Township of Howell, NJ Real/Vacant Property Registration

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 acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers. For purposes of this chapter, 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.

OWNER

Includes the title holder, any agent of the title holder having authority to act with respect to a vacant/abandoned property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Section 17, as amended by P.L. 2009, c. 296), or any other entity determined by the Township of Howell to have authority to act with respect to the property.

PRINCIPAL STRUCTURE

A building other than one which is used for purposes wholly incidental or accessory to the use of another building on the same premises.

VACANT AND ABANDONED PROPERTY

Any real property that is vacant and/or is under a notice of mortgagee's sale, pending tax collector's lien sale and/or properties that have been the subject of a foreclosure sale where title is retained by the beneficiary of a mortgage involved in the foreclosure, and any properties transferred under a deed in lieu of foreclosure sale, a short sale or any other legal means; or

Any residential or commercial property not legally occupied by a mortgagor or tenants, which is in such condition that it cannot be legally reoccupied, because of the presence or finding of at least two of the following:

(1)

Overgrown or neglected vegetation;

(2)

Accumulation of newspapers, circulars, flyers or mail on the property;

(3)

Disconnected gas, electric, or water utility services to the property;

(4)

The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;

(5)

The accumulation of junk, litter, trash or debris on the property;

(6)

The absence of window treatments such as blinds, curtains or shutters;

(7)

The absence of furnishings and personal items;

(8)

Statements of neighbors, delivery persons, representatives of a common interest community association, or government employees indicating that the residence is vacant and abandoned;

(9)

Windows or entrances to the property that are boarded up or closed off or multiple windowpanes that are damaged, broken and unrepaired;

(10)

Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;

(11)

A risk to the health, safety or welfare of the public, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;

(12)

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;

(13)

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;

(14)

A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;

(15)

Any other reasonable indicia of abandonment.

§ 237-2 Notice to Clerk of action to foreclose.

Any creditor serving a summons and complaint in an action to foreclose on a mortgage on commercial property in the state shall, within 10 days of serving the summons and complaint, notify the Municipal Clerk and the Mayor or other chief executive officer of the municipality in which the property is located that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property.

The notice shall contain:

(1)

The full name, address, and telephone number for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations;

(2)

The full name and contact information for any person or entity retained by the creditor or a representative of the creditor to be responsible for any care, maintenance, security, or upkeep of the property;

(3)

The date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and

(4)

Whether the property is vacant and abandoned in accordance with the definition in this chapter.

The notice may contain information about more than one property and shall be provided by mail.

In the event the creditor is located out-of-state and has served a summons and complaint in an action to foreclose on a commercial property, the notice shall also contain the full name, address, and telephone number of an in-state representative or agent who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and abandoned.

The creditor filing a summons and complaint in foreclosure shall be responsible for the care, maintenance, security and upkeep of the exterior of the vacant and abandoned residential property and, if located out-of-state, shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.

§ 237-3 Registration requirements.

The owner of any property in foreclosure or vacant and abandoned property as defined herein shall, within 30 calendar days after the building enters foreclosure or becomes vacant property, or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such property with the Code Enforcement Officer on forms provided by the Township for such purposes. Failure to receive notice by the municipality shall not constitute a defense for failing to register the property.

Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.

The registration statement shall include the name, street address, telephone number and email address (if applicable) of a person 21 years or older designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceedings on behalf of such owner or owners in connection with the enforcement of any applicable code; and the name, street address, telephone number and email (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a twenty-four-hour-per-day seven-day-per-week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.

The registration shall remain valid until December 31 of the year in which the application is made. The owner shall be required to renew the registration annually in the month of January. Deadline for registration renewal shall be January 31 as long as the building remains a vacant and/or abandoned property and the owner shall pay a registration or renewal fee in the amount prescribed in § 237-4 of this chapter for each vacant property registered.

The owner shall notify the Clerk within 30 calendar days of any change in such registration information by filing an amended registration statement on a form provided by the Clerk for such purpose.

The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Township against the owner or owners of the building.

Failure to comply with the registration requirements or pay the registration fees set forth in this chapter shall result in a fine of not less than $100 but not more than $1,250 for each offense. Each day a violation continues shall constitute a separate and distinct offense. The Township may enforce said penalties and unpaid fees against the property owner in Municipal Court and collect such penalties and unpaid fees consistent with the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-11.

An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice to be provided pursuant to N.J.S.A. 46:10B-51.

In an effort to protect the health, safety and welfare of Howell Township's first responders, the Township will give an option to allow for an interior inspection of the property by the Township Fire Bureau.

(1)

In accordance with N.J.A.C. 5:70-2.1(b), Section 311 of the New Jersey edition of the International Fire Code and the Uniform Construction Code, the purpose of the inspection is solely to:

(a)

Determine that the building is secure.

(b)

Identify hazards that require immediate corrective action.

(c)

Evaluate the fire growth potential of the building.

(d)

Evaluate the potential for structural collapse.

(e)

Identify conditions that could be hazardous to personnel entering the building under emergency conditions (fire, police, EMS).

(2)

Consent to inspection will be provided on forms provided by the Township during registration.

(3)

By allowing inspection, property owners and responsible parties will receive a discount from the initial registration (first year) fee as set forth in § 237-4C.

(4)

By agreeing to the inspection and accepting the discount, the property owner or responsible agent agrees to the placement of a placard on the exterior of the structure, visible from the roadway, to identify which, if any, hazards exist consistent with the International Fire Code. The placard will be no larger than 24 inches by 24 inches and will be removed upon the property's deregistration.

§ 237-4 Fees.

Registration fees.

Registration Type		Fee
Property in foreclosure		$500
Vacant and/or abandoned property
	First year	$1,000
	Second year and every year thereafter	$2,000
Property in foreclosure that is vacant
	First year	$1,500
	Second year and every year thereafter	$2,500

Properties with multiple principal structures. Properties that are deemed vacant and abandoned as defined by this chapter and that contain multiple principal structures shall incur an additional $500 fee per structure per year. This fee shall not be assessed for multiple tenant spaces within a single commercial building.

Fire Bureau inspection discount. Any property owner that volunteers access to the interior portions of the property for the sole purpose of inspection by the Howell Township Fire Bureau in accordance with § 237-3H will receive a 50% discount off the first year's registration fee. To receive the discount, the property owner/responsible party must agree and execute an interior inspection of the property within 14 days of registration. The discount is only available for the first year's registration.

§ 237-5 Maintenance requirements.

Properties subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, or any other items that give the appearance that the property is abandoned or not being properly maintained. Weeds, overgrown brush or dead vegetation over the height limitations imposed by the Township of Howell's codes are prohibited.

The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior-grade paint that matches the color of the exterior structure. Yards shall be landscaped and maintained pursuant to the standards set forth in the code. Landscaping shall include, but not be limited to, grass, ground cover, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential, commercial or industrial installation, as applicable. Landscaping shall not include weeds, gravel, broken concrete, asphalt or similar material.

Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required landscape and removal of all trimmings and weeds.

Pools and spas shall be kept in working order so that pool and spa water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements of the Township of Howell codes and the State of New Jersey Building Code.

§ 237-6 Security requirements.

The owner of any property in foreclosure or vacant and abandoned property as defined herein shall take the following security measures:

Secure the property against unauthorized entry, including, but not limited to, closing any holes in the structure's roof, floor, or exterior walls; reglazing or boarding of any broken windows; and abating any known latent or concealed dangerous conditions. For the purposes of the measures required under this section, the use of tarps to cover any such holes or windows shall be insufficient.

Post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the responsible party, any authorized agent designated by the responsible party for the purpose of receiving service of process, and the person responsible for maintaining the property if different from the responsible party or authorized agent. If no such area for posting of the inside the property exists, such information shall be posted on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet. Exterior posting shall be constructed of and printed with weather-resistant materials.

The person responsible for maintaining the property shall inspect the property on a biweekly basis to ensure that the property is in compliance with this section as well as any other applicable laws or ordinances of the Township of Howell. Upon the request of the Township of Howell, or its authorized representative, the local property manager shall provide a copy of the inspection reports to the Code Compliance Division.

§ 237-7 Additional authority.

The Code Enforcement Officer, Director of Community Development, Howell Township Police or other designee, or other authorized representative, shall have authority to require the owner of any property affected by this chapter to implement additional maintenance and/or security measures, including, but not limited to, securing any and all door, window 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.

§ 237-8 Supplemental provisions.

Nothing contained in this chapter shall prohibit the Township of Howell from enforcing its codes by any other means, including, but not limited to, injunction, abatement or as otherwise provided by code.

§ 237-9 Violations and penalties.

The construction official, their designee or other public officer appointed in the Township pursuant to N.J.S.A. 40:48-2.3 et seq., or any other local official responsible for administration of any property maintenance or public nuisance code, is authorized to issue a notice to the creditor filing the summons and complaint in an action to foreclose if the construction official, public officer or other authorized municipal official determines that the creditor has violated this chapter by failing to provide for the care, maintenance, security and upkeep of the exterior of the property. Such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to the public health and safety. The issuance of a notice pursuant to this chapter shall constitute proof that a property is "vacant and abandoned" for the purposes of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73).

An out-of-state creditor subject to this chapter found by the Municipal Court of the Township of Howell or any other court of competent jurisdiction to be in violation of the requirement to appoint an in-state representative or agent pursuant to this chapter shall be subject to a fine of up to $2,500 for each day of the violation. Any fines imposed on a creditor for failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Paragraph 1, Subsection a, of N.J.S.A. 46:10B-51 for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on the mortgage has been served.

Any creditor subject to this chapter found by the Municipal Court of the Township of Howell, or any other court of competent jurisdiction, to be in violation of the Township's Property Maintenance Code[1] and who has failed to correct, abate or otherwise bring the property into compliance to correct a care, maintenance, security or upkeep violation cited in the notice shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following receipt of the notice, except if the violation prevents an imminent risk to the public health and safety, in which case any fines shall commence 11 days following receipt of the notice.

[1]

Editor's Note: See Ch. 232, Property Maintenance.

No less than 20% of any monies for fines collected pursuant to this chapter shall be utilized by the Township of Howell for municipal code enforcement purposes.