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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED AGENT. A person that resides within Highland County, Ohio who shall be authorized in writing by the owner or person in control of a vacant 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.
COMMERCIAL OR INDUSTRIAL BUILDING. 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.
EVIDENCE OF VACANCY. Any condition that on its own or combined with other conditions present 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 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 governmental employee(s) that the building is vacant.
FIRE CODE. Sections 91.01 through 91.12 of the city’s codified ordinances.
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.
OWNER. Any person who, alone, or jointly or severally with others, shall have the legal or equitable title to a property, and shall include executors, administrators, trustees, or guardians of the estate of the 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 the confirmation of sale, whether or not the deed has been titled with the County Recorder’s Office. The term OWNER shall also include partnerships, corporations, and other unincorporated associations. Any individual owner, regardless of whether he or she shares ownership responsibility with any other person, any general partner of a partnership, and any officer of a corporation or unincorporated association, shall have direct and personal responsibility and liability for compliance with the provisions of this chapter.
PERSON. An individual, partnership, association, syndicate, company, firm, trust, corporation, governmental corporation, department, bureau, agency, or any entity recognized by law.
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 a building or property into compliance with the provisions of this chapter, including, but not limited to, any mortgagee that has titled an action in foreclosure on the particular property at issue, based on breach or default of a mortgage agreement, until title to the property is transferred to a third party.
PROPERTY. Not only the vacant commercial or industrial building and any other structures of any kind or nature located on the lot, but also the entire parcel of land surrounding the vacant commercial or industrial building, including, but not limited to, fences, walkways, walls, and appurtenances.
SAFETY AND SERVICE DIRECTOR. The Safety and Service Director of the City of Hillsboro or his or her designee.
VACANT COMMERCIAL OR INDUSTRIAL BUILDING. 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.
(1982 Code, § 165.02) (Ord. 2013-10, passed 2-10-2014; Ord. 2017-04, passed 8-14-2017)