For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
"Abandoned"means a property that is vacant and (1) is under a current notice of default and/ or notice of trustee's sale; (2) is the subject of a pending tax assessor's lien sale; (3) has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (4) has been transferred under a deed in lieu of foreclosure/sale.
"Accessible"means a property that is accessible through a compromised/breached gate, fence, wall, or similar condition or a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
"Beneficiary"means a lender or holder of a note secured by a deed of trust.
"Beneficiary/trustee"means both the beneficiary and the trustee. When any act is required of the beneficiary/trustee by this chapter, both are responsible for performing such act and may be charged with a violation of this Code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided, then both must provide such information.
"Days"means consecutive calendar days.
"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.
"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 and often used in California instead of a mortgage. This definition applies to any and all subsequent deeds of trust; i.e., second trust deed or third trust deed.
"Default"means the failure to fulfill a contractual obligation, monetary, or conditional.
"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 and not occupied by authorized persons. 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; and statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
"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.
"Local"means within 40 road/driving miles distance of the subject property.
"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.
"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.
"Out of area"means in excess of 40 road/driving miles distance of the subject property.
"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.
"Responsible person"means any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property, including, but not limited to, trustees and beneficiaries of a deed of trust on the property and any other lien holder on the property.
"Securing" or "secure"means such measures as may be directed by the Police Chief or his or her designee, or the City Manager 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 and the repair, replacement or boarding of doors, windows, and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required.
"Trustee"means the person, partnership, firm, corporation, or other entity holding a deed of trust on a property.
"Trustor"means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
"Vacant"means a building/structure that is not occupied by authorized persons.
(2737 § 1, 2008; 2802 § 1, 2011)