For the purpose of this chapter, certain words and phrases used in this chapter are defined as follows:
(a) "Accessible property" means a property that is accessible through a compromised or breached gate, fence, wall, or other opening providing access.
(b) "Accessible structure" means a house, building or other structure that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
(c) "Appeal" means a written notice to be filed with the City Board of Zoning and Building Appeals ("the Board") challenging a notice of violation. Such appeal must be filed within fourteen (14) days of the date of the notice of violation.
(d) "Buyer" means any person, partnership, co-partnership, association, and corporation, fiduciary or other entity that agrees to transfer anything of value in consideration for the property.
(e) "City" means the City of Reynoldsburg.
(f) "Deed in lieu of foreclosure" means a recorded document that transfers ownership of a property from the mortgagor to the mortgagee.
(g) "Default" means the failure to fulfill a contractual obligation, whether monetary or conditional.
(h) "Designated City Official" means the Service Director or designee of the Service Director.
(i) "Designated agent" means a business entity located in the State of Ohio or an individual person eighteen (18) years or older residing in the State of Ohio. The "designated agent" must have an address other than a post office box and shall be named by an owner as a secondary point of contact regarding the use or condition of land and the occupancy and physical condition of structures on a platted lot or parcel of land.
(j) "Distressed" means a property that is the subject of a pending foreclosure suit, has been foreclosed upon by the foreclosing entity, is set for sheriffs sale, has been sold at a sheriffs sale or has been conveyed to the mortgagee via a deed in lieu of foreclosure.
(k) "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, graffiti or other defacement of buildings or structures, accumulation of newspapers circulars, flyers, and/or mail, 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 occupations.
(l) "Foreclosing entity" means an entity holding a note secured by a mortgage, an entity holding a lien recorded with the Franklin, Licking, or Fairfield County Recorder's Office, a non-government entity that holds an interest in delinquent property taxes, an entity that takes property via a deed in lieu of foreclosure, an entity that has purchased a property from a sheriffs sale, a government entity that accepts property as a result of a government-insured mortgage or loan.
(m) "Foreclosure" means the process by which a foreclosing entity seeks a decree of foreclosure from the Franklin County, Fairfield County, or Licking County Common Pleas Court.
(n) "Mortgage" means an agreement between a mortgagor and a mortgagee by which a mortgagee retains an interest in real estate title as collateral for a loan. This definition applies to any and all subsequent mortgages, i.e., second mortgage, third mortgage, etc.
(o) "Mortgagee" means the person, partnership, co-partnership, association, corporation, lender, fiduciary or any other entity holding a mortgage on a property.
(p) "Mortgagor" means a borrower under a mortgage.
(q) "Notice of violation" means a notice issued by the Designated City Official to the owner of real property or to their designated agent that there has been a violation of a provision of this chapter or any other applicable section of the Reynoldsburg City Code, ordinance, or regulation concerning vacant properties.
(r) "Owner" means any person who, alone or jointly or severally with others, shall have the legal or equitable title to a property, and shall include executors, administrators, trustees or guardians of the estate of the owner, and any purchaser or assignee under a certificate of sale pursuant to a mortgage foreclosure. The term "owner" shall also include partnerships and other unincorporated associations. Any individual owner, regardless of whether he or she shares ownership responsibility with any other person, any general partner of a partnership, and any officer of a corporation or unincorporated association, shall have direct and personal responsibility and liability for compliance with the provisions of this chapter.
(s) "Property" means any unimproved or improved real property or portion thereof, situated in the City including any house, building or other structures that may be located on the property regardless of condition.
(t) "Securing" means such measures as may be directed by the Designated City Official that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repair or replacement of doors, windows, or other openings.
(u) "Vacant" means a house, building or other structure where no person or persons actually or currently conducts a lawfully licensed business, lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupants(s), or owner-occupant(s), or tenants(s).
(1) A building shall be deemed vacant if it is unoccupied for a period of time over sixty (60) days and is:
A. Unsecured; or
B. Secured by other than normal means; or
C. An unsafe building as determined by the Code Enforcement Officer; or
D. Utilities have been disconnected; or
E. Has property maintenance violations under Chapter 1711 of the Reynoldsburg Codified Ordinances; or
F. In a mortgage status of abandonment (i.e. deceased or foreclosed); or
G. Abandoned by the property owner.
(2) A building shall be deemed vacant if it is legally occupied which shall include loitering and vagrancy; or
(3) A building shall be deemed vacant if it has not been used for its intended purpose for more than one hundred eighty (180) days.
(v) "Secured by other than normal means" is defined as a building secured by means other than those used in the design of the building.
(w) "Unoccupied" is defined as a building which is not being used for the occupancy authorized by the owner. The term "unoccupied" shall only be applicable to multi-unit structures when more than one-half (1/2) of the units and/or more than one-half (1/2) of the available space are not currently occupied by a tenant or tenants.
(x) "Unsecured" is defined as building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(Ord. 39-2020. Passed 5-26-20.)