§ 16-164. Standards for enforcement.

(a)

Every abandoned, storm-damaged or erosion-damaged structure within the town shall be deemed in violation of this article whenever the structure constitutes a hazard to the health, safety or welfare of town citizens as a result of:

(1)

The attraction of insects or rodents;

(2)

Conditions creating a fire or health hazard;

(3)

Dangerous conditions constituting a threat to children;

(4)

Frequent use by vagrants as living quarters in the absence of sanitary facilities; or

(5)

Storm or erosion damage resulting in any of the following conditions:

a.

Damaged structure in danger of collapsing;

b.

Damaged structure where it can be reasonably determined that there is a likelihood of personal or property injury.

(b)

In making the preliminary determination of whether or not an abandoned, storm-damaged or erosion-damaged structure is in violation of this article, the building inspector may, by way of illustration and not limitation, consider the presence or absence of the following conditions:

(1)

Holes or cracks in the structure's floors, walls, ceilings or roof which might attract rodents and insects, or become breeding places for rodents and insects;

(2)

The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become breeding places for rodents and insects;

(3)

Violations of the state building code, the state electrical code, or the fire prevention code which constitute a fire hazard in the structure;

(4)

Violations of public health regulations including but not limited to the lack of systems or facilities for the proper disposal of wastewater.

(5)

The collection of garbage, rubbish or combustible material which constitutes a fire hazard in the structure;

(6)

The use of the structure or nearby grounds or facilities by children as a play area;

(7)

Violations of the state building code which might result in danger to children using the structure or nearby grounds or facilities as a play area; and

(8)

Repeated use of the structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking or eating; and

(9)

Any of the conditions set forth in section 4(a)(5) of this article.

(Ord. No. 05-02-005, § 4, 2-2-2005; Ord. No. 05-05-015, § I, 5-18-2005)