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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED REAL PROPERTY. Real property is abandoned when:
(1) Mortgage foreclosure proceedings or tax a sale has been initiated for that property, and the property is vacant;
(2) Where the title was retained by the beneficiary of a mortgage involved in the foreclosure; or
(3) Any properties transferred under a deed in lieu of foreclosure or sale.
DAYS. Consecutive calendar days.
DEFAULT. When used in reference to a mortgage in DEFAULT means that the mortgage holder has decided to file a mortgage foreclosure action on the defaulted mortgage. A mortgage shall not be in DEFAULT until a time as the mortgagee declares the mortgage to be in DEFAULT either in writing or by its actions, or commences foreclosure proceedings in court.
ENFORCEMENT OFFICER. Any full time law enforcement officer, building official, fire inspector or code officer employed by the town.
FORECLOSURE. 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 real 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 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;
(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;
(3) Is a mortgagee in possession of any property;
(4) Is an agent, trustee or other person appointed by the courts and vested with possession or control of any property;
(5) Is an officer or trustee of the association of unit owners of a condominium; each person is bound to comply with the provisions of these minimum standards as if he or she were the OWNER. However, this subchapter shall not apply to a either condominium association created pursuant to F.S. Ch. 718; a cooperative association created pursuant to F.S. Ch. 719; or a homeowner’s association created pursuant to F.S. Ch. 720 to the extent that the 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 property, or portion thereof located in the town, including building or structures situated on the property. For purposes of this subchapter only, PROPERTY does not include property owned or subject to the control of the town or any of its governmental bodies.
SECURING. Measures that assist in making the property inaccessible to unauthorized persons.
TOWN. The Town of Palm Shores, Florida.
TOWN MAYOR. The Mayor of the town or other person(s) designated by the Town Mayor to carry out the enumerated responsibilities of the Town Mayor in this subchapter.
VACANT. Any building/structure that is not occupied by humans beings or is uninhabited.
(Ord. 2009-04, passed 7-28-2009)