As used in this article, the following words, terms and their derivations shall have the following meanings unless their use in the text of this article clearly demonstrates a different meaning or references another provision of the Borough Code, or a statute or regulation.
CREDITORA 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 the purposes of this article. For the purposes of this article, a creditor shall not include the State of New Jersey; a political subdivision of the state; a state, county, or local government entity, or their agent or assignee, such as a servicer.
VACANT AND ABANDONED PROPERTYA. A property that is not legally occupied by 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:
(1) Overgrown or neglected vegetation;
(2) 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 or personal items;
(8) Statements of neighbors, delivery persons, or government employees indicating that the property 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 locked;
(11) 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;
(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 a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
(15) Any other reasonable indicia of abandonment.
B. Except that for purposed of this article, 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.