The following definitions apply with respect to this article:
Any building, structure, or part thereof whether used for human habitation or otherwise and includes any outbuildings or accessory structures.
The Borough of Riverton, its governing body and any agent, employee, or third party authorized to act on the Borough's behalf with respect to vacant or abandoned property.
A state-chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the "New Jersey Residential Mortgage Lending Act," Sections 1 through 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through N.J.C.A. 17:11C-89), and/or any entity acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers. If the entity seeking to foreclose upon the residential or commercial mortgage changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor. A creditor shall not include the state, a political subdivision of the state, a state, county, or local government entity, or their agent or assignee, such as the servicer.
Shall mean that the exterior of any building and grounds are being kept in compliance with applicable construction, property maintenance, habitability, and health codes. Compliance means without violation or, if cited for violation, the abatement of the violation within 30 days of the receipt of notice from the Borough or confirmation of the violation in Municipal Court. Compliance includes the payment of all applicable fines and penalties.
The holder or holders of title to a property, an agent of the title holder authorized to act with respect to a vacant property, any foreclosing party required to provide notice to the Borough pursuant to N.J.S.A. 46:10B-51, or any other party in interest determined by the Public Officer to have authority to act with respect to the maintenance of a vacant property. A "responsible party" shall also include a creditor filing a summons and complaint in an action to foreclose who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the property registration program. A "responsible party" shall also include an in-state representative or agent of the creditor who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and abandoned.
Pursuant to N.J.S.A. 40:48-2.4 et seq. shall mean the officer, officers, board or body who is or are authorized by ordinances adopted to exercise the powers prescribed by such ordinances and by P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.). Notwithstanding any other provision of law to the contrary, nothing shall prevent a municipality from designating more than one public officer for different purposes as provided by law. By way of example, but not limited to: Code Official, Code Enforcement Officer, Construction Official, Housing Code Officer, Health Official, or other designated public officer having authority to designate structures unfit for habitation or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents.
An address at which a natural person who is the responsible party or an authorized agent actually resides or actively uses for business purposes, and shall include a street name or rural delivery route.
Any property shall be considered vacant and abandoned if it is not legally occupied by an owner, mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, because of the presence or finding of at least two of the following conditions exist; or
For the purposes of this section, "vacant and abandoned" residential property is further defined as residential real estate with respect to which the mortgagee proves, by clear and convincing evidence, that the mortgaged real estate is vacant and has been abandoned or where a notice of violation has been issued pursuant to Section 3 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s3). Where a notice of violation has not been issued pursuant to Section 3 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s3), real property shall be deemed "vacant and abandoned" if the court finds that the property, mortgaged or not is not occupied by an owner, mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to Section 4 of the "Fair Foreclosure Act," P.L. 1995, c. 244 (N.J.S.A. 2A:50-56), and at least two of the following conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on the property;
Disconnected gas, electric, or water utility services to the property;
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.