For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT ORDER. An “order to abate” issued by the Municipal Court Judge pursuant to the city code of ordinances.
ACCESSIBLE PROPERTY. Real property that is accessible to the public through an open and unsecured door, window, gate, fence, wall or other opening.
ACCESSIBLE STRUCTURE. A building or structure that is not secured or is open in such a way as to allow public or unauthorized access to the interior.
AGREEMENT. Any written instrument that transfers or conveys title to residential real property from one owner to another after a sale, trade, transfer or exchange.
BUYER. Any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for real property via an “agreement” as that term is defined in this section.
DAYS. Calendar days.
DIRECTOR. The Director of the Public Works Department or designee or the City Manager’s designated personnel charged with the enforcement of this subchapter.
ENFORCEMENT OFFICIAL. The City Manager, the Building Official, the Director of Public Works and/or any employee or agent of the city designated and/or charged with enforcing the city’s code of ordinances, including, but not limited to, applicable codes adopted by reference therein.
EVIDENCE OF VACANCY. Any real property condition that independently, or in the context of the totality of circumstances relevant to the occupancy of that real property, would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property 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; and/or statements by neighbors, relatives, friends, acquaintances, delivery agents or government employees that the property is vacant.
FORECLOSURE. The process by which real property subject to a deed of trust is sold to satisfy the debt of a defaulting trustor or borrower.
NOTICE OF DEFAULT. A recorded instrument that reflects and provides notice that a default has taken place with respect to a deed of trust, and that a beneficiary intends to proceed with a trustee’s sale concerning said property.
NOTICE OF DETERMINATION. The written notice by the Director to an owner that the structure is a vacant structure, a statement of the factual basis for the determination and the obligations of the owner of the structure to register.
OWNER. Any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or interest in real property. There is a rebuttable presumption that the County Appraisal District’s records identify the owner of the property and the owner’s address.
PROPERTY. Any unimproved or improved real property, or portion thereof, including, but not limited to, buildings or structures located on said real property, regardless of condition.
REGISTRATION FORM. The form provided by the Director for an owner to register a vacant structure with the city.
RESIDENTIAL BUILDING. Any improved real property or portion thereof, designed or permitted to be used for dwelling purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer or exchange as “residential”, whether or not said property is legally permitted and zoned for such use.
SECURING. Such measures as may be directed by an enforcement official that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, repairing fences and walls, chaining and locking gates, and repairing or boarding doors, windows or other openings. Such measures shall be implemented in conformance with all applicable standards of the United States Department of Housing and Urban Development.
VACANT. Any building, structure or real property that is unoccupied or is occupied by a person without a legal right of occupancy. No person(s) currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the structure as the legal or equitable owner(s) or tenancy- occupant(s), owner-occupants or tenant(s) on a permanent, non-transient basis.
(2012 Code, § 34-73)