Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings indicated in this section.
(a) "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.
(b) "Secured by other than normal means." A building secured by means other than those used in the design of the building.
(c) "Unoccupied." A building which is not being used for occupancy authorized by the owner. The term "unoccupied" shall only be applicable to multi-unit structures when more than one-half of the units and more than one-half of the available space are not currently occupied by a tenant or tenants.
(d) "Unsecured." A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(e) "Vacant building." A structure (excluding government-owned buildings) which is:
(1) Unoccupied and unsecured;
(2) Unoccupied and secured by other than normal means;
(3) Unoccupied and an unsafe building as determined by the Village Manager or his duly designated representative;
(4) Unoccupied and having utilities disconnected;
(5) Unoccupied and has housing or building code violations;
(6) Illegally occupied, other than during a pending dispute between landlord and tenant, but including loitering and vagrancy;
(7) Unoccupied for a period of time over ninety days and having an existing code violation issued by a city or state housing, building, health or fire official;
(8) Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
(9) Unoccupied and abandoned by the property owner.
(Ord. 1683. Passed 4-8-19.)