As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended. Any words not defined herein shall have the meaning
given in Webster's Unabridged Dictionary.
CREDITOR
A state-charted bank, savings bank, savings and loan association
or credit union, any person required to be licensed under the provisions
of the New Jersey Licensed Lenders Act, N.J.S.A. 17:11C-1 et seq.,
and any entity acting on behalf of the creditor named in the debt
obligations, including, but not limited to, servicers.
IMMEDIATE FAMILY MEMBER
Grandfather, grandmother, father, mother, son, daughter,
grandson, granddaughter, brother, sister, uncle or aunt.
RESIDENTIAL PROPERTY
All real properties used, designated, or zoned as a residential
property or residential dwelling.
VACANT PROPERTY
Any building used, or to be used, which is not legally occupied
or at which substantially all lawful construction, operation, or occupancy
has ceased; provided, however, that any property that contains all
building systems in working order, is fully compliant with property
maintenance codes, and is being actively marketed by its owner for
sale or rental shall not be deemed vacant. Property determined to
be "abandoned property" in accordance with the meaning of such term
in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78
et seq., shall also be deemed to be vacant property for the purposes
of this article.
The Property Maintenance Code of the municipality is hereby
made applicable to all residential properties where a creditor has
filed a summons and complaint for the foreclosure of a mortgage, or
has already obtained a judgment of foreclosure.
Once a home is registered, the Lindenwold Construction Office shall send an inspector to the property to determine whether there are any violations of the Property Maintenance Code. After the inspection, a letter shall be sent to the responsible party indicting what problems must be remedied. The letter shall state the time period for the completion of the work. A reinspection of the property shall take place at the end of that time period to determine whether compliance has occurred. A vacant property, as defined in this article, shall be subject to additional inspections by the Lindenwold Construction Office, which shall occur at least once per year, at the discretion of the Construction Official. The charge for any such reinspection shall be listed in Chapter
150, § 150-49D.
If the municipality expends public funds in order to abate a
nuisance or correct a violation of the Property Maintenance Code on
a residential property in situations in which the creditor was given
notice pursuant to this article, but failed to abate the nuisance
or correct the violations as directed, the municipality shall have
the same recourse against the creditor as it would have against the
title owner of the property. The municipality may assess a lien against
the subject property for the moneys expended by the municipality.
The lien may be enforced and collected in the same manner as real
estate taxes are enforced and collected.