For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. Any building, structure or real property that is vacant or occupied by a person without a legal right of occupancy, and subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale.
ACCESSIBLE PROPERTY. Real property that is accessible to the public, either in general or through an open and unsecured door, window, gate, fence, wall, or the like.
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.
ASSIGNMENT OF RENTS. An instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another.
BENEFICIARY. A lender participating in a real property transaction that holds a secured interest in the real property in question identified in a deed of trust.
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.
DANGEROUS BUILDING. Any building or structure reasonably deemed by qualified city staff to represent a violation of any provision specified in Chapter 95B.
DAYS. Calendar days.
DEED OF TRUST. An instrument whereby an owner of real property, as trustor, transfers a secured interest in the real property in question to a third party trustee, said instrument relating to a loan issued in the context of a real property transaction. This definition applies to any and all subordinate deeds of trust, such as second trust deed, third trust deed, and the like.
DEED IN LIEU OF FORECLOSURE. A recorded instrument that transfers ownership of real property between parties to a particular deed of trust as follows: from the trustor, borrower, to the trustee upon consent of the beneficiary, lender.
DEFAULT. The material breach of a legal or contractual duty arising from or relating to a deed of trust, such as a trustor's failure to make a payment when due.
DISTRESSED. Any building, structure or real property that is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy or occupancy by a person with no legal right of occupancy.
ENFORCEMENT OFFICIAL. The City Manager, the Building Official, the Chief of Police and/or any employee or agent of the city designated and/or charged with enforcing the code, 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 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, passersby, delivery agents, 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, borrower.
LOCAL. Within 40 driving miles of the building, structure or real property in question.
NEIGHBORHOOD STANDARD. The condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard no abandoned or distressed building, structure or real property shall be considered.
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.
OUT OF AREA. In excess of 40 road or driving miles of the subject property.
OWNER. Any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or any interest in real property.
OWNER OF RECORD. The person holding recorded title to the real property in question at any point in time when official records are produced by the Riverside County Recorder's Office.
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.
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/pad locking gates, the 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.
TRUSTEE. Any person, partnership, association, corporation, fiduciary or other legal entity holding a deed of trust securing an interest in real property.
TRUSTOR. Any owner/borrower identified in a deed of trust, who transfers an interest in real property to a trustee as security for payment of a debt by that owner/trustor.
VACANT. Any building, structure or real property that is unoccupied or occupied by a person without a legal right of occupancy.
(Ord. 1530, passed 3-5-08)