As used in this article, the following terms shall have the
meanings indicated:
IN-STATE REPRESENTATIVE
A representative or agent with an address in the State of
New Jersey who is responsible for receiving complaints of property
maintenance and code violations on behalf of an out-of-state creditor.
OUT-OF-STATE CREDITOR
A holder of a mortgage on residential property within Freehold
Township, whose mailing address is not located within the State of
New Jersey.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
A.
An unoccupied residential property within Freehold Township
with at least two of the following conditions:
(1)
Overgrown or neglected vegetation;
(2)
The accumulation of newspapers, circulars, flyers or mail on
the property;
(3)
Disconnected gas, electric, or water utility services to the
property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
(5)
The accumulation of junk, litter, trash or debris on the property;
(6)
The absence of window treatments such as blinds, curtains or
shutters;
(7)
The absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(11)
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
(12)
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;
(13)
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;
(14)
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
(15)
Any other reasonable indicia of abandonment.
B.
Notwithstanding the foregoing, a residential property shall
not be considered "vacant and abandoned" if, on the property:
(1)
There is an unoccupied building which is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations, and statutes;
(2)
There is a building occupied on a seasonal basis, but otherwise
secure; or
(3)
There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute.
Any creditor who has filed a summons and complaint in an action
to foreclose on a residential property within Freehold Township that
was, or since the time of filing has become, a vacant and abandoned
residential property, shall be responsible for the care, maintenance,
security, and upkeep of the exterior of the property according to
the provisions of this chapter.
An out-of-state creditor who has filed a summons and complaint
in an action to foreclose on a residential property within Freehold
Township must appoint an in-state representative. The out-of-state
creditor shall include the full name and contact information of an
in-state representative in the notice of summons and complaint sent
to the Township Clerk pursuant to N.J.S.A. 46:10B-51(a).
Upon the Township Code Enforcement Officer's determination that a creditor has violated §
245-23, the Zoning Officer shall issue a notice to the creditor informing the creditor of any and all such violations, and requiring the creditor to correct all violations within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The determination of whether a violation presents an imminent threat to public health and safety shall be made by the Township Health Officer, Zoning Officer or Code Enforcement Officer.