[Adopted 10-17-2013 by Ord. No. 12-2013]
The public officer charged with the responsibility for identifying
abandoned properties and giving notice as set forth in N.J.S.A. 55:19-82
shall be that officer designated by the City Council pursuant to N.J.S.A.
55:19-80.
The City of Brigantine, through its appropriate officials, including,
but not limited to, the public officer, shall have all powers afforded
to the municipality, and its agents, servants and employees, under
the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78, including,
but not limited to, the power to transfer possession and control of
an abandoned property in need of rehabilitation to a municipality,
pursuant to N.J.S.A. 55:19-84, subject, nevertheless, to the procedural
requirements for same set forth in said Act; the power to enter, secure,
stabilize, repair or inspect the property under N.J.S.A. 55:19-86;
the power to exercise its rights to further rehabilitation and re-use
of the property under N.J.S.A. 55:19-90 et seq.; the power to impose
liens upon, undertake improvements to, and borrow funds to facilitate
powers delegated to municipalities under said Act, in accordance with
said Act; and all such powers and authority delegated to municipalities
under said Act, all of which statutes are incorporated herein and
made a part hereof by reference.
The owner of the property and the parties of interest shall
have all rights afforded to them under the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., including, but not limited to, all
defenses to a complaint filed by the City of Brigantine pursuant to
N.J.S.A. 55:19-87; the right to petition for reinstatement of control
and possession pursuant to N.J.S.A. 55:19-92 provided that the owner
satisfies all requirements and obligation pursuant to N.J.S.A. 55:19-93
and N.J.S.A. 55:19-94; and all such rights delegated to the owner
of the property and parties of interest under said Act, all of which
statutes are incorporated herein and made a part hereof by reference.
The mortgage holder or lien holder shall have all rights the
property and the parties of interest shall have all rights afforded
to them under the Abandoned Properties Rehabilitation Act, N.J.S.A.
55:19-78 et seq. including, but not limited to, the right to seek
to be designated in possession of the property pursuant to N.J.S.A.
55:19-89; and all such rights delegated to the mortgage holder or
lien holder under said Act, all of which statutes are incorporated
herein and made a part hereof by reference.
[Adopted 1-20-2016 by Ord. No. 2-2016; amended in its entirety 10-19-2022 by Ord. No.
16-2022]
It is the purpose and intent of the City of Brigantine to establish
a process to address the deterioration and blight of City of Brigantine
neighborhoods caused by an increasing amount of real property in foreclosure
located within the City of Brigantine, and to identify, regulate,
limit and reduce the number of foreclosure properties located within
the City of Brigantine. It is the City of Brigantine's further
intent to participate in the County-wide registration program established
by the Atlantic County Improvement Authority as a mechanism to protect
neighborhoods from becoming blighted due to the lack of adequate maintenance
and security of foreclosure properties.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY
Any real property located in the City of Brigantine, whether
vacant or occupied, that is in default on a mortgage, as evidenced
by a foreclosure filing, has had a complaint and summons filed, has
had a lis pendens filed against it by the lender holding a mortgage
on the property, is subject to an ongoing foreclosure action by the
lender, or has been transferred to the lender under a deed in lieu
of foreclosure. The designation of a property as "foreclosure" shall
remain in place until such time as the property is sold or transferred
to a new owner, the foreclosure action has been dismissed, and sold
to a non-related bona fide purchaser in an arm's length transaction.
ACCESSIBLE PROPERTY/STRUCTURE
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.
APPLICABLE CODES
To include, but not be limited to, the City of Brigantine's
Zoning Code the City of Brigantine's Code of Ordinances ("Brigantine
Code"), and the New Jersey Building Code.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Brigantine
Code; or
D.
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 Brigantine City and Zoning Codes.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, public
officer, or other person authorized by the City of Brigantine to enforce
the applicable codes.
MORTGAGEE
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
as assignee or owner.
OWNER
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.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
REAL 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 City limits.
REGISTRABLE PROPERTY
Any real property located in the <GOVERNED AREA>, whether
vacant or occupied, that 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 non-related
bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed.
VACANT
Any building or structure that is not legally occupied.
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 Brigantine above and beyond
any other state, county or local provisions for same.
Pursuant to the provisions of §
237-1 et seq., the City of Brigantine shall participate in the County-wide registration program established by the Atlantic County Improvement Authority cataloging each abandoned property within the City of Brigantine, containing the information required by this article.
All foreclosing or foreclosed 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 the City of Brigantine.
Adherence to this article does not relieve any legal entity
or agent from any other obligations set forth in any applicable codes,
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 codes and the owner shall be responsible for meeting
with the City's Code Enforcement Division within 45 days for
a final courtesy inspection report.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this article shall be punishable as provided
in the applicable codes or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the City
of Brigantine 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.