For the purposes of this chapter and unless otherwise expressly stated, the following words and phrases are defined as follows:
ABANDONED REAL PROPERTYAny real property located in the municipality, whether vacant or occupied, complaint for foreclosure, lis pendens or other filing, filed against it by the lender holding a mortgage on the property, is subject to an ongoing foreclosure action by the lender, or has been transferred to the lender under a deed in lieu of foreclosure. The designation of a property as abandoned shall remain in place until such time as the property is sold or transferred to a new owner in an arm's-length transaction, the foreclosure action has been dismissed, and/or lis pendens rescinded.
ACCESSIBLE PROPERTY/ STRUCTUREA property that is accessible through a compromised/breached gate, fence, wall, etc., or a structure that is unsecured in such a way as to allow easy access to the interior space by unauthorized persons.
ANNUAL REGISTRATIONTwelve months from the date of the first action that requires registration, as determined by the Borough, or its designee, and every subsequent 12 months the property is registrable. The date of the initial registration may be different than the date of the first action that required registration.
APPLICABLE CODESCodes, including, but not limited to, the municipality's zoning code and General code, International Property Maintenance code, and the New Jersey Building Code.
BLIGHTED PROPERTYA. Properties that have broken or severely damaged windows, doors, wall, and/or roofs which create hazardous conditions and/or encourage trespassing; or
B. Properties cited for a public nuisance; or
C. Properties that endanger the public's health, safety, or welfare because the properties or the improvements thereon are dilapidated, deteriorated, or violate minimum health and safety standards, or lack maintenance per applicable codes.
BORROWERAn owner of property subject to a mortgage, who grants a lien or equitable interest in property as security for the payment of a debt.
BUILDINGStructure with a roof supported by columns or walls to serve as shelter or enclosure.
ENFORCEMENT OFFICERAny law enforcement officer, building official, zoning officer, code enforcement officer, fire or building inspector, or other person authorized by the municipality to enforce the applicable codes.
EVIDENCE OF VACANT AND ABANDONED PROPERTYAs used in this chapter, means the presence or finding of at least two of the following conditions concerning the real property: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles auto parts or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail, or statements by neighbors, passersby, delivery agents or government agents; a written statement by a mortgagor expressing the clear intent of all mortgagors to abandon the property; the property is occupied by an unauthorized person; the property is occupied without a valid, unexpired certificate of occupancy or other written authorization for occupancy as may be required by applicable laws; the presence of boards over doors, windows or other openings in violation of applicable code; or any other reasonable indicia of abandonment.
FORECLOSURE or FORECLOSURE ACTIONThe legal process by which a mortgagee terminates a mortgagor's interest in real property either to obtain legal and equitable title to the real property pledged as security for a debt or to force a sale of said property to satisfy a debt. For purposes of this chapter, this process begins upon the service of a summons and complaint on the mortgagor or any interested party. For purposes of this chapter, the process is not concluded until the property is sold to a bona fide purchaser not related to the mortgagee in an arm's-length transaction whether by Sheriff's sale, private sale following a Sheriff's sale, or private sale following the vesting of title in the mortgagee pursuant to a judgment.
LENDERA person, or entity holding a mortgage on a property.
MORTGAGEA recorded lien or interest in real property to secure payment of a loan.
MORTGAGEEThe creditor, including, but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities as assignee or owner of record.
POSSESSORY LENDERA person, or entity that has foreclosed upon a mortgage on a property but may not have legal or equitable title.
PROPERTY MANAGEMENT COMPANYA local property manager, property maintenance company or similar entity responsible for the maintenance of foreclosure real property or registerable real property.
REAL PROPERTYAny residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the Borough limits.
SAFETY AND MAINTENANCE INSPECTIONA visual inspection to check the minimum requirements as set forth in the currently applicable International Property Maintenance Code for sanitary maintenance, life safety, other obvious hazards and code violations. Such inspections will be done in accordance with a checklist maintained by the Borough.
STRUCTUREAnything constructed or erected the use of which requires location on or attachment to the ground and includes buildings.
VACANTAny parcel of land that contains any building or structure that is not lawfully occupied.