Elk Grove Municipal Code Art. I Purpose, Scope and Definitions

It is the purpose and intent of the City Council, through the adoption of this chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

(Ord. 23-2009 § 2, eff. 3-12-2010)

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

A. “A” Definitions.

“Abandoned”

means a property that is vacant and is under a current notice of default and/or notice of trustee’s sale, pending tax assessor’s lien sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

“Accessible property”

means a property that is accessible through a compromised/breached gate, fence, wall, etc.

“Accessible structure”

means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

“Agreement”

means any agreement or written instrument, which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.

“Assignment of rents”

means an instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another.

B. “B” Definitions.

“Beneficiary”

means a lender under a note secured by a deed of trust.

“Buyer”

means any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in subsection (A) of this section.

C. Reserved for future use.

D. “D” Definitions.

“Dangerous building”

means any building/structure that is in violation of any condition referenced in EGMC Chapter 16.22.

“Deed of trust”

means an instrument by which title to real estate is transferred to a third (3rd) party trustee as security for a real estate loan. This definition applies to any and all subsequent deeds of trust, i.e.: second (2nd) trust deed, third (3rd) trust deed, etc. “Deed of trust” also includes “mortgage.”

“Deed in lieu of foreclosure/sale”

means 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.

“Default”

means the failure to fulfill a contractual obligation, monetary or conditional.

“Distressed”

means a property that is under a current notice of default and/or notice of trustee’s sale and/or pending tax assessor’s lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.

E. “E” Definitions.

“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 include but are not limited to overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, and government employees that the property is vacant.

F. “F” Definitions.

“Foreclosure”

means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults.

G. Reserved for future use.

H. Reserved for future use.

I. Reserved for future use.

J. Reserved for future use.

K. Reserved for future use.

L. “L” Definitions.

“Local”

means within forty (40) road/driving miles distance of the subject property.

M. Reserved for future use.

N. “N” Definitions.

“Notice of default”

means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee’s sale.

O. “O” Definitions.

“Out of area”

means in excess of forty (40) road/driving miles distance of the subject property.

“Owner”

means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.

“Owner of record”

means the person having recorded title to the property at any given point in time the record is provided by the Sacramento County recorder’s office.

P. “P” Definitions.

“Property”

means any unimproved or improved real property or portion thereof, situated in the City, and includes the buildings or structures located on the property regardless of condition.

Q. Reserved for future use.

R. “R” Definitions.

“Residential building”

means any improved real property, or portion thereof, situated in the City, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as “residential” whether or not it is legally permitted and/or zoned for such use.

S. “S” Definitions.

“Securing”

means such measures as may be directed by the Community Enhancement Manager or designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings. Boarding 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.

T. “T” Definitions.

“Trustee”

means the person, firm or corporation holding a deed of trust on a property.

“Trustor”

means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.

U. Reserved for future use.

V. “V” Definitions.

“Vacant”

means a building/structure that is not legally occupied.

W. Reserved for future use.

X. Reserved for future use.

Y. Reserved for future use.

Z. Reserved for future use.

(Ord. 23-2009 § 2, eff. 3-12-2010)