(a) Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(1) “Owner or person in control” means the owner of the freehold estate of the premises; a mortgagee or vendee in possession; a receiver; and executor; a trustee; and any person, public or private entity, lessee or holder of a lessor estate in the premises, and/or its duly authorized agent, with the authority to bring a building or premises into compliance with the provisions of this code, including but not limited to any mortgagee that has filed an action in foreclosure on the particular premises at issue, based on breach or default of mortgage agreement, until title to the premises is transferred to a third party.
(2) “Secured by other than normal means” means a building secured by means other than those used in the design of the building.
(3) “Unoccupied” means a building which is not being used for the occupancy authorized by the owner and/or person in control.
(4) “Unsecured” means a building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(5) “Vacant building” means a building (excluding government owned buildings) which is:
A. Unoccupied and unsecured; or
B. Unoccupied and secured by other than normal means: or
C. Unoccupied and an unsafe building as determined by the Property Maintenance Code Official or his/her designee; or
D. Unoccupied or having public water service terminated; or
E. Unoccupied and has property maintenance building code violations; or
F. Illegally occupied which shall include loitering and vagrancy; or
G. Unoccupied for a period of time over ninety (90) days and having an existing notice of code violation issued by the Property Maintenance Code Official or his/her designee; or
H. Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed).
I. Unoccupied and abandoned by the property owner or person in control.
J. A building shall not be considered a vacant building if the building contains multiple units and any one (1) of the multiple units is considered to be occupied.
(6) “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: termination of public water service, 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 or doors, 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, statement(s) by governmental employee(s) that the property is vacant.
(7) “Temporarily vacant” means an owner occupied residential building which is unoccupied by the owner for a period not to exceed six (6) months in any calendar year.
(8) “Vacant residential building” means a vacant building with three (3) or fewer dwelling units within the structure and no commercial or other space.
(9) “Vacant commercial building” means a vacant building with more than three (3) dwelling units within the structure or any vacant building containing commercial, industrial or other space.
(Ord. 2022-60. Passed 8-9-22.)