Pasco County |
Code of Ordinances |
Chapter 18. BUILDINGS AND BUILDING REGULATIONS |
Article IX. FORECLOSURE REGISTRY/REAL PROPERTY REGISTRATION SYSTEM |
§ 18-152. Definitions.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates and requires a different meaning:
Abandoned real property means any real property in unincorporated Pasco County that (1) is vacant or shows evidence of vacancy, and (2) is the subject of a lis pendens, a foreclosure action or proceeding, a foreclosure sale where the title was retained by the mortgagee involved in the foreclosure, and/or has been transferred under a deed in lieu of foreclosure or sale to the mortgagee or any company, trust, or entity in which the mortgagee has a financial interest.
Code enforcement officer or inspector means any authorized agent or employee of Pasco County whose duty it is to assure code compliance.
County means Pasco County, Florida.
Days means consecutive calendar days.
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 not be limited to, overgrown and/or dead vegetation, electricity/water/other utilities turned off, a stagnant or green swimming pool, statements by neighbors/passers-by/delivery agents or government agents, lack of response to notices, returned or forwarded mail, unsecured doors, absence of, or condition of, personal belongings on the property, habitation by vagrants/transients/trespassers, etc.
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 Pasco County, Florida.
Local agent means the agent designated by the mortgagee upon registration as required under this article. The local agent or its employee must be able to be located and served at a local address during a majority of the regular working week (8:00 a.m. to 5:00 p.m. Monday through Friday).
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 company, trust, or entity in which the mortgagee has a financial interest. For purposes of this article only, the term "mortgagee" does not apply to governmental entities (including HUD, Fannie Mae, and Freddie Mac), civic associations, HOAs, and/or CDDs.
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, or has exercised, care, charge or control of any dwelling, 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, administratix, trustee or guardian of the estate of the holder of legal title; changing of locks or service of paperwork directing occupants to vacate the premises is prima facie evidence of the exercise of care, charge, or control of any dwelling; or
(3)
Is a mortgagee in possession of any such property; or
(4)
Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
(5)
After a property subject to registration is sold, or the lis pendens and foreclosure action is terminated, a former mortgagee (or any company, trust, or entity in which the former mortgagee has a financial interest) that obtains possession, ownership, and/or control of the property.
Property means any real property, or portion thereof, located in unincorporated Pasco County, including building or structures situated on the property. For purposes of this article only, property does not include property owned or subject to the control of the county or any of its governmental bodies.
Securing means any measures that assist in making the property inaccessible to unauthorized persons.
Vacant means any building, structure or property that is not legally occupied.
(Ord. No. 10-49, § 2, 12-7-10; Ord. No. 15-14, § 3, 6-22-15)