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.
DEFAULT
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
DEPLOYED
All current and active members of the Armed Forces, including
those members serving in the reserves who have been moved into position
for military action and stationed outside the Village.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by §
5-1, Issuing officers, of the Village Code.
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 may include, but are not limited to: overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
FORECLOSURE OR FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. The legal process is not concluded until the property
obtained by the mortgagee, lien holder, or their designee, by certificate
of title, or any other means, is sold to a nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
MORTGAGEE
The creditor, including but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities.
OWNER
Every person, entity, or mortgagee, who alone or severally
with others has legal or equitable title to any real property as defined
by this chapter; has legal care, charge, or control of any such property;
is in possession or control of any such property; and/or is vested
with possession or control of any such property. The property manager
shall not be considered the owner.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Village limits.
REGISTRABLE PROPERTY
(1)
Any real property located in the Village, whether vacant or
occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or Trustee, has
been the subject of a foreclosure action by a mortgagee or trustee
and a judgement has been entered, or has been the subject of a foreclosure
sale where the title was transferred to the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a
deed in lieu of foreclosure/sale. The designation of a "default/foreclosure"
property as "registrable" shall remain in place until such time as
the property is sold to a nonrelated bona fide purchaser in an arm's
length transaction or the foreclosure action has been dismissed and
any default on the mortgage has been cured; or
(2)
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
REGISTRY
A web-based electronic database of searchable real property
records, used by the Village to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
chapter.
SEMI-ANNUAL REGISTRATION
Six months from the date of the first action that requires
registration, as determined by the Village, or its designee, and every
subsequent six months thereafter. The date of the initial registration
may be different than the date of the first action that required registration.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Village codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT
Any parcel of land in the Village that contains any building
or structure that is not lawfully occupied.
VILLAGE
The Incorporated Village of Hempstead.