§ 34-44-2 - Definitions.
SECTION 34-44-2
§ 34-44-2 Definitions. – As used in this chapter:
(1) "Abandon" or "abandonment" means a situation where theowner of a building has intended to abandon the building, and has manifestedthe intent with some act or failure to act. In determining whether an owner hasabandoned his or her building, a court shall infer the intent of the owner fromthe existence of serious code violations which pose a health and/or safetyhazard to the community and which have gone unrepaired for an unreasonableamount of time and from any of the surrounding facts and circumstancesincluding, but not limited to the following:
(i) Whether or not the building is vacant;
(ii) Whether or not the grounds are maintained;
(iii) Whether or not the building's interior is sound;
(iv) Whether or not any vandalism on the building has goneunrepaired;
(v) Whether or not rents have been collected from thebuilding's tenants by the owner;
(vi) The length of time any of the above conditions haveexisted.
(2) "Abate" or "abatement" in connection with any propertymeans the removal or correction of any hazardous conditions deemed toconstitute a public nuisance and the making of such other improvements as areneeded to effect a rehabilitation of the property that is consistent withmaintaining safe and habitable conditions over the remaining useful life of theproperty. However, the closing or boarding up of any building that is found tobe a public nuisance is not an abatement of the nuisance.
(3) "Building" means any building or structure used orintended to be used for residential purposes and includes a building orstructure in which any floor may be used for retail stores, shops, salesrooms,markets, or similar commercial uses, or for offices, banks, civicadministration activities, professional services, or similar business or civicuses, and the other floor or floors are used or designed and intended to beused for residential purposes.
(4) "Interested party" means any owner, mortgagee,lienholder, or other person that possesses an interest of record in anyproperty that becomes subject to the jurisdiction of the court pursuant to thischapter and any applicant for the appointment of a receiver pursuant to thischapter.
(5) "Neighboring landowner" means any owner of property,including any person who is purchasing property by land installment contract orunder a duly executed purchase contract, that is located within two hundredfeet of any property that becomes subject to the jurisdiction of the courtpursuant to this chapter.
(6) "Public nuisance" means a building that is a menace tothe public health, welfare, or safety, or that is structurally unsafe,unsanitary, or not provided with adequate safe egress, or that constitutes afire hazard, or is otherwise dangerous to human life, or is otherwise no longerfit and habitable, or that in relation to existing use constitutes a hazard tothe public health, welfare, or safety by reason of inadequate maintenance,dilapidation, obsolescence, or abandonment.