Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings indicated in this section.
   (a)    “Secured by other than normal means.” A building secured by means other than those used in the design of the building.
   (b)    “Unoccupied.” A building which is not being used for occupancy authorized by the owner. The term “unoccupied” shall only be applicable to multi-unit structures when more than half (1/2) of the units and more than half (1/2) of the available space are not currently occupied by a tenant or tenants.
   (c)    “Unsecured.” A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
   (d)    “Vacant building.” A structure (excluding government-owned buildings) which is:
      (1)    Unoccupied and unsecured; or
      (2)    Unoccupied and secured by other than normal means; or
      (3)    Unoccupied and an unsafe building as determined by the Planning and Community Development Division; or
      (4)    Unoccupied and having utilities disconnected; or
      (5)    Unoccupied and has housing or building code violations; or
      (6)    Illegally occupied, other than during a pending dispute between landlord and tenant, but including loitering and vagrancy; or
      (7)    Unoccupied for a period of time over 90 days and having an existing code violation issued by a City or State housing, building, health or fire official; or
      (8)    Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
      (9)    Unoccupied and abandoned by the property owner.
   (e)    “Evidence of vacancy.” Any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to: significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by governmental employee(s) that the property is vacant.
   (f)   “Division.” The City of Ashtabula Division of Planning and Community Development. (Ord. 2013-44. Passed 3-18-13.)