For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them as follows:
(a) Abandoned Building: Any structure on a parcel of real property which has been a vacant structure for more than ninety (90) days and is the subject of an Order issued by the Municipal Court for a building or zoning violation which has not been rendered for thirty (30) days.
(b) Actively marketed: A property is being "actively marketed" when its owner is, in good faith, doing those things and performing those activities standard and effective in the industry necessary to sell or lease a structure, including, but not limited to, using the services of a realtor licensed in the State of West Virginia, or advertising the availability of the structure for sale or lease.
(c) Boarded: Vacant structure shall be deemed to be "boarded" if in place of one or more exterior doors, other than a storm door, or of one or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window.
(d) Code enforcement agency official: means any lawful agent of a code enforcement agency or code enforcement department as defined by 87 CSR 7-2.
(e) City Clerk: The City's Clerk, or its designee.
(f) Occupy/ occupied/ occupies: Any building or structure shall be deemed to be "occupied" if one or more persons actually conducts a lawful business or lawfully resides in the structure as the licensed business occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, nontransient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a structure is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid City business license, or the most recent, federal or state income tax statements or City Business and Occupation tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy.
(g) Open: A vacant structure shall be deemed to be "open" if any means of ingress/ egress lacks a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same.
(h) Owner /property owner: A person who individually or jointly with others:
(1) Has legal title to the property, with or without actual possession of the property;
(2) Has charge, care or control of the property as owner or agent of the owner;
(3) Is an executor, administrator, trustee or guardian of the estate of the owner;
(4) Is the agent of the owner for the purpose of managing, controlling or collecting rents; or
(5) Is entitled to control or direct the management or disposition of the property.
(i) Single-unit structure: A commercial or residential structure or structure that is not a multi-unit structure.
(j) Uninhabitable structure: A building or other structure that is not capable or fit for occupancy because it violates the Building and Housing Code to such an extent as to make it unsafe for human occupancy for residency or business purposes.
(k) Vacant property registry: The property registry created pursuant to this article.
(l) Vacant structure: A single-unit structure where no person or persons actually, currently occupies, conducts a lawfully licensed business, or lawfully resides, dwells, or lives in any part of the structure as the legal or equitable owner(s), or tenant(s), on a permanent, non-transient basis for a period of six (6) months in any calendar year. A multi-unit structure where no person or persons actually, currently occupies, conducts a lawfully licensed business, or lawfully resides, dwells, or lives in each unit/ space as the legal or equitable owner(s), or tenant(s), on a permanent, non-transient basis for a period of sixty (60) days in any calendar year. (Ord. 2020-13. Passed 12-7-20.)