As used in this article, the following terms shall have the
meanings indicated:
OPERATOR
Any person, persons or entity who is not the owner, who has
charge, care and control of a premises or part thereof, with or without
the knowledge, consent or authority of the owner. "Operator" shall
also include a creditor, as defined in P.L. 2014, c. 5, that has served
a notice of intention to foreclose on a mortgage on a residential
property pursuant to P.L. 19101, c. 244, and that property has become
vacant after the filing of this intention to foreclose.
OWNER
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, § 17, as amended by P.L. 2009, c. 296), or any other
entity determined by the Township of Delaware to have authority to
act with respect to the property.
VACANT PROPERTY
Includes any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including but not limited to any property meeting the definition of "abandoned property" in N.J.S.A. 55:19-80 or §
268-5; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order, or where the building is in habitable condition, and where the building is being actively marketed by its owners for sale or rental, shall not be deemed a vacant property for purposes of this article.
The owner and/or operator of any vacant property registered
under this article shall provide access to the Township to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
and/or operator or the designated agent. Such inspections shall be
carried out on weekdays during the hours of 8:00 a.m. and 4:00 p.m.,
or such other time as may be mutually agreed upon between the owner
and/or operator and the Township.