[Amended 12-20-2022 by Ord. O-22-28]
As used in application of this article for which any property, vacant or abandoned, that any municipal ordinance applies, the following terms shall have the meanings indicated:
Property determined to be "abandoned property" in accordance with the meaning of such term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant property. Each block and lot shall be a separate property.
A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the 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 purposes of this section. 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.
Includes the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of Public Law 2008, Chapter 127, Section 17 (N.J.S.A. 46:10B-51), or Section 2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2), any debtor in possession of the property, lienholder or mortgage holder, or any other entity determined by the Township to have authority to act with respect to the property.
Any person or entity who files a registration statement in accordance with this article shall be also known as a "registrant."
Any construction, production, or piece of work artificially built up or composed of parts purposefully joined together.
Any residential or commercial structure that meets the following criteria shall be deemed vacant:
If it is not legally occupied by an owner, a mortgagor or tenant, which is in such condition that it cannot legally be reoccupied because of the presence or a finding of at least two of the following:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on the property;
Disconnected gas, electric, or water utility services to the property;
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant or abandoned;
Windows or entrances to the property that are boarded up or closed off, or multiple windowpanes that are damaged, broken, and unrepaired;
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
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;
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;
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;
A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
Each block and lot shall be considered a separate property.