For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTIVELY MARKETED. Doing those things and performing those activities necessary to sell a structure, and includes using the services of a realtor licensed in West Virginia with the services being provided under contract signed by both the realtor and the seller, with the sales price being established to facilitate the sale of the property.
CITY. The City of Nitro, West Virginia.
NOTICE ADDRESS. The address of the property maintained by the Assessor of Kanawha County or the Assessor of Putnam County for the purpose of assessing ad valorem taxes assessed against the property.
OCCUPIED or OCCUPYING. The present use of a structure for its intended purpose by persons or for a commercial activity on a consistent basis over time; provided, that the structure shall cease to be OCCUPIED if the qualified use ceases for more than 180 consecutive days. The terms OCCUPIED or OCCUPYING do not include use by unauthorized persons, trespassers or for an illegal activity, unless such use is in conjunction with a legal activity.
OWNER. The person assessed for ad valorem taxes as the owner of the property.
PERSON. A natural person or a firm, trust, corporation, association, partnership, limited liability company, limited partnership, public entity, joint venture or any other kind of entity or enterprise, whether or not incorporated or certificated with any public body, of any kind or character.
PROPERTY. Any parcel of real property or any right or interest in real property upon which a structure is located and that is identifiable of record with the County Clerk of Kanawha County or the County Clerk of Putnam County, depending upon the county in which the property is situated.
STRUCTURE. Any physical facility that is or was intended to be to be occupied as a personal residence or for a legal commercial activity.
VACANT STRUCTURE. A structure that is not occupied as defined in this section. VACANT STRUCTURE shall not include those structures that are currently under construction, being renovated or being actively marketed, or is otherwise exempt from registration in accordance with § 154.190.
VACANT STRUCTURE REGISTRATION FEE. The fee imposed under the authority of this subchapter, and includes any fee imposed as a penalty for failure to register a vacant structure.
(Ord. 13-2, passed 4-16-2013)