§ 12-1. Definitions and rules of construction.

(a)

Words and terms used in this article not defined in this section shall have the meanings provided in the village zoning regulations in chapter 56. With regard to dangerous, abandoned and unsafe buildings, the words "building," "unsafe building," "structure," or "premises" shall be construed as though they were followed by the words "or any part thereof."

(b)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned building means a building with regard to which the owner has exhibited an intention to abandon and made an overt act or failure to act which carries the implication that the owner does not claim to or retain any interest in the building. It shall be deemed conclusive evidence of abandonment if a building has remained unoccupied for six months and:

(1)

No attempt has been made to sell or lease the premises or rehabilitate it in an effort to make it ready for sale or lease.

(2)

No attempt has been made to maintain the building in a structurally safe condition or to remove all conditions dangerous to the public health or to remove conditions which aid in the spread of disease.

(3)

Because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire or does create a fire hazard.

(4)

By reason of faulty construction or other cause is liable to cause injury or damage by collapsing or by the collapse or fall of any part of such structure.

(5)

Because of its condition or because of a lack of doors and windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.

(6)

No taxes have been paid in the year immediately preceding the filing of an order to abate the abandoned building.

Branch soil pipe means any pipe receiving the discharge from one or more water closets and with or without other fixtures and leading toward and connecting with the main soil pipe but not necessarily extending through the roof.

Building means all houses or structures, vacant, unused or used for single-family or multifamily dwellings, business or occupational uses; sheds, fences, garages or other manmade structures or any part thereof, whether vacant or not, within the corporate limits of the village.

Building officer means the building commissioner, the chief of police, the fire chief, the health officer and all inspectors and assistants as provided for by the village board of trustees. All such inspectors and assistants are under the jurisdiction of and subject to the control of the building commissioner.

Building official means any building department official or inspector.

Electrical equipment means conductors and other equipment installed for the utilization of electricity for light, heat or power. The term "electrical equipment" does not include radio apparatus or equipment for wireless apparatus of sounds and signals; nor does it include apparatus conductors or other equipment installed for or by public utilities including common carriers, which are under the jurisdiction of the state commerce commission for use in their operation as public utilities.

Fence means a freestanding structure resting on or partially buried in the ground and rising above the ground level used for confinement, screening, partition purposes or enclosure.

Fire hazard, when applied to existing buildings, means any vacant building unguarded or open at door or window.

House drain means the pipe within any building which receives the total discharge from any fixture or set of fixtures and which conducts or carries the same to the house sewer.

House sewer means the tile sewer which shall not be less than six inches internal diameter and which begins outside of the wall of a building and connects the house drain with the public sewer in the street.

ICC means the International Code Council.

Main soil pipe means any pipe receiving the discharge of one or more water closets with or without other fixtures and extending through the roof.

Main vent means the vertical line of air pipe running through two or more floors to which the vent or revent pipes from the various floors are connected.

NFPA means the National Fire Protection Association.

Negative impact means any adverse external effect, such as noise, glare, hazardous condition, visual intrusion or physical intrusion.

Nuisance means everything that endangers life or health, gives offense to the senses, violates the laws of decency or obstructs the reasonable and comfortable use of property.

Owner , as applied to buildings and other structures in the village, means any person who alone or jointly or severally with others has legal or equitable title to any dwelling or dwelling unit, is the owner's agent for the purpose of managing, maintaining or controlling a dwelling or dwelling unit, is the owner's agent for collecting the rents from a dwelling or dwelling unit, or manages, maintains or controls a dwelling or dwelling unit or is entitled to the control or direction of the management or disposition of a dwelling or dwelling unit.

Planted materials means hedges when used to create a visual barrier.

Privacy fence means a continuous, solid fence used to prevent view across the fence line, and may be a chain link fence with slats.

Revent pipe means any pipe used to prevent trap siphonage and back pressure.

Sharp pointed fence means a barbed wire or a fence with spikes or other sharp points.

Size of pipe means, where sizes of pipes are specified, the internal diameters of the pipes.

Soil vent or waste vent means that part of the main soil pipe or waste pipe which is above the highest installed fixture waste connection and extends through the roof.

Substantial reconstruction means an amount of repair cost which would be 50 percent or more of the building's assessed real value, exclusive of foundations.

Supplemental regulations means regulations imposed by the village in this chapter that are intended to be in addition and supplemental to the provisions of adopted building and technical codes.

Unsafe building means:

(1)

Any building which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants or neighboring structures;

(2)

Any building which because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire, and constitutes or creates a fire hazard;

(3)

Any building which by reason of faulty construction or any other cause is liable to cause injury or damage by collapsing or by the collapse or fall of any part of such structure;

(4)

Any building which because of its condition or because of a lack of doors or windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure;

(5)

Any building or structure which has been damaged by fire, wind, water, mold or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the village;

(6)

Any building which has become or is so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein;

(7)

Any building or structure which has parts thereof which are so attached that they may fall or injure members of the public or property;

(8)

Any building or structure which because of its condition is unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this village;

(9)

Any building or structure existing in violation of any provision of the building code of this village or any provision of the fire prevention code or other ordinances of this village.

Vent pipe means any pipe provided to ventilate a system of piping and to which the revents are connected.

Waste pipe means any pipe receiving the discharge from any fixture or fixtures other than water closets.

(Code 1978, §§ 4-1-2, 4-2-1, 4-3-6-1, 4-6-2, 4-8-2; Code 1997, §§ 18-71, 18-126, 18-186, 18-277, 18-317; Ord. No. 08-04-06, § 1, 4-15-2008; Ord. No. 10-01-02, § 2, 1-19-2010)