(a) ABANDONED STRUCTURE: A structure that is unoccupied as the result of the relinquishment of possession or control by an owner or other person with the right of possession or control of the structure, a mortgagor or the mortgagor’s assigns whether or not the mortgagor or mortgagor’s assigns have relinquished equity and title. A structure may be deemed abandoned when there is evidence of conditions, taken separately or as a whole, that would lead a reasonable person to conclude that the property was abandoned, including, but not limited to, evidence of overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, mail, past due utility notices, or other means of notice by publication, the accumulation of junk, litter, trash, or debris, absence of windows or window treatments, absence of furnishings and personal items, statements of neighbors, delivery agents or similarly situated persons that the property is abandoned.
(b) VACANT STRUCTURE: A structure that is not lawfully occupied or that otherwise qualifies as “abandoned” under this section. Multi-family residential structures shall be considered vacant when substantially all of the dwelling units are not lawfully occupied or that otherwise qualifies as “abandoned” under this section. Commercial structures shall be considered vacant when all commercial activity has ceased at the site or that otherwise qualifies as “abandoned” under this section. Multi-tenant commercial structures shall be considered vacant when substantially all of the units are not lawfully occupied or engaging in commercial activity, or that otherwise qualifies as “abandoned” under this section. Industrial structuresshall be considered abandoned when all industrial or manufacturing activity has ceased at the site or that otherwise qualifies as “abandoned” under this section, multi-tenant industrial structures shall be considered vacant when substantially all of the units are not lawfully occupied or engaging in industrial or manufacturing activity, or that otherwise qualifies as “abandoned” under this section.
In determining whether a structure is vacant, it is also relevant to consider, among other factors, the percentage of the overall square footage of the building or floor not in use to the occupied space; the condition and value of any items in the structure and the presence of rental or for sale signs on the property.
A property that is temporarily unoccupied and is in the process of being renovated under proper and unexpired permits shall not be considered vacant. A property that is listed for sale with a licensed realtor under a fully executed listing agreement shall not be considered vacant for the first six (6) months of the listing agreement under which the property was first listed for sale. Such property shall be considered vacant for purposes of this section upon the expiration of the first six (6) month period for which it is first listed for sale or upon a subsequent re-listing with the same or a different licensed realtor. Unoccupied property listed as “
(Ord. 4041. Passed 10-13-21.)