For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. A structure that is unoccupied as the result of the relinquishment of possession or control by an owner or other person with the right of possession or control of the structure, a mortgagor or the mortgagor’s assigns whether or not the mortgagor or mortgagor’s assigns have relinquished equity and title. A structure may be deemed ABANDONED when there is evidence of conditions, taken separately or as a whole, that would lead a reasonable person to conclude that the property was abandoned, including, but not limited to, evidence of overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, mail, past due utility notices, or other means of notice by publication, the accumulation of junk, litter, trash or debris, absence of windows or window treatments, absence of furnishings and personal items, statements of neighbors, delivery agents or similarly situated persons that the property is ABANDONED.
CODE OFFICIAL. The same meaning and duties as that set forth in § 1350.05 of the city’s Development Code.
CODES. The Code of Ordinances of the city or those adopted by said code of ordinances.
INSPECTOR. A person employed by or under contract to the city to perform inspections to determine compliance with codes and to order corrective measures and/or initiate administrative, civil or criminal proceedings.
OWNER. The registered owner of a property, any person who holds legal or equitable title to the property, is a mortgagee, a vendee-in-possession, assignee of rents, executor, trustee, lessee, agent or any other person, firm or corporation that is directly or indirectly in control of a property. The OWNER of a property in default or for which a foreclosure action is pending or for which a judgment in foreclosure has been issued shall include the mortgagee, the successor in interest to the mortgagee, the lender or servicing company and any agent acting for the mortgagee, its successors or a lender or servicing company. Under this definition, there may be more than one OWNER of a property for purposes of this chapter.
SECURE. A covering shall be placed over all doors and windows which are within 15 feet of the exterior grade, consisting of one-half inch thick plywood attached to the framing of all such doors and windows by wood screws of a minimum length of one and one-half inches, placed 12 inches on center. Such plywood shall be painted with a minimum of two coats of oil-based exterior paint. In order to be considered SECURE, a property must also be in compliance with all requirements of the city’s Property Maintenance Code.
VACANT.
(1) A structure that is not lawfully occupied or that otherwise qualifies as “abandoned” under this section. Multi-family residential structures shall be considered
VACANT when substantially all of the dwelling units are not lawfully occupied or that otherwise qualifies as “abandoned” under this section. Commercial structures shall be considered VACANT when all commercial activity has ceased at the site or that otherwise qualifies as “abandoned” under this section. Multi-tenant commercial structures shall be considered VACANT when substantially all of the units are not lawfully occupied or engaging in commercial activity, or that otherwise qualifies as “abandoned” under this section. Industrial structures shall be considered abandoned when all industrial or manufacturing activity has ceased at the site or that otherwise qualifies as “abandoned” under this section. Multi-tenant industrial structures shall be considered VACANT when substantially all of the units are not lawfully occupied or engaging in industrial or manufacturing activity, or that otherwise qualifies as “abandoned” under this section.
(2) In determining whether a structure is
VACANT, it is also relevant to consider, among other factors, the percentage of the overall square footage of the building or floor not in use to the occupied space; the condition and value of any items in the structure and the presence of rental or for sale signs on the property.
(3) A property that is temporarily unoccupied and is in the process of being renovated under proper and unexpired permits shall not be considered
VACANT.
(4) A property that is listed for sale with a licensed realtor under a fully executed listing agreement shall not be considered
VACANT for the first six months of the listing agreement under which the property was first listed for sale. Such property shall be considered VACANT for purposes of this section upon the expiration of the first six-month period for which it is first listed for sale or upon a subsequent re-listing with the same or a different licensed realtor. Unoccupied property listed as “For Sale by Owner” shall be considered VACANT for purposes of this section.
(Prior Code, § 1456.03) (Ord. 98-2015, passed 9-14-2015)