For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED RESIDENTIAL STRUCTURE. Any building which has been used or was intended for use as a residential dwelling, in whole or in part, including accessory building, which has become vacant or abandoned for a period of at least 28 consecutive days and which also meets at least one of the following conditions:
(1) Is open to casual entry or trespass;
(2) Is fire damaged to an extent which prohibits safe human occupancy;
(3) Is the site of loitering or vagrancy;
(4) Demonstrates a lack of property maintenance and upkeep as evidenced by one or more violations of the Property Maintenance Code or Building Code;
(5) Is under notice for being in violation of city ordinances;
(6) Has been secured or boarded up for at least 28 days;
(7) Has taxes in arrears to the city for a period of time exceeding 365 days;
(8) Has utilities disconnected or not in use for six months;
(9) Is under a condemnation notice or legal order to vacate;
(10) Is structurally unsound; or
(11) Is a potential hazard or danger to a person.
ACCESSORY BUILDING. A subordinate structure on the same premises as the main residential structure, the use of which would be naturally and normally incidental to that of the main structure, whether the main structure is an abandoned residential structure or not, such as, but not limited to, a garage, barn or storage shed.
EVIDENCE OF VACANCY OR ABANDONMENT. Any condition that would lead a reasonable person that the property is vacant including, but not limited to, any of the following: overgrown grass or vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, an absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation, or statements by neighbors, passers-by or government employees that the property is vacant.
OWNER. Any person or entity with a legal or equitable ownership interest in the structure and/or property. This definition includes, but is not limited to, any bank, credit union, financial institution, land contract vendor, land contract vendee or any party who has received a conveyance through a Sheriff’s deed.
SECURED. A building which has all points of entry into the structure either:
(1) Closed by use of windows and doors which are in proper working order, intact, without holes, broken elements and are locked; or
(2) Are secured by exterior grade plywood in compliance with the city’s Property Maintenance Code concerning type of material and not to exceed the time period allowed for the boarding up of the property.
(Prior Code, § 7-75) (Ord. 1344, passed 4-4-2011)