For purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
a. "Assignment of rents"
means an instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.
b. "Beneficiary"
means a lender or holder of a note secured by a deed of trust.
c. "Building"
means any improved real property, or portion thereof, situated in the City, designed or permitted to be used for dwelling and/or business purposes and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as residential, commercial or mixed-use whether or not it is legally permitted or zoned for such use.
d. "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.
f. "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.
g. "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. This type of instrument is often used in California instead of a mortgage. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.
i. "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 and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail (except those required by federal, state or local law), 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.
j. "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.
k. "Property manager"
means a person or entity contracted by the legal owner to secure, maintain and/or market the subject property.
l. "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.
m. "Out of area"
means in excess of thirty (30) road/driving miles’ distance of the subject property.
n. "Owner of record"
means the person having title to the property at any given point in time as shown on records recorded with the Contra Costa County Recorder’s Office.
o. "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. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted and/or zoned for such use.
p. "Secure"
means such measures as may be directed by the Director of Planning/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, or the repair or boarding of any type of door, window, garage 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.
(Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011)