For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSIBLE PROPERTY STRUCTURE. A structure accessible through a compromised or breached gate, fence, wall, etc. or a structure that is unsecured in such a way as to allow access to the interior space by unauthorized persons.
APPLICABLE CODES. The Orland Hills Code of Ordinances (“Village Code”) and all other ordinances, statutes and laws applicable to property located in the village.
BLIGHTED PROPERTY.
(1) Property with broken or severely damaged windows, doors, walls or roofs that create hazardous conditions or encourage trespassing;
(2) Property cited for being a public nuisance; or
(3) Property that endangers the public health, safety or welfare because the property or improvements thereon are dilapidated, deteriorated or violate the minimum health and safety standards or lack maintenance required by the applicable codes.
DEFAULT. A situation where the mortgagor of Real Property has not complied with the terms of the mortgage on the Real Property, or the promissory note, or other evidence of the debt, referred to in the mortgage.
DEFAULTED PROPERTY. Any real property that is subject to a default.
ENFORCEMENT OFFICER. Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, plumbing inspector or other person authorized by the village to enforce the applicable codes.
EVIDENCE OF VACANCY. Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the Real 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; an 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, circular, flyers and/or mail; statements by neighbors, passers-by, delivery agents or government agents; and/or boards over doors, windows or other openings in violation of the applicable codes.
FORECLOSURE OR FORECLOSURE ACTION. The legal process by which a mortgagee or other lien holder terminates or attempts to terminate an owner's Equitable right of redemption to obtain legal and equitable title to real property pledged as security for a debt not limited to public notice of default, a deed in lieu of foreclosure, sale to the mortgagee or lienholder, certificate of title and all other processes, activities and actions, by whatever name, associated with the
described process. The legal process is not concluded until the real property is obtained by the mortgagee, lienholder or their designee, by a certificate of title or any other means as is sold to a non-related bona fide purchaser in an arm's length transaction to satisfy a mortgage or lien against the real 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 a mortgage agreement; or any other person or entity with the legal right to foreclose on real property, excluding government entities.
OWNER. Every person, entity or mortgagee, who alone or severally with others, has legal or equitable title to any real property; 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 real property. A property manager shall not be considered an owner.
PROPERTY MANAGER. Any party designated by the owner as being 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 tax identification number located in the village.
REGISTRABLE PROPERTY.
(1) Any real property, whether vacant or occupied, that is encumbered by a mortgage in default, is subject to an ongoing foreclosure action by the mortgagee, has been the subject of a foreclosure action by a mortgagee and a judgment 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 real property transferred under a deed in lieu of foreclosure. The designation of a real property as registrable property shall remain in effect until the property is sold to a non-related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed and any default on the mortgage has been cured; or
(2) Real property where one or more of the dwelling units has been vacant for more than 60 days; or
(3) Real property where any utility service has been terminated for more than 48 hours.
REGISTRY. A web-based electronic database of searchable real property records, used by the village to allow mortgagees and owners the opportunity to register real properties and pay fees as required in this subchapter.
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 six months thereafter. The date of the initial registration may differ from the date of the first action that required registration.
VACANT. Any real property containing a building or structure not lawfully occupied.
VILLAGE. The Village of Orland.
(Ord. 2019-001, passed 3-20-19)