To establish a registration process to identify and monitor
vacant and abandoned residential and commercial properties within
the Township.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
CREDITOR
Shall mean a mortgagee or an agent or assignee of a mortgagee,
such as the servicer, who has filed a complaint in Superior Court
seeking to foreclose upon a residential or commercial mortgage. 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 the 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.
DEFAULT
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
ENFORCING OFFICER
Any police officer, Construction Code Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector or
other person authorized by the Township Manager and/or state of New
Jersey to enforce the applicable laws.
FORECLOSURE
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate 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 legal process is not concluded until the property obtained
by the mortgagee, lien holder, 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.
OWNER
Every person, entity, or mortgagee who, alone or severally
with others, has legal or equitable title to any real property as
defined by this article; has legal care, charge, or control of any
such property; is in possession or control of any such property; and/or
is vested with possession or control of any such property. The property
manager shall not be considered the owner.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining, and securing the property as required in this article.
PUBLIC OFFICER
The compliance officer, or such other public officer designated
or appointed by the Township Council pursuant to N.J.S.A. 40:48-2.5.
REAL PROPERTY
Any residential or nonresidential land, buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Township of Maple Shade.
RESPONSIBLE PARTY
The title holder of a vacant and abandoned property or creditor
responsible for the maintenance of a property.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building
to be habitable and/or to perform a service necessary to comply with
all Township codes.
VACANT
Any parcel of land in the Township that contains any building
or structure that is not lawfully occupied.
VACANT AND ABANDONED
A property shall be deemed "vacant and abandoned" for purposes of this Article
III, if:
A.
The property is not legally occupied by a mortgagor or tenant,
and
B.
The property cannot be legally reoccupied, because of at least
two (2) of the following conditions:
(1)
Overgrown or neglected vegetation;
(2)
The accumulation of newspapers, circulars, flyers, or mail on
the property;
(3)
Disconnected gas, electric, or water utility services to the
property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
(5)
The accumulation of junk, litter, trash, or debris on the property;
(6)
The absence of window treatments such as blinds, curtains, or
shutters;
(7)
The absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes that are damaged, broken, and
unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(11)
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;
(12)
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;
(13)
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;
(14)
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.