Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) “Secured by other than normal means.” A building secured by means other than those used in the design of the building.
(b) “Unoccupied.” A building which is not being used for the occupancy authorized by the owner.
(c) “Unsecured.” A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(d) “Vacant building.” A building (excluding government owned buildings) which 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 the Housing Department; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and has housing or building code violations; or
(6) Illegally occupied which shall include loitering and vagrancy; or
(7) Unoccupied for a period of time over 90 days and having an existing code violation issued by a Code Official; or
(8) Unoccupied with a mortgage status of abandonment (i.e., deceased or foreclosed); or
(9) Unoccupied and abandoned by the property owner.
(e) “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: utilities shut off 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, 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.
(f) “Owner.” Any and every person, entity, bank, or service company, who alone or severally with others:
(1) Has legal or equitable title to any dwelling, dwelling unit, building, structure, or parcel of land; or
(2) Has care, charge or control of any dwelling, dwelling unit, building, structure, or parcel of land, in any capacity, including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or
(3) Is a mortgagee in possession of any such property; or
(4) Is an agent, trustee, receiver, or other person appointed by the courts and vested with possession or control of any such property.
(Ord. 15-2012. Passed 2-6-12; Ord. 26-2022. Passed 3-7-22.)