Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meanings shown in this
section. Where terms are not defined through the methods authorized
by this section, such terms shall have ordinarily accepted meanings
such as the context implies.
ABANDONED BUILDING
A.
Any building or structure that is vacant and is under a current
notice of default; under a current notice of trustee's sale;
pending a Tax Assessor's lien sale; any property that has been
the subject of a foreclosure sale where the title was retained by
the beneficiary of a deed of trust involved in the foreclosure; and
any property transferred under a deed in lieu of foreclosure/sale.
B.
Any building that meets one or more of the conditions cited
below:
(1)
Doors and windows on the mortgaged premises are continuously
boarded up, broken or left unlocked;
(2)
Rubbish, trash or debris has observably accumulated on the mortgaged
premises;
(3)
Furnishings and personal property are absent from the mortgaged
premises;
(4)
The mortgaged premises are deteriorating so as to constitute
a threat to public health or safety;
(5)
A mortgagee has changed the locks on the mortgaged premises
and neither the mortgagor nor anyone on the mortgagor's behalf
has requested entrance to, or taken other steps to gain entrance to,
the mortgaged premises;
(6)
Reports of trespassers, vandalism or other illegal acts being
committed on the mortgaged premises have been made to local law enforcement
authorities;
(7)
A code enforcement officer or other public official has made
a determination or finding that the mortgaged premises are abandoned
or unfit for occupancy;
(8)
The mortgagor is deceased and there is no evidence that an heir
or personal representative has taken possession of the mortgaged premises;
and
(9)
Other reasonable indicia of abandonment.
CITATION
A charge or formal written accusation of violation of a municipal,
state or federal law, regulation or ordinance, including any violations
of the International Property Maintenance Code as adopted by the City
of Walhalla.
CODE VIOLATION
Violation of any code adopted and/or enforced by the City,
which may include but shall not be limited to the City of Walhalla
Code of Ordinances or the International Property Maintenance Code.
COURTESY REGISTRATION
Notification by mail, phone, fax or email to the Community
Development Department or Code Enforcement Officer notifying them
of an extended vacancy of 120 days or more of a primary residence
for work, vacation, military or a medical reason.
NONRESIDENTIAL STRUCTURE
Any building designed for occupancy for office, commercial,
industrial, three or more residential units, or a combination thereof.
OWNER
Any person, firm or corporation having a legal or equitable
title in the property; or recorded in the official records of the
state, county or municipality as holding title.
PROPERTY
A lot, plot, premises or parcel of land, including the buildings
or structures thereon.
RESPONSIBLE LOCAL REPRESENTATIVE
A person having his or her place of residence or business
office within 45 miles of the vacant building and designated by the
property owner as the agent responsible for operating such property
in compliance with the ordinances adopted by the City. For the purposes
of this chapter, the term "agent" shall refer to the responsible local
representative.
RESPONSIBLE PARTY
Any owner, occupant, agent, manager, operator and/or management
company of a building, dwelling, structure or lot.
SECURE
Means a building or portion of a building is closed or locked
for entry by normal means other than boarding.
UNOCCUPIED
A building which is not being used for a legal occupancy.
UNSECURED
Means a building or portion of a building is open to entry
by unauthorized persons without the use of tools or ladders.
VACANT BUILDING
A.
Any structure built for occupancy of residential, commercial
or industrial uses that is unoccupied.
B.
Vacant building categorical classification standards. A building
or portion of a building which is:
(1)
Category I: no current code violations on the structure or the
premises.
(a)
The building is secure, not boarded.
(b)
The building is structurally sound with no code violations.
(c)
The property is maintained to minimal code by the owner or responsible
party.
(2)
Category II: minimal code violations.
(a)
The building is boarded and secure.
(b)
The building is structurally sound with minor code violations.
(c)
The property is not regularly maintained.
(3)
Category III: severe code violations.
(a)
The building is boarded or needs to be boarded.
(b)
Structural deficiencies are evident.
(c)
History of criminal activity at the address.
(d)
The structure is unfit for occupancy.
(e)
The property is not maintained.
Any person aggrieved by the requirements of this chapter may
seek administrative appeal to the Construction Board of Appeals. Any
person aggrieved by a final decision issued under this section by
the Construction Board of Appeals may seek relief in any court of
competent jurisdiction as provided by the law.