For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EVIDENCE OF OCCUPANCY. Conditions visible from the exterior of the structure that would lead a reasonable person to conclude that the property is currently occupied by the owners or tenants.
EVIDENCE OF VACANCY. Conditions visible from the exterior of the structure that would lead a reasonable person to conclude that the property is not currently occupied by the owners or tenants. Such conditions shall include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, phone books and/or mail; past due utility notices; accumulation of trash, junk and/or debris; the absence of basic household furnishings and/or personal items consistent with occupied structures; statements and observations by neighbors, utility personnel, delivery agents or other government employees that the property is vacant; failure to comply with the city’s snow removal requirements, or evidence of the property being an attractive nuisance or harborage for rodents, pests or vermin. Disconnected or discontinued public utilities shall be considered undisputable EVIDENCE OF VACANCY.
GENERAL COMMERCIAL ZONE OF THE HISTORIC DISTRICT. The portion of the Historic District that is within the General Commercial (GC) Zone.
NEIGHBORHOOD STANDARD. Conditions that are present on a simple majority of properties within a 500-foot radius of the subject property which indicate a standard that properties should be maintained to in order to preserve neighborhood property values. Vacant and/or nuisance properties shall not be considered in the simple majority calculation.
NUISANCE PROPERTY. An occupied or unoccupied property that is in violation of one or more nuisance ordinances of the city.
OWNER. Any person, trustee, power of attorney, partnership, copartnership, business, association, corporation, fiduciary or any other imaginable entity having a legal or equitable title or claim, or any interest in, the piece of property immediately in question.
RENTAL PROPERTY. One- and two-family dwellings for lease, lent, or rent, to include residences inhabited by non-owner family members. Triplexes, four-plexes and apartment complexes shall be considered commercial RENTAL PROPERTIES.
RESPONSIBLE PARTY. A person, trustee, power of attorney, partnership, copartnership, business, association, corporation, fiduciary or any other imaginable entity, other than the owner, that has taken responsibility for the piece of property immediately in question.
UNOCCUPIED STRUCTURE. A structure left for a period of time unoccupied but fully furnished with intent to reoccupy. Water may be disconnected but utilities such as electric are still intact and functioning, even if at a lower level.
VACANT STRUCTURE. A building or structure that is not currently occupied and shows “evidence of vacancy” as defined herein. Not an unoccupied structure.
VACANT STRUCTURE; FOR SALE BY OWNER. A vacant structure that is for sale by the “owner” as defined herein.
VACANT STRUCTURE; FOR SALE BY REAL ESTATE COMPANY. A vacant structure that shows evidence of vacancy as defined herein and is listed by a real estate broker or company or auction company. An owner’s agent may register that structure as the responsible party.
(Prior Code, § 18-A-03-03)