For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them as follows:
(a) 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.
(b) Boarded: Vacant structure shall be deemed to be "boarded" if in place of one (1) or more exterior doors, other than a storm door, or if one (1) or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window.
(c) Building Inspector: The Building and Safety Inspector of the City of Saint Marys, or such other person designated in accordance with Section 1705.05, or such other person specifically designated by the Building Safety Commission as the "Code Enforcement Agency Official".
(d) City Collector: The City's Collector, or its designee.
(e) City Manager: The City's Manager, or its designee.
(f) Exterior maintenance and major systems: The phrase "exterior maintenance and major systems" shall mean the safe and lawful maintenance of the fac;:ade, windows, doors, roof and other parts of the exterior of the structure and the maintenance of its major systems consisting of the roof, electrical and plumbing systems, water supply system, sewer system, and sidewalk, driveway, if any, area of the lot, as applicable and as enforced by the Building Inspector in connection with Codes adopted by the City as well as all applicable local, state and federal laws.
(g) Multi-unit structure: A commercial or residential structure or structure with two (2) or more separate living or working spaces/units constructed in a manner that would enable each separate working or living unit/space to be occupied by, or held out for rent or lease to, two (2) or more unrelated persons or entities.
(h) 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, non-transient 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 hearing, water and sewer services; a valid City business license, or the most recent, federal, state or city income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy.
(i) 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 (1) or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same.
(j) 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.
(k) Single-unit structure: A commercial or residential structure or structure that is not a multi-unit structure.
(l) Uninhabitable structure: A building or other structure that is not capable or fit for occupancy because it violates the Saint Mary's Building Code to such an extent as to make it unsafe for human occupancy for residency or business purposes.
(m) Vacant property registry: The property registry created pursuant to this Article.
(n) 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 uniVspace 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 structure or structure shall not be deemed vacant and subject to the registration, the registration fee and other provisions provided herein if: (1) the exterior maintenance and major systems of the structure and the surrounding real property thereof are not in violation of the Building Code or Health and Sanitation Code; and (2) there is proof that all essential utility services including, but not limited to, water, electric and gas, if applicable, are active, uninterrupted, and capable of being used without any action being taken by any utility company. (Ord. 2018-02. Passed 6-19-18.)
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