For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. Means a parcel of real property that is vacant or unoccupied in any manner for a period of more than 180 days and is under a current notice of default or notice of trustee's sale, or has been the subject of a foreclosure sale where the title was retained by the beneficiary involved in the foreclosure, or has been transferred under a deed in lieu of foreclosure. Property will be presumed abandoned when mortgage or tax foreclosure proceedings have been initiated for that property, no mortgage or tax payments have been made by the property owner for at least 180 days, and the property has been vacant for at least 180 days. A dwelling may not be considered abandoned if all appropriate permits are issued, in force, and construction is ongoing.
BUILDING. Any structure occupied or intended for supporting or sheltering any occupancy.
CODE ENFORCEMENT OFFICER. Referred to throughout this chapter as Officer, means the designated Code Enforcement Official of the City of Raton or authorized designate that may include (but not be limited to) any law enforcement officer, building official, zoning official, fire inspector or building inspector, or other person authorized by the city to enforce the applicable code(s).
CONSTRUCTION ACTIVITY. Construction activity conducted pursuant to a valid building permit.
EVIDENCE OF VACANCY. In determining whether a building or structure is "vacant," the city may consider the factors listed herein, among others. A building or structure may be deemed vacant if:
(1) It is unoccupied and uninhabited; is occupied or inhabited in violation of any provision of the City Code or the applicable Building Code; is subject to a declaration of condemnation; or is occupied only by trespassers or transients seeking a temporary hiding place or shelter;
(2) It is a building or structure at which lawful business, construction operation or residential occupancy is at a level of at least 95% vacant;
(3) It is unsafe, unsanitary, a fire hazard or otherwise constitutes a danger to the public health, safety or welfare in violation of the applicable Building Code, applicable Housing Code, Fire Code or other applicable code;
(4) It lacks active utilities service;
(5) It has been abandoned by the owner;
(6) It is under a condemnation notice or order to vacate;
(7) It does not receive mail service;
(8) It is not in compliance with the housing, electrical, mechanical, plumbing, or building codes;
(9) There appears to have no lawful occupant;
(10) It has one or more broken or boarded windows;
(12) It is open to casual entry or trespass;
(13) It does not appear to be furnished;
(14) It is deteriorating due to a lack of maintenance or neglect;
(15) It has taxes in arrears for more than one year;
(16) It is a potential hazard or danger to the safety of persons;
(17) It is structurally unsound;
(18) It does not economically perform as a commercial structure would in generating income for the business/property owner and gross receipts tax (GRT) for the local government;
(19) It is utilized solely for personal or private storage of vehicles, equipment, machinery, supplies, parts or miscellaneous without an active residential, commercial or industrial purpose;
(20) The lawful activity that the building or structure was designed and built for or intended to be used for has ceased for a period of 180 days; or
(21) Or any other condition or circumstance observed by the Code Enforcement Officer that causes the Officer to reasonably believe the building is not lawfully occupied.
JURISDICTION. The City of Raton.
MANAGER. Means the City Manager of the City of Raton or authorized designate thereof.
OWNER.
(1) Any person, partnership, association, corporation, operator, firm, legal representative, agent or entity having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(2) The owner shall include, but not be limited to, a trustee, mortgagee or financial institution which is in possession (in whole or in part) of the real property, is a beneficiary under a trust deed, is identified as having or claiming a lien interest, or that is foreclosing a lien or mortgage interest in the property but mayor may not have legal or equitable title.
STORAGE BUILDING. Means building, structure or complex that is specifically designed and intended for storage and is actively operated as a commercial storage enterprise.
VACANT BUILDING. Vacant building means any structure or building that is unoccupied by a person or occupied by unauthorized persons for 180 days.
(1) VACANT BUILDING does not include permitted warehouses; permitted storage structures;
or structures being newly constructed or under substantial rehabilitation within the terms of their building and zoning permits for a period of one year from the later of the date of issuance of the building permit or the date of the issuance of the zoning permit.
(2) VACANT BUILDING includes each individual vacant mobile home (separately) located in a mobile home park, mobile home subdivision or in any other location in the city, buildings utilized for non-commercial storage or warehousing, and each discrete primary building or building unit that is vacant.
(3) VACANT BUILDING does not include an accessory structure that is not intended for occupancy, such as a garage, shed, or storage building when a primary building exists on the property of record and is occupied.
WAREHOUSE. Means building, structure or complex where raw materials or manufactured goods are stored before their export or distribution for sale, and is actively operated as a commercial or industrial warehouse enterprise.
(Ord. 1012, passed 4-27-2021)