For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires 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 village to enforce the applicable code(s).
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 or FORECLOSURE ACTION. 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.
LANDLORD. One or more persons or entities, jointly or severally, including a mortgage holder in possession of real property, whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, who rents, leases, or lets for consideration any rental property.
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; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
OWNER. Every person, entity, landlord, or mortgagee, who alone or severally with others, has legal or equitable title to any real property as defined by this chapter; has legal care, charge, or control of any such property; is in possession or control of any such property; and/or is vested with possession or control of any such property. The property manager shall not be considered the owner.
PROPERTY MANAGER. Any party designated by the owner as responsible for inspecting, maintaining and securing the property as required in this chapter.
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 village limits.
REGISTRABLE PROPERTY.
(1) Any real property located in the village, whether vacant or occupied, that is encumbered by a mortgage that is subject to an ongoing foreclosure action by the mortgagee or trustee, has been the subject of a foreclosure action by a mortgagee or trustee and a judgement has been entered, 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 "foreclosure" property as "registrable" 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 property that is vacant for more than 30 days or any cancellation of utility or service, whichever occurs first; or
(3) Rental property, as defined herein.
REGISTRY. A web-based electronic database of searchable real property records, used by the village to allow mortgagees, landlords, and owners the opportunity to register properties and pay applicable fees as required in this chapter.
RENTAL PROPERTY. Any improved structure or portion of a structure within the village which is occupied by someone other than the owner or landlord of the real property for residential or commercial purposes, including but not limited to the following: any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, rooming house, mobile home, mobile home park, mobile home space, recreational vehicle park, town home, or condominium and for which the owner and/or landlord receives any value or consideration, including but not limited to money, or the exchange of goods or services, regardless of the relationship between lessor and lessee.
LONG-TERM RENTAL PROPERTY. Rental property which the owner and/or landlord rents or leases for a term of 181 days or longer.
SHORT-TERM RENTAL PROPERTY. Rental property which the owner and/or landlord rents or leases for a term not exceeding 180 days.
SEMI-ANNUAL REGISTRATION. Six months from the date of the first action that requires registration, as determined by the village, or its designee, and every subsequent six 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 village 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 village that contains any building or structure that is not lawfully occupied.
(Ord. 4427, passed 9-21-2020)