Defined
Terms.
ABANDONED
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, or a property that has been the subject of a foreclosure sale
where the title was retained by or transferred to the beneficiary
of the deed of trust involved with the foreclosure, or a property
transferred under a deed in lieu of foreclosure/sale.
ACCESSIBLE PROPERTY
A property that is accessible through a compromised, breached
or broken gate, fence, or other entry point.
BENEFICIARY
A lender under a note secured by a deed of trust.
BUILDING OFFICIAL
The officer or other designated authority charged with the
administration and enforcement of this Code, or a duly authorized
representative.
CITY
The City of Seymour, Webster County, Missouri.
DAYS
Consecutive calendar days.
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.
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.
DEFAULT
The failure to fulfill a contractual obligation, monetary
or conditional.
DWELLING
A building, or portion thereof, designed exclusively for
residential occupancy, including one-family, two-family, multiple
dwellings, mobile homes, house trailers, boarding and lodging houses,
apartment houses, and apartment hotels, but not hotels, or motels.
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 or government employees that the property
is vacant.
FORECLOSURE
The process by which a property, placed as security for a
real estate loan, is sold at auction to satisfy the debt of the trustor
(borrower) under deed of trust defaults.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
LOCAL
Within forty (40) road/driving miles distance of the subject
property.
MORTGAGEE
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and/or any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under the mortgage
agreement.
NON-RESIDENTIAL PROPERTY
Any property used or intended to be used for anything other
than residential property as defined herein.
NOTICE OF DEFAULT
A notice that a default has occurred under deed of trust
as provided for in Section 408.554, RSMo.
OUT OF AREA
Excess of forty (40) road/driving miles distance of the subject
property.
OWNER
Any person, co-partnership, agent, operator, firm, association,
corporation, or fiduciary having a legal or equitable interest in
the property; or recorded in the official records of the State, County,
or municipality as holding title to the property; or otherwise having
control of the property, including the guardian of the estate of any
such person, and the executor or administrator of the estate of such
person if ordered to take possession of real property by a court.
OWNER OF RECORD
The person having recorded title to the property at the point
in time the record is provided by the Clay County Recorder's Office.
PREMISES
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
PROPERTY
Any unimproved or improved real property, or portion thereof,
located in the City of Seymour, including the buildings or structures
located on the property regardless of condition.
REGISTERED REPRESENTATIVE
The person designated by a beneficiary/trustee or property
owner as the beneficiary/trustee or property owner's representative
for purposes of accepting notice, service, and summons on behalf of
the beneficiary/trustee or property owner and for otherwise ensuring
compliance with the requirements of this Chapter.
RESIDENTIAL PROPERTY
Any property that contains one (1) or more dwelling units
used, intended, or designed to be occupied for living purposes.
RUBBISH
Combustible and non-combustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metal, mineral matter, glass, crockery and dust and other similar
materials.
SECURING
Such measures as may be directed by the Building Official
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 doors, windows, or other openings.
STAGNANT WATER
Water in swimming pools and/or spas in which mosquitoes,
flies, or other insects may multiply.
TRUSTEE
The person, firm, or corporation holding a deed of trust
on a 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 or premises that is not legally occupied.