Unless otherwise expressly stated, the following terms shall, for purposes of this chapter, have the meanings indicated herein.
(a) "Abandoned" means a structure that is unoccupied as the result of the relinquishment of possession or control by an owner or other person with the right of possession or control of the structure, a mortgagor or the mortgagor's assigns whether or not the mortgagor or mortgagor's assigns have relinquished equity and title. A structure may be deemed abandoned when there is evidence of conditions, taken separately or as a whole, that would lead a reasonable person to conclude that the property was abandoned, including, but not limited to, evidence of overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, mail, past due utility notices, or other means of notice by publication, the accumulation of junk, litter, trash, or debris, absence of windows or window treatments, absence of furnishings and personal items, statements of neighbors, delivery agents or similarly situated persons that the property is abandoned.
(b) "Inspector" means a person employed by or under contract to the City of Portsmouth to perform inspections, to determine compliance with codes and to order corrective measures and/or initiate administrative, civil or criminal proceedings.
(c) "Vacant" means a structure that is not lawfully occupied or that otherwise qualifies as "abandoned" under this chapter. Multi- family residential structures shall be considered vacant when more than one-half of the units and more than one-half of the available space are not currently lawfully occupied by a tenant or tenants or that otherwise qualifies as "abandoned" under this chapter. Commercial structures shall be considered vacant when all commercial activity has ceased at the site or that otherwise qualifies as "abandoned" herein. Multi-tenant commercial structures shall be considered vacant when substantially all of the units are not lawfully occupied or engaged in commercial activity, or that otherwise qualifies as "abandoned" herein. Industrial structures shall be considered abandoned when all industrial manufacturing activity has ceased at the site or that otherwise qualifies as "abandoned" as herein defined. Multi-tenant industrial structures shall be considered vacant when substantially all of the units are not lawfully occupied or engaged in industrial or manufacturing activity, or that otherwise qualifies as "abandoned" herein. In determining whether a structure is vacant, it is also relevant to consider, among other factors, the percentage of the overall square footage of
the building or floor not in use to the occupied space; the condition and value of any items in the structure and the presence of rental or for sale signs on the property. A property that is temporarily unoccupied and is in the process of being renovated under proper and unexpired permit shall not be considered vacant. Further, a property that is listed for sale with a licensed relator under a fully executed listing agreement shall not be considered vacant for the first six months of the listing agreement under which the property was first listed for sale. Such property shall be considered vacant for purposes of this chapter upon the expiration of the first six-month period for which it is first listed for sale or upon a subsequent re-listing with the same or a different licensed relator. Unoccupied property listed as "for sale by owner" shall be considered vacant for purposes of this chapter.
(d) "Owner" means the registered owner of a property, any person that holds legal or equitable title to the property, is a mortgagee, a vendee-in-possession, assignee of rents, executor, trustee, lessee, agent or any other person, firm or corporation that is directly or indirectly in control of a property. The owner of a property in default or for which a foreclosure action is pending or for which a judgment in foreclosure has been issued shall include the mortgagee, the successor and interest to the mortgagee, the lender or servicing agent and any agent acting for the mortgagee, its successors, or a lender or servicing company. Under this definition, there may be more than one "owner" of a property for purposes of this chapter.
(e) "Secure" means a covering shall be placed over all doors and windows which are within fifteen feet of the exterior grade, consisting of one-half inch thick plywood attached to the framing of all such doors and windows by 'wood screws of a minimum length of one and half inches, placed twelve inches on center. Such plywood shall be painted with a minimum of two coats of oil-based exterior paint. In order to be considered secure, a property must also be in compliance with all requirements of the Codified Ordinances of the City of Portsmouth and the City Building Code. (Ord. 2021-55. Passed 8-23-21.)