Joliet — Ch. 8 Art. VII Property Maintenance Code § 8-356

For the purposes of this division whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this section:
Abandoned. A property that is vacant and is under a current notice of default or notice of trustee's sale and is not currently being offered for sale, rent or lease by the owner subject to such action(s) (currently being offered for sale, rent or lease is evidenced by a sign posted on the subject property advertising the property for sale, rent or lease with contact information and current phone number and/or an active listing in an electronic database accessible to city staff), and/or property that has been the subject of a foreclosure sale where the title was retained by the beneficiary involved in the foreclosure and any property transferred under a deed in lieu of foreclosure, whether or not the property is being marketed for sale, rent or lease.
Accessible. A property or structure that unauthorized persons may gain access or entry to through a compromised/breached/unsecured gate, door, fence, wall, window, or other point of entry.
Agreement. 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.
Beneficiary. A lender or other entity under a note secured by a deed of trust or mortgage.
Buyer. Any person, co-partnership, association, corporation, or fiduciary that agrees to transfer anything of value in consideration for property described in an agreement of sale.
Days. Consecutive calendar days.
Deed in lieu of foreclosure. A recorded document that transfers property from the trustor to the holder of a deed of trust or mortgage upon consent of the beneficiary of the deed of trust or mortgage.
Deed of trust. An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. Used in California instead of a mortgage, this definition applies to any and all subsequent deeds of trust, i.e.: second trust deed, third trust deed, etc.
Default. The failure to fulfill a contractual obligation, monetary or conditional.
Distressed. A property that is under a current notice of default and/or notice of trustee's sale or there has been a foreclosure by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure.
Evidence of occupancy. Any condition visible from the exterior that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is legally occupied. Such conditions include but are not limited to secured/locked structures; active utility services; the absence of overgrown and/or dead vegetation; the absence of an accumulation of newspapers, circulars, flyers and/or mail; the absence of an accumulation of trash, junk and/or debris; the presence of window coverings such as curtains, blinds and/or shutters; the presence of furnishings and/or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents, or government employees that the property is legally occupied; or actual contact with occupants.
Evidence of vacancy. Any condition visible from the exterior 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; and statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
Field service provider. An individual, entity or department that is responsible for inspecting, securing, and maintaining abandoned property.
Foreclosure. 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.
Inspection. A physical investigation at a property to obtain evidence of occupancy or vacancy and/or to verify compliance with this division and any other applicable code or law. Although interior inspections may be allowed under a deed of trust or mortgage, they are not required by this division.
Mortgage. A written document that provides a lender with rights in real property as collateral for a loan.
Notice of default. A recorded notice that a default has occurred under a deed of trust or mortgage and that the beneficiary intends to proceed with a trustee's sale.
Owner. Any person, co-partnership, association, corporation, or fiduciary who, alone or jointly or severally with others, has legal or equitable title to any structure or real property or has charge, care or control of any structure or real property as executor administrator, trustee, receiver, guardian of the estate, mortgagee in possession, or beneficiary under a land trust.
Property. Any unimproved or improved real property, or portion thereof and includes the buildings or structures located on the property regardless of condition.
Property preservation/real estate owned (REO) section/department. The entity, group, section, department or the designee of a beneficiary that is responsible for inspecting, securing and maintaining abandoned and REO property.
Residential. Any property or portion thereof, designed or permitted to be used for dwelling purposes, and shall include all buildings and structures located on such property. This includes any property being offered for sale, trade, transfer, or exchange as residential, whether or not it is legally permitted and/or zoned for such use.
Responsible party. The beneficiary that is pursuing foreclosure of a property subject to this division secured by a mortgage, deed of trust or similar instrument or a property that has been acquired by the beneficial interest at trustee's sale.
Securing means such measures so that the property is not accessible to unauthorized persons, including but not limited to, the repair or boarding of door, window and/or other openings, the repairing of fences and walls and chaining/padlocking of gates. Exterior openings in structures shall be closed and secured as set forth in section 8-351 . Locking includes measures that require a key, keycard, tool or special knowledge to open or gain access.
Structure. That which is built or constructed, including but not limited to buildings for any occupancy or use.
Substitution of beneficiary of deed of trust or mortgage. An instrument that transfers the beneficial interest under a deed of trust or mortgage from one beneficiary to another.
Trustee. The person, firm, entity, or corporation holding a deed of trust or mortgage secured by the property.
Trustor. A borrower under a deed of trust or mortgage, who deeds property to a trustee as security for the payment of a debt.
Vacant. A building/structure that is not legally occupied.