9-5.8 Vacant Buildings Prohibited.
a. No person shall permit or allow a commercial building to remain vacant for more than thirty (30) days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the Enforcement Official that one (1) of the following applies and the property is registered pursuant to this section:
1. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation. The building permit must have been issued within one (1) year, unless the Enforcement Official determines the owner needs additional time to complete the repair or rehabilitation.
2. The building and the property on which the building is located complies with this Code, does not contribute to blight, is ready for occupancy and either of the following apply:
(a) The building is actively being offered for sale, lease or rent; or
(b) The building is actively being maintained and monitored by the owner or the owner’s authorized representative and is being maintained in compliance with this Code and State law. Active maintenance and monitoring shall include, without limitation, all the following:
(1) Maintenance of landscaping and plant material in good condition; and
(2) Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition; and
(3) Prompt and regular removal of all exterior trash, debris and graffiti; and
(4) Maintenance of the building in continuing compliance with all applicable codes and regulations; and
(5) Prevention of criminal activity on the premises, including but not limited to use and sale of controlled substances, prostitution, criminal street gang activity, vandalism, loitering or trespassing. (Ord. #230-2019, S2)