§ 18-207. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning. Where the context will permit and no definitions are provided herein, the definitions provided in the Florida Building Code shall apply.

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

Building means any structure that is enclosing a space used for sheltering any occupancy. The term "building" shall include commercial buildings, single or multifamily dwellings and vacant structures, whether occupied or not.

Default means that the mortgagee has filed a foreclosure action or public notice of default on the mortgage. A mortgage shall be considered in default at such time as the mortgagee declares said mortgage to be in default either in writing, by recording a lis pendens, by commencing foreclosure proceedings; or by any other actions demonstrating a breach of a security covenant on a property.

Distress means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that a vacant property is neglected, abandoned or otherwise not being regularly maintained. Such conditions include, but are not limited to: a repeat violation of any provision of this Code, as defined in F.S. § 162.04(5); overgrown and/or dead vegetation; the accumulation of trash, junk and/or debris; the accumulation of newspapers, circulars, flyers and/or mail; unclaimed notices posted pursuant to F.S. § 162.12; unsecured doors, windows or other openings; the presence of an unsanitary, stagnant swimming pool; the presence of boards over doors, windows or other openings in violation of section 18-265.

Enforcement officer means any law enforcement officer, building official, fire inspector or code enforcement officer employed by the city.

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; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles auto parts or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail, or statements by neighbors, passers-by, delivery agents or government agents; or the presence of boards over doors, windows or other openings in violation of section 18-265.

Foreclosure means the judicial process by which a property, placed as security for a mortgage loan, after a judicial process, is to be sold at an auction to satisfy a debt upon which the borrower has defaulted.

Owner means any person, firm, corporation or other legal entity who, individually or jointly or severally with others, holds the legal or beneficial title to any building, facilities, equipment or premises subject to the provisions of this chapter. The term shall include the owner's duly authorized agent, a purchaser, devisee, fiduciary, property holder as any other person, firm, corporation or legal entity having a vested or contingent interest or, in the case of a leased premises, the legal holder of the lease of his legal representative. It is intended that this term shall be construed as applicable to the person, firm, corporation or legal entity responsible for the construction, maintenance and operation of the building, facilities or premises involved.

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

Secure manner shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property and/or structure, and in the case of broken windows, such windows shall be secured by re-glazing.

Vacant commercial storefront means any building or structure which has been utilized for a commercial purpose and which contains windows on the ground floor which front upon a public street, sidewalk or right-of-way.

Vacant or unimproved lot means any parcel of land not containing a building or structure.

Vacant property means any parcel of land in the city that contains any building or structure that is not lawfully occupied or inhabited by human beings as evidenced by the conditions set forth in the definition of "evidence of vacancy" above which is without lawful tenant, or lawful occupant or without a certificate of occupancy. Vacant property does not mean property that is temporarily unoccupied while the residents are away on vacation, personal matters or business, or is not intended by the owner to be left vacant, so long as the period does not exceed 30 days.

(Ord. No. 4410-12, § 4, 3-5-2012)