The following words and terms shall have the meanings as written:
BUILDING. Any structure occupied or intended for supporting or sheltering any occupancy.
DIRECTOR. The Building Director, or his/her duly appointed designee.
OWNER. Any person, agent, operator, firm, or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of the property by a court.
PREMISES. A lot, plot or parcel of land, including any structure thereon.
RESPONSIBLE PARTY. Owners, tenants, occupiers, property managers and lessees.
UNOCCUPIED BUILDING. A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by the Director pursuant to the authority granted under this chapter. In determining the occupancy status of a building, the Director may consider these factors, among others:
(1) A building at which substantially all lawful residential or business activity has ceased.
(2) The building is substantially devoid of contents. The condition and value of fixtures or personal property in the building are relevant to this determination.
(3) The building lacks utility services, i.e., water, sewer, electric or natural gas.
(4) The building is subject to a mortgage foreclosure action.
(5) The building is not actively for sale as part of a contractual agreement to sell the building. This may be determined from the lack of any signage on the property listing the property "for sale" or "for rent".
(6) The presence or recurrence of uncorrected code violations.
VACANT BUILDING.
(1) Any building or portion of a building that is:
(a) Unoccupied and unsecured;
(b) Unoccupied and secured by boarding or similar means;
(c) Unoccupied and unsecured for five days or more (for purposes of this definition, UNSECURED shall mean that the doors or windows have not been locked or are broken permitting entry);
(d) Unoccupied with more than one code violation existing for 30 days or more.
(2) But not including: Any unoccupied building that is undergoing construction, renovation, or rehabilitation and that is otherwise in compliance with all applicable ordinances, codes, legislation and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion.
VACANT BUILDING MAINTENANCE STANDARDS. The standards to which vacant structures are subject under this chapter.
VACANT BUILDING REGISTRATION CERTIFICATE. The document issued by the city as set forth in this chapter, for structures meeting the definition of a "vacant structure."
(Ord. 20-31, passed 5-26-2020)