§ 27-2. Definitions.

Abandoned means properties that have been the subject of a foreclosure proceeding and any properties transferred under a deed in lieu of foreclosure/sale.

Accessible property means a property that is accessible through a compromised/breached gate, fence, wall, etc.

Accessible structure means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

Agreement means any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.

Buyer means any person, group of persons, or entity who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection.

Dangerous building means any building/structure that is in violation of any condition referenced in section 14-3, paragraphs (6) and (7) by reference of the City Code of Ordinances.

Days means consecutive calendar days.

Deed in lieu of foreclosure/sale means a deed instrument in which a mortgagor conveys all interest in real property to the mortgagee to satisfy a loan that is in default or avoid foreclosure proceedings.

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. 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; statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

Foreclosure means the process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.

Local means within 40 road/driving miles distance of the subject property.

Mortgage means any contractual instrument between a lender and borrower that conveys the real estate pledged as collateral for a loan to the lender when and if the borrower defaults on the conditions and requirements of the mortgage contract.

Mortgagee means a lender under a note secured by a mortgage.

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.

Out of area means in excess of 40 road/driving miles distance of the subject property.

Owner [means] every person, entity, service company, property manager or real estate broker, who alone or severally with others:

(a)

Has legal or equitable title to any dwelling, dwelling unit, commercial property or structure, or parcel of land, vacant or otherwise; or

(b)

Has care, charge or control of any dwelling, dwelling unit, commercial property or structure, or parcel of land, vacant or otherwise, in any capacity including but not limited to agent, executor, administrator, trustee, or guardian of the estate of the holder of legal title; or

(c)

Is a mortgagee in possession of any such property; or

(d)

Is an agent, trustee, or other person appointed by the courts and vested with possession or control of any such property; or

(e)

Is a trustee who holds, owns, or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process.

Owner of record means the person having recorded title to the property at any given point in time the record is provided by the Lake County, Florida, Property Appraiser'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 condition.

Residential building means any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling 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" whether or not it is legally permitted and/or zoned for such use.

Securing means such measures as may be directed by the director of planning, community development division, 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, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of current HUD securing standards at the time the boarding is completed or required.

Vacant means a building/structure that is not legally occupied.

(Ord. No. 2009-02, §§ 1, 2, 2-17-2009)