As used in this chapter, the following terms shall have the meanings indicated:
Pursuant to N.J.S.A. 55:19-81 is defined as follows: Any property that has not been legally occupied for a period of six months and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the appropriate public officer that:
The property is in need of rehabilitation in the reasonable judgment of the public officer, and no rehabilitation has taken place during that six-month period;
Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months as of the date of a determination by the public officer pursuant to this section;
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the revised statutes of the date of the determination by the public officer pursuant to this section; or
The property has been determined to be a nuisance by the public officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82). A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A or Subsection D of this section.
Twelve months from the date of the first action that requires registration, as determined by the Township, or its designee, and every subsequent 12 months the property is registrable. The date of the initial registration may be different than the date of the first action that required registration.
Any law enforcement officer, Building Official, Zoning Inspector, Code Enforcement Officer, Fire Inspector, Building Inspector, or other person authorized by the Township to enforce the applicable code(s).
That the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.
Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash, junk, or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passersby, delivery agents or government agents; and/or the presence of boards over doors, windows, or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. This definition shall include, but is not limited to, a complaint and summons filed with respect to foreclosure on a mortgage, a lis pendens filed against it by the lender holding a mortgage on the property, a deed-in-lieu of foreclosure, sale to the mortgagee or lien holder, certificate of title and all other processes, activities, and actions, by whatever name, associated with the described process. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a nonrelated bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
The creditor, including, but not limited to, trustees, mortgage servicing companies, lenders in a mortgage agreement, any agent, servant, or employee of the creditor, any successor in interest, or any assignee of the creditor's rights, interests, or obligations under the mortgage agreement, or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
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 N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Section 17) or any other entity determined by the Township of Riverside to have authority to act with respect to the property.
Any party designated by the owner as responsible for inspecting, maintaining, and securing the property as required in this chapter.
Any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the Township limits.
Any real property located in the Township, whether vacant or occupied, that is encumbered by a mortgage in default, as evidenced by a complaint filing or foreclosure filing, is subject to an ongoing foreclosure action by the mortgagee or trustee, has been the subject of a foreclosure action by a mortgagee or trustee and a judgment has been entered, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. The designation of a "foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a nonrelated bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed; or
Any property that is vacant for more than 30 days or any cancellation of utility or service, whichever occurs first.
A web-based electronic database of searchable real property records, used by the Township to allow mortgagees the opportunity to register properties and pay applicable fees as required in this chapter.
Any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Township codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any building used or to be used as a residence or business which is not legally occupied or at which substantially all lawful construction or business operations or residential occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation and at least two of the following conditions exist:
Overgrown or neglected vegetation, including, but not limited to, brush weeds, dead or dying trees;
Infestation of insects, vermin, rats, or other pests;
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 by neighbors, delivery persons, or government employees indicating that the residence is vacant and 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 continually unlocked;
A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners that exists 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 any 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.