9.33.030. - Definitions.

For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section:

(a)

"Abandoned" shall mean real property that is vacant and meets any of the following conditions: (i) is under a current notice of default; (ii) is under a current notice of trustee's sale; (iii) is pending a tax assessor's lien sale; (iv) 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; or (v) has been transferred under a deed in lieu of foreclosure.

(b)

"Accessible property" shall mean any property that is accessible through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured, or otherwise missing or lacking.

(c)

"Accessible structure" shall mean a building or structure (as defined by the building code) that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.

(d)

"Agreement" shall mean any agreement or written instrument which provides that title to real property shall be transferred or conveyed from one owner to another in any manner (whether by sale, gift, exchange, transfer, partition, assignation, placement in a trust, or any other method).

(e)

"Assignment of rents" shall mean an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another.

(f)

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

(g)

"City" shall mean the City of Commerce.

(h)

"Deed of trust" shall mean an instrument by which an interest in 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 (e.g., second deed of trust, third deed of trust).

(i)

"Deed in lieu of foreclosure/sale" shall mean 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.

(j)

"Default" shall mean the failure to fulfill a contractual obligation, monetary or conditional.

(k)

"Distressed" shall mean a property that meets any of the following conditions: (i) is under a current notice of default; (ii) is under a current notice of trustee's sale; (iii) is pending a tax assessor's lien sale; (iv) has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in foreclosure; or (v) has been transferred under a deed in lieu of foreclosure.

(l)

"Evidence of vacancy" shall mean 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 shall include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circular flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window covers such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items and/or commercial furnishings consistent with the permitted residential or commercial uses permitted within the zone of the real property; statements by neighbors, passerby, delivery agents, government employees that the property is vacant.

(m)

"Foreclosure" shall mean the process by which real property is sold at auction to satisfy a debt.

(n)

"Local" shall mean within fifteen driving miles distance of the subject property.

(o)

"Notice of default" shall mean a recorded notice that a default has occurred under deed of trust and that the beneficiary intends to proceed with a trustee's sale and/or other foreclosure proceeding.

(p)

"Out-of-area" shall mean not within fifteen driving miles distance of the subject property.

(q)

"Owner" shall mean any person having legal or equitable title or any interest in any real property.

(r)

"Owner of record" shall mean the person having title to the property at any given point in time as recorded with the Los Angles County Recorder's Office.

(s)

"Person" shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.

(t)

"Personal property" shall mean property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance, or vehicle.

(u)

"Real property" shall mean any improved or unimproved real property owned by any person and/or any building, structure, or other improvement thereon, or any portions thereof.

(v)

"Responsible party" shall mean any person that has title to or control over real property. "Responsible party" includes, but is not limited to, owners, owners of record, beneficiaries, lien holders, trustees, servicing companies, real estate agents, and property management companies, as well as any person acting on behalf of another responsible party.

(w)

"Securing" shall mean and include such measures as may be directed by the community development director (or designee thereof) that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, the repair of fences, walls, and other barriers, chaining or pad locking of gates, and/or the repair or boarding of doors, windows, and/or other openings. The boarding of any window, door, or other opening shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required and shall be consistent with the requirements of this chapter.

(x)

"Trustee" shall mean the person holding a deed of trust on real property.

(y)

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

(z)

"Vacant" shall mean real property and any building or structure thereon that is not legally occupied.

(Ord. No. 621, § 1, 9-29-2009)