[Adopted 6-9-2009 by Ord. No. 1749]
For the purpose of this article, certain words and phrases used
in this article are defined as follows:
ABANDONED
A property that is vacant and/or is under a current notice
of default and/or notice of trustee's sale, pending Tax Assessor's
lien and/or properties that have become subject of a foreclosure where
the title was retained by the beneficiary of a deed of trust involved
in the foreclosure and/or properties transferred under a deed in lieu
of foreclosure or sale and/or any owner of record or beneficiary or
trustee or mortgagee who holds a deed, deed of trust or mortgage on
a property owner, trustee or corporation of record.
[Amended 2-10-2015 by Ord. No. 1869; 12-18-2018 by Ord. No. 1953]
ACCESSIBLE PROPERTY
A property that is accessible through a compromised/breached
gate, fence, wall, etc.
ACCESSIBLE STRUCTURE
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
Any agreement or written instrument which provides that title
to property shall be transferred or conveyed from one owner to another
owner after the sale, trade, transfer or exchange.
[Amended 2-10-2015 by Ord. No. 1869]
ASSIGNMENT OF RENTS
An instrument that transfers the beneficial interest under
a deed of trust from one lender/entity to another.
BUILDING
Any improved real property, or portion thereof, situated
in the Borough, designated or permitted to be used for occupancy or
for dwelling purposes, and shall include buildings and structures
located on such improved real property. This includes any real property
being offered for sale, trade, transfer, or exchange whether or not
it is legally permitted and/or zoned for such use.
[Amended 2-10-2015 by Ord. No. 1869]
BUYER
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 this
section.
DANGEROUS BUILDING
Any building/structure that meets the Building Official's
definitions of condemnation.
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. This
definition applies to any and all subsequent deeds of trust. i.e.,
second trust deed, third trust deed, etc., and includes mortgagees.
DEED IN LIEU OF FORECLOSURE/SALE
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.
DAYS
Consecutive calendar days.
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 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 deed in lieu of foreclosure/sale.
EVIDENCE OF VACANCY
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, government employees that
the property is vacant.
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.
LOCAL
Within 40 road/driving miles' distance of the subject property.
MORTGAGE
A recorded document which imposes a lien on real estate as
security for a real estate loan.
MORTGAGOR
A borrower under a mortgage who has assigned a lien against
the property to the mortgagee as security for the payment of a debt.
MORTGAGEE
The person, firm or corporation holding a mortgage on a property.
NEIGHBORHOOD STANDARD
Those conditions that are present on a simple majority of
properties within a three-hundred-foot radius of an individual property.
A property that is the subject of a neighborhood standard comparison,
or any other abandoned property within the three-hundred-foot radius,
shall not be counted toward the simple majority.
NOTICE OF DEFAULT
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.
OUT OF AREA
In excess of 40 road/driving miles' distance of the subject
property.
OWNER
Any person, co-partnership, association, corporation, or
fiduciary having a legal or equitable title or any interest in any
real property.
OWNER OF RECORD
The person having a recorded title to the property at any
given point in time the record is provided by the Middlesex Borough
Tax Assessor's Office.
PROPERTY
Any unimproved or improved real property, or portion thereof,
situated in the Borough and includes the buildings or structures located
on the property regardless of condition.
SECURING
Such measures as may be directed by the Construction Official
or his or her 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 openings. Boarding shall be completed to a
minimum of the current HUD securing standards at the time the boarding
is completed or required.
TRUSTEE
The person, firm or corporation holding a deed of trust on
a property.
TRUSTOR
A borrower under a deed of trust who deeds property to a
trustee as security for the payment of a debt.
VACANT
A building/structure that is not legally occupied.
[Amended 12-18-2018 by Ord. No. 1953]
The owner of record or beneficiary or trustee or mortgagee shall
record, with the Zoning Official's office, a list of the name
of the corporation, and/or individual, the mailing address and contact
phone number of the owner of record or beneficiary or trustee or mortgagee
for receiving payments associated with the loan, deed or deed of trust.
[Amended 12-18-2018 by Ord. No.
1953]
In addition to the enforcement remedies, the Zoning Officer
or his or her designee shall have the authority to require the owner
of record or beneficiary or trustee or mortgagee of any property affected
by this section to implement additional maintenance and/or security
measures, including but not limited to securing any or all door, window
or other openings, installing additional security lighting, increasing
on-site inspection frequency, employment of an on-site guard or other
measures as may be reasonably required to arrest the decline of the
property.
[Amended 10-14-2014 by Ord. No. 1862; 2-10-2015 by Ord. No. 1869]
The fee for registering an abandoned property shall be set by
resolution of the Middlesex Borough Council.
[Amended 12-18-2018 by Ord. No.
1953]
Violations of this article may be enforced in any combination
by the Zoning Officer.
Any person aggrieved by any of the requirements of this article
may appeal to the governing body, such appeal to be filed within 10
days after notification has been given to the aggrieved person.
[Amended 2-10-2015 by Ord. No. 1869]
Violations of this article shall be treated as a strict liability
offense regardless of intent. Any person, firm and/or corporation
that violates any portion of this article shall be subject to prosecution
and/or administrative enforcement and shall be subject to a penalty
of not less than $250 nor more than $1,000 for each and every violation
of this article. For purposes of this article, each calendar day
that a building remains vacant and has not been registered as required
under this article shall constitute a separate violation of this article.
Should any provision, section, paragraph, sentence or word of
this article be determined or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences
or words of this article shall remain in full force and effect.
This article shall take effect upon final passage and publication
according to law.