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Vacant Buildings Ordinance The following terms shall be added to § 144- 5 Terms Defined Building Any structure, regardless of type of construction, intended for shelter, housing, storage, or use, whether residential, commercial, industrial, or mixed use. Owner Any person, entity, partnership, corporation, or other legal entity having a legal or equitable interest in a building, including but not limited to the owner of record, a mortgagee, lienholder, trustee, or any person acting as an agent or representative of the foregoing. Vacant building A building that is: o Not legally occupied for a-period of at least 90 consecutive days; and o Not actively being marketed for sale or lease, not under active construction or renovation under a valid building permit, and not temporarily vacant due to normal turnover. In determining whether a building is unoccupied, an enforcement officer may consider the following factors: A. Whether lawful residential or business activity has ceased. B. The percentage of interior space of the building which is occupied in comparison to unoccupied. C. The presence or absence of fixtures, accessories or personal property. D. The presence or lack of utility services. E. The legal status of the premises in terms of either tax or mortgage foreclosure. F The existence, magnitude and/or duration of code violations. G. The character and use of that portion of the space which is occupied. H. Any other factor relevant to general habitability of the premises, including but not limited to, overgrown or neglected vegetation, accumulation of mail or trash. Abandoned building Avacant building that also meets any applicable definition of “vacant and abandoned” residential real property under New York State law (e.g., Real Property Actions and Page 1of6 ©