The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ABANDONED REAL PROPERTYAny real property located within the City of Estell Manor, whether vacant or occupied, that a complaint filing for foreclosure, has had a lis pendens filed against it by the lender holding a mortgage on the property, is subject to an ongoing foreclosure action by the lender, or has been transferred to the lender under a deed in lieu of foreclosure. The designation of a property as "abandoned" shall remain in place until such time as the property is sold or transferred to a new owner in an arm's length transaction or the foreclosure action has been dismissed.
[Amended 10-7-2022 by Ord. No. 04-2022; 6-13-2023 by Ord. No. 04-2023]
ACCESSIBLE PROPERTY/STRUCTUREA property that is accessible through a comprised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
APPLICABLE CODESTo include, but not be limited to, the City of Estell Manor's Zoning Code, the City of Estell Manor's Code of Ordinances ("Estell Manor Code"), and the New Jersey Building Code.
BLIGHTED PROPERTYA. Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or
B. Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or
C. Properties cited for a public nuisance pursuant to the Estell Manor Code; or
D. Properties that endanger the public's health, safety, or welfare because the properties or improvements thereon are dilapidated, deteriorated, or violate minimum health and safety standards or lack maintenance as required by the Estell Manor City and Zoning Codes.
ENFORCEMENT OFFICERAny law enforcement officer, building official, zoning inspector, Code Enforcement Officer, fire inspector or Building Inspector, public officer, or other person authorized by the City of Estell Manor to enforce the applicable codes.
FORECLOSUREThe legal process by which a mortgagee terminates a mortgagor's interest in real property either to obtain legal and equitable title to the real property pledged as security for a debt or to force a sale of said property to satisfy a debt. For purposes of this article, this process begins upon the service of a summons and complaint on the mortgagor or any interested party. For purposes of this article, the process is not concluded until the property is sold to a bona fide purchaser not related to the mortgagee in an arm's-length transaction whether by Sheriff's sale, private sale following a Sheriff's sale, or private sale following the vesting of title in the mortgagee pursuant to a judgment.
[Added 10-7-2022 by Ord. No. 04-2022; amended 6-13-2023 by Ord. No. 04-2023]
MORTGAGEEThe creditor, including but not limited to, 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, excluding governmental entities as assignee or owner.
[Added 10-7-2022 by Ord. No. 04-2022; amended 6-13-2023 by Ord. No. 04-2023]
OWNERAny person, legal entity or other party having any ownership interest whether legal or equitable, in real property. This term shall also apply to any person, legal entity or agent responsible for the construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANYA local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
VACANTAny building or structure that is not legally occupied.