§ 14-402. Definitions.

Unless the context indicates otherwise, the following words used in this article shall have these meanings:

Abandoned property means a parcel of real property that is unoccupied in any manner for a period of more than six (6) months. Property will be presumed abandoned when mortgage or tax foreclosure proceedings have been initiated for that property, no mortgage or tax payments have been made by the property owner for at least ninety (90) days, and the property has been vacant for at least ninety (90) days. A dwelling may not be considered abandoned if all appropriate permits are issued, in force, and construction is ongoing.

Chief building official means the official designated by the city to enforce building, zoning, or similar laws and this article, or his or her duly authorized representatives.

Foreclosure means the process by which a lien, mortgage, or security interest is enforced against a parcel of real property through sale or offering for sale of the real property to satisfy the debt or claim. For the purposes of this article, a parcel of real property for which there is any of the following shall constitute a foreclosed property:

(1)

A notice of foreclosure;

(2)

A notice of trustee's sale;

(3)

A foreclosure sale of the real property where the title to the real property was retained by the beneficiary of a mortgage;

(4)

A pending tax sale; or

(5)

A transfer of title under a deed in lieu of foreclosure or deed in lieu of sale.

Owner means any person or entity with any legal or equitable ownership or possessory interest in any real property, with or without accompanying actual possession thereof. The owner shall include, but not be limited to, a bank, a credit union, a trustee or financial institution which is in possession (in whole or in part) of the real property, or that is foreclosing a lien or mortgage interest in the property but may or may not have legal or equitable title. Owner also means any person or entity having charge, care or control of any real property as agent of the owner, as executor, administrator, trustee or guardian of the estate of the owner.

Responsible local agent means an authorized representative of a person, corporation, partnership, firm, joint venture, trust, association, organization, or other entity having a legal or equitable interest in property, and/or who is compensated by the property owner to manage a property and who is properly licensed according to state law. The responsible local agent must have, and will be deemed to have if designated by the owner of the property as the responsible local agent, the authority to do the following:

(1)

Receive all official notices concerning housing, zoning or dangerous buildings on behalf of the owner of a property, and any notice received by the responsible local agent shall be deemed to have been received by the property owner; and

(2)

Be responsible for providing access to the property for any inspection necessary to ensure compliance with the terms of this chapter.

Securing means taking such measures as may be directed by the department of community development that render the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining or padlocking of gates, and repair of doors, windows and other openings.

Vacant property means a parcel of real property that has been unoccupied continuously for a period of thirty (30) days or more, and is either:

(1)

Subject to foreclosure as defined in this article;

(2)

Has been abandoned by the owner;

(3)

Is under a condemnation notice or order to vacate;

(4)

Is not in compliance with the housing, electrical, mechanical, plumbing, or building codes;

(5)

Has one (1) or more broken or boarded windows;

(6)

Is open to casual entry or trespass;

(7)

Is deteriorating due to a lack of maintenance or neglect;

(8)

Has a building or structure for which a building permit has expired that is partially completed and is not fit for human occupancy;

(9)

Contains a structure that is structurally unsound;

(10)

Has utilities disconnected or not in use;

(11)

Has taxes in arrears for more than one (1) year; or

(12)

Is a potential hazard or danger to the safety of persons.

(Ord. No. 2012-4, § 1, 3-7-12)