City of Port Republic, NJ Chapter 196 Real Property, Abandoned

[HISTORY: Adopted by the City Council of the City of Port Republic 2-9-2016 by Ord. No. 01-2016; amended in its entirety 8-9-2022 by Ord. No. 03-2022. Subsequent amendments noted where applicable.]

§ 196-1 Purpose and intent.

It is the purpose and intent of the municipality to establish a process to address the deterioration and blight of municipality neighborhoods caused by an increasing amount of abandoned, foreclosed or distressed real property located within the municipality and to identify, regulate, limit and reduce the number of abandoned properties located within the municipality. It is the municipality's further intent to participate in the countywide 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 abandoned and foreclosed properties.

§ 196-2 Definitions.

The following words, terms and phrases, when used in this chapter, 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 municipality, whether vacant or occupied, that is in default on a mortgage as evidenced by 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 lien of foreclosure. 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 or the foreclosure action has been dismissed.

ACCESSIBLE PROPERTY/STRUCTURE

A property that is accessible through a comprised/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 municipality's Zoning Code,[1] the municipality's Code of Ordinances ("Municipality 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 Municipality Code;

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 municipality and Zoning Codes.

ENFORCEMENT OFFICER

Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector or building inspector, or other person authorized by the municipality to enforce the applicable code(s).

FORECLOSURE or FORECLOSURE ACTION

The legal process by which a mortgagee or other lienholder 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 lienholder, 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, lienholder, or their designee by certificate of title or any other means is sold to a nonrelated bona fide purchaser in an arm's length transaction to satisfy the debt or lien.

MORTGAGEE/CREDITOR

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.

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 municipality limits.

VACANT

Any building or structure that is not legally occupied.

[1] Editor's Note: See Ch. 160, Land Use.

§ 196-3 Applicability.

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 municipality above and beyond any other state, county or local provisions for same.

§ 196-4 Participation in registration program.

Pursuant to the provisions of this chapter, the municipality or designee shall participate in the countywide registration program established by the Atlantic County Improvement Authority cataloging each abandoned property within the municipality, containing the information required by this chapter.

§ 196-5 Registration of abandoned real property.

A. Any mortgagee who holds a mortgage on real property located within the municipality shall perform an inspection of the property to determine vacancy or occupancy upon default by the mortgagor as evidenced by a foreclosure filing. The mortgagee shall, within 10 days of the inspection, register the property with the Division of Code Enforcement, or designee, on forms or website access provided by the municipality, 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 but remains in default, it shall be inspected by the mortgagee or his designee monthly until the mortgagor or other party remedies the default or it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within 10 days of that inspection, update the property registration to a vacancy status on forms provided by the municipality.

C. Registration pursuant to this section shall contain the name of the mortgagee and the server, the direct mailing address of the mortgagee and the server, a direct contact name and telephone number for both parties, facsimile number and email address for both parties, the folio or tax number, 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 in the amount of $500 per property shall accompany the registration form or website registration. If the foreclosing or foreclosed 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 municipality 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 in foreclosure.

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 chapter is a violation of the 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 chapter, the municipality may take the necessary action to ensure compliance with and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.

§ 196-6 Maintenance of abandoned property.

A. 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, printed material or any other items that give the appearance that the property is abandoned.

B. 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.

C. Front, side, and rear yards, including landscaping, shall be maintained in accordance with the applicable code(s) at the time registration was required.

D. Yard maintenance shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.

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

F. Pools and spas shall be maintained so the water remains free and clear of pollutants and debris and shall comply with the regulations set forth in the applicable code(s).

G. 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 citation or notice of violation in accordance with § 195-10 et seq. of the Code of the City of Port Republic. Pursuant to a finding and determination by the municipality's Code Enforcement Officer/Board, Hearing Officer/Special Magistrate or a court of competent jurisdiction, the municipality may take the necessary action to ensure compliance with this section.

H. In addition to the above, the property is required to be maintained in accordance with the applicable code(s).

§ 196-7 Security requirements.

A. Properties subject to this chapter 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 mortgage on a property is in foreclosure 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 chapter and any other applicable laws.

§ 196-8 Public nuisance.

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 the municipality.

§ 196-9 Violations and penalties.

Any person who shall violate the provisions of this chapter may be cited and fined as provided in § 195-10 et seq. of the Code of the City of Port Republic and New Jersey Statutes, N.J.S.A. 40A:65-l et seq. The following subsections show violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this chapter and the dollar amount of civil penalty for the violation of these sections, as may be amended. The descriptions of "violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the Municipality Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the descriptions of violations below. To determine whether a particular activity is prescribed or required by this Code, the relevant Municipality Code section(s) shall be examined.

A. Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(1): An out-of-state creditor subject to this chapter adopted pursuant to Subsection a of this section[1] found by the municipal court of the municipality in which the property subject to this chapter is located, 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 chapter 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.

[1] Editor's Note: See N.J.S.A. 40:48-2.12s3a.

B. Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(2): A creditor subject to this chapter adopted pursuant to Subsection a of this section[2] found by the municipal court of the municipality in which the property subject to this chapter is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection A of this section, of this chapter 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 of violation, 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.

[2] Editor's Note: See N.J.S.A. 40:48-2.12s3a.

§ 196-10 Inspections for violations.

Adherence to this chapter does not relieve any person, legal entity or agent from any other obligations set forth in any applicable 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 municipality's Code Enforcement Division within 45 days for a final courtesy inspection report.

§ 196-11 Additional authority.

A. If the enforcement officer has reason to believe that a property subject to the provisions of this chapter is posing a serious threat to the public health, safety and welfare, the Code Enforcement Officer may temporarily secure the property at the expense of the mortgagee and/or owner and may bring the violations before the municipality's Code Enforcement Board or Code Enforcement Special Magistrate as soon as possible to address the conditions of the property.

B. The Code Enforcement Board or Hearing Officer/Special Magistrate 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 Code Enforcement Board or Special Magistrate may direct the municipality to abate the violations and charge the mortgagee with the cost of the abatement.

D. If the mortgagee does not reimburse the municipality for the cost of temporarily securing the property or of any abatement directed by the Code Enforcement Board or Special Magistrate, within 30 days of the municipality sending the mortgagee the invoice, then the municipality may lien the property with such cost, along with an administrative fee of $500 to recover the administrative personnel services.

§ 196-12 Enforcement opposition, obstruction, or resistance.

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 chapter shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.

§ 196-13 Immunity of enforcement officer.

Any enforcement officer or any person authorized by the municipality 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 chapter.

§ 196-14 Amendments.

Registration and penalty fees outlined in this chapter may be modified by an amendment passed and adopted of the City Council of the municipality.

§ 196-15 Severability.

If any section, sentence, clause, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.

§ 196-16 Repealer.

All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed.

§ 196-17 Codification.

It is the intention of the City Council of the municipality that the provisions of this chapter shall become and be made a part of the Code of the City of Port Republic; and that the sections of this chapter may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions.

§ 196-18 Effective date.

This chapter shall become effective on August 1, 2022.