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"Default" means the material breach of, or failure to fulfill, a legal or contractual duty <br />arising from or relating to a deed of trust. <br />"Distressed" means any building, structure or real property that is subject to a current <br />notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or any <br />real property conveyed via a foreclosure sale resulting in the acquisition of title by an <br />interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in <br />lieu of foreclosure/sale, regardless of vacancy. <br />"Enforcement official" means the city manager, the building official, and/or any <br />employee or agent of the city designated and/or charged with enforcing this Code, including <br />but not limited to applicable codes adopted by reference therein. <br />"Evidence of vacancy" means any real property condition that independently, or in <br />the context of the totality of circumstances relevant to that real property would lead a <br />reasonable enforcement official to believe that a property is vacant or occupied by a person <br />without a legal right of occupancy. Such real property conditions include but are not limited <br />to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; <br />past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the <br />absence of window coverings such as curtains, blinds or shutters; the absence of <br />furnishings or personal items consistent with residential habitation; and/or statements by <br />neighbors, passersby, delivery agents, government employees that the property is vacant. <br />"Foreclosure" means the legal process by which a mortgagee, or other lien holder, <br />terminates a property owner's equitable right of redemption to obtain legal and equitable <br />title to the real property pledged as security for a debt or the real property subject to the <br />lien. This definition shall include, but is not limited to, public notice of default, a deed -in -lieu <br />of foreclosure, sale to the mortgagee or lien holder, certificate of title and all other <br />processes, activities and actions, by whatever name, associated with the described <br />process. The process is not concluded until the property obtained by the mortgagee, lien <br />holder, or their designee, by certificate of title, or any other means, is sold to a non -related <br />bona fide purchaser in an arm's length transaction to satisfy the debt or lien. <br />"Historical/historic Building" means any structure, including, but not limited to, any <br />residential, commercial, industrial, or assembly structure designated as having historical <br />or architectural importance by inclusion in the city register of historical properties pursuant <br />to Chapter 30 of the Santa Ana Municipal Code. <br />"Industrial Property" means any improved real property, or portion thereof, designed <br />or permitted to be used for industrial non-residential purposes, including buildings and <br />structures located on such improved real property. This includes any real property being <br />offered under any circumstances for sale, trade, transfer, or exchange as "industrial," <br />whether or not said property is legally permitted and zoned for such use. <br />"Local" means within forty (40) driving miles of the subject building, structure or real <br />property. <br />Ordinance No. NS-XXXX <br />Page 4 of 16 <br />11 B-36 <br />