No person, corporation, or other entity shall allow a building designed for human use or occupancy to stand vacant for more than 90 days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the Neighborhood Preservation Manager or his/her designee that one or more of the following applies:
(A) The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation;
(B) The building meets all applicable codes, is actively maintained, and is ready for occupancy, and is actively being offered for sale, lease or rent;
(C) The building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:
(1) Maintenance of landscaping and plant materials in good condition;
(2) Maintenance of the exterior of the building including, but not limited to, paint, finishes, windows, doors, and signage in good condition and in compliance with this code;
(3) All signage shall be maintained in compliance with Chapter 10-6 of this code;
(4) Regular removal of all exterior trash, debris and graffiti;
(5) Maintenance of the building in continuing compliance with all applicable codes and regulations;
(6) Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity;
(7) Securing the property in a manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage) gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows, securing includes the replacement of the broken window. Alternatively, structures on the property may be boarded as set forth in § 9-12.04.
(Ord. 877 C.S., passed 9-15-10)