The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACCESSIBLE PROPERTY: A property that is accessible through a compromised, breached, or broken gate, fence, or other entry point.
ACCESSIBLE STRUCTURE: A structure that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
BENEFICIARY: A lender, lender's designee, nominee, or servicer under a note secured by a deed of trust or mortgage.
COMMERCIAL BUILDING: A building used for the barter, exchange, sale, service, or trade of goods, materials, or services, either tangible or intangible for financial, material, or monetary gain.
DAYS: Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE OR SALE: 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.
DEED OF TRUST: An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. This definition includes any subsequent deeds of trust.
DEFAULT: The failure to fulfill a contractual obligation, monetary or conditional.
ENFORCEMENT OFFICIAL: The city manager, the building official, the fire chief, the chief of police, and/or any of the city department officials, including code enforcement officers, who are responsible for enforcing the provisions of this chapter.
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 or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk, or debris, the absence of window coverings such as curtains, blinds, or shutters, the absence of furnishings or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, and government employees that the property is vacant.
FORECLOSURE: Procedure whereby property pledged as security for a debt is sold to pay the debt in the event of default in payments or terms.
LOCAL: Located within sixty (60) road or driving miles distance of the subject property.
MORTGAGE: An instrument by which a borrower pledges certain real property or collateral as guarantee for the repayment of a loan.
MORTGAGEE: The lender in a mortgage loan transaction.
MORTGAGOR: The borrower in a mortgage loan transaction.
NOTICE OF DEFAULT: A notice issued pursuant to the applicable real estate security document or required by law that a default has occurred under a deed of trust or mortgage.
OUT OF STATE BENEFICIARY: A beneficiary who does not have a physical presence in the state of Iowa.
OWNER: Any person, partnership, association, corporation, fiduciary, or other legal entity having a legal or equitable title or any interest in real property.
OWNER OF RECORD: The person holding recorded title to the property at any point in time when official records are produced by the county recorder's office.
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.
REGISTERED REPRESENTATIVE: The person designated by a beneficiary as the beneficiary's representative for purposes of accepting notice, service, and summons on behalf of the beneficiary and for otherwise ensuring compliance with the requirements of this code.
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 exchange as "residential" whether or not it is legally permitted or zoned for such use.
SECURING: Such measures as may be directed by an enforcement official that assist in rendering the real property inaccessible to unauthorized persons, including, but not limited to, repairing fences and walls, chaining or padlocking of gates, and the repairing or boarding of doors, windows, or other openings.
TRUSTEE: Any person, partnership, association, corporation, fiduciary, or other legal entity holding a deed of trust or mortgage securing an interest in real property.
TRUSTOR: Any borrower under a deed of trust or mortgage who deeds property to a trustee as security for the payment of a debt.
VACANT: Any building, structure, or real property that is unoccupied or occupied by a person without a legal right of occupancy. (Ord. 1843, 9-21-2009)