[Adopted 4-15-2015 by Ord. No. 2015-10]
Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after a determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of this article, any other chapter of the Code of the Township of Florence, pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise.
If the public officer, or other authorized municipal official,
determines that a creditor obligated to care, maintain, secure and
keep up a vacant and abandoned property has failed to do so in violation
of the provisions of this article or any other chapter of this Code,
the public officer or other authorized municipal official shall issue
a notice of violation to the creditor that has filed a summons and
complaint to foreclose on the property in question. The 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 public health and
safety. The issuance of this notice shall constitute evidence that
a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the municipal clerk pursuant to paragraph
one of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court
of competent jurisdiction to have violated this provision shall be
subject to a fine of $2,500 for each day of the violation commencing
on the day after the ten-day period set forth in paragraph one of
N.J.S.A. 46:10B-51 with respect to notifying the municipal clerk that
an action to foreclose on the property has been filed.
Except as set forth in § 116-26 and herein, any person, firm, corporation or entity violating any provision of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this Code. A creditor required to care, maintain, secure and keep up a property under this article cited in a notice issued pursuant to § 116-25 shall be subject to a fine of $1,500 for each day of the violation.
Notice of violations of property maintenance, building or other property codes for any property declared vacant and abandoned pursuant to this Article shall be given to a foreclosing creditor pursuant to the procedures of § 116-25 of this Code as required by P.L. 2014, c. 35.
