§ 150.234 APPLICABILITY.
   (A)   The requirements of this section shall be applicable to each owner of any building that is found to be vacant as defined herein.
   (B)   (1)   When the building inspector has reason to believe that a structure is a vacant structure and that the owner has failed to register in compliance with this subchapter, the building inspector may post a notice on the subject structure indicating that the building inspector has reason to believe that the building is a vacant structure and directing the owner to either:
         (a)   Register the structure in accordance with the provisions of this subchapter; or
         (b)   Provide the building inspector with evidence demonstrating that building is not a vacant structure as defined by this subchapter.
      (2)   In addition to posting the aforementioned notice on the suspected vacant structure itself, the building inspector shall, via registered mail or via regular mail if registered mail is unsuccessful, send a copy of the same notice to the record owner of the property according the tax or other public records maintained by the Assessor or Sheriff of the county. If, within 30 days of posting and mailing, the owner has neither registered the property in the vacant property registration created by this subchapter nor demonstrated to the satisfaction of the building inspector that the property is not a vacant structure, then the building inspector shall add the structure to the vacant property registry using the information of record in the office of the Assessor or Sheriff of the county.
   (C)   The following are exempt from the requirements of this subchapter:
      (1)   Any building owned by town, state or federal government, or any of their respective agencies or political subdivisions;
      (2)   A new building under construction or property that is undergoing, in the reasonable discretion of the building inspector, an active renovation or rehabilitation;
      (3)   Any property being actively marketed; provided, however, this exemption shall only be available for up to six months for each structure otherwise meeting the vacant structure designation, unless owner provides justification satisfactory to the Building Commissioner supporting an extension of the exemption beyond six months; and
      (4)   Any property regularly used by the owner as a vacation property or second home; provided however that the exterior maintenance and major systems of the building and the surrounding real property thereof are in compliance with the building codes or health and sanitation codes and there is proof of continual utility service evidencing actual use of electric, gas (i.e., applicable heating sources), water service and the like. For purposes of this division (C)(4), REGULAR USE is use of the property for a minimum of ten days in each calendar year. For purposes of this section, CONTINUAL is meant to be without more than one 30-day interruption in any given 360-day period.
(Prior Code, § 4-1105) (Ord. passed 8-3-2020)