§ 231-34. Definitions.

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.

BOROUGH

The Borough of Wharton.

CREDITOR

The creditor having a right of foreclosure, including but not limited to the holder of a mortgage on a property, and any agent, servant or employee of the creditor, a loan servicing company, or any successor in interest and/or assignee of the creditor's rights, interests or obligations under the document granting foreclosure rights.

DAYS

Consecutive calendar days.

FORECLOSING

The legal process by which the creditor of a title holder of a parcel of property, which has been placed as collateral or security for a financial obligation, seeks to divest the title holder of his rights to the property and have the property sold at a sheriff's sale to satisfy the debt after the title holder defaults on the aforesaid financial obligation.

NONRESIDENTIAL PROPERTY

Any commercial, industrial and mixed-use real estate, or portion thereof, located in the Borough of Wharton, including improvements thereon.

NUISANCE

A. 

Any nuisance known at common law or inequity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Borough.

B. 

Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot. This includes, but is not limited to: abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, boats, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation, such as poison ivy, oak or sumac, which may prove to be a hazard for inquisitive minors.

C. 

Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.

D. 

Insufficient ventilation or illumination in violation of this Code.

E. 

Inadequate or unsanitary sewage or plumbing facilities in violation of this Code.

F. 

Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this Code.

G. 

Fire hazards.

OWNER

Any person who, alone or jointly with several others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any property unit as owner or agent of the owner, including but not limited to a lessee, executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a foreclosing mortgagee or mortgagee in possession, regardless of how that possession was obtained. Any person who is a lessee subletting or assigning any part of any property or property unit shall be deemed to be co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.

PROPERTY

Any real estate, including residential, commercial, industrial and mixed-use, or portion thereof, located in the Borough of Wharton, including any improvements thereon.

RESIDENTIAL PROPERTY

Any property that contains one or more dwelling units used, intended or designed to be occupied for living purposes.

SECURITY

Measures taken to ensure that the property is inaccessible to unauthorized persons.

VACANT

With regard to any property, that no portion of the property is legally occupied. A property shall not be deemed "vacant," for purposes of this chapter where there is a building on the property containing multiple residential units, if any of the residential units are legally occupied; where the legal occupant has temporarily left the property for vacation or other purposes for a period not exceeding 180 days, possessing both the intent to return and the legal right to return, such as a residential property owner or tenant who resides in another municipality or state for a portion of the year; or where the building is under construction with current valid construction permits, and work is being performed on the property on a regular basis. A mixed-use property is considered "vacant" if the portion of the property dedicated to commercial use is not legally occupied even though one or more residential units may be legally occupied.