"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 occupancy has ceased, or which is substantially devoid of contents. In determining whether a business 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 frequency with which persons are on the premises, 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 structure shall not be deemed vacant if it has been used for commercial, industrial or institutional purposes by a person entitled to possession for a period of at least three (3) months within the previous nine (9) month period and a person entitled to possession intends to resume occupation of the property. A structure containing multiple units with at least one (1) shared entrance to the individual units shall be deemed vacant if, and only if, each and every unit within said structure is vacant.
(Ord. 110-2018. Passed 10-3-18.)