For the purpose of this chapter, certain words and phrases used in this chapter are defined as follows:
(a) "Abandoned" means a property that is vacant and is under a current notice of default with any foreclosing entity and/or notice of trustee's sale, is subject to a current foreclosing action, a finding of foreclosure has been issued relative to the property, properties that have been the subject of a foreclosure where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, is pending tax assessor's lien sale, has been sold at a sheriff sale, is owned by a foreclosing entity, or has been transferred via a deed in lieu of foreclosure.
(b) "Accessible property" means a property that is accessible through a compromised or breached gate, fence, wall, or other opening proving access.
(c) "Accessible structure" means a house, building or other structure that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
(d) "Boarding" means a method of securing an opening to prevent entry.
(e) "Buyer" means any person, partnership, co-partnership, association, corporation, fiduciary or other entity that agrees to transfer anything of value in consideration for property.
(f) "Deed in lieu of foreclosure" means a recorded document that transfers ownership of a property from the mortgagor to the mortgagee.
(g) "Default" means the failure to fulfill a contractual obligation, whether monetary or conditional.
(h) "Distressed" means a property that is the subject of a pending foreclosure suit, has been foreclosed upon by the foreclosing entity, is set for sheriff's sale, has been sold at a sheriff's sale or has been conveyed to the mortgagee via a deed in lieu of foreclosure.
(i) "Evidence of vacancy" means 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 or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnection of utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishing or personal items, statements based on observations by neighbors, passersby, delivery agents or government employees that the property is vacant.
(j) "Foreclosing entity" means an entity holding a note secured by a mortgage, an entity holding a lien recorded with Logan County Recorder's Office, a non-government entity that holds an interest in delinquent property taxes, an entity that takes property via a deed in lieu of foreclosure, an entity that has purchased a property from a sheriff's sale, a government entity that accepts property as a result of a government insured mortgage or loan.
(k) "Foreclosure" means the process by which a foreclosing entity seeks a decree of foreclosure from the Logan County Common Pleas Court.
(l) “Mortgage" means an agreement between a mortgagor and a mortgagee by which a mortgagee retains an interest in real estate title as collateral for a loan. This definition applies to any and all subsequent mortgages, i.e., second mortgage, third mortgage, etc.
(m) "Mortgagee" means the person, partnership, co-partnership, association, corporation, lender, fiduciary or any other entity holding a mortgage on a property.
(n) "Mortgagor" means a borrower under a mortgage.
(o) “Out of Area Foreclosing Entity” means a foreclosing entity that has its principal place of business located beyond 50 miles of the Village Corporation Limits.
(p) "Owner" means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or Municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(q) "Property" means any unimproved or improved real property or portion thereof, situated in the Village including any house, building or other structures that may be located on the property regardless of condition.
(r) "Securing" means such measures as may be directed by the Village Code Enforcement Officer that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repair or replacement of doors, windows, or other openings.
(s) "Vacant" means a house, building or other structure deemed to be vacant if no person or persons actually or currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s).
(Ord. 12-1074. Passed 7-2-12.)