Sec. 26-20. Definitions.

   In this Article, the following terms have the meanings indicated:

   Department means the Department of Housing and Community Affairs.

   Director means the Director of the Department or the Director’s designee.

   Fit for occupancy means ready for immediate occupancy as a residence.

   Occupied means the use of one’s dwelling as a residence on a regular basis.

   Public nuisance has the same meaning as in Section 26-2.

   Vacant dwelling means residential real property improved by a dwelling which is not occupied. A vacant dwelling includes a unit in a condominium. A dwelling is only a vacant dwelling if the Director determines that there is no resident for which an intent to return and occupy the dwelling can be shown. To determine whether a dwelling is vacant the Director must consider:

      (1)   past due utility notices and/or disconnected utilities;

      (2)   accumulated mail;

      (3)   no window covering;

      (4)   no furniture observable;

      (5)   open accessibility;

      (6)   deferred maintenance; and

      (7)   the dwelling is boarded up.

   Unmaintained vacant dwelling means a vacant dwelling not maintained as required by Chapter 26, Article 1. (2017 L.M.C., ch. 11, §1.)

   Editor’s note—Former § 26-20, “Penalty for violations of chapter; injunctive, etc., relief,” was repealed, reenacted with amendments, renumbered § 26-16, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.