"Abandoned"shall mean real property that is vacant and that meets any of the following conditions:
1. Is under a current Notice of Default.
2. Is under a current Notice of Trustee's Sale.
3. Is pending a tax assessor's lien sale.
4. 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.
5. Has been transferred under a deed in lieu of foreclosure.
"Accessible property"shall mean any property that is accessible through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured, or otherwise missing or lacking.
"Accessible structure"shall mean a building or structure (as defined by the Building Code) that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.
"Agreement"shall mean any agreement or written instruments which provides that title to real property shall be transferred or conveyed from one owner to another in any manner (whether by sale, gift, exchange, transfer, partition, assignation, placement in a trust, or any other method).
"Assignment of rents"shall mean an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another.
"Beneficiary"shall mean the person or persons who own or hold a promissory note that is secured by a deed of trust and who is/are named in that document. Beneficiary shall include, but shall not be limited to, assignees, successors, or transferees of a holder of such a promissory note.
"Boarded or boarding"shall mean and refer to the coverings of all entry points to a building or structure including all doors, windows and roof openings, for the purpose of preventing entry into the building by any person except the owner or an authorized agent of the owner with materials as specified in this chapter.
"City"shall mean the City of Norwalk.
"Code"shall mean the Norwalk Municipal Code and all laws and regulations incorporated therein, as well as all uncodified and adopted ordinances.
"Deed in lieu of foreclosure/sale"shall mean a deed to real property accepted by a lender/beneficiary from a defaulting trustor/borrower to avoid the necessity of foreclosure proceedings by a lender.
"Deed of trust"shall mean an instrument by which an interest in 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 (e.g., second deed of trust, third deed of trust).
"Default"shall mean the failure to fulfill a contractual obligation, monetary or otherwise, under a promissory note and/or deed of trust.
"Evidence of vacancy"shall mean 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 shall include, but not be 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 other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items and/or commercial furnishings consistent with the permitted residential or commercial uses permitted within the zone of the real property; or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
"Foreclosure"shall mean the process by which real property pledged as security for a debt is sold to satisfy the debt in the event of default in payments or terms. Said process may include recordation of a Notice of Default and/or Notice of Trustee's Sale against the property that is the subject of a default.
"Inspection"shall mean a physical investigation by an owner, beneficiary, trustee, or other person with care or control at a property to obtain evidence of vacancy, to assess the physical condition of the property and to verify compliance with this chapter and any other applicable laws.
"Local"shall mean within 40 driving miles distance of the subject property.
"Notice of Default"shall mean a recorded notice indicating that a default has occurred under a Deed of Trust and that the beneficiary/trustee named therein, or a successor trustee, intends to proceed with a trustee's sale and/or other foreclosure proceeding. This Notice remains current so long as an instrument evidencing its cancelation, withdrawal, or rescission has not been recorded.
"Notice of Trustee's Sale"shall mean a recorded notice that follows a Notice of Default to announce the date, time, and place that a sale of real property may occur as a result of a default under a Deed of Trust. This Notice remains current so long as an instrument evidencing its cancellation, withdrawal, or rescission has not been recorded.
"Out-of-area"shall mean not within 40 driving miles distance of the subject property.
"Owner"shall mean any person having legal or equitable title or any interest in any real property, including the right to possess and use that property.
"Owner of record"shall mean the person having title to the property at any given point in time as recorded with the Los Angeles County Recorder's office.
"Person"shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. Person also includes any public entity or agency that acts as an owner in the City.
"Personal property"shall mean property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.
"Real property"shall mean any improved or unimproved real property owned by any person and/or any building, structure, or other improvement thereon, or any portions thereof.
"Rehabilitation"shall mean either the complete demolition of a vacant building or structure or the abatement of all substandard building and property conditions, and the restoration of the building or structure to a condition suitable for occupancy. A building or structure shall not be deemed rehabilitated if still vacant or until there is a lawful occupant therein utilizing the building or structure as approved.
"Responsible party"shall mean any person or persons who has/have equitable or legal title to or care or control over real property, or any building or structure thereon. Responsible party includes, but is not limited to, every owner, owner of record, beneficiary, lien holder, trustee, servicing company, real estate agent, and property management company, as well as any person acting on behalf of another responsible party.
"Securing"shall mean and include such measures as specified in this chapter that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, the repair of fences, walls, and other barriers; chaining or padlocking of gates; and/or the repair or boarding of doors, windows, and/or other openings.
"Substitution of Trustee"shall mean a document executed by a beneficiary that replaces a trustee under a Deed of Trust with another.
"Trustee"shall mean the person holding a deed of trust on real property, and who has the power to sell the property if the trustor does not fulfill the obligations as recited in the instrument.
"Trustor"shall mean a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
"Vacant"shall mean any of the following:
1. Any real property that is undeveloped; or
2. Any real property or any building or structure thereon that is either unoccupied or occupied by unauthorized persons, either in whole or in part; or
3. Any real property or any building or structure thereon that shows evidence of vacancy.
(Ord. 22-1731 § 1)