For the purposes 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 and/or notice of trustee’s sale, pending tax assessor’s lien sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
(b) “Accessible property” means a property that is accessible through a compromised/breached gate, fence, wall, etc.
(c) “Accessible structure” means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
(d) “Agreement” means 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.
(e) “Assignment of rents” means an instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.
(f) “Beneficiary” means a lender under a note secured by a deed of trust.
(g) “Buyer” means 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 subsection.
(h) “Dangerous building” means any building/structure that is violation of any condition referenced in Chapter 1313 International Property Maintenance Code.
(i) “Days” means consecutive calendar days.
(j) “Deed of trust” means an instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.
(k) “Deed in lieu of foreclosure/sale” means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
(l) “Default” means the failure to fulfill a contractual obligation, monetary or conditional.
(m) “Distressed” means a property that is under a current notice of default and/or notice of trustee’s sale and/or pending tax assessor’s lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.
(n) “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 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, passersby, delivery agents, government employees that the property is vacant.
(o) “Foreclosure” means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults.
(p) “Local” means within 40 road/driving miles distance of the subject property.
(q) “Neighborhood standard” means 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.
(r) “Notice of default” means 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.
(s) “Out of area” means in excess of 40 road/driving miles distance of the subject property.
(t) “Owner” means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.
(u) “Owner of record” means the person having recorded title to the property at any given point in time the record is provided by the Summit County Records Division.
(v) “Property” means 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.
(w) “Residential building” means 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 exchange as “residential” whether or not it is legally permitted and/or zoned for such use.
(x) “Securing” means such measures as may be directed by the Building Commissioner 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/padlocking of gates, the repair or boarding of door, window and/or other openings.
(y) “Trustee” means the person, firm or corporation holding a deed of trust on a property.
(z) “Trustor” means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
(aa) “Vacant” means a building/structure that is not legally occupied.
(Ord. 55-2009. Passed 3-24-09.)