Unless otherwise expressly stated, the following terms shall for the purpose of this chapter, have the following meanings:
(a) "Authorized agent" means a person that resides within Auglaize County, Ohio, who shall be authorized in writing by the owner or person in control of a vacant building to be responsible for the security and maintenance of the building and property, who shall have access to the building and 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.
(b) "Commercial or Industrial Building" means any structure, or part thereof, that is used, or designed to be used for any private or public manufacturing, industrial, or commercial business purposes whether or not Legally zoned for such use. It shall also mean an residential structure containing more than three (3) units.
(c) "Residential" shall mean any building not deemed a Commercial or Industrial Building.
(d) "Evidence of Vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe the building is vacant. Such conditions and indicators include, but are not limited to the following:
(1) In the case of a Commercial or Industrial Building for a time period over ninety (90) days, no evidence of occupation by an owner, lessees, or other person in lawful possession and evidence that substantially all lawful manufacturing, industrial, or commercial business operations has ceased and the building is devoid of content.
(2) In the situation of a Residential Building, absence of occupation for period of time over ninety (90) days as substantiated by reports from governmental employee(s) and/or statements by neighboring property owners, delivery persons, U.S. Postal Service employees, and/or governmental employee(s) that the building is vacant. Occupation shall not include illegal occupation including trespassing or vagrancy.
(3) No or significantly below standard utility usage (water, electric or gas);
(4) Delinquent real estate taxes;
(5) Accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, abandoned vehicles, automobile parts or materials.
(6) More than one notice of a violation of Section 561.01 of the Codified Ordinances of St. Marys relating to overgrown weeds and grass.
(7) Evidence of infestation by rodents.
(8) Broken or boarded up windows or the absence of window coverings, such as curtains, blinds, and/or shutters.
(9) Absence of furnishings, and/or personal items consistent with habitation or occupation.
(10) Defective roofs as evidenced by loss of shingles, holes in the roof or use of temporary coverings covering such defects resulting in leakage on the interior.
(11) Signage that is significantly outdated.
(12) Evidence that the interior is not heated during winter months.
(13) Evidence that the structure is not secured from trespassers;
(14) Visible graffiti.
(e) "Fire Chief" means the Fire Chief of the City of St. Marys or his or her designee.
(f) "Fire Code" means Part Fifteen of the City of St. Mary's Codified Ordinances.
(g) "Fire Department" means the Fire Department of the City of St. Marys.
(h) "Code Enforcement Officer" means that person appointed by the Chief of Police of the City to enforce violations of the Code relating to property offenses.
(i) "Key box" means a secure device with a lock operable only by a fire department master key, and containing building entry keys and other keys that may be required for access in an emergency.
(j) "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 as evidenced by the signature of the judge upon the confirmation of sale, whether or not the deed has been filed with the Auglaize County Recorder's Office. The term "owner" shall also include partnerships, corporations, 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.
(k) "Person" means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, or any entity recognized by law.
(l) "Person in control" means the owner of the property; a mortgagee or vendee in possession; a receiver; an executor; a trustee; and any person, public or private entity, lessee or holder of a lesser estate in the property, and/or its duly authorized agent(s), with the authority to bring a building or property into compliance with the provisions of this Chapter, including but not limited to any mortgagee that has filed an action in foreclosure on the particular property at issue, based on breach or default of a mortgage agreement, until title to the property is transferred to a third party.
(m) "Property" means not only the vacant residential, commercial or industrial building and any other structures of any kind or nature located on the lot, but also the entire parcel of land surrounding the vacant commercial or industrial building, including, but not limited to, fences, walkways, walls, and appurtenances.
(n) "Vacant Building" in this chapter means both a Commercial or industrial Building and Residential Building which has been designated a Vacant Building by the Director of Public Service and Safety pursuant to Section 1343.03.
(Ord. 2019-27. Passed 11-11-19.)