The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning. Where the context will permit
and no definitions are provided herein, the definitions provided in
the State of New Jersey Building Code shall apply. When consistent
with the context, words used in the present tense include the future,
words in the plural include the singular, and words in the singular
include the plural. The word "shall" is always mandatory and not merely
directory.
ABANDONED
Any real property located in the municipality, if determined
to be vacant by the municipality, 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 mortgage foreclosure action
by the lender, or has been transferred to the lender under a deed
in lieu of foreclosure.
[Amended 7-18-2018 by Ord. No. 21-2018]
CITY
The City of Atlantic City, Atlantic County, New Jersey.
DEFAULT
When a mortgagee declares said mortgage to be in default,
as evidenced by recording a lis pendens or commencement of a foreclosure
proceeding.
[Amended 4-17-2024 by Ord. No. 19-2024]
ENFORCEMENT AUTHORITY
The Code Enforcement Office/Property Maintenance Unit of
the Department of Licensing and Inspections, the Police Department
and any other department designated as such by the City Administrator.
ENFORCEMENT OFFICER
Any Code Enforcement Office/Property Maintenance Unit Officer,
law enforcement officer, building official, zoning inspector, fire
inspector or building inspector, or other person authorized by the
City of Atlantic City to enforce the applicable code(s).
FORECLOSING
The process by which property, placed as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
FORECLOSURE
The judicial process by which a property, placed as security
for a mortgage loan, after a judicial process, is to be sold at an
auction to satisfy a debt upon which the borrower has defaulted.
LOCAL PROPERTY MANAGER
An individual property manager, property maintenance company
or similar entity located within a fifty-mile radius of Atlantic City,
New Jersey, designated by the owner or mortgagee who is responsible
for the maintenance of abandoned real estate.
[Amended 7-13-2016 by Ord. No. 36-2016]
MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned/foreclosed
real property.
MORTGAGEE
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and any agent, servant or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under the mortgage
agreement.
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.
"Owner" does not include the holder of a tax sale certificate who
has not acquired title to the property by a completed tax foreclosure
proceeding.
[Amended 7-18-2018 by Ord. No. 21-2018]
PROPERTY
Any real estate, residential property, or portion thereof
located in the City, including buildings or structures situated on
the property. For the purposes of this section only, "property" does
not include property owned or subject to the control of the City or
any of its governmental bodies or agencies.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
SECURITY
Taking measures that assist in making the property inaccessible
to unauthorized persons.
VACANT
Any building used or to be used as a residence or business
which is not legally occupied or at which substantially all lawful
construction or business operations or residential occupancy has ceased,
including but not limited to any property meeting the definition of
"abandoned property" in N.J.S.A. 55:19-78 et seq.
[Added 7-18-2018 by Ord.
No. 21-2018]
[Amended 7-13-2016 by Ord. No. 36-2016; 7-18-2018 by Ord. No. 21-2018]
This article relates to abandoned, vacant, or foreclosed property,
whether occupied or vacant. This article shall be considered cumulative
and is not superseding or subject to any other law or provision for
same, but shall rather be a remedy available to the City of Atlantic
City in addition to, above and beyond any other state, county and/or
local provisions for same, and in addition to any other remedies in
law or equity not set forth herein.
The Code Enforcement/Property Maintenance Officer, police officer
or other designee, or authorized representative, shall have authority
to require the owner of any property affected by this article to implement
additional maintenance and/or security measures, including, but not
limited to, securing any and all door, window or other openings, employment
of an on-site security guard, or other measures as may be reasonably
required to help prevent further decline of the property.
The enforcement authority shall have the authority and the duty
to inspect properties subject to this article for compliance and to
issue summonses for any violations.
Upon the effective date of the ordinance from which this article
derives, any existing vacant or foreclosing properties shall have
30 days to comply with the provisions of this article.
Nothing contained in this article shall prohibit the City of
Atlantic City from enforcing its codes by any other means, including,
but not limited to, injunction, abatement or as otherwise provided
by the Atlantic City Code or applicable laws.