1507.02 DEFINITIONS.

   For the purposes of this Chapter, the following definitions shall apply to the following terms unless otherwise expressly stated:

   (a)   AUTHORIZED AGENT. A person that resides within Butler County, Ohio or a contiguous county who shall be authorized in writing by the Owner or person in control of a vacant residential, commercial, or industrial building to be responsible for the security and maintenance of the building and property, who shall have access to 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 to make immediate repairs.

   (b)   CHIEF BUILDING OFFICIAL. The Chief Building Official for the City of Hamilton or his or her designee.

   (c)   CODE OFFICIAL. The official who is charged with the administration and enforcement of the City of Hamilton Property Maintenance Code, or his/her duly authorized representative.

   (d)   COMMERCIAL OR INDUSTRIAL BUILDING. The land and improvements to land which are owned or occupied for general commercial and income producing purposes and where production of income is a fact or to be considered in arriving at true value. This definition includes, but is not limited to, the following uses, whether or not the property is legally zoned for such uses: apartment houses with four plus (4+) units; hotels; motels; theaters; office buildings; retail and wholesale stores; bank buildings; commercial garages; commercial parking lots; shopping centers; private or public manufacturing businesses; warehouses; buildings used for other commercial and industrial purposes; buildings that contain both a commercial building and residential building use within the same facility, also known as a mixed-use building, and any other structure of any kind or nature on the lot.

   (e)   EVIDENCE OF VACANCY. Any condition that on its own or combined with other existing conditions would lead 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 or dead vegetation; accumulation of newspapers, circulars, flyers or mail; accumulation of trash, junk or debris; broken or boarded up windows; abandoned or inoperable vehicles; the absence of furnishings or other personal items consistent with habitation or occupation; statement(s) by neighboring property owners, delivery persons, U.S. Postal service employees or government employee(s) that the building is vacant.

   (f)   FIRE CHIEF. The Fire Chief of the City of Hamilton or his or her designee.

   (g)   FIRE CODE. Part 15 of the City of Hamilton’s Codified Ordinances.

   (h)   FIRE DEPARTMENT. The City of Hamilton Division of Fire.

   (i)   KEY BOX. A secure device with a lock operable only by a fire department master key, and containing building entry keys and other keys that may be required for access in an emergency.

   (j)   OWNER. Any person, partnership, corporation or other unincorporated association or entity who, alone or jointly and severally with others, holds legal or equitable title to a property. This definition includes executors, administrators, trustees or guardians of the estate of the Owner. Any individual owner, regardless of whether he or she shares operational responsibility with any other person, any general partner of a partnership and any officer of a corporation or unincorporated association, shall have the direct and personal responsibility and liability for compliance with the provisions of this Chapter.

   (k)   PERSON. An individual, partnership, association, syndicate, company, firm, trust, corporation, Government Corporation, department, bureau, agency or other entity recognized by law.

   (l)   PERSON IN CONTROL. The Owner of the property; a mortgagee or vendee in possession; a receiver; an executor; a trustee; and any person, public or private entity, lessee or holder of a lesser estate in the property, and/or its duly authorized agent(s), with the authority to bring the property into compliance with the provisions of this Chapter. This definition includes, but is not limited to, any mortgagee that has filed an action in foreclosure on the property based on breach of, or default under, a mortgage agreement, until title to the property is transferred to a third party.

   (m)   RESIDENTIAL BUILDING. The structure and surrounding land consisting of one (1) to four (4) dwelling units used or occupied, or intended to be used or occupied, for residential purposes.

   (n)   VACANT PROPERTY. Any residential, commercial, or industrial building that is not occupied by its Owner or other Person in Control; or at which substantially all lawful residential, manufacturing, industrial, or commercial business operations and/or occupancy has ceased; or which is substantially devoid of content. This definition includes all principal residential, manufacturing, industrial, residential or commercial buildings on the property; any other structure of any kind or nature on the property; and the entire parcel of land surrounding such buildings and structures, including, but not limited to, fences, walkways, walls and appurtenances.

      A structure is deemed a Vacant Property if it is:

      (1)   Unoccupied and unsecured;

      (2)   Unoccupied and secured by other than normal means, as determined by the Fire Chief, Code Official or Chief Building Official;

      (3)   An unoccupied commercial or industrial unit within a building, that if occupied would obtain its own certificate of occupancy permit; or

      (4)   Unoccupied and determined to be unsafe as determined by the Fire Chief, Code Official or Chief Building Official;

      (5)   Unoccupied and does not presently receive utilities;

      (6)   Unoccupied and has outstanding property maintenance violations;

      (7)   Illegally occupied due to loitering and vagrancy, and there is no legal occupation of the property;

      (8)   Unoccupied for a period of time exceeding ninety (90) days and has an existing code violation issued by the Department of External Services;

      (9)   Unoccupied, the Owner is known to be deceased and there is no current Owner or Person in Control of the property;

      (10)   Unoccupied and abandoned by the Owner;

      (11)   Occupied and not used for a lawful residential, commercial, or industrial use for more than 180 days.

         (Ord. 2021-4-24. Passed 4-14-21.)