For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
(a) “Abandoned” means a residential property that is vacant and is in default with any foreclosing entity, is subject to a current foreclosure action, a finding of foreclosure has been issued relative to the property, has been sold at a sheriff’s sale, is owned by a foreclosing entity, or has been transferred via a deed in lieu of foreclosure.
(b) “Accessible property” means a residential property that is accessible through a compromised or breached gate, fence, wall, or other opening providing access.
(c) “Accessible structure” means a residential house, building or other structure that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
(d) “Buyer” means any person, partnership, co-partnership, association, corporation, fiduciary, or other entity that agrees to transfer anything of value in consideration for property.
(e) “Deed in lieu of foreclosure” means a recorded document that transfers ownership of a residential property from the mortgagor to the mortgagee.
(f) “Default” means the failure to fulfill a contractual obligation, whether monetary or conditional.
(g) “Distressed” means a residential property that is the subject of a pending foreclosure suit, has been foreclosed upon by the foreclosing entity, is set for sheriff’s sale, has been sold at a Sheriff’s Sale or has been conveyed to the mortgagee via a deed in lieu of foreclosure.
(h) “Evidence of vacancy” means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the residential property is vacant. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation, statements, based on observations, by neighbors, passersby, delivery agents, governmental employees that the residential property is vacant.
(i) “Foreclosing entity” means an entity holding a note secured by a mortgage, an entity holding a lien recorded with the Cuyahoga County Recorder’s Office, a non- government entity that holds an interest in delinquent property taxes, an entity that takes property via a deed in lieu of foreclosure, an entity that has purchased a property from a Sheriff’s Sale, a government entity that accepts residential property as a result of a government insured mortgage or loan.
(j) “Foreclosure” means the process by which a foreclosing entity seeks a decree of foreclosure from the Cuyahoga Common Pleas Court or the Cuyahoga County Board of Revisions.
(k) “Mortgage” means an agreement between the mortgagor and a mortgagee by which a mortgagee retains an interest in real estate title as collateral for a loan. This definition applies to any and all subsequent mortgages, i.e., second mortgage, third mortgage, etc.
(l) “Mortgagee” means the person, partnership, co-partnership, association, corporation, lender, fiduciary, or any other entity holding a mortgage on a property.
(m) “Mortgagor” means a borrower under a mortgage.
(n) “Out-of-area” means in excess of 5 miles distance of the subject property.
(o) “Owner” means any person, partnership, co-partnership, association, corporation, fiduciary or any other entity having a legal or equitable title or any interest in any real property.
(p) “Owner of record” means the person, partnership, co-partnership, association, corporation, fiduciary or any other entity having recorded title to the property with the Cuyahoga County Recorder’s Office.
(q) “Property” means any unimproved or improved residential real property or portion thereof, situated in the City including any house, buildings or other structures that may be located on the property regardless of condition.
(r) “Residential building” means any improved residential real property, or portion thereof, situated in the City, designed or permitted to be used for dwelling purposes, including any houses, buildings and other structures that may be 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 or zoned for such use.
(s) “Securing” means such measures as may be directed by the City Building Department that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repair or replacement of doors, windows or other openings.
(t) “Vacant” means a residential house, building or structure that is not legally occupied and “evidence of vacancy” exists leading a reasonable person to conclude such residential real property is vacant.
(Ord. 2009-71. Passed 10-19-09.)