For the purpose this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEFAULT. When a mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.
ENFORCEMENT OFFICER. Any law enforcement officer, building official, zoning administrator, code enforcement officer, property maintenance specialist, fire inspector, building inspector, or other person authorized to enforce this chapter.
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.
FORECLOSURE OR FORECLOSURE ACTION. The legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. A foreclosure action is not concluded until the property obtained by the mortgagee or their designee is sold to a non-related bona fide purchaser in an arm's length transaction.
MORTGAGEE. The creditor, including but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
OWNER. Any person, entity, or mortgagee, who alone or severally with others, has legal or equitable title to any real property as defined by this chapter; has legal care, charge, or control of any such property; is in possession or control of any such property; and/or is vested with possession or control of any such property.
PROPERTY MANAGER. Any party designated by the owner as responsible for inspecting, maintaining and securing the property as required by this chapter. The property manager shall not be considered the owner.
REAL PROPERTY. A parcel of land, whether laid out in town lots or otherwise, including all growing crops, deciduous and evergreen trees, plants, and shrubs, with all things contained therein, and all buildings, structures, improvements, and fixtures of whatever kind on the land, and all rights and privileges belonging or appertaining thereto.
REGISTRABLE PROPERTY. Either
(1) Any real property located in the city, whether vacant or occupied, that is encumbered by a mortgage subject to an ongoing foreclosure action by the mortgagee or trustee, or has been the subject of a foreclosure action by a mortgagee or trustee with a judgement entered, or has been the subject of a foreclosure sale in which the title was transferred to the beneficiary of a mortgage involved in the foreclosure.
(2) Any real property transferred by a deed in lieu of foreclosure.
(3) Any property that is vacant for more than 30 days, or upon shut-off of a utility service, whichever occurs first. The designation of a "foreclosure" property as "registerable" shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed by the Hamilton County Court of Common Pleas.
REGISTRY. A web-based electronic database of searchable real property records, to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required in this chapter.
SEMI-ANNUAL REGISTRATION. The requirement to register from the date of the first action that requires registration, as determined by the city, or its designee, and every subsequent six months. The date of the initial registration may be different than the date of the first action that required registration.
SERVICES. Functions that are essential for a property comply with all city codes including, but not limited to: utilities, lawn maintenance, pool maintenance, drainage, leaf removal and snow removal.
UTILITIES. Potable water, electricity, and (in structures so equipped) natural gas, steam, or other fuel used for heating and/or cooking, any of which is delivered without interruption and available at all times to a structure used for human habitation.
VACANT. Any tract or parcel of land with any building or structure that is not lawfully occupied.
(Ord. 04-2020, passed 3-17-20)