13-21-301 - Part definitions.
13-21-301. Part definitions.
For the purposes of this part, unless the context otherwise requires:
(1) Deteriorated means any structure or vacant or unimproved lot or parcel in a predominantly built-up neighborhood:
(A) That, because of physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, electrical, fire, health or related codes;
(B) That, because of physical condition, use or occupancy is considered an attractive nuisance;
(C) That, because it is dilapidated, unsanitary, unsafe, vermin-infested or other condition, has been designated by the appropriate agency or department of the municipality as unfit for human habitation or use;
(D) That is a fire hazard, or is otherwise dangerous to the safety of persons or property;
(E) From which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for human habitation or use;
(F) That, by reason of neglect or lack of maintenance, has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;
(G) That has been tax delinquent for a period of at least three (3) years; or
(H) That has not been rehabilitated within the time constraints placed upon the owner or party in interest by the municipality;
(2) Dwelling means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith;
(3) Dwelling unit means a building or structure or part thereof that is used for a home or residence by one (1) or more persons who maintain a household;
(4) Governing body means the council, commission, or board, or other legislative body, charged with governing a municipality;
(5) Municipality means any county, including any county having a metropolitan form of government, or incorporated city or town in this state;
(6) Owner means the holder of the title to real property and every mortgagee of record;
(7) Parties in interest means all individuals, associations, corporations and others who have interests of record in a structure and any who are in possession thereof;
(8) Public authority means any department, agency or branch of the government of the municipality or state relating to health, fire, building regulations, or other activities concerning structures in the municipality;
(9) Public officer means any officer or officers of a municipality or the executive director or other chief executive officer of any commission or authority established by the municipality or jointly with any other municipality who are authorized by ordinance adopted hereunder to exercise the power prescribed by the ordinances and by this part;
(10) Residential rental dwelling unit means a dwelling unit that is leased or rented to one (1) or more tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit, unless otherwise provided by the zoning ordinance of the municipality; and
(11) Structure means any dwelling or place of public accommodation or vacant building or structure suitable as a dwelling or place of public accommodation.
[Acts 2006, ch. 949, § 1.]