Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) “Evidence of vacancy” means 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.
(b) “Secured by other than normal” means a structure secured by means other than those used in the design of the structure.
(c) “Unoccupied” means structure that is not being used for the occupancy authorized by the owner.
(d) “Unsecured” means a structure or portion of a structure that is open to entry by unauthorized persons without the use of tools or ladders.
(e) “Vacant structure” means a structure (excluding government-owned structures) which is:
(1) Unoccupied and unsecured; or
(2) Unoccupied and secured by other than normal means; or
(3) Unoccupied and an unsafe structure as determined by the Mayor or his designee; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and has housing or structure code violations; or
(6) Illegally occupied, which shall include loitering and vagrancy; or
(7) Unoccupied for a period of time over ninety days and having an existing code violation issued by the Mayor or his designee; or
(8) Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
(9) Unoccupied and abandoned by the property owner; or
(10) A building which is not occupied by its owner, lessee or other person in lawful possession, and at which substantially all lawful business operations or substantially all residential occupancy has ceased, or which is substantially devoid of content; or
(11) A building in which the owner, lessee or other person in lawful possession, who does not occupy the structure daily, or for a period of less than three out of every twelve months, who is considered an “absentee owner”, meaning they visit and occasionally stay in the structure but have a full-time residency at a location other than the structure in question.
(Ord. 2018-17. Passed 9-13-18; Ord. 2022-11. Passed 12-8-22.)