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A. The City may determine that a large-scale retail development, or any part thereof, has been abandoned or vacated. For purposes of this chapter, an “abandoned” or “vacated” building shall be determined by meeting any of the following criteria:

1. A declaration by the owner of the establishment of the intent to go out of business at that location;

2. The cessation of business by the establishment at that location for a period of not less than twelve consecutive months.

B. The following requirements apply to any owner of property subject to this chapter on which an abandoned establishment exists:

1. Within ninety days of the City’s determination of abandonment or vacancy, the owner of such property shall submit to the City an updated reuse plan that addresses maintenance, active remarketing, and/or reuse of the facility. The plan shall comply with existing city zoning code in effect at the time of abandonment. The plan shall be subject to approval by the City Council.

2. If the owner fails or refuses to maintain the property during the period of time when the establishment is abandoned or vacated the City, as allowed by the International Property Maintenance Code and the International Building Code, may elect to perform, or contract for the performance of, maintenance functions. The owner shall be liable to reimburse the City for all such reasonable maintenance costs. (Ord. 17-18 (part), 2017: Ord. 08-10 (part), 2008)