[Adopted 8-28-2014 by Ord. No. 24-2014; amended in its entirety 9-8-2022 by Ord. No. 20-2022]
It is the purpose and intent of this article to amend the process
to mitigate the amount of deteriorating property located within the
City of Somers Point, which is in foreclosure, or where ownership
has been transferred to a lender or mortgagee by any legal method.
It is further intended to improve the registration program as a mechanism
to protect neighborhoods from becoming blighted through the lack of
adequate maintenance of properties during the foreclosure process.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning. Where the context will permit
and no definitions are provided herein, the definitions provided in
the State of New Jersey Building Code shall apply. 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.
Any real property that is vacant and that has had a lis pendens
filed against it by the lender holding a mortgage on the property,
and/or is subject to an ongoing foreclosure action by the mortgagee,
and/or is under a notice of mortgagee's 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.
For the purpose of registration and enforcement, "abandoned
real property" also means any real property that is occupied and that
has had a lis pendens filed against it by the lender holding a mortgage
on the property, and/or is subject to an ongoing foreclosure action
by the lender, and/or is under a notice of mortgagee's 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.
The designation of a property as "abandoned" shall remain in
place until such time as the property is sold or transferred to a
new owner through an arm's length transaction, or the foreclosure
action has been dismissed.
A property that is accessible through a compromised/breached
gate, fence, wall, etc.
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
Twelve months from the date of the first action that requires
registration, as determined by the Town, or its designee, and every
subsequent 12 months. The date of the initial registration may be
different than the first action that required registration.
Properties that have broken or severely damaged windows, doors,
walls, or roofs or other code deficiencies which create hazardous
conditions and encourage trespassing;
Properties cited for a public nuisance pursuant to the Somers
Point 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 Municipal and Zoning Codes.
The City of Somers Point.
Any real property and structure(s) for other than residential
use.
Consecutive calendar days.
When a mortgagee declares said mortgage to be in default
either in writing, by recording a complaint for foreclosure, lis pendens,
or commences foreclosure proceedings.
The Code Enforcement Office, the Department of Public Works,
the Police Department, and any other department designated as such
by the City Administrator.
Any full-time or part-time law enforcement officer, building
official, fire inspector or code enforcement officer employed by,
contracted for, or servicing the City of Somers Point.
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, electricity, water, or other utilities turned
off, stagnant swimming pool, statements by neighbors, passersby, delivery
agents or government agents, among other evidence.
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. This definition shall include, but is not limited to,
a complaint and summons filed with respect to foreclosure on a mortgage,
a lis pendens filed against it by the lender holding a mortgage on
the property, a deed-in-lieu of foreclosure, sale to the mortgagee
or lien holder, certificate of title and all other processes, activities
and actions, by whatever name, associated with the described process.
The legal process is not concluded until the property obtained by
the mortgagee, lien holder, or their designee, by certificate of title,
or any other means, is sold to a non-related bona fide purchaser in
an arm's length transaction to satisfy the debt or lien.
An individual property manager, property management company,
property maintenance company or similar entity located within the
State of New Jersey, designated by the owner or mortgagee who is responsible
for the maintenance of real property as required by this chapter.
The creditor, including but not limited to, mortgage service
companies, lenders in a mortgage agreement and any agent, servant
or employee of the mortgagee, or any successor in interest and/or
assignee of the mortgagee's rights, interests, or obligations
under the mortgage agreement, excluding governmental entities as assignee
or owner.
Any real estate, residential property, or portion thereof,
located in the City, including buildings or structures situated on
the property. For the purposes of this section only, "property" does
not include property owned or subject to the control of the City or
any of its governmental bodies or agencies.
All abandoned 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 Somers Point.
All waterways, lands and improvements owned by governmental
body or any governmental agency, including but not limited to easements
and rights-of-way.
Any property that contains one or more dwelling units used,
intended, or designed to be occupied for living purposes.
Taking measures that assist in making the property inaccessible
to unauthorized persons.
Any property not currently legally occupied and not properly
maintained or secured.
This article relates to foreclosure and/or vacant property.
This chapter shall be considered cumulative and is not superseding
or subject to any other law or provision for same but shall rather
be an additional remedy available to the City of Somers Point in addition
to, above and beyond any other state, county and/or local provisions
for same; and in addition to any other remedies in law or equity not
set forth herein.
A.
Registration of real property by mortgagee:
(1)
Any mortgagees as defined in § 169-72 must register foreclosing properties with the Somers Point Code Enforcement Office on forms to be provided by the Code Enforcement Office.
(2)
All registrations must state the mortgagee's and agent's
name, phone number and mailing address. The mailing address may not
be a P.O. box. This registration must also certify that the property
was inspected and identify whether the property is vacant at the time
of filing. If the property is vacant, the registrant must designate
and retain an individual or local property management company responsible
for the security and maintenance of the property within the State
of New Jersey. This designation must state the individual or company's
name, phone number and local mailing address. The mailing address
may not be a P.O. box.
(3)
The registration must be received within 10 days of the initiation
of the foreclosure process as required by N.J.S.A. 46:10B-51.
B.
Any mortgagee who holds a mortgage on real property located within
the City of Somers Point shall perform an inspection of the property
that is the security for the mortgage, upon default, as evidenced
by a foreclosure filing against the property. If the property is found
to be vacant or shows evidence of vacancy, it shall be deemed abandoned
and the mortgagee shall, within 10 days of the inspection, register
the property with the Code Enforcement Officer, his or her designee,
or other authorized representative, on forms provided by the City
of Somers Point Code Enforcement Office. A separate registration is
required for each property, whether it is found to be vacant or occupied.
C.
If the property is occupied but remains in foreclosure, it shall
be inspected by the Mortgagee or their designee monthly until the
foreclosure is resolved; or, if the property is found to be vacant
or shows evidence of vacancy, at which time it is deemed to be abandoned,
the mortgagee shall, within 10 days of that inspection, register the
property with the Code Enforcement Officer on forms provided by the
City of Somers Point Code Enforcement Office. A registration is required
for each foreclosure property.
D.
All registrations pursuant to this section shall contain, at a minimum,
the name of the mortgagee along with the corresponding mailing addresses
of both mortgagee/servicer, e-mail addresses, and telephone numbers.
The mailing address may not be a P.O. box. This registration must
also certify that the property was inspected and identify whether
the property is vacant at the time of filing. If the property is vacant,
the mortgagee, and/or registrant, must designate and retain an individual
or local property management company responsible for the security
and maintenance of the property within the State of New Jersey. This
designation must state the individual or company's name, phone
number and local mailing address. The mailing address may not be a
P.O. box.
(1)
The local property manager shall be responsible to inspect, secure
and maintain the property. The local property manager named in the
registration shall be located within New Jersey and available to be
contacted Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays
and lunch hours excepted.
(2)
A 24/7 contact number for the local property manager shall also be
provided to be used in the event of an emergency.
E.
Annual registration.
(1)
All property registrations are valid for one year from the date the
property was required to have been registered.
(a)
The initial registration fee is $500 and must accompany the
registration form.
(b)
Subsequent annual registration fees are $500 and must accompany
the registration form.
(c)
All applications and fees are due by the registration date specified in Code § 169-74. All renewal applications and fees are due on the expiration of the prior annual registration. Registration fees and renewal fees will not be prorated or refunded and are in addition to any fines, penalties or assessments which may be imposed under Code § 169-79, including penalties for late registration.
(d)
If the foreclosure property is not registered, or the registration
fee is not paid within 30 days of when the registration or renewal
is required pursuant to this section, a late fee equivalent to 10%
of the annual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered, and shall
be due and payable with the registration.
(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 the City and/or its authorized designee.
(2)
No governmental agency is required to pay the annual registration
fee.
(3)
Properties subject to this section shall remain under the annual
registration requirement, inspection, security, and maintenance standards
of this section as long as they remain abandoned, as defined herein,
or are vacant.
F.
Change in status. Any mortgagee that has registered a property under
this chapter must report any change of information contained in the
registration within 10 calendar days of the change. There is no fee
for modifying contact information if the organizational information
remains the same and within one year of the last registration payment.
G.
Failure of the mortgagee to properly register or to revise from time
to time the registration to reflect a change of circumstances as required
by this chapter is a violation of this and may result in a citation
by the Code Enforcement Office with subject to the penalty provided
herein.
H.
Pursuant to a finding and determination by the Code Enforcement Officer
or the Somers Point Police Department that any property is in violation
of the City ordinance or ordinances, and if not corrected within 30
calendar days following receipt of written notice to the owner or
mortgagee, the City may take the necessary action to ensure compliance
with its ordinance(s) and place a lien(s) on the property for the
cost of the work performed to benefit the property and to bring it
into compliance, which lien may be assigned to either the entity that
performs the work or arranges to have the work performed.
I.
At such time that the property becomes abandoned, the owner or mortgagee
shall submit a no-trespass affidavit with the Code Official and/or
assignee that the property has been posted as "No Trespass."
A.
The owner of any property subject to this article shall:
(1)
Keep the property free of:
(a)
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.
(b)
Weeds, overgrown brush, or dead vegetation over the height limitations
imposed by the Somers Point Municipal Code. The obligation to maintain
shall include, but not be limited to, watering, irrigation, cutting
and mowing of required landscape and removal of all trimmings and
weeds.
(c)
Rubbish, broken glass, stumps, roots, obnoxious growths, filth,
garbage, trash, refuse and debris, dead and dying trees or other natural
growth which, by reason of rotting or deteriorating condition or storm
damage within 50 feet of a structure on an adjacent property or public
right-of-way which constitutes a hazard to persons or structures in
the vicinity thereof; and
(d)
Dilapidated bulkheads.
(2)
Maintain property on which and along which sidewalks and curbs are
located in proper condition and good repair, free of obstruction,
debris, or other unsafe conditions, projections, obstructions, icy
conditions, and snow accumulation.
(3)
Maintain the property 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 Somers Point City Code
and the International Property 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.
(4)
Keep pools, fountains, ponds, and spas in working order or properly
winterized and covered or lawfully demolished so that pool, fountain,
pond, and spa water remains free and clear of pollutants and debris.
Pools, fountains, ponds, and spas shall comply with the enclosure
requirements of the Somers Point Municipal Codes and the State of
New Jersey Building Code. Demolition or removal of pools, fountains,
ponds, and spas shall be performed in compliance with the New Jersey
Building Code, the Somers Point Municipal Code, and all other applicable
laws, rules, and regulations.
B.
Failure to maintain. Failure of the owner to properly maintain the
property as required by this article is a violation of the Somers
Point Municipal Code and may result in the issuance of a citation
by the Code Enforcement Officer. Pursuant to a finding and determination
by the Code Enforcement Officer that any property is in violation
of a City ordinance or ordinances, the City may take the necessary
action to ensure compliance with its ordinances and place a lien(s)
on the property and assign it as provided elsewhere herein.
C.
Maintenance to comply with applicable laws, codes, rules, and regulations.
Properties subject to the requirements of this article must be maintained
in accordance with all applicable federal, state, and local laws,
rules, and regulations. The owner or local property management company
must inspect the property twice a month for the duration of the vacancy.
D.
Posting of notice on vacant or abandoned property.
(1)
When a property becomes vacant, within not less than 10 calendar
days following the date it becomes vacant, the property shall be posted
with the name and twenty-four-hour contact telephone number of the
local property manager. 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. The posting shall contain the following language: "THIS
PROPERTY IS MANAGED BY (Name of Local Property Manager). TO REPORT
PROBLEMS OR CONCERNS, CALL (Telephone Number of Local Property Manager)."
The sign shall be kept properly maintained and legible during the
period of the vacancy.
(2)
The posting shall be placed on the interior of a window facing the
street to the front of the property so that it is visible from the
street, or secured to the exterior of the building/structure facing
the street to the front of the property so that it is visible from
the street, or if no such area exists, 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. Exterior posting shall be constructed of and printed with
weather- resistant materials. The posting shall be kept properly maintained
and legible during the period of the vacancy.
E.
Not exclusive. Adherence to this section does not relieve the owner
of any applicable obligations set forth in this code, covenant conditions
and restrictions, and/or homeowners' association rules and regulations.
A.
Properties subject to this article 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 or adult to access the interior of the property
and/or structure. Broken windows shall be secured by reglazing or
boarding.
C.
The local property manager shall inspect the vacant or abandoned
property on a biweekly basis to ensure that the property is in compliance
with this article. Upon the request of the City of Somers Point Code
Enforcement Officer or his designee, the local property manager shall
provide a copy of the inspection reports to the Code Enforcement Officer.
D.
Failure of the owner or local property manager to properly inspect
and secure the property, and post and maintain the signage noted in
this section, is a violation of this article and shall result in the
issuance of a notice of violation by the Code Enforcement Officer
or his or her designee.
(1)
Pursuant to a finding and determination by the Code Enforcement Officer
or his or her designee that any property is in violation of any City
ordinances or other applicable codes or regulations, the City of Somers
Point City Administrator or his designee may take the necessary action
to ensure compliance with this section, and place a lien(s) on the
property and assign it as provided elsewhere herein.
A.
The Code Enforcement Officer or Somers Point police officer, or other
designee or authorized representative, shall have authority to require
the owner of any property affected by this article 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.
B.
Whoever interferes with, obstructs, or resists any enforcement officer
or any person authorized by the enforcement officer in the discharge
of duties as provided in this article shall be punishable as provided
in this article, by any applicable code, or as determined by a court
of competent jurisdiction.
The enforcement authority shall have the authority and the duty
to inspect properties subject to this article for compliance and to
issue summonses for any violations.
A.
Failure to initially register with the enforcement authority is punishable
by a fine of $500.
B.
Failure to report any change of information contained in the registration
within 10 calendar days of the change is punishable by a fine of $500
for each day after the expiration of the 10th calendar day continuing
through to the day prior to the date on which the information shall
have been supplied.
C.
Failure of an in-state creditor to identify the name of the individual
or property management company is punishable by a fine of $500 for
each day of the violation. Any fines imposed on a creditor for the
failure to appoint an in-state representative or agent shall commence
on the day after the ten-day period set forth in Paragraph (1) of
Subsection a of Section 17 of P.L. 2008, c.127 (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 a mortgage has been served.
D.
An out-of-state creditor found by the municipal court of the City
of Somers Point, or by any other court of competent jurisdiction,
to be in violation of the requirement to appoint an in-state representative
or agent pursuant to this article shall be subject to a fine of $2,500
for each day of the violation. Any fines imposed on a creditor for
the failure to appoint an in-state representative or agent shall commence
on the day after the ten-day period set forth in Paragraph (1) of
Subsection a of Section 17 of P.L. 2008, c. 127 (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 a mortgage has been served.
E.
A creditor found by the municipal court of the City of Somers Point,
or by any other court of competent jurisdiction, to be in violation
of the requirement to correct a care, maintenance, security, or upkeep
violation cited in a notice issued pursuant to this article 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 presents an imminent
risk to public health and safety, in which case any fines shall commence
11 days following receipt of the notice.
(1)
In addition to the fine set forth above, the creditor shall be responsible
for the costs associated with the cleanup, including, but not limited
to, tipping fees and overtime for use of personnel and equipment which
shall constitute a lien on the property.
F.
Where the property is vacant or shows evidence of vacancy, and foreclosure proceedings have not been initiated, the failure of an owner or creditor to file a registration within the required ten-day period following the enforcement authority's first notice of violations or summons for improper maintenance is punishable by a fine of $500 per day, which shall commence on the day after the ten-day period set forth in § 169-73 has expired.
G.
Failure to renew a vacant property registration with the enforcement
authority is punishable by a fine of not less than $500 nor greater
than $2,000 per occurrence. Each day during which the registration
was not renewed following its expiration shall be deemed a separate
occurrence.
I.
In all cases where, after expiration of the notice and opportunity to comply with any of the requirements set forth in § 169-75, such condition is corrected by the City by or under the direction of the Department of Public Works or by a contractor retained by the City, including, but not limited to, mowing, removal of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris removed from any lands or property, the Director of Public Works or contractor, as the case may be, shall certify the cost thereof to the City Administrator, who shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said lands.
(1)
The amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes and shall be collected and enforced by the
same officers and in the same manner as taxes.
J.
Nothing contained herein shall prevent the Department of Public Works,
in a case of an unregistered or delinquent registered owner, from
cleaning up the property on an as-needed basis and imposing a lien
against the property for costs associated for cleanup as set forth
in this section.
K.
Any fine(s) or cost(s) associated with cleaning up the property that
remains uncollected or unpaid shall, by resolution of the City Council,
become a lien upon the property, which lien shall hereafter form part
of the taxes next to be assessed and levied upon said lands, the same
to bear interest at the same rate as taxes to be collected and enforced
by the same officers and in the same manner as taxes in accordance
with the provisions of N.J.S.A. 40:48-2.14 and this Code.
Upon the effective date of the ordinance from which this article
derives, any existing vacant or foreclosing properties shall have
30 days to comply with the provisions of this article.
Nothing contained in this article shall prohibit the City of
Somers Point from enforcing its codes by any other means, including,
but not limited to, injunction, abatement or as otherwise provided
by the Somers Point Municipal Code or applicable law.
The registration fees and penalties contained in this Article
and the provisions set forth herein may be amended only by an ordinance
adopted by the Somers Point City Council.
