It is the purpose and intent of the Township of Logan to establish
a process to address the increasing amount of abandoned, foreclosed
or distressed real property located within the Township, and to identify,
regulate, limit and reduce the number of abandoned properties located
within the Township. It is the Township of Logan's further intent
to participate in registration program as a mechanism to protect neighborhoods
from becoming blighted due to the lack of adequate maintenance and
security of abandoned and foreclosed properties.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY
Any real property located in the Township of Logan, whether
vacant or occupied, that is in default on a mortgage, has had a lis
pendens filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending tax assessor's lien
sale, 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, the foreclosure action has been dismissed, and any default
on the mortgage has been cured.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
APPLICABLE CODES
To include, but not be limited to, the Township of Logan's
Zoning Code, the Township of Logan's Code of Ordinances ("Township
Code"), and the New Jersey Building Code.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Township
Code; or
D.
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lacks
maintenance as required by the Township Codes.
CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. 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 for purposes of this section. For purposes
of this section, 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.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township of Logan to enforce the applicable
code(s).
OWNER
Any person, legal entity or other party having any ownership
interest whether legal or equitable, in real property. This term shall
also apply to any person, legal entity or agent responsible for the
construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
An owner, agent, local property manager, property maintenance
company or similar entity responsible for the maintenance of abandoned
real property.
RESPONSIBLE PARTY
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property pursuant to
section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
VACANT
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Township of Logan above and beyond
any other state, county or local provisions for same.
Pursuant to the provisions of §
148-5, the Township of Logan or its designee shall participate in a registration program for the purpose of cataloging each abandoned and/or foreclosed property within the Township of Logan, containing the information required by this chapter.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Township of Logan.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
Code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable Code(s).
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the Code Enforcement Office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable Code(s) or a Court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
of Logan to enforce the sections here within shall be immune from
prosecution, civil or criminal, for reasonable, good faith entry upon
real property while in the discharge of duties imposed by this chapter.