For the purposes of this Chapter, certain words and phrases are defined as follows:
(b) "Days" means consecutive calendar days.
(c) "Evidence of vacancy" means 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 neighbors, delivery agents, or governmental agency employee(s) that the property is vacant.
(d) "Government agency" means any public entity having authority over property or residents of the City, including but not limited to the City of Canton Building Department, the Stark County Building Department, the Canton Health Department, the Stark County Health Department, the Canton Police Department, the Canton Fire Department, or the Stark County Sheriff's Office.
(e) "Non-residential property" means any structure, or part thereof, that is used, or designed to be used for any private or public manufacturing, industrial, or commercial business purposes whether or not legally zoned for such use. There is a rebuttable presumption that a structure located on a parcel of real property classified by the Stark County Auditor according to its principal use as "commercial" or "industrial" pursuant to Ohio R.C. § 5713.041 and O.A.C. 5703-25-10 is non-residential property.
(f) "Secured by other than normal means" means a structure secured by means other than those used in the design of the building.
(g) "Unoccupied" means a building that 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 or more than half (1/2) of the available space are not currently occupied by a tenant or tenants.
(h) "Unsecured" means a building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(i) "Utilities" means water, sanitation, natural or propane gas, and electricity services.
(j) "Vacant" means non-residential property that 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 any government agency; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and having an existing violation of the City Building Code; 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 sixty (60) days and having an existing violation of any provision of the Canton Codified Ordinances, the Ohio Revised Code, or the Ohio Administrative Code issued by any Government Agency; or
(8) Unoccupied for a period of time over one hundred eighty (180) days; or
(9) Unoccupied and abandoned by the property owner.a
(Ord. 86-2016. Passed 5-16-16; Ord. 48-2017. Passed 3-6-17.)