For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When consistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.
Pursuant to N.J.S.A. 55:19-81, is defined as follows: any property that has not been legally occupied for a period of six months and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the public officer that:
The 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 on the property and was 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 a determination by the public officer pursuant to this section;
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes of the date of the determination by the public officer pursuant to this section; or
The property has been determined to be a nuisance by the public officer in accordance with § 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82). A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A or D of this definition.
The City of Long Branch.
The creditor having a right of foreclosure, including but not limited to the holder of a mortgage on a property, and any agent, servant or employee of the creditor, a loan servicing company, or any successor in interest and/or assignee of the creditor's rights, interests or obligations under the document granting foreclosure rights.
Consecutive calendar days.
The process by which property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
Any commercial, industrial and mixed-use real estate, or portion thereof, located in the City of Long Branch, including improvements thereon.
Any common nuisance known as common law or inequity jurisprudence or as provided by the Statutes of the State of New Jersey or the ordinances of the City.
Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot. This includes, but is not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, boats, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation, such as poison ivy, oak or sumac, which may prove a hazard for inquisitive minors.
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this Code.
Inadequate or unsanitary sewage or plumbing facilities in violation of this Code.
Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this Code.
Fire hazards.
Any person who, alone or jointly with several others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any property unit as owner or agent of the owner as lessee, executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a foreclosing mortgagee or mortgagee in possession, regardless of how that possession was obtained. Any person who is a lessee subletting or assigning any part of any property or property unit shall be deemed to be co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
Any real estate, including residential, commercial, industrial and mixed use, or portion thereof, located in the City of Long Branch, including any improvements thereon and land appurtenant thereto.
The City's Business Administrator and/or his/her designee shall serve as the public officer (as defined in N.J.S.A. 55:19-80) to carry out the responsibilities under this article.