Definitions

10 CMC § 30505 — under Nuisance Abatement and Blighted Property Maintenance Act of 2018.

10 CMC § 30505

TITLE 10: LOCAL LAWS DIVISION 3: THIRD SENATORIAL DISTRICT (SAIPAN, ETC,)

§ 30505. Definitions. For the purposes of this Chapter: (a) Abandoned vehicle means a vehicle that does not bear a license plate, or is unregistered and incapable of moving under its own power. (b) Administrator means the Zoning Administrator authorized by 2 CMC § 7222. (c) Alter or alteration means a change or modification in construction or occupancy. (d) Blight, blighting influence, or blighting factor means either: that which endangers life or property by fire or other causes, or that which substantially impairs or arrests property values or the sound growth of the Commonwealth and is a menace to the public health, safety, morals, or welfare in its present condition and use. (e) Building or structure means that which is built or constructed, an edifice of any kind, or any piece of work artificially built or composed of parts joined together in some form. The terms “building” or “structure” shall be construed as if followed by the words “or part thereof.” Accessory buildings, canopy, shelving, rack, and each and every type of portable equipment shall be considered buildings or structures within the meaning of the definition. (f) Deterioration shall mean the condition or appearance of a building or structure, characterized by holes, breaks, rot, crumbling, cracking, spalling, peeling, rusting, or other evidence of physical decay or neglect, excessive use, or lack of maintenance. (g) Dwelling means a building or mobile home which is wholly or partly used or intended to be used for living or sleeping by human occupants, whether or not the building is actually occupied or vacant; provided, that temporary housing, as defined in this section shall not be regarded as a dwelling. (h) Existing building means a building, apartment house, or rooming house, irrespective of when the building was constructed, altered, or repaired. (i) Exposed to public view shall mean any premises, or open space, or any part thereof, or any building or structure that may be lawfully viewed by any member of the public from a sidewalk, street, alleyway, or from any adjoining or neighboring premises. (j) Exterior premises shall mean those portions of a building or structure that are exposed to public view, and the open space of any premises outside of any building or structure erected thereon. (k) Extermination means the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by using another recognized and legal pest elimination method approved by the Chief.

TITLE 10: LOCAL LAWS DIVISION 3: THIRD SENATORIAL DISTRICT (SAIPAN, ETC,)

(l) Good state of repair shall mean and be a standard of maintenance that renders a building safe, serviceable, habitable, and possessed of a neat and orderly appearance. (m) Good working condition shall mean the item is fully operable for the use for which it was intended. (n) Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage space. (o) Historic landmark means a specific object, site, or building designated as historic by law. (p) Infestation means the presence, within or around a dwelling, of insects, rodents, or other pests. (q) Inner court means an open unoccupied space bounded by the walls of the building, but located within the exterior walls of the building. (r) Inoperable when referring to a vehicle means incapable of being immediately driven, moved, or pulled in the manner for which it was intended or designed. (s) Junk vehicle means an inoperable vehicle. (t) Junk vehicle removal means to physically remove a junk vehicle from private or public property. (u) Multi-family residential building or structure shall mean a residential building or structure not used, or intended to be used, as a single-family residence. (v) Owner means: (1) The holder of the title in fee simple, whether a single person, a group of persons or one or more companies, associations; or (2) A person who alone or jointly or severally with others: (i) Has legal title to a dwelling unit, with or without accompanying actual possession thereof. (ii) Has charge, care, or control of a dwelling or dwelling unit, as owner or as personal representative, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, assignee of rents, lessee or other person, firm or corporation in control of a building. (iii) The duly authorized agent of any of the foregoing. (iv) Has a leasehold interest of 25 years or more in total. (w) Physical value means the actual cost of replacement of a building or structure with similar materials erected in a manner similar to the original construction. (x) Premises shall mean building, structure, and the grounds thereon situated. (y) Repair means the replacement of existing work, in a workmanlike manner, with the same kind of material used in the existing work, not including additional work that would: (1) Change the structural safety of the building.

TITLE 10: LOCAL LAWS DIVISION 3: THIRD SENATORIAL DISTRICT (SAIPAN, ETC,)

(2) Affect or change required exit facilities or a vital element of an elevator, plumbing, gas piping, wiring, or heating installation. (3) Be in violation of the law. The term repair shall not apply to a change of construction. (z) Required means required by some provision of the law. (aa) Structure means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in some definite manner. (bb) Substandard dwelling or structure means a dwelling, dwelling unit, multiple dwelling, apartment, apartment house, or another space used or intended to be used as a habitable living space in a building or structure which does not meet the basic minimum requirements of this Chapter for the use. (cc) Vehicle when used in this Chapter means a motor vehicle, travel trailer, and other vehicles required by the state to be licensed, which also includes buses, mopeds, motorcycles, trucks, semi-tractors and/or trailers, go-carts, golf carts, and campers. This definition shall not include mobile or manufactured homes. Source: SLL 20-25 § 2 (June 14, 2018), modified. Commission Comment: The Commission changed “section” to “Chapter” in the leading paragraph pursuant to 1 CMC § 3806(g). The Commission inserted serial commas throughout pursuant to 1 CMC § 3806(g). The Commission inserted a comma after “other causes” in (d) pursuant to 1 CMC § 3806(g). The Commission changed the capitalization of “Section” in (g) pursuant to 1 CMC § 3806(f). The Commission changed “methods” to “method” in (k); changed “Multifamily” to “Multi-family” in (u); changed “associations, or” to “associations; or” in (v)(1); and changed “twenty-five (25)” to “25” in (v)(2)(iv) pursuant to 1 CMC § 3806(g). The Commission renumbered (z)–(cc) pursuant to 1 CMC § 3806(a).