The terms as used in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter shall have the following meanings:
"Abandoned"means a property that is vacant and is under a current notice of default, notice of trustee's sale, pending tax assessor's lien sale or that has been the subject of a foreclosure sale where the title was acquired by the beneficiary of a deed of trust through foreclosure by a private party purchaser through a foreclosure sale, or that is acquired under a deed in lieu of foreclosure or sale.
"Accessible property"means a property that is accessible through a compromised or breached gate, fence, wall, or other similar feature.
"Accessible structure"means a structure or building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
"Assignment of deed of trust"means an instrument that transfers the beneficial interest under a deed of trust from the one lender or entity to another.
"Beneficiary"means a lender under a note secured by a deed of trust.
"Buyer"means any person, co-partnership, association, corporation, entity, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this section.
"Dangerous building"means any building or structure which has any of the conditions as listed in California Health and Safety Code, Division 13, Part
1.5, State Housing Law, Chapter 2, Section 17920.3 provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.
"Days"means consecutive calendar days.
"Deed of trust"means an instrument by which title of real estate is transferred to a third party trustee as security for a real estate loan. This definition applies to any and all subsequent deeds of trust, including second trust deed, third trust deed, etc.
"Deed in lieu of foreclosure or 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 trust deed.
"Default"means the failure to fulfill a contractual obligation, monetary or conditional.
"Distressed"means a property that is under a current notice of default, notice of trustee's sale, pending tax assessor's lien sale, has been foreclosed upon by the trustee or has been conveyed to the beneficiary or trustee via a deed in lieu of foreclosure or sale.
"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. 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, and statements by neighbors, passerby, delivery agenda, or governmental 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 defaults.
"Immediately dangerous building"means any building or structure which has been so damaged by fire, infestation, seismic disturbance or by any other cause to the extent that its structural integrity is irreparably damaged or destroyed and is in imminent danger of collapsing or where the condition of the structure poses an immediate and present threat to life, health or safety of the public or its occupants.
"Inspection requested"means when a request is made to the code enforcement section, either verbally or in writing, by a citizen to perform an inspection of a particular building, structure or property with understanding that they believe some violation exists. The citizen must provide information as to what violation they believe exists at the said building, structure or property.
"Local"means within 40 road-driving miles distance from the subject property.
"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.
"Owner"means any person, co-partnership, association, corporation, entity, or fiduciary having a legal or equitable title or any interest in any real property.
"Owner of record"means the person having recorded title to the property at any given point in time the record is provided by the Kings County Recorder's Office.
"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 conditions.
"Residential building"means any improved real property or position thereof, situated in the city, designed or permitted to be used for dwelling purpose, and shall include the buildings and structure located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted or zoned for such use.
"Securing"means such measures that assist in rendering the property inaccessible to unauthorized persons including, but not limited to, the repairing of fences and walls, changing or pad locking of gates, the repair of doors, windows or other openings and locks.
"Substandard building"means any building, or portion thereof including any dwelling unit, guest room or suite or rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that it endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be substandard building.
"Trustee"means the person, firm, corporation, or 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 a security for the payment of debt.
"Unsafe building"means any building or structure which has any of the conditions as listed in California Health and Safety Code, Division 13, Part
1.5, State Housing Law, Chapter 2, Section 17920.
"Vacant building"means any building or structure that is unoccupied or occupied by unauthorized persons and is unsecured or boarded.
(Ord. 08-15, 2008)