For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED BUILDING. A vacant residential or commercial building the owner of which cannot be ascertained or is unresponsive to notices or other contact by the city.
COMMERCIAL BUILDING. A structure, building or part of a structure or building designed or intended to be used for the operation of a lawful business engaging in a commercial enterprise. Examples of COMMERCIAL BUILDINGS include, but are not limited to, offices, retail spaces, warehouses and factories.
COMMERCIAL ENTERPRISE. Any business activity relating to or based upon the production, distribution or consumption of goods or services.
EVIDENCE OF VACANCY. Any condition or circumstance that on its own or in combination with other conditions or circumstances would lead a reasonable person to believe that a structure, building or dwelling is vacant. Such conditions or circumstances may include, but are not limited to:
(1) Any unoccupied or empty building or structure on the property;
(2) Lack of active utility service accounts;
(3) Overgrown or dead vegetation, including grass, shrubbery, weeds and other plants;
(4) An accumulation of abandoned personal property, trash or other waste or items that constitute a nuisance.
(5) Visible deterioration or lack of maintenance of any structure, building or dwelling on the property;
(6) Graffiti or other defacement of any structure, building or dwelling on the property; or
(7) Any other condition or circumstance reasonably indicating that the property is unoccupied.
NEGLECTED BUILDING. A structure, building or dwelling wherein one or more of the following have occurred.
(1) Within the last six months, the structure, building or dwelling has been the subject of two or more notices of violation of the building or nuisance provisions of this code or the city’s zoning regulations.
(2) The structure, building or dwelling has sustained fire, wind, water or other damage caused by vandals, nature or acts of God and no visible signs of consistent efforts to repair, rehabilitate, demolish or remove the structure, building or dwelling are evident within 60 days after the damage occurred.
(3) The structure, building or dwelling has been declared a public nuisance or an unsafe structure.
OWNER. The person or persons shown to be the owner or owners of record on the records of the Register of Deeds.
PROPERTY. Either a residential building or a commercial building located within the corporate limits of the city but does not include the property owned by the federal government, the state or any political subdivision thereof.
RESIDENTIAL BUILDING. A dwelling, house, condominium, townhouse, mobile home or an apartment unit or building.
UNOCCUPIED. The property, structure, building or dwelling is not being used for a legal use or occupancy.
VACANT. That a residential or commercial building exhibits evidence of vacancy. A property is VACANT if any condition or circumstance that on its own, or in combination with other conditions or circumstances, would lead a reasonable person to believe that the property is VACANT.
(Ord. 970, passed 10-4-2022)