Unless otherwise expressly stated, the following terms shall for the purpose of this chapter, have the following meanings:
(a) "Authorized Agent" means a person that resides within Columbiana County, Ohio who shall be authorized in writing by the owner or person in control of the vacant commercial or industrial building to be responsible for the security and maintenance of the building and property and who shall be available at all times during business and non-business hours in the case that an emergency occurs requiring immediate response and/or requiring immediate repairs.
(b) "Commercial or Industrial Building" means any structure, or part thereof, that is used, or designated to be used for any private or public manufacturing, industrial, or commercial business purpose whether or not zoned for such use.
(c) "Evidence of Vacancy" means any condition that on its own or combined with other conditions leads a reasonable person to believe the building is vacant. Such conditions include, but are not limited to, no or 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, automobile 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 neighboring property owners, delivery persons, U.S. Postal Service employees and/or government employee(s) that the building is vacant.
(d) "Fire Chief" means the Fire Chief of the City of East Liverpool or his/her designee.
(e) "Fire Code" means Part Fifteen of the City of East Liverpool's Codified Ordinances.
(f) "Fire Department" means the Fire Department of the City of East Liverpool.
(g) "Key Box" means a secure device with a lock operable only by a Fire Department master key, containing building entry keys and other keys that may be required for access in an emergency.
(h) "Owner" means any person who, alone or jointly and severally with others, shall have the legal or equitable title to a property, and shall include executors, administrators, trustees, or guardians of the estate owner, and any purchaser or assignee under a certificate of sale pursuant to a mortgage foreclosure as evidenced by the signature of the judge upon a confirmation of sale, whether or not the deed has been filed with the Columbiana County Recorder's Office. The term "owner" shall also include partnerships, corporations, unincorporated associations and legal entities.
(i) "Person" means an individual, partnership, association, syndicate, company, firm, trust, corporation, Government Corporation, department, bureau, agency, or any legal entity recognized by law.
(j) "Person in Control" means the owner of the property, a mortgagee or vendee in possession, a receiver, and executor, a trustee, and any person, public or private entity, lessee or holder of a lessor estate in the property, and/or its duly authorized agent(s), with the authority to bring a building or property into compliance within the provisions of this Chapter, including but not limited to any mortgagee that has filed an action in foreclosure on the particular property at issue based on breach or default of a mortgage agreement until the sale of the property is confirmed by the Court.
(k) "Property" means the vacant commercial or industrial building(s) and other structures of any kind or nature located on the property also including, but not limited to, fences, walkways, walls, and appurtenances.
(l) "Secured" means a building which has all points of entry into the structure:
(1) Closed by use of windows and doors which are in proper working order, intact, without holes, broken elements and are locked; or
(2) Secured by exterior grade plywood in compliance with this chapter.
(m) "Vacant Commercial or Industrial Building" means a commercial or industrial building that is not occupied by its owner, lessee, or other person in lawful possession or at which substantially all lawful manufacturing, industrial or commercial business operations and/or occupancy has ceased or which is substantially devoid of content. (Ord. 67, 2016. Passed 10-3-16.)