"Vacant" means a structure which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful residential occupancy has ceased, or which is substantially devoid of contents. In determining whether a dwelling structure is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the structure or floor area 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; provided that a dwelling structure shall not be deemed vacant if it has been used as a residence by a person entitled to possession for a period of at least three months within the previous nine month period and a person entitled to possession intends to resume residing at the property; and further provided that a dwelling structure containing more than one dwelling unit shall be considered vacant when all of the dwelling units within the structure are vacant. If an owner fails to obtain a Certificate of Occupancy for any structure for which a Certificate of Occupancy is required pursuant to Chapter 1347 of the Codified Ordinances, the structure will be presumed vacant.
(Ord. 111-2018. Passed 10-3-18.)