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 property that is vacant or is subject to a mortgage under
a current notice of default or notice of mortgagee's sale, pending
tax claim sale or vacant properties that have been the subject of
a foreclosure sale where the title was retained by the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure or sale.
ENFORCEMENT OFFICER
Any building official, zoning inspector, code enforcement
officer, health officer, fire inspector or building inspector employed
by the Township.
EVIDENCE OF VACANCY
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
or dead vegetation, accumulation of abandoned real property, as defined
herein, statements by neighbors, passersby, delivery agents or government
agents, among other evidence that the property is vacant.
FORECLOSURE
The process by which a property, placed as security for a
real estate loan, is sold at public sale to satisfy the debt if the
borrower defaults.
MORTGAGE
A conveyance of title to property that is given as security
for the payment of debt or the performance of a duty and that will
become void upon payment or performance according to the stipulated
terms.
MORTGAGEE
One to whom property is mortgaged or the mortgage creditor
or lender.
MORTGAGEE IN POSSESSION
A mortgagee who takes control of mortgaged land by agreement
with the mortgagor, usually upon default of the loan secured by the
mortgage.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in real property; or recorded in the official
records of the commonwealth, county or Borough as holding title to
the property; or otherwise having control of the property, including
the guardian of the estate of any such person, and the trustee, executor
or administrator of the estate of such person if authorized by law
to take possession of real property, or if ordered or authorized to
take possession of real property by a court.
PERSON
An individual, corporation, partnership or any other group
acting as a unit.
PROPERTY MANAGEMENT COMPANY
A property manager, property maintenance company or similar
entity or individual responsible for the maintenance of abandoned
real property.
VACANT
Any building/structure that is not legally occupied.
This chapter shall be considered cumulative and not superseding
or subject to any other law or provision for same, but shall rather
be an additional remedy available to the Township above and beyond
any other state, county or local provisions for same.
The Township, or its designee, shall have authority to require
the mortgagee or owner of record of any property affected by this
chapter to implement additional maintenance or security measures,
including, but not limited to, securing any and all doors, windows
or other openings, employment of an on-site security guard, or other
measures as may be reasonably required to prevent a decline of the
property.
Any enforcement officer or any person authorized by the enforcement
officer shall be immune from prosecution, civil or criminal, for reasonable,
good-faith trespass upon real property while in the discharge of duties
imposed by this chapter.