[Added 5-5-2020 by Ord. No. 9-2020[1]; amended 10-4-2022 by Ord. No. 43-2022]
[1]
Editor's Note: This ordinance also repealed former Art. V,
Property Maintenance Code.
It is the City's purpose and intent to establish a process to
address the deterioration and blight of neighborhoods caused by an
increasing amount of abandoned, foreclosed or distressed real property
located within the City of Millville, and to identify, regulate, limit
and reduce the number of abandoned properties located within the City.
The City may designate a third-party administrator which in such event
will administer the registration program at no cost to the City. All
fees paid in accordance with this article will be utilized for administration
of the program.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates a different meaning.
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.
Includes, but shall not be limited to, the City of Millville
Zoning Ordinance,[1] the City Code and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the City
Code; or
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 City Code and zoning codes.
Any law enforcement officer, building official, zoning inspector,
Code Enforcement Office employee, fire inspector or building inspector,
or any other person authorized by the City of Millville to enforce
the applicable code(s).
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.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
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).
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
In accordance with N.J.S.A. 40:48-2.12(s)3, a property shall
be considered vacant and abandoned if it is not legally occupied by
a mortgagor or tenant, which is in such condition that it cannot be
legally reoccupied, because of the presence or finding of 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 damaged, 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.
For the purposes of this definition, a residential property
shall not be considered vacant and abandoned if, on the property:
There is an unoccupied building which is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations, and statutes;
There is a building occupied on a seasonal basis, but otherwise
secure; or
There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute.
In addition to the residential mortgage foreclosure procedures
set out in the Fair Foreclosure Act, P.L. 1995, c. 244 (N.J.S.A. 2A:50-53
et seq.), a summary action to foreclose a mortgage debt secured by
residential property that is vacant and abandoned may be brought by
a lender in the Superior Court. In addition, a lender may, at any
time after filing a foreclosure action, file with the Court, in accordance
with the Rules Governing the Courts of the State of New Jersey, an
application to proceed in a summary manner because the residential
property that is the subject of the foreclosure action is believed
to be vacant and abandoned; provided, however, that this subsection
shall not apply to a foreclosure of a timeshare interest secured by
a mortgage.
Service of notice.
In addition to the service of process required by the Rules
of Court, a lender shall establish, for the entry of a residential
foreclosure judgment under this definition, that a process server
has made two unsuccessful attempts to serve the mortgagor or occupant
at the residential property, which attempts must be at least 72 hours
apart, and during different times of the day, either before 12:00
noon, between 12:00 noon and 6:00 p.m., or between 6:00 p.m. and 10:00
p.m.
In addition to any notices required to be served by law or the
Rules of Court, a lender shall, with any order to show cause served
as original service of process or a motion to proceed summarily, serve
a notice that the lender is seeking, on the return date of the order
to show cause, or on the date fixed by the Court, to proceed summarily
for entry of a residential foreclosure judgment because the property
is vacant and abandoned.
When a property is deemed vacant and abandoned as herein defined,
a lender shall not be required to serve the debtor with the notice
to cure required by Section 6 of the Fair Foreclosure Act, P.L. 1995,
c. 244 (N.J.S.A. 2A:50-58).
Final residential mortgage foreclosure judgment.
The Court may enter a final residential mortgage foreclosure judgment under this definition upon a finding, a) by clear and convincing evidence, that the residential property is vacant and abandoned as defined under Subsection A of this definition, and b) that a review of the pleadings and documents filed with the Court, as required by the Rules of Court, supports the entry of a final residential mortgage foreclosure judgment.
A final residential mortgage foreclosure judgment under this
definition shall not be entered if the Court finds that:
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the City of Millville above and beyond
any other state, county or local provisions for same.
[Amended 5-2-2023 by Ord. No. 11-2023]
Pursuant to the provisions of § 11-44, the City of Millville may by resolution designate a third party to create the registration program cataloging each abandoned property within the municipality, containing the information required by this article.
A.
Any mortgagee
who holds a mortgage on real property located within the City of Millville
shall perform an inspection of the property to determine vacancy or
occupancy upon a filing of a summons and complaint. The mortgagee
shall, within 10 days of the inspection, register the property with
the City Code Enforcement Office, or designee, using the website access
provided by the City of Millville, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
B.
If the
property is occupied, it shall be inspected by the mortgagee or his
designee monthly until:
C.
Registration
pursuant to this section shall contain the name of the mortgagee and
the servicer, the direct mailing address of the mortgagee and the
servicer, a direct contact name and telephone number for both parties,
facsimile number and email address for both parties, tax lot and block
for the property, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property.
D.
A nonrefundable
annual registration fee of $500 shall be collected per property and
shall accompany the website registration. An additional fee of $2,000
per property annually if the property is vacant or abandoned pursuant
to the above definition when the summons and complaint in an action
to foreclose is filed, or becomes vacant and abandoned pursuant to
the definition in this article at any time thereafter while the property
is in foreclosure.
E.
All registration
fees must be paid directly from the mortgagee, servicer, trustee,
or owner. Third-party registration fees are not allowed without the
consent of City of Millville and/or its authorized designee.
F.
This section
shall also apply to properties that have 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.
G.
Properties
subject to this section shall remain under the annual registration
requirement and the inspection, security and maintenance standards
of this section as long as they remain vacant and the complaint for
foreclosure filed.
H.
Any person
or legal entity that has registered a property under this section
must report any change of information contained in the registration
within 10 days of the change.
I.
Failure
of the mortgagee and/or owner to properly register or to modify the
registration form from time to time to reflect a change of circumstances
as required by this article is a violation of this article and shall
be subject to enforcement.
J.
Pursuant
to any administrative or judicial finding and determination that any
property is in violation of this article, the City of Millville may
take the necessary action to ensure compliance with this article and
place a lien on the property for the cost of the work performed to
benefit the property and bring it into compliance.
K.
A creditor
located out of state shall be responsible for appointing an in-state
representative or agent to act for the foreclosing creditor.
A.
A property shall be considered vacant and abandoned if it is not
legally occupied by a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied as defined above and by N.J.S.A.
40:4R-2.12(s)3.
B.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable code(s) and issuance of
a summons where the fine shall not exceed $1,000 in accordance with
the City of Millville Code. Pursuant to a finding and determination
by the City enforcement official, or a court of competent jurisdiction,
the City of Millville may take the necessary action to ensure compliance
with this section.
C.
In addition to the above, the properly is required to be maintained
in accordance with the applicable code(s).
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a complaint and summons has been filed, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this article and any other applicable laws.
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 City of Millville.
A.
Enforcement measures. The provisions of this article shall be enforced
by the enforcement officer or other designated party. The enforcement
officer or other designated party is hereby authorized to conduct
all inspections as may be necessary to ensure compliance. Adherence
to this article does not relieve any person, legal entity or agent
from any other obligations set forth in any applicable code which
may apply to the registered property.
B.
Notice to abate. Where any enforcement officer or other designated
party fully designated shall have determined that any registered property
is in violation of this article, the enforcement officer shall issue
a notice to abate directing the registrant to correct the violation
and abate the nuisance within the time set forth in the notice to
abate. The time for abatement shall not be less than 30 days from
the registrant's receipt of the notice to abate, except that if the
violation presents an imminent threat to public health and safety,
the time for abatement shall be within 10 days of the registrant's
receipt of notice to abate.
C.
Service of notice. Service of the notice to abate shall be made by
regular mail and certified mail, return receipt requested, to the
address set forth in the registration for receipt of complaints of
property maintenance and code violations.
D.
Failure to comply. If the registrant fails to comply with the notice
to abate within the time set forth in the notice to abate for compliance,
the enforcement officer shall be permitted to enter upon said lands
for the purposes of correcting the violation and abating the nuisance,
take the necessary action to ensure compliance with the notice to
abate and place a lien on the registered property for the cost of
the work performed to benefit the registered property and bring it
into compliance.
E.
Additional rights. The enforcement officer shall be entitled to take any other action authorized by law to obtain compliance with this Article V. Nothing in this article shall limit the rights of the enforcement officer to pursue any other action permitted in the City Code or any other law against the registrant for failing to comply with any provision(s) of this article.
F.
Failure to register. Failure of any creditor, person, owner or legal
entity to properly register or modify the registration form from time
to time to reflect a change of circumstances as required by this article
is a violation of this article and shall be subject to enforcement.
A.
Failure to register. Any person or legal entity who fails to register
a registered property as required pursuant to this article, as it
may be amended, and/or pay the required registration fee, upon conviction
in the Municipal Court of the City of Millville, or such other court
having jurisdiction, shall be subject to a civil penalty in an amount
of $500, plus the costs of registration, for each unregistered registered
property.
B.
Failure to appoint an in- state agent. Any out- of-state creditor who shall fail to appoint an in-state representative or agent as required in § 11-48, as it may be amended, upon conviction in the Municipal Court of the City of Millville, or such other court having jurisdiction, shall be subject to a civil penalty in an amount of $2,500 per day of the violation, provided no such penalty shall commence until the day after the thirty-day period provided for the initial registration.
C.
Any person, firm or corporation which shall violate any provision
of this article shall, upon conviction thereof, be subject to a fine
of $2,500 for each day of the violation pursuant to N.J.S.A. 40:48-2.12(s)3
as determined by the court. Each day that a violation continues shall
be deemed a separate offense.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
City of Millville code(s) which may apply to the property. Upon sale
or transfer of title to the property, the owner shall be responsible
for all violations of the applicable code(s), and the owner shall
be responsible for meeting with the City of Millville Code Enforcement
Office within 45 days for a final courtesy inspection report.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the enforcement officer
may temporarily secure the property at the expense of the mortgagee
and/or owner and may bring the violations before the City of Millville
Code Enforcement Office as soon as possible to address the conditions
of the property.
B.
The City Code Enforcement Office shall have the authority to require
the mortgagee and/or owner of record of any property affected by this
section to implement additional maintenance and/or security measures,
including, but not limited to, securing any and all doors, windows
or other openings, employment of an on-site security guard or other
measures as may be reasonably required to help prevent further decline
of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
City Code Enforcement Office may direct the City to abate the violations
and charge the mortgagee with the cost of the abatement.
D.
If the
mortgagee does not reimburse the City for the cost of temporarily
securing the property, or of any abatement directed by the Code Enforcement
Office within 30 days of the City sending the mortgagee the invoice,
then such amount, together with an administrative fee of $500 to address
the City's administrative expenses, shall be a lien against the property
and recorded and collected as provided by the statutes of the State
of New Jersey.
Any person, firm or corporation which shall oppose, obstruct or resist any enforcement officer or any person authorized by this article in the discharge of duties as provided in this article shall be subject to penalties as set forth in § 11-52.2.
Any code enforcement officer or any person authorized by the
City 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.
