1343.02 DEFINITIONS.
Unless otherwise expressly stated, the following terms shall for the purpose of this chapter, have the meanings indicated in this section:
(a) "City Building Code" means Part Thirteen of the Codified Ordinances of the City of Dover.
(b) "Days" means consecutive calendar days.
(c) "Evidence of vacancy" means 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 neighbors, delivery agents, or governmental agency employee(s) that the property is vacant.
(d) "Government agency" means any public entity having authority over property or residents of the City, including but not limited to the City of Dover Building Department, the East Central Ohio Building Authority, the Tuscarawas County Health Department, the Dover Police Department, the Dover Fire Department, or the Tuscarawas County Sheriff's Office.
(e) "Commercial and/or Industrial" means any structure, or part thereof, that is used, or designed to be used for any private or public manufacturing, industrial, or commercial business purposes whether or not legally zoned for such use. There is a rebuttable presumption that a structure located on a parcel of real property classified by the Tuscarawas County Auditor according to its principal use as "commercial" or "industrial" pursuant to Ohio R.C. 5713.041 and O.A.C. 5703-25-10 is non-residential property.
(f) "Owner" means any person, in whose name the property is titled, and any person, agent, servicing company, firm, third party, financial institution or bank that has an interest in the property as a result of an assignment, sale, mortgage, transfer of a mortgage, or similar instrument or having an agreement with any one of the above for the purpose of securing and/or managing the property.
(g) "Secured by other than normal means" means a structure secured by means other than those used in the design of the building.
(h) "Unoccupied" means a building that is not being used for occupancy authorized by the owner. The term "unoccupied" shall only be applicable to multi-unit structures when more than half (1/2) of the units or more than half (1/2) of the available space are not currently occupied by a tenant or tenants. The term "unoccupied" shall apply to structures being used for storage purposes that are not designated a warehousing facility with a document of title.
(i) "Unsecured" means a building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(j) "Utilities" means water, sanitation, natural or propane gas, and electricity services.
(k) "Vacant" means residential, commercial or industrial building (excluding government-owned buildings) that is:
(1) Unoccupied and unsecured; or
(2) Unoccupied and secured by other than normal means; or
(3) Unoccupied and an unsafe building as determined by any government agency; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and having an existing violation of the City Building Code; or
(6) Illegally occupied, other than during a pending dispute between landlord and tenant, but including loitering and vagrancy; or
(7) Unoccupied for a period of time over sixty (60) days and having an existing violation of any provision of the Dover Codified Ordinances, the Ohio Revised Code, or the Ohio Administrative Code issued by any Government Agency; or
(8) Unoccupied for a period of time over ninety (90) days; or
(9) Unoccupied and abandoned by the property owner.
(Ord. 71-22. Passed 12-19-22.)