§ 13-21-202 — Part definitions

As used in this part, unless the context otherwise requires: (1) (A) "Blighted" or "deteriorated" property means any vacant structure or vacant or unimproved lot or parcel, whether residential, commercial or industrial, in a predominantly built-up neighborhood: (i) Which 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, fire or related codes; (ii) Which because of physical condition, use or occupancy is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures; (iii) Which, because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required by the housing code of the municipality, has been designated by the appropriate agency or department responsible for enforcement of the code as unfit for human habitation; (iv) Which is a fire hazard, or is otherwise dangerous to the safety of persons or property; (v) 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 its intended use; (vi) Which 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; (vii) Which has been tax delinquent for a period of at least three (3) years; or (viii) Which has not been rehabilitated within the time constraints placed upon the owner by the appropriate code enforcement agency; (B) "Blighted" or "deteriorated" does not apply to any property used for agricultural purposes; (2) "Municipality" means any county, including any county having a metropolitan form of government, or incorporated city or town in this state; (3) "Redevelopment" means the planning or replanning, design or redesign, acquisition, clearance, development and disposal, or any combination of these, of a property in the preparation of such property for residential, commercial, industrial, and related uses, as may be appropriate or necessary; (4) "Residential, commercial, industrial, and related use" means residential or commercial or industrial property for sale, lease or rental and related uses; such related uses include, but are not limited to, park and recreation areas, neighborhood community service, parking lots or structures, and any use which is consistent with and/or complementary to the existing properties in the area; and (5) "Vacant property review commission" means a commission established by ordinance to review vacant properties to make a written determination of blight and deterioration.

Legislative History

Acts 1990, ch. 1034, § 2; 1995, ch. 391, § 3; 1998, ch. 948, §§ 1 - 3.