As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
ABANDONED: A property that is vacant and unmaintained.
ACCESSIBLE: A property or structure that unauthorized persons may gain access or entry to through a compromised/breached/unsecure gate, door, fence, wall, window, or other point of entry.
DAYS: Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE: A recorded document that transfers 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. 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 and/or notice of trustee's sale or there has been a foreclosure by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure.
EVIDENCE OF OCCUPANCY: Any condition visible from the exterior that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is legally occupied. Such conditions include, but are not limited to, secured/locked structures; active utility services; the absence of overgrown and/or dead vegetation; the absence of an accumulation of newspapers, circulars, fliers and/or mail; the absence of an accumulation of trash, junk and/or debris; the presence of window coverings such as curtains, blinds and/or shutters; the presence of furnishings and/or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents, or government employees that the property is legally occupied; or actual contact with occupants.
EVIDENCE OF VACANCY: Any condition visible from the exterior that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, fliers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk and/or debris; the absence of window coverings such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
FIELD SERVICE PROVIDER: An individual, entity or department that is responsible for inspecting, securing, and maintaining abandoned property.
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.
INSPECTION: A physical investigation at a property to obtain evidence of occupancy or vacancy and/or to verify compliance with this chapter and any other applicable code or law.
NEIGHBORHOOD STANDARD: Those conditions that are present on a simple majority of properties within a one-half (1/2) mile radius of the subject property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the one-half (1/2) mile 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.
OWNER: Any person, copartnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property, or a property that has been acquired by the beneficial interest at trustee's sale.
PROPERTY: Any unimproved or improved real property, or portion thereof, situated in unincorporated Gem County.
PROPERTY PRESERVATION/REAL ESTATE OWNED (REO) SECTION/DEPARTMENT: The entity, group, section, department or the designee of a beneficiary that is responsible for inspecting, securing and maintaining abandoned and REO property.
PUBLIC NUISANCE: A condition or use of property which is harmful or injurious to, or creates a danger of harm or injury to the health, safety, or welfare of the neighborhood, community, or members of the public, or which is so offensive to the senses or such an obstruction of the free use of property as to interfere with the comfortable enjoyment of life and property by the neighborhood, community, or members of the public. The term is further defined so as to include, by way of example, but not limited to, the following:
A. A condition or use of premises or property which creates a fire hazard as defined in section 4-3-1 of this title, or any traffic or safety hazard to members of the public.
B. A condition or use of premises or property which creates a health hazard by permitting, allowing, or fostering the harboring and nesting of rodents, vermin and/or insects, or which creates any other type of health hazard to members of the public.
C. A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap lumber or wood, waste petroleum products, scrap or waste paper, trash, garbage, junk, boxes or debris of any type.
D. A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap, abandoned, discarded, or unused objects such as furniture, stoves, refrigerators, freezers, cans, containers, tires, tools, or mechanical parts.
E. A condition or use of premises or property which allows the open storage, deposit, or scattering of dismantled, wrecked, junked, scrapped, discarded and unlicensed or nonoperable vehicles provided that no public nuisance shall exist under this subsection unless three (3) or more vehicles not in operating condition remain standing on the property for more than thirty (30) calendar days.
F. A condition or use of premises or property which allows the growth of weeds, grasses, bushes, shrubs, trees, or other plant life to such a size and in such a condition as to cause, or reasonably threaten to cause a fire hazard as defined in section 4-3-1 of this title, or a traffic or safety hazard because they obstruct sight, applying the measurements and standards contained in Idaho Code section 49-221, as amended, at intersections or other points at which driveways, lanes, or highways come together, or a health hazard because they provide nesting areas for rodents, vermin and/or insects, or the growth of weeds to such a size or in such condition as to interfere with the free and comfortable use of adjacent and neighboring premises and property.
SECURING: Such measures as may be directed to the record owner by the administrator of development services, county treasurer, or his or her designee, or the Gem County sheriff or his or her designee so that the property is not accessible 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. Locking includes measures that require a key, keycard, tool or special knowledge to open or gain access.
TENANT: Any person, copartnership, association, or corporation legally occupying a property with an executed lease/rental agreement with the property owner, or the owner's designated property manager.
TRUSTEE: The title company, or attorney as named on a deed of trust secured by the 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 occupied.
WEEDS: Undesirable or objectionable and nonuseful plant growth but shall not include noxious weeds as defined by Idaho Code, section 22-2402(15), as amended. (Ord. 2012-01, 11-7-2011; amd. Ord. 2014-05, 7-7-2014)