The following definitions apply with respect to this article:
BUILDING
Any building, structure, or part thereof whether used for
human habitation or otherwise and includes any outbuildings or accessory
structures.
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
39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through N.J.S.A. 17:11C-89),
and/or any entity acting on behalf of the creditor named in the debt
obligation, including, but not limited to, servicers. 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. 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.
MAINTAINED
The exterior of any building and grounds are being kept in
compliance with applicable construction, property maintenance, habitability,
and health codes. Compliance means without violation or, if cited
for violation, the abatement of the violation within 30 days of the
receipt of notice from the Township or confirmation of the violation
in Municipal Court. Compliance includes the payment of all applicable
fines and penalties.
OWNER or RESPONSIBLE PARTY
The holder or holders of title to a property, an agent of
the title holder authorized to act with respect to a vacant property,
any foreclosing party required to provide notice to the Township pursuant
to N.J.S.A. 46:10b-51, or any other party in interest determined by
the public officer to have authority to act with respect to the maintenance
of a vacant property. A "responsible party" shall also include a creditor
filing a summons and complaint in an action to foreclose who shall
be responsible for the care, maintenance, security, and upkeep of
the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program. A "responsible party" shall also include an in-state representative
or agent of the creditor who shall be responsible for the care, maintenance,
security, and upkeep of the exterior of the property if it becomes
vacant and abandoned.
PUBLIC OFFICER
Pursuant to N.J.S.A. 40:48-2.4 et seq., shall mean the officer,
officers, board or body who is or are authorized by ordinances adopted
to exercise the powers prescribed by such ordinances and by P.L. 1942,
c. 112 (N.J.S.A. 40:48-2.3 et seq.). Notwithstanding any other provision
of law to the contrary, nothing shall prevent a municipality from
designating more than one public officer for different purposes as
provided by law. By way of example, but not limited to: Code Official,
Code Enforcement Officer, Construction Official, Housing Code Officer,
Health Official, or other designated public officer having authority
to designate structures unfit for habitation or dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of the
residents.
STREET ADDRESS
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes and shall include a street name or rural delivery
route.
TOWNSHIP
The Township of Washington, its governing body and any agent,
employee, or third party authorized to act on the Township's behalf
with respect to vacant or abandoned property.
VACANT AND ABANDONED
A.
Any property shall be considered vacant and abandoned if it
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 conditions
exist; or
B.
For the purposes of this section, "vacant and abandoned" residential
property is further defined as residential real estate with respect
to which the mortgagee proves, by clear and convincing evidence, that
the mortgaged real estate is vacant and has been abandoned or where
a notice of violation has been issued pursuant to Section 3 of P.L.
2021, c. 444 (N.J.S.A. 40:48-2.12s3). Where a notice of violation
has not been issued pursuant to Section 3 of P.L. 2021, c.444 (N.J.S.A.
40:48-2.12s3), real property shall be deemed "vacant and abandoned"
if the court finds that the property, mortgaged or not, is not occupied
by an owner, mortgagor or tenant as evidenced by a lease agreement
entered into prior to the service of a notice of intention to commence
foreclosure according to Section 4 of the "Fair Foreclosure Act,"
P.L. 1995, c. 244 (N.J.S.A. 2A:50-56), and at least two of the following
conditions exist:
(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 window panes 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.