(a) Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings indicated in this section.
(1) “Secured by other than normal” means a building secured by means other than those used in the design of the building.
(2) “Unoccupied” means a building for which all lawful or authorized business operations or residential occupancy has ceased.
(3) “Unsecured” means abuilding or portion of a building that is open to entry by unauthorized persons without the use of tools or ladders.
(4) “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 Building Department; or
D. Unoccupied and having utilities disconnected; or
E. Unoccupied and has housing or 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 code violation issued by the Building Department; or
H. Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
I. Unoccupied and abandoned by the property owner.
(5) “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: significantly below standard utility usage, 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, 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.
(Ord. 2023-28. Passed 6-26-23.)