The following words, terms, and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Absent a definition, plain language shall apply.
(A) VACANT OR ABANDONED COMMERCIAL STRUCTURE. Means and includes:
(1) Any single tenant building located in a commercially zoned district which has been unoccupied for a period of 90 consecutive days or which satisfies one of the supplementary conditions defined in division (H), below; or
(2) Any multi-tenant building located in a commercially zoned district which is more than 50% unoccupied for a period of 90 consecutive days or which satisfies one of the supplementary conditions defined in division (H), below.
(B) VACANT OR ABANDONED INDUSTRIAL STRUCTURE. Means and includes:
(1) Any single tenant building located in an industrially zoned district which has been unoccupied for a period of 90 consecutive days or which satisfies one of the supplementary conditions defined in division (G), below; or
(2) Any multi-tenant building located in an industrially zoned district which is more than 50% unoccupied for a period of 90 consecutive days or which satisfies one of the supplementary conditions defined in division (G), below.
(C) VACANT OR ABANDONED STRUCTURE. Means and includes commercial or industrial structure as defined herein.
(D) ACCESSORY BUILDING. A subordinate structure on the same premises as the main structure, the use of which would be naturally and normally incidental to that of the main structure, whether the main structure is a vacant or abandoned structure or not, such as, but not limited to, a garage, barn, or storage shed.
(E) OWNER. Any person with legal or equitable ownership interest in the property.
(F) SECURED. A building which has all points of entry into the structure either:
(1) Closed by use of windows and doors which are in proper working order, intact, without holes, broken elements, and are locked; or
(2) Secured by exterior grade plywood in compliance with this subchapter.
(G) UNOCCUPIED. Without occupants, void of zoning use; vacant or abandoned.
(H) SUPPLEMENTARY CONDITIONS. Shall mean and include the following:
(1) Is open to casual entry or trespass;
(2) Is damaged by fire, flood, weather, or vandalism;
(3) Is the site of loitering or vagrancy;
(4) Demonstrates a lack of proper Maintenance Code, Fire Prevention Code, Heating Code, Building Code, or State Construction Code;
(5) Is under notice for being in violation of a city ordinance;
(6) Has been secured or boarded up for at least 90 days;
(7) Has taxes in arrears to the city for more than 365 days;
(8) Has utilities disconnected or not in use;
(9) Is under condemnation notice or legal order to vacate;
(10) Is structurally unsound;
(11) Is a potential hazard or danger to persons; or
(12) The use of the building is inconsistent with zoning ordinance.
(Ord. 22-002, passed 7-21-2022)