Unless otherwise expressly stated, the following terms shall for the purpose of this chapter, have the meanings indicated in this section.
(a) “Owner.” Any person, in whose name the property is titled, and any person, agent, servicing company, firm, third party, financial institution or bank that has an interest in the property as a result of an assignment, sale, mortgage, transfer of a mortgage, or similar instrument or having an agreement with any one of the above for the purpose of securing and/or managing the property.
(b) “Secured by other than normal means.” A building secured by means other than those used in the design of the building.
(c) “Unoccupied.” A building which is not being used for the occupancy authorized by the owner.
(d) “Unsecured.” A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(e) “Vacant building.” A building (excluding government-owned buildings) which is:
(1) Unoccupied and unsecured; or
(2) Unoccupied and secured by other than normal means; or
(3) Unoccupied and an unsafe building as determined by the Community Development Department; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and has housing or building code violations; or
(6) Illegally occupied, which shall include loitering and vagrancy; or
(7) Unoccupied for a period of time over 90 days and having an existing code violation issued by a Property Maintenance Officer; or
(8) Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
(9) Unoccupied and abandoned by the property owner.
(f) “Evidence of vacancy.” Any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to: significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by governmental employee(s) that the property is vacant.
(Ord. 11-11. Passed 2-22-11; Ord. 6-12. Passed 3-5-12; Ord. 15-17. Passed 6-19-17.)