In this section:
ABANDONED PROPERTY or ABANDONED PREMISES. A property that is vacant as the result of the relinquishment of possession or control by a mortgager or the mortgager’s assigns whether or not the mortgager or mortgager’s assigns have relinquished equity and title. Property may be deemed abandoned when there is evidence of conditions, taken separately or as a whole, that would lead a reasonable person to conclude that the property was abandoned, including, but not limited to evidence of overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices, accumulation of junk, litter, trash or debris, absence of window treatments such as blinds, curtains or shutters, absence of furnishings and personal items, and statements by neighbors, delivery agents or similarly situated persons that the property is vacant.
ACCESSIBLE STRUCTURE. A building that is accessible through a compromised door, wall, window or similar structure and which is unsecured in a manner that allows access to interior space by unauthorized persons.
AGENT. A person, firm or other entity that, by agreement for payment of services, is responsible to a bank, lender, other financial institution or individual, for securing, maintaining, foreclosing upon or selling any residential property as the result of loan default or mortgage foreclosure proceedings. In this section, AGENT does not include a servicing company. Except, however, an attorney shall not be deemed to be an AGENT if that attorney is retained solely to represent a bank, lender or other financial institution in connection with a foreclosure proceeding in a Court of competent jurisdiction.
FINANCIAL INSTITUTION. Any individual, firm, corporation or entity other than a lender or duly constituted bank that asserts a collateral interest in residential real property as the result of an assignment, sale or transfer of a mortgage or similar instrument.
FORECLOSURE. Judicial and non-judicial foreclosure.
MORTGAGE. A written instrument creating a lien on real property whereby the mortgager retains the interest that the mortgager had at the time of mortgage until that interest is divested by some later act.
OCCUPIED PROPERTY or OCCUPIED PREMISES. A premises on which any person over one year of age, including an owner or operator, lives, sleeps, cooks or otherwise maintains actual possession.
SERVICING COMPANY. An individual, firm or entity that, as a regular part of its business, provides services to the owner or holder of one or more mortgage liens which services may include collection of payments, creation and administration of escrow and insurance accounts, assessment of late-payment charges, managing loss mitigation, and securing and managing foreclosed properties on behalf of the holder of a mortgage lien or the holder’s attorney or agent.
VACANT PREMISES. A building that is not lawfully occupied.
(Ord. 3756, passed 7-13-2009)