[Amended 6-22-2022 by Ord. No. 28-2022]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ABANDONED REAL PROPERTYAny real property located in the Township, whether vacant or occupied, that has had a complaint filing, foreclosure filing and/or lis pendens filed against it by the lender holding a mortgage on the property, is subject to an ongoing foreclosure action by the lender 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 or the foreclosure action has been dismissed.
ACCESSIBLE PROPERTY/STRUCTUREA 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 CODESTo include, but not be limited to, the Code of the Township of Egg Harbor and the New Jersey Uniform Construction Code.
BLIGHTED PROPERTYA. 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 Property Maintenance Code and/or New Jersey Uniform Construction 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 lack maintenance as required by the Code of the Township of Egg Harbor and/or New Jersey Uniform Construction Code.
ENFORCEMENT OFFICERAny law enforcement officer, building official, zoning inspector, zoning officer, code enforcement officer, fire inspector or building inspector, or other person authorized by the Township to enforce the applicable code(s).
EVIDENCE OF VACANT AND ABANDONED PROPERTYAs used in this article, "evidence of vacant and abandoned property" shall mean the presence or finding of at least two of the following conditions concerning the real property:
A. Overgrown and/or dead vegetation;
B. The accumulation of newspapers, circulars, flyers, or mail on the property;
C. Disconnected gas, electric or water utility services to the property;
D. The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
E. The accumulation of junk, litter, trash or debris on the property;
F. The absence of window treatments such as blinds, curtains, or shutters;
G. The absence of furnishing and personal items;
H. Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
I. Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
J. Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
K. A risk to 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;
L. 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;
M. The mortgagee or other authorized party having secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
N. A written statement by a mortgagor expressing the clear intent of all mortgagors to abandon the property;
O. The property is occupied by an unauthorized person;
P. The property is occupied without a valid, unexpired certificate of occupancy or other written authorization for occupancy as may be required by applicable laws; or
Q. Any other reasonable indicia of abandonment.
MORTGAGEEThe creditor, including but not limited to trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities as assignee or owner.
PROPERTY MANAGEMENT COMPANYA local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
VACANTAny building or structure that is not legally occupied.