(a) Definitions. For purposes of this section, the following works and phrases shall have the meanings respectively ascribed to them as follows:
(1) Boarded: A building or structure subject to the provisions of this section 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.
(2) Exterior maintenance and major systems: The phrase “exterior maintenance and major systems” shall mean the safe and lawful maintenance of the facade, windows, doors, roof and other parts of the exterior of the building and the maintenance of its major systems consisting of the roof, the electrical and plumbing systems, the water supply systems, the sewer system, and the sidewalk, driveway, if any, area of the lot, as applicable and as enforce by codes adopted by the City as well as all applicable local, state and federal laws.
(3) Occupied: Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building 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 building 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, 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; or proof of bonafide pre-rental inspection.
(4) Open: A building or structure subject to the provisions of this section shall be deemed to be “open” if any one or more exterior doors other than a storm door is broken, open and/or closed but, without a properly functioning lock to secure it, or if one or more windows is broken or not capable of being blocked and secured from instruction, or any combination of the same.
(5) Owner: An owner of the freehold of the premises of any lesser estate therein, a mortgage, a vendee-in-possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation that is directly or indirectly in control of a building subject to the provisions of this section, and as set forth below.
(6) Vacant: A building or structure shall be deemed to be vacant if no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides, dwells, or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent; non-transient basis. A building or structure shall be deemed vacant and subject to the registration and possible penalty provisions provided herein if the exterior maintenance and major systems of the building and the surrounding real property thereof, as defined in this section, are in violation of the building codes or health and sanitation codes and if there is not proof of continual utility service evidencing actual use of electric, gas (i.e., applicable heating sources), water service, etc. Continued is meant to be without more than one thirty (30) day interruption in any given three hundred sixty (360) day period. In order for such continual utility service to be considered as being actually in use as described in this section, it must be more than merely registered to the owner for purposes of billing and must be utilized, at a minimum, in order to keep the property and the major systems of the building in compliance with building and safety codes. The person or entity asserting that there has been continued utility service has the burden to produce actual bills evidencing utility service for the relevant period.
(b) Applicability. The requirements of this section shall be applicable to each owner of any building that is found to be vacant pursuant to the language contained herein. Each such owner shall cause to be filed a registration statement, which shall include the street address and parcel number of each such vacant building, and the names and address of all owners, as herein described. The registration fee(s) as required by this section shall be billed by the City and shall be paid by the last day of the month when the property has been registered. For purposes of this section, the following shall also be applicable:
(1) If the owner is a corporation, the registration statement shall provide the names and residence addresses of all officers and directors of the corporation and shall be accompanied by the a copy of the most recent annual franchise tax report filed with the Secretary of State;
(2) If an estate, the name and business address of the executor of the estate;
(3) If a trust, the name and address of all trustees, grantors, and beneficiaries;
(4) If a partnership, the names and residence addresses of all partners with an interest of ten percent or greater;
(5) If any other form of unincorporated association, the names and residence addresses of all principals with an interest of ten percent or greater;
(6) If an individual person, the name and residence address of that individual person. (Ord. 466. Passed 6-17-19.)