As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING
Any structure having a roof supported by columns or walls and intended
for the shelter or enclosure of persons, animals or property.
DANGEROUS BUILDING
Any building or structure which has any or all of the following conditions:
A.
Those where any interior wall or walls, or other structural load-bearing
members, list, lean or buckle to such an extent that a plumb line, passing
from any overhead supporting member through the center of gravity, falls outside
the middle third of its base.
B.
Those which, exclusive of the foundations, show 331/3% or more of deterioration
of the supporting member or members or 50% or more damage to or deterioration
of the nonsupporting enclosing or exterior walls or covering.
C.
Those which have improperly distributed loads upon the floors or roofs,
or in which the floors or roofs are overloaded or which have insufficient
strength to be reasonably safe for the purpose used, and which do not meet
minimum standards prescribed by the Building Code.
D.
Those having inadequate or insufficient facilities for ingress or egress
in the event of fire, panic or other emergency; or those having insufficient
stairways, elevators, fire escapes, aisles, passageways, corridors or other
means of access; and which do not meet minimum standards prescribed by the
Building Code.
E.
Those which have parts thereof which are so attached or connected in
such a manner that they may fall, collapse or cause damage and injury to the
occupants thereof or other persons or property.
F.
In addition to the foregoing, those which, in whole or in part, are
used for residential, mercantile, industrial, storage, assembly, institutional
or any other purpose and, for want of repair, lack of sufficient fire escapes
or exits or by reason of age or dilapidated condition or from any other cause,
may be or shall at any time hereafter become dangerous or unsafe structurally
or a fire hazard or a nuisance to the general public.
G.
A vacant building, unguarded or open at the door or window.
STRUCTURE
Anything constructed or erected, the use of which requires location
on the ground or attachment to something located on the ground.
A building or structure or part thereof is unsafe, dangerous or a serious
hazard if it is one which:
A. Is or may become dangerous or unsafe to the general public
or any inhabitants or users thereof by reason of bad conditions of walls,
overloaded floors, defective construction, deterioration or lack of safeguards
against fire or other causes;
B. Is open at the doorways, windows or other entries making
it accessible to and an object of attraction to minors as well as to vagrants
or other trespassers;
C. Is or may become a place of rodent or vermin infestation;
D. Presents any other danger to the health, safety, morals
and general welfare of the public; or
E. Is unfit for the purposes for which it may be lawfully
used.
The maintaining of any dilapidated building on any property located
within the corporate limits of the Town of Selbyville which constitutes a
serious hazard to life and property shall be and is hereby declared to be
a common and public nuisance.
The Mayor shall, upon complaint for two or more residents of the town
or upon a resolution passed by the Town Council of the Town of Selbyville,
appoint a Hazard Inspection Committee consisting of not less than three members,
at least two of whom shall be elected Council members. One of the Council
members so appointed by the Mayor shall be designated by the Mayor to be Chairman
of the Committee.
Whenever the Town Council receives any information that a building located
within the corporate limits of the Town of Selbyville is a serious hazard
to life and property, the Mayor shall direct the Hazard Inspection Committee
to investigate and determine whether the building is a serious hazard to life
and property.
The Hazard Inspection Committee shall proceed to make its investigation
and shall make a report to the Town Council, not later than 30 days after
having been directed to make an investigation, setting forth in writing its
findings and conclusions concerning the building.
Any provision of this chapter to the contrary notwithstanding, where
it reasonably appears that there is imminent danger to the life or safety
of any person unless a dangerous building or structure, as defined herein,
is immediately repaired, vacated or demolished, the Building Inspector shall
cause the immediate repair, vacation or demolition of such dangerous building
or structure. For this purpose he may at once enter such structure or land
on which it stands, or abutting land or structure, with such assistance and
at such cost as may be necessary. He may vacate adjacent structures and protect
the public by appropriate barricades or such other means as may be necessary
and for this purpose may close a public or private way. The cost of such emergency
repair, vacation or demolition of such dangerous building or structure shall
be collected from the property owner.
Any person, firm or corporation violating any of the provisions of this
chapter shall, upon conviction, be subject to a fine of $10 a day, plus costs,
including the Town Attorney fees and Victim's Compensation Fund assessment,
and imprisonment for a term of not less than 10 days nor more than 30 days
for the first such conviction. Each day that a violation of any of the provisions
of this chapter continues shall be deemed and taken to a separate and distinct
violation.