For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates and requires a different meaning.
   ABANDONED. A property is abandoned when mortgage foreclosure proceedings have been initiated for that property, no mortgage payments have been made by the property owner for at least ninety (90) days, and the property has been unoccupied for at least ninety (90) days.
   CITY.  The City of Palm Bay, Florida.
   CITY MANAGER.  The City Manager of the City of Palm Bay or other person(s) designated by the City Manager to carry out the enumerated responsibilities of the City Manager in this chapter.
   DAYS. Consecutive calendar days.
   FORECLOSING. The process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
   INITIATION OF THE FORECLOSURE PROCESS. Taking any of the following actions:
      (1)   Taking possession of a residential property;
      (2)   Delivering the mortgagee's notice of intention to foreclose to the borrower; or
      (3)   Commencing a foreclosure action on a property in Brevard County Circuit or County Court.
   LOCAL. Within twenty (20) driving miles distance of the property in question.
   MORTGAGEE.  The creditor, including but not limited to, service companies, lenders in a mortgage agreement and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
   OWNER.  Every person, entity, service company, property manager or real estate broker, who alone or severally with others:
      (1)   Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park; or
      (2)   Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratix, trustee or guardian of the estate of the holder of legal title; or
      (3)   Is a mortgagee in possession of any such property; or
      (4)   Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
      (5)   Is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he were the owner. However, this chapter shall not apply to a Condominium Association created pursuant to Fla. Stat. Ch. 718; a Cooperative Association created pursuant to Fla. Stat. Ch. 719; or a Homeowner's Association created pursuant to Fla. Stat. Ch.720 , to the extent that such association forecloses on or initiates the foreclosure process for unpaid assessments due or owing to the association. OWNER also means every person who operates a rooming house; or
      (6)   Is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process.
   PROPERTY. Any real, residential property, or portion thereof located in the City of Palm Bay, including building or structures situated on the property. For purposes of this chapter only, property does not include property owned or subject to the control of the city or any of its governmental bodies. Such property includes, but is not limited to, property owned or controlled by the Bayfront Community Redevelopment Agency.
   RESIDENTIAL PROPERTY. Any property that contains one (1) or more dwelling units used, intended, or designed to be occupied for living purposes.
   SECURING. Measures that assist in making the property inaccessible to unauthorized persons.
(Ord. 2008-61, passed 11-20-08)