§ 154.01. Definitions.

Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter have the following meanings:

" Authorized agent " means a person who shall have charge, care, or control of any structure as owner, or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the actual owner shall be bound to comply with the provisions of this Code to the same extent as if the person was the owner.

" Board " means Vacant Commercial or Industrial Buildings Appeals Board.

" Building Code " means Title 19 of the Codified Ordinances of the City of Akron.

" Commercial or industrial building " means any structure, or part thereof, that is used, or designed to be used for any private or public manufacturing, industrial, or commercial business purposes, whether or not legally zoned for such use.

" Director " means the Director of the Department of Neighborhood Assistance of the City of Akron or representative authorized by the Director.

" Evidence of vacancy " means any condition that on its own or combined with other conditions present would lead a reasonable person to believe the building is vacant. Such conditions include, but are not limited to, the absence of or low levels of utility usage, missing or tagged utility meters, 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, automobile 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 occupation, and statement(s) by neighboring property owners, delivery persons, U.S. Postal Service employees, and/or governmental employee(s) that the building is vacant.

" Fire Chief " means the Chief of the Fire Division of the City of Akron or representative authorized by the Fire Chief.

" Fire Prevention Code " means Chapter 93 of the Codified Ordinances of the City of Akron, including general laws and standards incorporated therein.

" Owner " means a corporation, firm, partnership, association, organization and any other legal group acting as a unit, or a person who has legal title to any structure or premises with or without accompanying actual possession thereof, and shall include a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the premises in question.

" Person " means an individual, partnership, association, syndicate, company, firm, trust, corporation, governmental corporation, department, bureau, agency, or any entity recognized by law.

" Person in control " means the owner of the property, a mortgagee or vendee in possession, a receiver, an executor, a trustee, and any person, public or private entity, lessee or holder of a lesser estate in the property, and/or its duly authorized agent(s), with the authority to bring a building or property into compliance with the provisions of this chapter.

" Property " means not only the vacant commercial or industrial building and any other structures of any kind or nature located on the lot, but also the entire parcel or parcels of land surrounding the vacant commercial or industrial building, including, but not limited to, fences, walkways, walls, and appurtenances.

" Public nuisance " means all buildings, structures, and property that constitute a dangerous and unsafe hazard to the health, safety, or general welfare of the occupants of the public due to the following defects:

1.

Those having walls, floors, foundations, or other members so out of plumb, level, or original position, or so deteriorated or overloaded, as to be unlikely to perform their intended structural function, or in such condition or of such size as to cause stresses in any structural members likely to result in failure or collapse; or

2.

Those so dilapidated, decayed, or unsafe, or which so substantially fail to provide the basic elements of shelter of safety, that they are unfit for human habitation or use or dangerous to life or property; or

3.

Those which, in the opinion of the Fire Chief, constitute a serious fire hazard due to their use, construction, unprotected exposure, or lack of maintenance; or

4.

Those presenting a hazard to the health, safety, general welfare, or morals of occupants, neighboring properties, or the public; or

5.

Those which, despite order by the Director to make or keep them in a condition compliant with this chapter, have not been brought into compliance with the terms and conditions of this chapter or an approved building plan, if applicable.

" Superintendent " means the Superintendent of Building Inspection of the City of Akron or representative authorized by the Superintendent.

" Vacant " means an absence of contents, use or activity, including but not limited to, lack of use or activity due to abandonment. A building shall not be deemed vacant if a person actually conducts a lawful business in or lawfully occupies any part of the building on a permanent, non-transient basis. A multi-unit building shall be deemed vacant if more than sixty percent of the units, by square footage, are vacant.

(Ord. 207-2018)