For the purpose of this chapter, 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.
CONTINUAL. Is meant to be without more than one 30-day interruption in any given 360-day period. In order for such continual utility service to be considered as being actually in use as described in this subchapter, 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 continual utility service has the burden to produce actual bills evidencing utility service for the relevant period.
EXTERIOR MAINTENANCE AND MAJOR SYSTEMS. The safe and lawful maintenance of the facade, windows, doors, roof and other parts of the exterior of the building and the 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 Building Maintenance Board, particularly in connection with codes adopted by the town 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; proof of continual telephone, electric, gas, heating, water and sewer services; a valid business license, or the most recent, federal, 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 section 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, 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 below.
VACANT. A building or structure shall be deemed to be VACANT if no person or persons actually, currently, conduct a lawfully licensed business, or lawfully reside, dwell or live 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. 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 or health and sanitation codes and if there is not proof of continual utility service evidencing actual use of electric, gas (i.e., applicable heating sources), water service and the like.
(Prior Code, § 4-1103) (Ord. passed 8-3-2020)