As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise:
ENFORCEMENT OFFICER OR CODE ENFORCEMENT OFFICERS: Refers to the City's Code Enforcement Officer (defined at section 1-13-2 of this Code) or his or her designee, the City Administrator or his or her designee, or the building official or his or her designee.
EVIDENCE OF FORECLOSURE STATUS: Means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is a foreclosure property. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or debris; statements by neighbors, passersby, delivery agents, or government employees that the property is in foreclosure; the presence of boards over doors, windows or other openings in violation of applicable Building Code; and for residential properties, the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation.
FORECLOSURE: Means the legal processes described in title 61, Revised Code of Washington, in which a mortgagee or other lien holder terminates 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. For purposes of this section, the foreclosure process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title or other means, is sold to a non-related, bona fide purchaser in an arms'-length transaction to satisfy the debt or lien.
FORECLOSURE PROPERTY: Means a property that is: a) under a current notice of default and/or notice of trustee's sale; b) the subject of a pending Tax Assessor's lien sale; c) the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; d) a property title to which has been transferred under a deed in lieu of foreclosure/sale; or e) subject to a contract forfeiture. Property acquired by a government agency at a tax foreclosure sale under chapter 84.64 Revised Code of Washington is not "foreclosure property" within the meaning of this section. For purposes of this section, a property remains a foreclosure property until it is sold at an arms'-length transaction to a non-related bona fide purchaser or until the foreclosure action has been dismissed and any default has been cured.
LENDER: Means any person who makes, extends, holds, or services a real estate loan agreement and includes, but is not limited to, mortgagees; beneficiaries under deeds of trust; underwriters under deeds of trust; vendors under conditional land sales contracts; trustees and a successor in interest to any mortgagee, beneficiary, vendor or trustee and any other lien holder on the property. The term also includes any mortgagee, beneficiary or trustee that accepts a deed in lieu of foreclosure.
OWNER: Means any individual or group of natural persons, partnership, association, corporation or other entity having legal or beneficial title in real property including any borrower.
PROPERTY: Means any unimproved or improved, residential or commercial real property, or portion thereof, situated in the City, and includes the buildings or structures located on the property regardless of condition.
RESPONSIBLE PARTY: Means any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property, including but not limited to an owner, and lender, as defined in this chapter, as well as individual property manager, property management company, or similar person or entity, responsible for and having the authority to make decisions and required expenditures concerning, the maintenance and security of a foreclosure property and the abatement of nuisance conditions at the property.
VACANT: Means a subject property that is not legally occupied. (Ord. 2018-1034, 9-26-2018)