As used in the application of this article or any property,
foreclosing, vacant or abandoned, for which any municipal ordinance
applies, the following terms shall have the meanings indicated.
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.
OWNER
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant building, any foreclosing
entity that has filed a notice with the Municipal Clerk pursuant to
the provisions of N.J.S.A. 46:10B-51, P.L. 2008, c. 127, as amended
by P.L. 209, c. 296, 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 City of Paterson to have authority
to act with respect to the building property.
REGISTRANT
Any person or entity who files a registration statement in
accordance with this chapter shall be also known as a registrant.
STRUCTURE
Any construction, production, or piece of work artificially
built up or composed of parts purposefully joined to together.
VACANT BUILDING
Any residential or commercial structure that meets the following
criteria shall be deemed vacant: If it is not legally occupied by
an owner, 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:
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 or abandoned;
I.
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes 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 vacancy or abandonment.
Nothing in this article is intended to or shall be read to conflict
or prevent the City from acting against buildings found to be unfit
for human habitation or unsafe structures, as provided in applicable
provisions of the Code of the City of Paterson, or imposing a lien
for costs on any property to the full extent permitted by law. Further,
any action taken under such code provision other than the demolition
of a structure shall relieve an owner from its obligations under this
article.