Unless otherwise expressly stated, the following terms shall for the purpose of this chapter have the meanings indicated in this section.
(a) "Owner." Any person or entity in whose name the property is recorded or has been deeded to or to whom it is contractually or by operation of law expected to be deeded or transferred, and any person, agent, servicing company, firm, third party, business entity, financial institution or bank that has an equitable or legal interest in the property as a result of a mortgage foreclosure, assignment, sale, mortgage transfer, or similar instrument or having an agreement with an owner for the purpose of securing and/or managing the property.
(b) "Secured by other than normal means." A dwelling secured by means other than those used in the design of the dwelling.
(c) "Unoccupied." A dwelling which is not being used for occupancy by the owner or by another person authorized by the owner.
(d) "Unsecured." A dwelling or portion of a dwelling which is open to entry by unauthorized persons or animals without the use of a key, tools or ladders.
(e) "Vacant dwelling." A dwelling (excluding government-owned dwellings) which meets one or more of the following:
(1) Unoccupied and/or unsecured; or
(2) Unoccupied and secured by other than normal means; or
(3) Unoccupied and an unsafe dwelling as defined in Chapter 1345 of the Mentor Codified Ordinances.
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and exhibiting housing or building code violations; or
(6) Illegally occupied, which shall include loitering and vagrancy; or
(7) Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
(8) Unoccupied and abandoned by the property owner.
(f) "Evidence of vacancy." Any persistent condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to: significantly below standard or disconnected utility usage, overgrown and/or dead vegetation, accumulation of newspapers,circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows, interior mold growth on and around windows and window coverings, abandoned vehicles, auto parts or materials, the absence of window coverings such as curtains, blinds, and/or shutters, the absence of interior furnishings and/or personal items consistent with habitation or occupation, or statement(s) by persons with personal knowledge, such as neighbors, that the dwelling is vacant.
(g) "Entity"
(1) A for profit corporation existing under the laws of this state or any other state;
(2) Any of the following organizations existing under the laws of this state, the United States, or any other state:
A. A business trust or association;
B. A real estate investment trust;
C. A common law trust;
D. An unincorporated business or for profit organization, including a general or limited partnership;
E. A limited liability company;
F. A nonprofit corporation.
(Ord. 14-O-24. Passed 4-1-14.)
(Ord. 14-O-24. Passed 4-1-14.)