For purposes of Chapter 523 the following definitions apply:
(a) “Code Enforcement Officer” means a Zoning Inspector, or a Zoning Inspector trainee, or a duly authorized representative of the Director of Public Service and Safety.
(b) “Director of Public Service and Safety” means the City of Troy Director of Public Service and Safety, or designee, who is responsible for administering and enforcing this Code.
(c) “Owner” means any of the following:
(1) The owner of record as shown on the current tax list of the Auditor of Miami County, Ohio;
(2) The mortgage holder of record, if any, as shown in the mortgage records of the recorder of Miami County, Ohio;
(3) Any person who has a freehold or lesser estate in the premises;
(4) A mortgagee or vendee in possession. “In possession” means someone who evidences charge, care or control of the premises, and includes someone to whom the Sheriff of Miami County has issued a deed for the premises whether or not the deed has been recorded;
(5) Any person who has charge, care or control of the premises as agent, executor, administrator, assignee, receiver, trustee, guardian or lessee;
(6) Any person who holds himself or herself out to be in charge, care or control of the premises as evidenced by negotiating written or oral lease agreements relative to the premises, collecting rents for the premises, performing maintenance or repairs on the premises or authorizing others to perform maintenance or repairs on the premises.
(d) “Public nuisance” means any of the following:
(1) Any building, premises or real estate, including vacant land, or any appurtenance thereto which is not in compliance with any building, housing, property maintenance, nuisance abatements, sanitation, health, fire, zoning or safety code of the City of Troy, Ohio;
(2) Any building, premises or real estate, including vacant land, or any appurtenance thereto which is its real property taxes have remained unpaid in excess of one (1) year from date of assessment.
(3) Any building, premises or real estate, including vacant land, or any appurtenance thereto which two or more felony violations of Ohio Revised Code Chapter 2925 or 3719 have occurred within a twelve (12) month period.
(4) Any building, premises or real estate, including vacant land, or any appurtenance thereto as defined as a nuisance or public nuisance in Ohio Revised Code Chapter 3767.
(5) Any building, premises or real estate, including vacant land, or any appurtenance thereto that is used or occupied by a criminal gang (as defined in Ohio Revised Code 2923.41 on more than two (2) occasions within a 36-month period to engage in a pattern of criminal gang activity (as defined in Ohio Revised Code 2923.41).
(6) Any building, premises or real estate, including vacant land, or any appurtenance thereto used in violation of Ohio Revised Code Chapter 2915.
(7) Any building, premises, or real estate, including vacant land, or any appurtenance thereto, used in violation of Chapter 37 of the Ohio Revised Code and not remedied pursuant to this chapter.
(Ord. 45-2020. Passed 10-19-20.)