For the purposes of this subchapter, certain words and phrases used in this subchapter are defined as follows:
ABANDONED. A property that is:
(1) Vacant;
(2) Under a current notice of default;
(3) Pending a tax assessor’s lien sale;
(4) Under a notice of trustee’s sale;
(5) Has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or
(6) Has been transferred under a deed in lieu of foreclosure.
ACCESSIBLE PROPERTY. A property that is accessible through a compromised/breached window, gate, fence, wall, etc.
ACCESSIBLE STRUCTURE. A structure/building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
AGREEMENT. Any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.
ASSIGNMENT OF RENTS. An instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.
BENEFICIARY. A lender or holder of a note secured by a deed of trust.
BENEFICIARY/TRUSTEE. Both the beneficiary and the trustee. When any act is required of the beneficiary/trustee by this subchapter, both are responsible for performing such act and may be charged with a violation of this code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided, they both must provide such information.
BUYER. Any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this section.
DAYS. Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE/SALE. A recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
DEED OF TRUST. An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan and often used in California instead of a mortgage. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.
DEFAULT. The failure to fulfill a contractual obligation, monetary or conditional.
DISTRESSED. A property that is under a current notice of default or notice of trustee’s sale and/or pending tax assessor’s lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.
EVIDENCE OF VACANCY. Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant and not occupied by authorized persons. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings or personal items consistent with residential habitation, or statements by neighbors, passersby, delivery agents, government employees the property is vacant.
FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults.
LOCAL. Within 40-road/driving miles distance of the subject property.
NEIGHBORHOOD STANDARD. Those conditions that are present on a simple majority of properties within a 300-foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the 300-foot radius, shall not be counted toward the simple majority.
NOTICE OF DEFAULT. A recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee’s sale.
OUT OF AREA. In excess of 40-road/driving miles distance of the subject property.
OWNER. Any person, co-partnership, association, corporation or fiduciary having a legal or equitable title or any interest in any real property.
OWNER OF RECORD. The person having recorded title to the property at any given point in time the record is provided by the Los Angeles County Recorder’s Office.
PROPERTY. Any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition.
RESIDENTIAL BUILDING. Any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as “residential” whether or not it is legally permitted and/or zoned for such use.
RESPONSIBLE PERSON. Any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property and includes trustees and beneficiaries of a deed of trust on the property and any other lien holder on the property.
SECURING. Such measures as may be directed by the Planning Manager or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required.
TRUSTEE. The person, firm or corporation holding a deed of trust on a property.
TRUSTOR. A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
VACANT. A building/structure that is not legally occupied.
(Ord. 1325, passed 4-15-09; Am. Ord. 1367, passed 1-7-15; Am. Ord. 1441, passed 11-6-19)