It is the intent of this chapter, as further detailed within
its enabling ordinance, to enable the Township of Franklin to engage
in the identification, registration, monitoring, and migration of
properties that are or may become vacant and abandoned to the fullest
extent permitted by P.L. 2021, c. 444, in order to combat the immeasurable and deleterious effects
of blight arising from residential and commercial properties that
become vacant or abandoned during the foreclosure process.
All words, terms, and phrases used within this chapter shall
be defined and interpreted consistent with their meanings as outlined
within P.L. 2021, c. 444 as may be amended from time to time.
CREDITOR
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.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning officer,
code enforcement officer, fire inspector or building inspector, or
other person authorized by Franklin Township.
VACANT AND ABANDONED PROPERTY
A property shall be deemed "vacant and abandoned" for purpose
of this chapter if:
A.
The property is not legally occupied by a mortgagor or tenant;
and
B.
The property is not legally reoccupied because of at least two
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.