(a) "Abandoned" means a structure that is unoccupied as the result of the relinquishment of possession or control by an owner or other persons with the right of possession or control of the structure, a mortgagor or the mortgagor's assigns whether or not the mortgagor or the mortgagor's assigns have relinquished equity and title. A structure may be deemed abandoned when there exists evidence of conditions, taken independently or as a whole, that would lead a reasonable individual to conclude that the property was abandoned, including, but not limited to evidence of overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, mail, or other means of notice by publication; the accumulation of rubbish, junk, litter, or debris; absence of windows or window treatments; absence of furnishings and personal items; statements of neighbors, delivery agents or similar situated persons, that the property is abandoned.
(b) "Codes" means the Codified Ordinances of the City of Lorain, Ohio or those adopted by said Codified Ordinances.
(c) "Days" means calendar days.
(d) "Evidence of Untenanted" means any condition visible from the exterior of the property that alone or in combination with other existing conditions would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrowth of noxious weeds and/or dead vegetation; unmaintained accessory structures; an accumulation of periodicals, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; an accumulation of rubbish, 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, and/or government employees that the property is vacant.
(e) Financial institution means one or more of the following:
(1) An insured depository institution;
(2) A credit union with accounts insured by the National Credit Union Share Insurance Fund;
(3) A Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act), of the Federal home loan bank system;
(4) A System institution of the Farm Credit System, as defined in section 5.35(3) of the Farm Credit Act of 1971;
(5) A small business investment company, as defined in section 103 of the Small Business Investment Act of 1958;
(6) A depository institution holding company as defined in section 3(w)(1) of the Federal Deposit Insurance Act;
(7) A Federal Reserve bank or a member bank of the Federal Reserve System;
(8) An organization operating under section 25 or section 25(a)(1) of the Federal Reserve Act;
(9) A branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); or
(10) A mortgage lending business (as defined in 18 U.S. Code§ 27) or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974.
(f) "Inspector" means a person employed by or under contract to the City of Lorain, Ohio to perform inspections to determine compliance with the codes and to order corrective actions and/or initiate administrative, civil, or criminal proceedings.
(g) "Legal Owner" means the person or entity having record title to the property as shown in the Lorain County Recorder's Office.
(h) "Legal Owner's Designated Agent" means an entity, including but not limited to, a servicing company that has contracted with the legal owner to perform duties related to the property.
(i) "Neighborhood Standard" means those properties within a 300 foot radius of the relevant property. A property in default or an REO property that is vacant or shows evidence of vacancy within a 300 foot radius of the relevant property shall not be counted toward the simple majority.
(j) "Portfolio Loan" means a loan originated and retained by a financial institution.
(k) "Owner" shall mean the registered owner of a property; any person who holds legal or equitable title to the property; is a mortgagee; a vendee-in-possession; assignee of rents; executor; trustee; lessee; agent or any other persons, firm or corporation that is directly or indirectly in control of a property. The owner of a property in default or for which a foreclosure action is pending or for which a judgment in foreclosure has been issued, shall include the mortgagee; the successor in interest to the mortgagee; the lender or servicing company; and any agent acting for the mortgagee, its successors, a lender or servicing company. Under this definition there may be more than one "Owner" of a property for purposes of this Chapter.
(Ord. 154-14. Passed 10-20-14.)
(l) "Secure" means a covering shall be placed over all doors and windows which are within fifteen (15) feet of the exterior grade, consisting of one-half (1/2) inch thick clear polycarbonate attached to framing of all such doors and windows by wood screws of a minimum length of one and one-half (1 1/2) inches, placed twelve (12) inches on center. In order to be considered secure, a property must also be in compliance with all requirements of the Property Maintenance Code of the City of Lorain, Ohio.
(Ord. 75-21. Passed 5-17-21.)
(m) "Vacant" means empty and/or unoccupied residential structure that is not lawfully occupied or that otherwise qualifies as "Abandoned" under this section. Multifamily residential structures shall be considered vacant when substantially all of the dwelling units are not lawfully occupied or that otherwise qualifies as "Abandoned" under this section.
In determining whether a residential structure is vacant, it is also relevant to consider, among other factors, the percentage of the overall square footage of the building or floor not in use to the occupied space; the condition and value of any items in the structure; and the presence of rental or for sale signs on the property.
A property that is temporarily unoccupied and is in the process of being renovated under proper and unexpired permits in which the necessary inspections have been performed shall not be considered vacant.
A property that is listed for sale with a licensed realtor under a fully executed listing agreement shall not be considered vacant for the first six( 6) months of the listing agreement under which the property was initially listed for sale. Such property shall be considered vacant for the purposes of this section upon the expiration of the first six ( 6) months for which it is initially listed for sale or upon a subsequent relisting with the same or different licensed realtor. Unoccupied property listed as "For Sale by Owner," shall be considered vacant for the purposes of this section. (Ord. 154-14. Passed 10-20-14.)