The following words, terms, and phrases, when used in this subchapter of Chapter 151, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
DEFAULT. That the 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 inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the City to enforce the Code of Ordinances of the City of Lockport or the laws and regulations of the State of Illinois.
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. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code.
FORECLOSURE. 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. The legal process is not concluded until the property obtained by the Mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non-related bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
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.
OWNER. Every person, entity, who alone or severally with others, has legal or equitable title to any real property as defined by this Chapter.
PROPERTY MANAGER. Any party designated by the owner of the Mortgagee in possession as responsible for inspecting, maintaining and securing the property as required in this subchapter.
REAL PROPERTY. Any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the city limits.
REGISTRABLE PROPERTY.
(1) Any real property located in the city, whether vacant or occupied, that is encumbered by a mortgage in default, is subject to a pending foreclosure action by the Mortgagee, is subject to an application for a tax deed or a pending tax assessor's lien sale, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. The designation of a property as a Registrable Property 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; or
(2) Any real property that is vacant or unoccupied for more than thirty (30) days.
(3) Exemption: Vacant property not subject to mortgage foreclosure action which is not required to be registered if:
(a) The vacant property is subject to an active building permit for repair or rehabilitation in which the owner is progressing diligently to complete the repair or rehabilitation or
(b) The vacant property is not in a state of disrepair or deterioration and is actively being marketed for sale, lease or rent and the property is being actively being maintained and monitored by the owner; or
(c) The vacant property is not in a state of disrepair or deterioration and is temporarily unoccupied while the owner is hospitalized, on vacation, or traveling on business and the property is being maintained or monitored by the owner or owner's agent or family; or
The exemption shall only be applicable upon the submission of an affidavit by the owner affirming under oath that said property qualifies for the exemption from registration, but in no case shall this exemption from registration apply for a period longer than twelve (12) months from date of submission of the affidavit.
REGISTRY. A web-based electronic database of searchable real property records, used by the city to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required in this subchapter.
SEMI-ANNUAL REGISTRATION. Six (6) months from the date of the first action that requires registration, as determined by the City, or its designee, and every subsequent six (6) months. The date of the initial registration may be different than the date of the first action that required registration.
UTILITIES AND SERVICES. Any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all city codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT. Any parcel of land in the city that contains any building or structure that is not lawfully occupied.
(Ord. 20-010, passed 5-6-20)