§ 4-12.602. Definitions.

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

(a)

"Abandoned" means a property that is vacant and is:

(1)

Under a current notice of default;

(2)

Under a current notice of trustee's sale;

(3)

Pending a tax assessor's lien sale;

(4)

Any property that 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; and

(5)

Any property transferred under a deed in lieu of foreclosure/sale.

(b)

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

(c)

"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.

(d)

"Beneficiary" means a lender or holder of a note secured by a deed of trust.

(e)

"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 and 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.

(h)

"Distressed" means a property that is under a current notice of default and/or notice of trustee's sale and/or pending tax assessor's lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.

(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 and not occupied by authorized persons. 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, and statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

(j)

"Local" means within forty (40) road/driving miles distance of the subject property.

(k)

"Neighborhood standard" refers to the conditions that are present on a simple majority of properties within a three hundred (300) foot radius of an individual 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 forty (40) road/driving miles distance of the subject property.

(n)

"Owner of record" means the person having recorded title to the property at any given point in time the record is provided by the Stanislaus 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.

(p)

"Reasonable person" means any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property and includes trustees and beneficiaries of a deed of trust on the property and any other lien holder on the property.

(q)

"Securing" 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, the repair or boarding of door, window 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.

(r)

"Trustee" means the person, firm or corporation holding a deed of trust on a property.

(s)

"Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.

(t)

"Vacant" means a building/structure that is not occupied by authorized persons.

(Amended by Ord. 3514-C.S., § 1, effective 6-12-09)