As used herein, the following terms shall be defined, as follows:
“ACTIVELY REHABBING.” Actively making repairs, alterations, additions, or other improvements to a vacant property. Failure to conduct construction work on such a property for more than seven consecutive days will be prima facie evidence the property is not being actively rehabbed. Failure to obtain all permits and license fees required by the Campbell County Planning and Zoning Department, including building and zoning permits, and the City of Dayton, including occupational license fees for contractors working on the property, will be prima facie evidence that the property is not being actively rehabbed.
“CREDITOR.” Any person or any federal or state chartered bank, savings bank, savings and loan association, credit union or any other financial institution or entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers.
“PUBLICLY ADVERTISED.” Property listed for sale or rental by a real estate agent hired by the property owner, placed by the property owner on the MLS Multiple Listing Service, Zillow, or other similar online service, or advertised by the property owner through signage on the property and/or in media publications or online platforms.
“VACANT.” Any real property having no legal resident or tenant. Evidence of vacancy may include any condition that, on its own or combined with other present conditions, would lead a reasonable person to believe that the property is uninhabited. Such conditions may
REAL PROPERTY
include, but are not limited to, overgrown or dead vegetation; accumulation of flyers, mail or trash; rodent infestation; disconnected utilities; the absence of window coverings or furniture; broken and/or boarded up windows and entryways; neglect or lack of general maintenance; and, statements of neighbors, delivery persons or government employees as to the lack of occupancy. The abandonment or voluntary “walk away” by the owner of any property in which any creditor holds a mortgage interest shall be considered as evidence of vacancy.
“VACANT PROPERTY REGISTRATION FORM.” A form that creditors and owners of vacant property subject to the requirements of this chapter must complete and submit as specified herein.
“VACANT, FORECLOSED PROPERTY.” A vacant property upon which a creditor has filed an action in foreclosure in Circuit Court in order to recover monies pursuant to a mortgage which is secured by real property.
(Ord. 2016-7, passed 7-5-16; Am. Ord. 2017-2, passed 3-7-17; Am. Ord. 2021-14, passed 9-7-21)