For the purpose of this chapter, certain words and phrases used
in this chapter are defined as follows:
ACCESSIBLE
A property or structure that unauthorized persons may gain
entry to through a compromised/breached/unsecured gate, door, fence,
wall, window or other point of entry.
AGREEMENT
Any agreement or written instrument that provides title to
residential properties and shall be transferred or conveyed from one
owner to another owner after sale, trade, transfer or exchange.
BENEFICIARY
A lender or other entity under a note secured by a deed of
trust.
BUYER
Any person, copartnership, association, corporation or fiduciary
that agrees to transfer anything of value in consideration for property
described in an agreement of sale.
DAYS
Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE
A recorded document that transfers 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. May be
used in place of a mortgage in some places.
DEFAULT
A failure to fulfill a contractual obligation, monetary or
conditional.
DISTRESSED
A property that in introduced to a foreclosure procedure.
EVIDENCE OF VACANCY
Any condition visible from the exterior that on its own,
or combined with other conditions present, would lead a responsible
person to believe that the property is vacant. Such conditions would
include, but are not limited to, overgrown and/or dead vegetation;
accumulation of newspapers, circulars, flyers, mail; past-due utility
notices or disconnected utilities; accumulation of trash, junk, debris;
the absence of furnishings, window coverings such as blinds or drapes;
absence of personal items consistent with residential habitation;
statements from neighbors, passersby, delivery agents, government
employees that the property is vacant.
FIELD SERVICE PROVIDER
An individual, entity or department that is responsible of
inspecting, securing and maintaining an abandoned property.
FORECLOSURE
The process by which a property, placed as security for a
real estate loan, is sold at auction to satisfy the debt if the borrower
defaults.
INSPECTION
A physical investigation at a property to obtain evidence
of occupancy or vacancy and/or to verify compliance with this chapter
and any other applicable code or law. Although interior inspections
may be allowed under a deed of trust, they are not required by this
chapter.
NEIGHBORHOOD STANDARDS
Those conditions that are present on a simple majority of
properties within a three-hundred-foot radius of the subject property.
A property that is subject of a neighborhood standard comparison,
or any other abandoned property within the three-hundred-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 trustees
sale.
OWNER
Any person, copartnership, association, corporation or fiduciary
having a legal or equitable title or any interest in any real property.
PROPERTY
Any unimproved or improved property or portion thereof situate
in the City and includes the buildings or structures located on the
property regardless of condition.
RESIDENTIAL
Any property or portion thereof situated in the City, designated
or permitted to be used for dwelling purposes, and shall include all
buildings and structures located on such property. This shall include
any property being offered for sale, trade, transfer or exchange as
residential whether or not it is legally permitted and/or zoned for
such use.
RESPONSIBLE PARTY
The beneficiary that is pursuing foreclosure of a property
subject to this chapter secured by a mortgage, deed of trust, or similar
instrument or a property that has been acquired by the beneficial
interest at a trustees sale.
SECURING
Such measures as may be directed by the Code Official so
that the property is not accessible to unauthorized persons, including,
but not limited to, the repairing of fences and walls, chaining/padlocking
gates, the repair or boarding of a door, window or other openings.
Boarding shall be completed to a minimum of the current HUD standards
at the time the boarding is completed or required. Locking includes
measures that require a key, keycard, tool or special knowledge to
open or gain access.
TRUSTEE
The person, firm, entity or corporation holding a deed of
transfer secured by the property.
TRUSTOR
A borrower under a deed of trust who deeds property to a
trustee as security for the payment of a debt.
VACANT
A building/structure that is not legally occupied.
VACANT PROPERTIES
Any uninhabited property that is not in compliance with the
City of Washington ICC Property Maintenance and/or Fire Code.
[Added 9-9-2010 by Ord. No. 1835]
Within 10 days of the purchase and/or transfer of a loan/deed
of trust secured by a residential property, the new beneficiary shall
record with the Washington County Recorder of Deeds Office said transaction
that shall list the name of the corporation, entity or individual,
the mailing address and contact phone number or the new beneficiary
responsible for receiving payments associated with the loan/deed of
trust.
In addition to the enforcement remedies established within this
chapter, the Code Officials shall have the authority to require the
owner or beneficiary/responsible party to implement additional maintenance
and/or security measures, including, but not limited to, securing
any and all doors, windows or other openings, installing additional
security lighting, increasing on-site inspection frequency, employment
of on-site security guard, or other measures as may be reasonably
required to arrest the decline of the property.
The fee for registering an abandoned/vacant residential property
shall be set at $200, a one-time fee as set by resolution of the Mayor
and Council of the City of Washington.
Violations of this chapter shall be enforced in any combination
as allowed within this Code and the regulations mandated by this commonwealth.
Any person aggrieved by any part of this chapter may appeal
insofar as such appeal is allowed under this Code. Said appeals shall
be heard by the Building Board of Appeals and appellant must file
an application for said appeal and pay a nonrefundable filing fee
of $375 to the Code Official, who will present said application to
the Board for review.
Violations within this chapter shall be treated as a strict
liability offense regardless of intent. Any person, firm and/or corporation
that violates any portion of this chapter shall be subject to prosecution
and shall be ordered to pay a mandatory fine of $500 for each violation
and/or property in violation of same.