As used in this article, the following terms shall have the meanings indicated:
The Borough of Oaklyn.
Any condition that on its own, or combined with other conditions present, presents the indicia 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 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, mail and/or mail being returned, or statement by neighbors, passersby, delivery agents or government agents; or the presence of boards over doors, windows or other openings in violation of applicable codes.
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.
Any person, persons or entity who is not the owner, who has charge, care and control of a premises or part thereof, with or without the knowledge, consent or authority of the owner. "Operator" shall also include a creditor, as defined in P.L. 2014, c. 5,[1] that has served a notice of intention to foreclose on a mortgage on a residential or commercial property pursuant to P.L. 1960B, c. 244, and that property has become vacant after the filing of this intention to foreclose.
Shall include 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, Sec. 17, as amended by P.L. 2009, c. 296), or any other entity determined by the Borough of Oaklyn to have authority to act with respect to the property.
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 Borough limits.
Means the title holder of a vacant and abandoned property or a creditor responsible for the maintenance of a property pursuant to Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
Six months from the date of the first action that requires registration, as determined by the Borough, or its designee, and every subsequent six months. The date of the initial registration may be different than the date of the first action that required registration.
Any utility that is essential for a building to be habitable. This includes, but is not limited to, electric, gas, water, and/or sewer.
Any parcel of land in the Borough that contains any building or structure that is not lawfully occupied, or inhabited by human beings which may be as evidenced by the conditions set forth in the definition of "evidence of vacancy" above, which is without lawful tenant, or lawful occupant or without a certificate of occupancy.
Any residential or commercial building which is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, and at which at least two of the following conditions exist:
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 and abandoned;
Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damages, 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.
[1]
Editor's Note: See N.J.S.A. 46:10B-51.