Unless otherwise expressly stated, the following terms shall, for the purpose of this subchapter, have the meanings indicated in this section.
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.
PERSON IN CONTROL. The owner of the freehold estate of the premises; a mortgagee or vendee in possession; a receiver; and executor; a trustee; and any person, public or private entity, lessee or holder of a lessor estate in the premises, and/or its duly authorized agent, with the authority to bring a building or premises into compliance with the provisions of this
code, including but not limited to any mortgagee that has filed an action in foreclosure on the particular premises at issue, based on breach or default of mortgage agreement, until title to the premises is transferred to a third party.
SECURED BY OTHER THAN NORMAL MEANS. A building secured by means other than those used in the design of the building.
TEMPORARILY VACANT. An owner- occupied residential building which is unoccupied by the owner for a period not to exceed six months in any calendar year.
UNOCCUPIED. A building which is not being used for the occupancy authorized by the owner and/or person in control.
UNSECURED. A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
VACANT BUILDING. A building (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 Property Maintenance Officer; or designee; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and has housing or building code violations; or
(6) Illegally occupied, which shall include loitering and vagrancy; or
(7) Unoccupied for a period of time over 90 days and having existing code violation issued by the Property Maintenance Officer; or designee; or
(8) Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed);
(9) Unoccupied and abandoned by the property owner or person in control;
(10) A building shall not be considered a vacant building if the building contains multiple units and any one of the multiple units is considered to be occupied.
(Ord. 37-13, passed 6-10-13)