§ 101. DEFINITIONS

Unless otherwise expressly stated, the following terms will, for the purpose of this Ordinance, have the meanings indicated in this section:

A.

Emergency means that the condition of a building, structure, or any part thereof is an imminent, immediate, and substantial danger to the health or safety of occupants, emergency responders, and/or the general public. Such conditions include but are not limited to fire hazards; failing or dilapidated buildings, structures, or any part thereof; loss of significant water, heat, or ventilation; or lack of sanitary conditions.

B.

Enforcement Officer means any duly authorized City of Tulsa employee of the Working in Neighborhoods Department, the Tulsa Fire Department/Fire Marshal's Office, or the Tulsa Police Department.

C.

Owner means the person, persons, or entity shown to be the owner or owners of record as listed by the current year's tax rolls of the Tulsa County Treasurer; those identified as the owner or owners on a vacant buildings and residential structures registration form; a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, administrator, trustee, or lessee; or other person, firm, or corporation in control of the premises. Any such person or entity will have joint and several obligations for compliance with the provisions of this title.

D.

Secured by Other Than Normal Means shall mean that condition when a building or residential structure is secured by means other than those used in the design and approved plans for the building.

E.

Unoccupied means that condition when a building or residential structure or a portion thereof lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings or residential structures ordered vacated by an Enforcement Officer. In determining whether a building or residential structure is unoccupied, the Enforcement Officer may consider these factors, among others:

1.

whether lawful residential or business activity has ceased;

2.

the percentage of the overall square footage of the occupied to unoccupied space or the overall number of occupied and unoccupied units and their proximity to each other;

3.

the building or residential structure is substantially devoid of contents or the fixtures or personal property located in the building or residential structure are of a minimal value;

4.

the building or residential structure lacks utility services;

5.

the building or residential structure is the subject of a foreclosure action;

6.

duration of vacancy; and/or

7.

the presence or reoccurrence of code violations.

F.

Unsecured means that condition when a building or residential structure or portion of a building or residential structure is open to entry by unauthorized persons without the use of tools or ladders.

G.

Neglected Vacant Building/Residential Structure means a building, regardless of the use, the square footage or the presence of more than one (1) living unit, a portion of a building, residential structure, or a structure which is any one (1) or more of the following:

1.

Unoccupied and unsecured;

2.

Unoccupied and secured by other than normal means;

3.

Unoccupied and an unsafe building or residential structure with suspected code violations as determined by an Enforcement Officer;

4.

Unoccupied and an Enforcement Officer has issued an order to correct code violations;

Exemptions: For the purposes of this title, only the following properties are exempt:

a.

All properties owned by the federal government, the state of Oklahoma, and all political subdivisions thereof.

b.

All secondary residential structures, i.e., garage apartments, etc., located on or contiguous to property with an occupied principle residence, as long as they do not violate Title 24 TRO, are secured and meet all applicable code requirements, are exempt from both the Fifty Dollars ($50.00) annual registration fee and the Five Hundred Dollar ($500.00) annual vacant building/structures fee.

(Ord. No. 22269, § 1, 7-15-2010)