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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. a property that is vacant and is under a current (i) notice of default; (ii) Pending mortgage or tax lien sale; (iii) properties that have been the subject of foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; and/or (iv) any properties transferred under a deed in lieu of foreclosure.
ACCESSIBLE PROPERTY. a property that is accessible through a compromised/breached gate, fence, wall, and the like.
ACCESSIBLE STRUCTURE. A structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
AGREEMENT OF SALE. Any agreement or written instrument, which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.
ASSIGNMENT OF RENTS. An instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.
BENEFICIARY. A lender under a note secured by a mortgage lien.
BUYER. Any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this section.
CREDITOR. A federal or state chartered bank, savings bank, savings and loan association, or credit union, and any entity acting on behalf of the creditor named in the debt obligation, including but not limited to servicers.
DANGEROUS BUILDING. Any building/structure that is in violation of any condition referenced in § 108.1.1 of the 2006 International Property Maintenance Code.
DAYS. Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE. A deed which conveys residential property to the mortgagee or lender in lieu of such mortgagee’s or lender’s pursuing court foreclosure following default of the underlying secured note.
DEFAULT. The failure to fulfill a contractual obligation, monetary or conditional.
DISTRESSED. A property that is under a current notice of default or pending mortgage or tax lien sale, properties that have been the subject of foreclosure sale where the title was retained by the mortgagee or lender involved in the foreclosure, and/or any properties transferred to a mortgagee or lender under a deed in lieu of foreclosure.
EVIDENCE OF VACANCY. Any condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant. 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, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements by neighbors, passerby, delivery agents, government employees that the property is vacant.
FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold through the courts at auction to satisfy the debt if the owner/borrower/mortgagor defaults.
LENDER/MORTGAGEE. The person or entity who is the secured party under any mortgage instrument.
LOCAL. Within 40 road/driving miles distance of the subject property.
NEIGHBORHOOD STANDARD. Those conditions that are present on a simple majority of properties within a 300 foot radius of an individual property. A property that is the subject of a NEIGHBORHOOD STANDARD comparison, or any other abandoned property within the 300 foot radius, shall not be counted toward the simple majority.
NOTICE OF DEFAULT. A recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee’s sale.
OUT OF AREA. In excess of 40 road/driving miles distance of the subject property.
OWNER. Any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.
OWNER OF RECORD. The person having recorded title to the property.
PROPERTY. Any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition.
RESIDENTIAL BUILDING. Any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchanges as “residential” whether or not it is legally permitted and/or zoned for such use.
SECURING. Such measures as may be directed by the Director of Codes Enforcement or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/pad locking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required.
VACANT. means a building/structure that is not legally occupied.
(Ord. 12-15, passed 5-22-12)