§ 42.02. Definitions.

Abandoned real property means any real property that is vacant and under a public notice of default, notice of mortgagee's sale, pending tax assessor's lien sale and/or properties that have been the subject of a foreclosure sale where title is retained by the mortgagee, and any properties transferred under a deed-in-lieu of foreclosure sale, a short sale or any other legal means.

Default means that the mortgagee files a foreclosure action or public notice of default on the mortgage. A mortgage shall be considered in default when the mortgagee declares said mortgage to be in default either in writing, by recording a lis pendens , or by its actions, or commences foreclosure proceedings.

Enforcement officer means Code Compliance Specialist, police officer, the City manager or City manager designee.

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 unoccupied and/or vacant. Such conditions may include but are not limited to: overgrown and/or dead vegetation; the lack of electrical, water, sewer or other utility connections; a stagnant swimming pool; breaches to the building envelope; or statements by neighbors or other witnesses.

Foreclosure means the legal process, by which a parcel, tract, lot or other defined area of real property, placed as security for a real estate loan, is prepared for sale by the lender/mortgagee 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.

Local means within the boundaries of St. Lucie County, Florida.

Local agent means an agent, located in St. Lucie County, designated by the mortgagee upon registration as required under this section.

Mortgagee means the creditor for the mortgage instrument, including but not limited to, trustees; service companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; and successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement. For purposes of this chapter only, the term "mortgagee" does not apply to governmental entities, Homeowner Associations ("HOA"), or Property Owners' Associations ("POA").

Owner means every person, entity, or service company, who alone or severally with others:

(1)

Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or

(2)

Has care, charge or control of any dwelling unit, mobile dwelling unit, building, structure or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate if the holder of legal title; or

(3)

Is a mortgagee in possession of any such dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or

(4)

Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such dwelling, dwelling unit, mobile dwelling unit, building, structure or parcel of land, vacant or otherwise, including a mobile home park; or

(5)

Is a person who operates a rooming house.

Vacant means any building structure or dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land; vacant or otherwise, including a mobile home park that is not legally occupied for more than 15 days as evidenced by the conditions set forth in the definition of "evidence of vacancy" above and verified by the Code Compliance division after inspection.

(Ord. No. 12-11, § 2, 3-26-12; Ord. No. 15-26, § 2, 4-27-15; Ord. No. 18-58, § 2, 11-13-18)