Montclair Municipal Code Ch. 10.02 Definitions

As used in this title:

Abandoned means real property that is vacant and that meets any of the following conditions:

1. Is under a current notice of default.

2. Is under a current notice of trustee's sale.

3. Is pending a tax assessor's lien sale.

4. Has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure.

5. Has been transferred under a deed in lieu of foreclosure.

Accessible property means any property that is accessible through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured, or otherwise missing or lacking.

Accessible structure means a building or structure (as defined by the Building Code) that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.

Agreement means any agreement or written instrument which provides that title to real property shall be transferred or conveyed from one owner to another in any manner (whether by sale, gift, exchange, transfer, partition, assignation, placement in a trust, or any other method).

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

Bank of elevators means a group of elevators or a single elevator controlled by a common operating system; that is, all those elevators which respond to a single call button constitute a bank of elevators. There is no limit on the number of cars which may be in a bank or group, but there may be not more than four carts within a common hoist way.

Beneficiary means a lender or holder of a note secured by a deed of trust.

Building access means an exterior door opening conforming to all of the following:

1. Suitable and available for fire department use;

2. Located not more than two feet above the adjacent ground level;

3. Leading to a space, room or area having foot traffic communication capabilities with the remainder of the building;

4. Designed to permit penetration through the use of fire department forcible-entry tools and equipment unless other approved arrangements have been made with the fire authority having jurisdiction.

Bureau of fire prevention means "office of the fire marshal."

Chief of the bureau of fire prevention means "fire marshal."

City means the City of Montclair.

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.

Deed of trust means an instrument by which an interest in title to real estate is transferred to a third party trustee as security for a real estate loan (and often used in California instead of a mortgage). This definition applies to any and all subsequent deeds of trust (e.g., second deed of trust, third deed of trust).

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

Distressed means a property that meets any of the following conditions:

1. Is under a current notice of default.

2. Is under a current notice of trustee's sale.

3. Is pending a tax assessor's lien sale.

4. Has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure.

5. Has been transferred under a deed in lieu of foreclosure.

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 shall include, but shall not be 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 other debris; the absence of window coverings, such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items and/or commercial furnishings consistent with the permitted residential or commercial uses of the real property; or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

Fence means any structure forming a physical barrier which is so constructed that not less than 50 percent of the vertical surface is open to permit the transmission of light, air and vision through such surface in a horizontal plane and shall include wire, mesh, steel mesh, chain link, louvered, stake, and other similar materials.

Foreclosure means the process by which real property is sold to satisfy a debt.

Hedge, when applied to fences, walls and hedges, means a plant or series of plants or landscape materials which form a physical barrier or enclosure.

Immediate neighborhood, when applied to property appearance, means the subject parcel of property, all parcels adjacent thereto, any parcel(s) or portions thereof located across any street bordering the subject parcel, all parcels adjacent thereto, and any other parcel from which the particular nuisance condition in question is visible.

Jurisdiction, as used in the California Fire Code, means the City of Montclair.

Local means within 40 driving miles distance of the subject property.

New construction means, for the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Building Code, any work, addition to, remodel, repair, renovation or alteration of any building(s) or structure(s) that meet any of the following criteria:

•

Fifty percent or more of the exterior weight bearing walls are removed or demolished.

•

Fifty percent of the wall plate height is raised.

•

A story is added that increases the existing floor area by more than 35 percent.

•

Additions within three years that exceed 50 percent of existing original floor area.

The building official shall make the final determination regarding the application of this section.

Notice of default means a recorded notice that a default has occurred under deed of trust and that the beneficiary intends to proceed with a trustee's sale and/or other foreclosure proceeding.

Out-of-area means not within 40 driving miles distance of the subject property.

Owner means any person having legal or equitable title or any interest in any real property.

Owner of record means the person having title to the property at any given point in time as recorded with the San Bernardino County Recorder's Office.

Person means and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.

Personal property means property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance, or vehicle.

Real property means any improved or unimproved real property owned by any person and/or any building, structure, or other improvement thereon, or any portions thereof.

Responsible party means any person that has title to or control over real property. "Responsible party" includes, but is not limited to, owners, owners of record, beneficiaries, lien holders, trustees, servicing companies, real estate agents, and property management companies as well as any person acting on behalf of another responsible party.

Securing means and include such measures as may be directed by fire chief (or designee thereof) that assist in rendering real property inaccessible to unauthorized persons including, but not limited to, the repair of fences, walls, and other barriers; chaining or padlocking of gates; and/or the repair or boarding of doors, windows, and/or other openings. The boarding of any window, door, or other opening 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 and shall be consistent with the requirements of this chapter.

Trash containers, when applied to property appearance, means any container such as trash bags, boxes or bins used to store trash, rubbish or other such refuse matter that meets the requirements of section 6.16.020 of this Code and is placed at a collection point.

Trustee means the person holding a deed of trust on real property.

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

Vacant means real property and any building or structure thereon that is not legally occupied.

Wall means any structure or device forming a physical barrier which is so constructed that 50 percent or more of the vertical surface is closed and prevents the passage of light, air and vision through such surface in a horizontal plane and shall include concrete, concrete block, or other materials which are solids and are so assembled as to form a solid barrier.

(Prior code §§ 4-3.103, 4-3.302, 5-20.01, 8-4.01; Ord. 99-790 (part); Ord. 99-791 Exh. A (part); Ord. 00-796 § 1; Ord. No. 08-906, § 1, 1-5-09; Ord. No. 10-913, § 2, 7-6-10; Ord. No. 10-919, § 1, 1-3-11; Ord. No. 13-939, § 1, 1-6-14; Ord. No. 17-964, § 1, 2-21-17; Ord. No. 19-988, § I, 12-16-19; Ord. No. 25-1016, § I(Exh. A), 12-15-25)