(a) "Person" means a natural person or any legal entity, including, but not limited to, a corporation, firm, partnership, trust or association. "Person" shall not include a taxing authority filing a foreclosure action due to delinquent property taxes.
(b) "Abandoned" means a structure that is unoccupied as the result of the relinquishment of possession or control by an owner or other person with the right of possession or control of the structure, a mortgagor or the mortgagor's assigns whether or not the mortgagor or mortgagor's assigns have relinquished equity and title. A structure may be deemed abandoned when there is evidence of conditions, taken separately or as a whole, that would lead a reasonable person to conclude that the property was abandoned, including, but not limited to, evidence of overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, mail, past due utility notices, or other means of notice by publication, the accumulation of junk, litter, trash, or debris, absence of windows or window treatments, absence of furnishings and personal items, statements of neighbors, delivery agents or similarly situated persons that the property is abandoned.
(c) "Beneficiary" means the current beneficiary (either the original beneficiary or the assignee(s), including, but not limited to, a lender, under a note secured by a deed of trust.
(d) "Beneficiary's designated agent" means an entity, including, but not limited to, a servicing company that has contracted with the Beneficiary to perform duties related to the note secured by a deed of trust, including, but not limited to, the collection of installment payments on the note and administration of any default and foreclosure process.
(e) "Code Official" has the same meaning as that set forth in Section 1309.01(c) of the Codified Ordinances of the City of Massillon, or his or her designee.
(f) "Codes" means the Codified Ordinances of the City of Massillon or those adopted by said Codified Ordinance.
(g) "Days" means calendar days.
(h) "Evidence of vacancy" 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, overgrown and/or dead vegetation; unmaintained pools or spas; an accumulation of newspaper, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities; an 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, and/or government employees that the property is vacant.
(i) "Inspector" means a person employed by or under contract to the City of Massillon to perform inspections to determine compliance with Codes and to order corrective measures and/or initiate administrative, civil, or criminal proceedings.
(j) "Owner" means 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 person, 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, or a lender or servicing company. Under this definition, there may be more than one "Owner" of a property for purposes of this Chapter.
(k) "Property in default" means a residential property within the city that is subject to a current Notice of Default and/or Notice of Trustee's Sale, or the filing of compliant for foreclosure.
(l) "REO property" (Real-Estate Owned property) means a residential property within the city for which title has transferred to the mortgagee, including but not limited to, a lender or servicing company, as the result of a foreclosure sale or deed in lieu of foreclosure.
(m) "Responsible party" means, for a property in default, the beneficiary and/or the beneficiary's designated agent; and for REO property, the owner or the owner's designated agent. In the event that there is more than one responsible party for a single property, each responsible party shall be jointly and severally liable for compliance with the provisions of this
chapter.
(n) "Secure" means a covering shall be placed over all doors and windows which are within fifteen feet of the exterior grade, consisting of one-half inch thick plywood attached to the framing of all such doors and windows by wood screws of a minimum length of one and one-half inches, placed twelve inches on center and the plywood shall be properly painted. In order to be considered Secure, a property must also be in compliance with all requirements of the Massillon Property Maintenance Code.
(o) "Vacant" means a structure that is not lawfully occupied or that otherwise qualifies as "Abandoned" under this Section. Multi-family 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. Commercial structures shall be considered vacant when all commercial activity has ceased at the site or that otherwise qualifies as "Abandoned" under this Section. Multi-tenant commercial structures shall be considered vacant when substantially all of the units are not lawfully occupied or engaging in commercial activity, or that otherwise qualifies as "Abandoned" under this Section. Industrial structures shall be considered Abandoned when all industrial or manufacturing activity has ceased at the site or that otherwise qualifies as "Abandoned" under this Section. Multi-tenant industrial structures shall be considered vacant when substantially all of the units are not lawfully occupied or engaging in industrial or manufacturing activity, or that otherwise qualifies as "Abandoned" under this Section. In determining whether a 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 shall not be considered vacant.
(Ord. 62-2017. Passed 7-10-17.)