§ 8-38. Definitions.

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

Abandonment means giving up with the intent of never again claiming a right or interest in; to leave without intending to return.

Abatement includes, but shall not be limited to, removal, cleaning, cutting, repairing, painting, mowing, securing, boarding unoccupied buildings or structures, removing dangerous portions of buildings or structures and demolitions of dilapidated structures or abandoned buildings.

Building , when combined with other words or used alone, means any type of building, structure, residence or dwelling. The term "building" shall not be interpreted or construed to mean residential and commercial structures which are under construction or which are in a substandard condition as a result of a natural disaster, an act of God, force majeure, a catastrophe or such other occurrence over which the owner has no control, except as set forth in R.S. 33:4770.7.

Commission means the building maintenance commission.

Dilapidated building means any building:

(1)

Which is unsafe, unsanitary, unfit for human habitation, deemed uninhabitable or not provided with adequate egress;

(2)

Which constitutes a fire hazard or may otherwise be dangerous to human life;

(3)

Which in relation to its condition constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment for a period in excess of six months;

(4)

Which through neglect and injury which exceeds the ordinary, usual or expected maintenance of a building, lacks necessary repairs which constitutes a hazardous building;

(5)

Which has been declared to constitute a public nuisance by a court of competent jurisdiction;

(6)

Which fails to meet or maintain the standards for the maintenance of buildings in the city as hereafter defined in this article, or as may be defined by any other law or ordinance of the city or state.

Occupied structure means any building or other residential or commercial structure in which humans dwell, without regard to whether the occupation is by a legal or equitable owner thereof, an agent of the same, or by a lessee of a legal or equitable owner.

Party wall or common wall shall be applied as set forth in Civil Code Article 675 (C.C. 675).

Secured building means the closing of any building by means of placing or attaching boards or other materials over doors, windows, and other entry points in order to prohibit persons from entering the building and in order to maintain it in its present condition without further damage to such building or danger to the public welfare and safety.

Standards for maintenance of buildings means that the exterior of every premises and structure shall be maintained in good repair, to the end that the premises and each structure thereon will be preserved; adjoining properties protected from blighting influences; and safety and fire hazards eliminated; which standards shall include the following:

(1)

All exterior surfaces, including, but not limited to, walls, doors, door and window frames, cornices, porches and trim, shall be maintained in good repair. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay. All siding and masonry joints shall be maintained weather resistant and watertight.

(2)

Exterior walls of building shall be maintained free from holes, breaks, cracks, loose, missing or rotting materials and siding; and shall be maintained weatherproof.

(3)

Roofs of buildings shall be maintained so that they are structurally sound and in a safe condition and have no defects which might admit rain or cause dampness in the interior portions of a building. All portions, additions or sections of a roof, including, but not limited to, the fascia, eave, soffit, sheathing, rafter tail, barge rafter, vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be complete with all trim strips, moldings, brackets, braces and supports attached or fastened in accordance with common building practices.

(4)

Exterior stairways, decks, porches and balconies, and all appurtenances attached thereto, of buildings shall be maintained so that they are structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

(5)

Windows of buildings shall be watertight, waterproof and fully supplied and maintained with glass windowpanes or with a substitute approved by the city inspector, which is free from and without open cracks or holes. Screens, if provided, shall be securely fastened to the window.

(6)

Exterior doors of buildings shall be maintained so that they fit reasonably well within their frames so as to substantially prevent rain and wind from entering a building. Exterior door jambs, stops, headers and moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. Additionally, exterior doors shall be provided with proper hardware and maintained in proper working condition.

(7)

Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

Unoccupied structure means any building or other residential or commercial structure which, at time of inspection, is not inhabited by humans.

Unsafe building means any building which meets any or all of the following criteria:

(1)

The building is likely to partially or completely collapse because of:

a.

Dilapidation, deterioration or decay;

b.

Faulty construction;

c.

The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

d.

The deterioration, decay or inadequacy of its foundation; or

e.

Any other causes.

(2)

The building is likely to cause sickness or disease when sought to be used for its intended purpose because of dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise is determined by any code enforcement officer or the building inspector or his assignee to be unsanitary or unfit for human habitation.

(3)

It has been determined by the fire marshal or fire chief that the building is a fire hazard because of dilapidated conditions, deterioration, damage, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus or other causes.

(4)

It has been determined that any portion of the building remaining on a site, after the demolition or destruction of such building, or whenever an unsecured building has been abandoned for a period of six months so as to constitute the building or portion thereof to be an attractive nuisance or hazard to the public.

(5)

The building or any portion, any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of 25 miles per hour.

(6)

The building or any portion thereof has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially become less resistant to winds or other natural occurrences such as is required in the case of similar new construction.

(7)

The building's exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb, perpendicular, line passing through the center of gravity does not fall inside the middle one-third of the base.

(8)

Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent or more of damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

(9)

Whenever the building has been so damaged by fire, wind, flood or other natural occurrence, or has become so dilapidated or deteriorated as to become:

a.

An attractive nuisance to children;

b.

A harbor for vagrants, criminals or immoral persons; or

c.

As to enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

(10)

Whenever any building is in such a condition as to be deemed or declared a public nuisance by a court of competent jurisdiction.

(11)

Whenever an owner keeps the doors and windows of a vacant building open or the building is deficient and lacking the appropriate number of walls in such a manner as to allow unauthorized entry.

(12)

Whenever any building lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or the public.

(13)

Whenever a building has been unsecured for more than 12 consecutive months.

(14)

Whenever any residential building fails to meet the minimum housing standards of any applicable health or sanitary codes.

Unsecured building means any building which is not occupied by a legal or equitable owner thereof, or by a lessee or agent of a legal or equitable owner, and into which there are one or more unsecured openings such as broken or unlocked windows, broken or unlocked doors, holes in exterior walls or roof, broken basement or cellar hatchways or other similar unsecured openings which would facilitate an unauthorized entry into the building.

(Code 1968, § 5-24; Ord. No. 2007-09, § 2, 12-4-2007)