Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section. For the purpose of clarity the terms "building" and "property" shall be used interchangeably.
(a) "Abandoned." A building which is unoccupied and:
(1) Holds a mortgage status of abandonment (i.e. deceased or foreclosed);or
(2) Unoccupied and has taxes in arrears for a period of time exceeding 365 days.
(b) "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; or statement(s) by governmental employee(s) that the property is vacant.
(c) "Lawful activity." Means the current use of the structure is also that which the structure was built for or intended to be used for and is in compliance with building, zoning, and fire codes.
(d) "Occupied." To be lived in or be used by someone such as a home or office; or a building containing multiple units or suites with common ownership, and at least one unit being occupied.
(e) "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.
(f) "Owner Agent" A person that resides within fifty miles of Sidney, Ohio who shall be authorized in writing by the owner of a vacant property to be responsible for the security and maintenance of the property, who shall have access to the property and who shall be available at all times during business and non-business hours in the case that an emergency occurs requiring immediate response and/ or to make immediate repairs.
(g) "Residential" A one-family, two-family, or three-family dwelling, and any accessory structure incidental to that dwelling.
(h) "Secured by other than normal means." A building secured by means other than those used in the design of the building.
(i) "Unoccupied." Any property, building or structure, or any part thereof, where no person actually and lawfully resides or where no lawful activity is being operated.
(j) “Unsecured." A building, or portion of a building, which is open to entry by unauthorized persons without the use of tools.
(k) "Vacant building." A commercial, industrial, or residential detached building; or a semi-detached building, or attached building with ownership separated by a common wall which is unoccupied for a period of time over ninety consecutive days and one or more of the following:
(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 building inspector or fire inspector; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and has existing property maintenance or building code violations; or
(6) Illegally occupied; or
(7) Unoccupied and abandoned by the property owner; or
(8) Unoccupied and has one or more broken or boarded windows; or
(9) Used for other than a permitted use of zoning district in which it is located, unless owner provides documentation of legal non-conforming use.
(Ord. A-2936. Passed 8-27-18; Ord. A-2975, Passed 8-12-19.)