For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them as follows:
(a) Boarded: A building or structure subject to the provision of this section shall be deemed to be "boarded" if in place of one or more exterior doors, other than a storm door, or of one or more windows accessible from ground level, there is a sheet or sheets of plywood or similar material covering the space for such door or window.
(b) Exterior maintenance and major systems: The phrase "exterior maintenance and major systems" shall mean the safe and lawful maintenance of the facade, windows, doors, roof and other parts of the exterior of the building and the maintenance of its major systems consisting of the roof, the electrical and plumbing systems, the water supply system, the sewer system, and the sidewalk, driveway, if any, area of the lot, as applicable and as enforced by the Code Official, particularly in connection with codes adopted by the City as well as all applicable local, state and federal laws.
(c) Occupied: Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business occupant, or as the legal or equitable owner(s) and occupant(s) or tenant(s) (pursuant to a lease agreement) on a permanent, non-transient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water or sewer services; a valid City business license, a written lease, a certificate of occupancy, or the most recent, federal, state or City income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of bona fide pre-rental inspection.
(d) Open: A building or structure subject to the provisions of this section shall be deemed to be "open" if any one or more exterior doors other than a storm door is broken, open and/or closed but, without a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same.
(e) Vacant: A building or structure shall be deemed to be vacant if no person or persons actually, currently conduct a lawfully licensed business, or lawfully reside, dwell, or live in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s) , or tenant(s) on a permanent, non-transient basis, for more than ninety (90) days. A building or structure shall be deemed vacant and subject to the registration and possible penalty provisions provided herein if the exterior maintenance and major systems of the building and the surrounding real property thereof, as defined in this section, are in violation of the building codes or health and sanitation codes and if there is not proof of continual utility service evidencing actual use of electric, gas (i .e., applicable heating sources), water service, etc. Continual is meant to be not more than one ninety (90) day interruption in any given three hundred sixty (360) day period. In order for such continual utility service to be considered as being actually in use as described in this section, it must be more than merely registered to the owner for purposes of billing and must be utilized, at a minimum, in order to keep the property and the major systems of the building in compliance with building and safety codes. The person or entity asserting that there has been continued utility service has the burden to produce actual bills evidencing utility service for the relevant period.
(f) Code Official means the Code Official appointed pursuant to Section 1712.02(a) or his/her designee.
(g) Days means consecutive calendar days.
(h) Residential Commercial Property means any property that contains one or more dwelling units used, intended, or designed to be occupied for living purposes.
(i) Local means within twenty (20) driving miles distance of the property in question.
(j) Mortgagee means the creditor, including but not limited to, service companies, lenders in a mortgage agreement and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests, or obligations under the mortgage agreement.
(k) Owner means every person, entity, service company, property manager or real estate broker, who alone or severally with others:
(1) Has legal or equitable title to any dwelling, dwelling unit, vacant or otherwise; or
(2) Has care, charge or control of any dwelling, dwelling unit, vacant or otherwise, including, but not limited to, agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or
(3) Is a mortgagee in possession of any such property; or
(4) Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
(1) Property means any real, residential, or commercial real property located in the City of Clarksburg, including building or structures situated on the real property. The term shall also include properties utilizing the City's fire services. For purposes of this section only, property does not include property owned or subject to the control of the City or any of its governmental bodies.
(m) Securing means measures that assist in making the property inaccessible to unauthorized persons.
(Ord. 16-3. Passed 2-18-16.)