The following terms, wherever used herein or referred to in
this chapter, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
CREDITOR
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 section, 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.
RESPONSIBLE PARTY
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property.
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.
VACANT AND ABANDONED PROPERTY
Any residential or commercial building which is not legally
occupied by an owner, mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied, and two or more of the conditions
in exist:
A.
Overgrown or neglected vegetation;
B.
The accumulation of newspapers, circulars, flyers, or mail on
the property;
C.
Disconnected gas, electric, or water utility services to the
property;
D.
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
E.
The accumulation of junk, litter, trash, or debris on the property;
F.
The absence of window treatments such as blinds, curtains, or
shutters;
G.
The absence of furnishings and personal items;
H.
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
I.
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
J.
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
K.
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;
L.
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;
M.
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;
N.
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
O.
Any other reasonable indicia of abandonment.
In the event that the responsible party fails to maintain the
property in accordance with the provisions as set forth herein, any
Enforcement Officer shall provide written notification by regular
mail, overnight delivery, personal service, electronic delivery (such
as email) with proof of delivery and by posting in a prominent place
on the property notice as to what action must be taken in order for
the property to be brought into compliance with this chapter. If the
violation is not remedied to the satisfaction of the Enforcement Officer
within 10 days, the Enforcement Officer may issue a summons to the
responsible party and request the governing body to adopt a resolution
authorizing the Township to abate the violation and place the property
in compliance with the provisions of this chapter and any other applicable
ordinances, statutes, or regulations, at the responsible party's
sole cost and expenses, and impose a lien on the property for all
costs and fees associated therewith, which lien shall be collected
and enforced the same as a lien for real estate taxes.
Upon adoption of a resolution by the governing body, the Township
may abate any nuisance, hazard or violation and place the property
in compliance with the provisions of this chapter and any other applicable
ordinances, statutes, or regulations. The Enforcement Officer shall
certify the costs thereof to the governing body. The governing body
shall review the certification of costs and, if found acceptable,
shall authorize a lien be placed against the property. The amount
of the lien shall be added to the taxes to be assessed and levied
upon the property. The amount of the lien shall also bear interest
at the same rates as taxes and be collected in the same manner as
any other taxes assessed and levied upon the property.