§ 2-9-33. Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

Agent means any person with legal authority to represent and act on behalf of the owner through a written agreement, power of attorney, or other similar document.

(b)

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 may include, but are not limited to, overgrown and/or dead vegetation, accumulation of abandoned personal property, disconnected utility services, a stagnant or green swimming pool, statements by neighbors, delivery agents, or government agents, empty storefronts, the absence of furnishings and/or personal items consistent with occupancy, and real estate signs, among other evidence that the property is vacant.

(c)

Foreclosure means the legal process by which real property, placed as a security for a real estate loan or other debt, is prepared for sale by the lender, a mortgagee or other lien holder to satisfy the debt if the borrower/mortgagor defaults. This definition shall include all processes, activities and actions, by whatever name, associated with the described process.

(d)

Inspection means a physical investigation at the real property and the exterior of any structures located thereon and includes a viewing of any interior portions of the structure which are visible from the exterior of the structure to obtain evidence of vacancy and/or verify compliance with this article and other applicable codes or laws. However, an inspection does not require entry into any structure for purposes of viewing the interior of such structure.

(e)

Local means within fifty (50) driving miles of the real property in question or within the geographic boundaries of Manatee and Sarasota Counties, whichever is greater.

(f)

Mortgagee means the creditor, including but not limited to trustees, service companies, lenders in a mortgage agreement, any agent, servant or employee of the creditor, any successor in interest, or any assignee of the creditor's rights, interests or obligations under the mortgage agreement. This includes any person, business, or legal entity that holds a lien on or an interest in real property to secure the repayment of a debt by the owner of the real property subject to the lien or interest. For the purpose of this article only, the term "mortgagee" does not apply to governmental entities.

(g)

Owner means the owner of record of any real property as determined by the official records of the county.

(h)

Property management company means a property manager, property maintenance company, or other similar entity responsible for the management and maintenance of real property.

(i)

Real property in foreclosure means real property located within the unincorporated area of the county that:

(1)

Is under a current notice of default and is the subject of a foreclosure action or proceeding;

(2)

Is the subject of a foreclosure sale where the title was retained by the mortgagee involved in the foreclosure; and/or

(3)

Has been transferred under a deed in lieu of foreclosure or sale to the mortgagee.

(j)

Registration means a process of providing information about real property in foreclosure to the county as provided in this article.

(k)

Securing means such measures as may be directed by the county so that real property is not accessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/locking gates, the repair or boarding of doors, windows, or other openings of such size that may allow a child to access the interior of any structure.

(l)

Vacant means any building or structure that is not legally occupied. A building or structure occupied or possessed by persons without legal authority to do so is vacant for the purposes of this article.

(m)

Vacant real property means any real property that is vacant or that shows evidence of vacancy.

(Ord. No. 14-41, § 28, 10-7-14; Ord. No. 18-43 , § 3, 10-23-18)