§ 50-127. Vandalism of vacant buildings and structures.

(a)

Definitions. As used in this section the term vacant shall mean a property which is lacking habitual presence of human beings who have a legal right to be on the property, or at which substantially all lawful business operations or residential occupancy has ceased. In determining whether a property is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of any building on the property to the occupied space, the condition and value of any items in the property and the presence of rental or for sale signs on the property; provided that multi-family residential property containing five or more dwelling units shall be considered vacant when the majority of all of the dwelling units become unoccupied and a majority remain unoccupied.

(b)

No person shall destroy, injure or deface any vacant building or structure or units thereon or purposely remove therefrom any interior or exterior fixtures or portions thereof, so as to cause physical harm to such buildings, structures or units therein.

(c)

No person shall attempt to destroy, injure or deface any vacant building or structure or units thereon or attempt to remove there from any fixtures or portions thereof, so as to cause physical harm to such buildings, structures or units thereon.

(d)

The provisions of this section are not applicable to any governmental agency, or its employees, acting within the scope of their official duties and according to law, or to any lawful owner of such premises or agent of such owners, acting according to law and so as not to create a nuisance or unsafe structure.

(Ord. No. 110440, § 1, 6-16-11)