It is the purpose and intent of the Township of Washington to
establish a process to address the deterioration and blight of Township
of Washington neighborhoods caused by an increasing amount of abandoned,
foreclosed or distressed real property located within the Township
of Washington, and to identify, regulate, limit and reduce the number
of abandoned properties located within the Township of Washington.
It is the Township of Washington's further intent to participate
in the county-wide registration program established by Gloucester
County and administered by Community Champions Corporation as a mechanism
to protect neighborhoods from becoming blighted due to the lack of
adequate maintenance and security of abandoned and foreclosed properties.
As used in this article, the following terms shall have the
meanings indicated:
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
APPLICABLE CODES
Includes, but is not limited to, the Township of Washington's
Zoning Code, the Code of the Township of Washington and the New Jersey
Building Code.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Township
of Washington Code; or
D.
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the Township of Washington Zoning and Construction
Codes.
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 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 inspector,
Code Enforcement Officer, fire inspector or building inspector, or
other person authorized by the Township of Washington to enforce the
applicable code(s).
OWNER
The title holder, any agent of the title holder having authority
to act with respect to a vacant property, and foreclosing entity subject
to the provisions of P.L. 2021, c. 444, or any other entity determined by the Township to have
authority to act with respect to the property.
PROPERTY MAINTENANCE COMPANY
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
VACANT AND ABANDONED PROPERTY
Any property not legally occupied by an owner or tenant,
which is in such condition that it cannot be legally reoccupied, because
of the presences or 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 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 Township building, housing, or
similar Code section during the preceding year, or an order by Township
authorities declaring the property to be unfit for human occupancy
and to remain vacant and unoccupied;
M.
A 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.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same but rather shall
be an additional remedy available to the Township of Washington above
and beyond any other state, county or local provisions for same.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Township of Washington.
Whoever opposes, obstructs or resists any Enforcement Officer
or any person authorized by the Enforcement Office in the discharge
of duties as provided in this article shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any Enforcement Officer or any person authorized by the Township
of Washington to enforce the sections here within shall be immune
from prosecution, civil or criminal, for reasonable, good-faith entry
upon real property while in the discharge of duties imposed by this
article.