[Ord. No. 14.525 (2729), 4-4-2019; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
For purposes of this Article the following words and phrases shall have the following meanings, except where the context clearly indicates a different meaning:
ABANDONED1. Any real property where the owner has surrendered, relinquished or given up rights to the real property with the intention of not reclaiming it; or
2. Any real property that is vacant and is under a current notice of default or notice of trustee's sale and is not currently being offered for rent, lease or sale by the owner. Evidence of being currently offered for rent, lease, or sale shall be by a sign posted on the subject property advertising the property for rent, lease, or sale with contact information and current phone number or an active listing in an electronic database accessible to City staff; or
3. Real property that has been the subject of a foreclosure sale where the title was retained by the beneficiary involved in the foreclosure and any real property transferred under a deed in lieu of foreclosure.
AUTHORIZED REPRESENTATIVEA person, corporation, limited liability company or other legal entity having charge, care or control of any real property as agent of the owner, or as personal representative, trustee, guardian or conservator of the estate of the owner.
CODEAs used in this Article, shall refer to the City of Arnold Code of Ordinances, the International Building Code, the International Property Maintenance Code, and the International Residential Code as adopted by the City.
EVIDENCE OF VACANCYAny condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown and/or dead vegetation, electricity/water/other utilities turned off, statements by neighbors/passersby/delivery agents or government agents, lack of response to notices, returned or forwarded mail, unsecured doors, absence of, or condition of, personal belongings on the property, habitation by vagrants/transients/trespassers, lack of marketing for purposes of selling or renting property, etc.
OCCUPIEDWhen a property, residence, or structure is being lived in or used in a manner consistent with its intended use.
OWNERThe person, persons, partnership, corporation, beneficiary, trustee, or other legal entity that holds legal title to any real property.
REAL PROPERTYAll land and structures affixed to or built thereon.
RESPONSIBLE PARTYIncludes real property owners, mortgagees, lenders, trustees, or any other party with legal interest in the real property, and their authorized representatives or agents.
STATEMENT OF INTENTA form completed by the owner of a vacant structure or the owner's authorized representative, which contains specific information regarding the structure and the owners' plans for rehabilitation, maintenance, demolition and/or removal.
STRUCTUREAny physical object or edifice that is built or installed and is located on and affixed to the land. The term "structure" shall include any part of a structure.
TRUSTEEThe person, firm, corporation or other legal entity holding a deed of trust secured by real property.
UNDEVELOPEDA parcel of real property that does not have a primary structure built thereon.
VACANT1. A building or structure that is not legally occupied as required by the Code.
2. Any free standing residential real property that has not been legally occupied for one hundred eighty (180) days.
3. Any free standing commercial or industrial real property that has less than fifty percent (50%) of the total area of the building (excluding stairwells, elevator shafts, and mechanical rooms) being legally occupied or is not being used for occupancy that was authorized for one hundred eighty (180) days.
4. A multi-family residential building or structure containing five (5) or more dwelling units when eighty percent (80%) of the dwelling units are unoccupied.
VACANT STRUCTURE MAINTENANCE STANDARDSThe maintenance standards, to which the vacant structures are subject under this Article, are set forth in the Arnold Health and Sanitation Code, the Arnold General Nuisances Code, the International Property Maintenance Code as adopted by the City Council, all other applicable Chapters of the Arnold Code of Ordinances, including, but not limited to the Building and Zoning Ordinances of the City, as amended from time to time, and all standards contain within this Article.