As used in this chapter, the following terms shall have the
meanings indicated:
Any property that is determined to be abandoned pursuant
to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), as follows:
Property must not have been legally occupied for six months
and must meet any one of the following criteria:
Property is in need of rehabilitation, in the reasonable judgment
of the public officer, and no rehabilitation has taken place during
that six month period.
Construction was initiated and discontinued prior to completion,
leaving the building unsuitable for occupancy, and no construction
has taken place for at least six months as of the date of determination
that the building is abandoned.
At least one installment of property tax remains unpaid and
delinquent as of the date of determination.
The property has been determined to be a nuisance by the public
officer as defined in this section.
Exceptions to abandoned property.
A property which contains both residential and nonresidential
space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et
seq. so long as 2/3 or more of the total net square footage of the
building was previously legally occupied as residential space and
none of the residential space has been legally occupied for at least
six months at the time of the determination of abandonment by the
public officer.
Includes, but is not limited to, the following Township of
Pennsauken Codes: zoning, property rehabilitation and maintenance
code,[1] along with the state and county building and fire codes.
Includes, but is not limited to, the Township of Pennsauken's
Neighborhood Improvement Ordinance, Solid Waste Ordinance, as well
as Residential and Commercial Recycling Ordinance.
A state chartered bank, savings bank, savings and loan association
or credit union, any person required to be licensed under the provisions
of the “New Jersey Residential Mortgage Lending Act,”
sections 1 through 21 39 of P.L. 2009, c. 53 (C.17:11C-51 through
C.17:11C-89), and any entity, agent, or assignee acting on behalf
of the creditor named in the debt obligation including, but not limited
to, servicers, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. A creditor
shall not include the state, a political subdivision of the state,
or a state, county, or local government entity, or their agent or
assignee, such as the servicer.
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or the evidence
of the debt, referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township to enforce the applicable
code(s).
Legal process by which a mortgagee, or other lienholder,
terminates a property owner's equitable right of redemption to obtain
legal and equitable title to the real property pledged as security
for a debt or the real property subject to the lien. This definition
shall include, but is not limited to public notice of default, a deed-in-lieu
of foreclosure, sale to the mortgagee or lienholder, certificate of
title and all other processes, activities and actions, by whatever
name, associated with the described process. The process is not concluded
until the property obtained by the mortgagee, lienholder, or their
designee, by certificate of title, or any other means, is sold to
a nonrelated bona fide purchaser in an arm's length transaction to
satisfy the debt or lien.
Any person or entity holding a note, mortgage or other interest
secured by the building or any part thereof.
The creditor, including but not limited to trustees, mortgage service companies, and 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. The definition for "mortgagee" shall only apply to Article III of Chapter 244.
Any property that is determined by the public officer to
be a nuisance if any one of the following applies:
The property is found to be unfit for human habitation, occupancy
or use pursuant to N.J.S.A. 40:48-2.3;
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the Township has
secured the property in order to prevent such hazards after the owner
has failed to do so;
The presence of vermin or the accumulation of debris, uncut
vegetation or physical deterioration of the structure or grounds has
created potential health and safety hazards and the owner has failed
to take reasonable and necessary measures to remove the hazards; or
The dilapidated appearance or other condition of the property
materially affects, including the economic welfare of, the residents
of the area in close proximity to the property and the owner has failed
to take reasonable and necessary measures to remedy the conditions.
Includes the title holder, any agent of the title holder having authority to act with respect to a vacant property, any holder of legal or beneficial title, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, § 17) or any other entity determined by the Township of Pennsauken; also means the holder or holders of title to an abandoned property. The definition of "owner" shall only apply to Article III of Chapter 244.
The compliance officer, or such other public officer designated
or appointed by the Township Committee pursuant to N.J.S.A. 40:48-2.5.
An entity organized or authorized to do business under the
New Jersey Statutes which shall have as one of its purposes the construction
or rehabilitation of residential or nonresidential buildings, the
provision of affordable housing, the restoration of abandoned property,
the revitalization and improvement of urban neighborhoods, or similar
purpose, and which shall be well-qualified by virtue of its staff,
professional consultants, financial resources, and prior activities
set forth in P.L. 2003, c. 10 (N.J.S.A. 55:19-78 et seq.), to carry
out the rehabilitation of vacant buildings in urban areas.
Any improved residential or commercial land, buildings, leasehold
improvements and anything affixed to the land or portion thereof identified
by a block and lot number, located in the Township of Pennsauken arc
considered improved land.
The Township of Pennsauken, County of Camden, State of New
Jersey.
A property shall be deemed "vacant and abandoned" for purposes of Article II, §§ 244-2 to 244-4, if:
The property is not legally occupied by a mortgagor or tenant,
and
The property cannot be legally reoccupied, because of at least
two of the following conditions:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of junk, litter, trash, or debris on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the 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;
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;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
