For the purposes of this chapter:
(a) "Beneficiary" means the current beneficiary (either the original beneficiary or the assignee(s)), including, but not limited to, a lender, under a note secured by a deed of trust.
(b) "Beneficiary's designated agent" means an entity, including, but not limited to, a servicing company that has contracted with the Beneficiary to perform duties related to the note secured by a deed of trust, including, but not limited to, the collection of installment payments on the note and administration of any default and foreclosure process.
(c) "Days" means calendar days.
(d) "Evidence of vacancy" means any condition visible from the exterior of the property that alone or in combination with other existing conditions 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; unmaintained pools or spas; an accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; an 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, passersby, delivery agents, and/or government employees that the property is vacant.
(e) "Legal owner" means the person or entity having record title to the property as shown in the county recorder's office.
(f) "Legal owner's designated agent" means an entity, including, but not limited to, a servicing company, that has contracted with the legal owner to perform duties related to the property.
(g) "Neighborhood standard" means those conditions that are present on a simple majority of properties within a 300 foot radius of the relevant property. A property in default or a REO property that is vacant or shows evidence of vacancy within a 300 foot radius of the relevant property shall not be counted toward the simple majority.
(h) "Property in default" means a residential property within the city that is subject to a current Notice of Default and/or Notice of Trustee's Sale.
(i) "REO property" ("Real-Estate Owned" property) means a residential property within the city for which title has transferred to the mortgagee, including, but not limited to, a lender or servicing company, as the result of a foreclosure sale or deed in lieu of foreclosure.
(j) "Responsible party" means, for a property in default, the beneficiary and/or the beneficiary's designated agent; and for a REO property, the legal owner and/or the legal owner's designated agent. In the event that there is more than one responsible party for a single property, each responsible party shall be jointly and severally liable for compliance with the provisions of this ordinance.
(k) "Vacant" means property that is unoccupied by the legal owner or by persons with the consent of the legal owner for a period of more than 30 days; or which presents evidence of vacancy for a period of more than 30 days and which is not occupied by the legal owner or an individual with the consent of legal owner for the purposes of occupation. (Ord. 14-117. Passed 10-14-14.)