For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARDED. A building or structure subject to the provision of this subchapter shall be deemed to be BOARDED if in place of one or more exterior doors, other than a storm door, or of one or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window.
EXTERIOR MAINTENANCE AND MAJOR SYSTEMS. The safe and lawful maintenance of the facade, window, doors, roof and other parts of the exterior of the building and maintenance of its major systems consisting of the roof, the electrical and plumbing systems, the water supply system, the sewer system and the sidewalk, driveway, if any, area of the lot, as applicable and as enforced by the City Police Department and/or the Enforcement Committee (created in §§ 150.55 through 150.67), particularly in connection with the ordinances as adopted by the city as well as all applicable local, state and federal laws.
OCCUPIED. Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, non-transient basis, or any combination of the same. For purposes of this subchapter, evidence offered to prove that a building is so OCCUPIED may include, but shall not be limited to: the regular receipt of delivery of regular mail through the U. S. Postal Service; a valid city business license, or the most recent federal or state income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of bona fide pre-rental inspection.
OPEN. A building or structure subject to the provisions of this subchapter shall be deemed to be OPEN if any one or more exterior doors other than a storm door is broken, open and/or closed, but, without a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same.
OWNER. An owner of the freehold of the premises or any lesser estate therein, a mortgagee, a vendee-in-possession, assignee of rents, receiver, executor/administrator, trustee, lessee, agent or any other person, firm or corporation that is directly or indirectly in control of a building subject to the provisions of this subchapter, and as set forth in this subchapter.
VACANT.
(1) A building or structure shall be deemed to be VACANT if no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides, dwells or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent, non-transient basis.
(2) A building or structure shall be deemed VACANT and subject to the registration and possible penalty provisions provided herein if the exterior maintenance and major systems of the building and the surrounding real property thereof, as defined in this section, are in violation of the Building Codes, city ordinances or health and sanitation or safety of the citizens of the city, and if there is not proof of continual utility service evidencing actual use of electric, gas, water/sewer service and the like. CONTINUED is meant to be without more than one 30-day interruption in any given 365-day period. In order for such continual utility service to be considered as being actually in use as described in this section, it must be more than merely registered to the owner for purposes of billing and must be utilized, at a minimum, in order to keep the property and the major systems of the building in compliance with Building and Safety Codes. The person or entity asserting that there has been continued utility service has the burden to produce actual bills evidencing utility service for the relevant period.
(Ord. passed 10-10-2017)