As used in this article, the following terms shall have the
meanings indicated:
CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage or lien. If
the entity seeking to foreclose upon the residential or commercial
mortgage changes as a result of an assignment, transfer, or otherwise
after the filing of the foreclosure complaint in the Superior Court,
the new entity shall be deemed the creditor for purposes of this article.
For purposes of this article, a creditor shall not include the state,
a political subdivision of the state, a state, county, or local government
entity, or their agent or assignee, such as the servicer.
OWNER
Shall include the title holder(s), agent of the title holder(s)
having authority to act with respect to property, a property receiver,
a mortgage or lienholder in possession or control of property, a foreclosing
entity, and any debtor in possession of property.
REGISTRANT
Any person or entity who files or is required to file a registration
statement in accordance with this article.
VACANT AND ABANDONED PROPERTY (referred to as "property" in
this article)
Property within the Borough which is not legally occupied
by an owner, mortgagor, or tenant, which is in such condition that
it cannot be legally reoccupied, because of the presence or finding
of at least two of the following:
A.
Overgrown or neglected 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 furnishings 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 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;
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 has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing; or
N.
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property.
While property is registered, or should be registered, the owner,
creditor, and registrant shall comply with the following requirements:
A. The property shall be enclosed and secured against unauthorized entry
until the property is occupied.
B. A sign shall be affixed to the inside of the property and visible
to the public outside the property indicating the name, address and
telephone number of the creditor, or an out-of-state creditor's
in-state representative or agent for the purpose of receiving service
of process. The sign shall also include the person or entity responsible
for the day-to-day supervision and management of the property if such
person or entity is different from the creditor. The sign shall be
of a size and placed in such a location so as to be legible from the
nearest public street or sidewalk, whichever is nearer, but shall
be no smaller than eight inches by 10 inches. The sign shall be maintained
until the property is occupied.
C. The exterior grounds, including areas within the front yard and side
yard setbacks, and the fences, sidewalks, walkways, rights-of-way,
alleys, retaining walls, attached or unattached accessory structures
and driveways, shall be well maintained and free from trash, debris,
loose litter, and grass and weed growth.
D. Liability insurance by procuring a vacancy policy, covering any damage
to any person or any property caused by any physical condition of
the property while registered with the property registration program
shall be acquired and otherwise maintained. Proof of such insurance
shall be produced upon demand from the Borough.
E. Access shall be provided to Borough officials to conduct exterior
and interior inspections of the property to determine compliance with
state and Borough codes, upon reasonable notice to the registrant
or its designated agent. Such inspections shall be carried out on
weekdays during the hours of 6:00 a.m. and 4:00 p.m., or such other
time as may be mutually agreed upon between the registrant and the
Borough.
The provisions of this article shall be enforced by the Code
Enforcement Officer, Construction Official and/or the Zoning Officer
(collectively the "enforcement officer"), with the assistance of the
Police Department, the Fire Prevention Bureau, and the Health Department.
The enforcing officer shall issue a notice to the creditor filing
the summons and complaint in an action to foreclose, if the enforcing
officer determines that the creditor has violated this article. In
the case of a violation for failure to provide care, maintenance,
security, and upkeep of the exterior of vacant and abandoned property,
such notice shall require the person or entity to correct the violation
within 30 days of receipt of the notice, or within 10 days of receipt
of the notice if the violation presents an imminent threat to public
health and safety.