It is the purpose and intent of the Township of Elk to establish
a process to address the increasing amount of abandoned, foreclosed
or distressed real property located within the Township, and to identify,
regulate, limit and reduce the number of abandoned properties located
within the Township. It is the Township of Elk's further intent
to participate in registration program as a mechanism to protect neighborhoods
from becoming blighted due to the lack of adequate maintenance and
security of abandoned and foreclosed 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.
Any real property located in the Township of Elk, whether
vacant or occupied, that is in default on a mortgage, 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, is subject
to an application for a tax deed or pending Tax Assessor's lien
sale, or has been transferred to the lender under a deed in lieu 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, the foreclosure action has been dismissed, and any default
on the mortgage has been cured.
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.
To include, but not be limited to, the Township of Elk's
Zoning Code, the Township of Elk's Code of Ordinances ("Township
Code"), and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Township
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 lacks
maintenance as required by the Township Codes.
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this section, a creditor shall not include the state, a political
subdivision of the state, a state, county or local government entity,
or their agent or assignee, such as the servicer.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township of Elk to enforce the applicable
code(s).
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.
An owner, agent, local property manager, property maintenance
company or similar entity responsible for the maintenance of abandoned
real property.
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property pursuant to
Section 17 of P.L. 2008, c.127 (N.J.S.A. 46:10B-51).
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 Township of Elk above and beyond
any other state, county or local provisions for same.
Pursuant to the provisions of § 79-10, the Township of Elk or its designee shall participate in a registration program for the purpose of cataloging each abandoned and/or foreclosed property within the Township of Elk, containing the information required by this article.
A.
The creditor filing a summons and complaint in an action to foreclosure shall, in addition to the notice provided to the municipality pursuant to N.J.S.A. 46:10B-51, register the residential or commercial property with the municipality's property registration program as a property in foreclosure and, as part of that registration: a) provide the municipality with the information regarding the creditor required by paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127, N.J.S.A. 46:10B-51), or b) identify 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 c) identify whether the property is vacant and abandoned in accordance with the definition in this article required by Subsection E of this section.
B.
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information.
C.
The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned in accordance with the definition in this article required by Subsection E of this section after the property is initially registered with the municipality, update the property registration with the municipality to reflect the change in the property's status.
D.
The creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program. A creditor located out-of-state shall be responsible for
appointing an in-state representative or agent to act for the foreclosing
creditor.
E.
A property shall be considered vacant and abandoned if it is not
legally occupied by a mortgagor or tenant, 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)
The 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, or government employees
indicating that the property is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or closed
off, or multiple window panes 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 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
F.
Any creditor who holds a mortgage or equity lien on real property
located within the Township of Elk shall perform an inspection of
the property to determine vacancy or occupancy, upon default by the
mortgagor.
G.
If the property is occupied but remains in default, it shall be inspected
by the creditor or his designee monthly until: 1) the mortgagor or
other party remedies the default; or 2) it is found to be vacant or
shows evidence of vacancy at which time it is deemed abandoned, and
the creditor shall, within 10 days of that inspection, update the
property registration to a vacancy status on forms provided by the
Township of Elk.
H.
The following annual registration fees shall accompany the registration
form or website registration: 1) $500 per property annually for any
property that is required to be registered because a summons and complaint
in an action to foreclose was filed by the creditor; and 2) an additional
$2,000 per property annually if the property is vacant or abandoned
pursuant to the definition in this article when the summons and complaint
in an action to foreclose is filed, or becomes vacant and abandoned
pursuant to this article at any time thereafter while the property
is in foreclosure. On each anniversary date of the initial registration,
the owner or creditor shall submit a renewal registration and fee.
I.
All registration fees must be paid directly from the creditor, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the municipality and/or its authorized designee.
J.
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.
K.
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 abandoned, vacant
or in default.
L.
Failure of the creditor 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 article is a violation of the article and shall
be subject to enforcement.
M.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Township of
Elk 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.
A.
Properties subject to this article 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 appplicable 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 covered or 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). A fence shall secure
and prohibit access to the pool.
G.
The property shall be maintained free of mold, mildew, algae and/or
moss on all exterior structures and buildings.
H.
Failure of the creditor 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 this article and Chapter 47 and § 79-1 et seq. of the Township of Elk's Code. Pursuant to a finding and determination by the Township's Code Enforcement Officer or a court of competent jurisdiction, the Township of Elk may take the necessary action to ensure compliance with this section.
I.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.
Properties subject to these sections 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 or
replacing of the window.
C.
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
creditor 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 article, and any other applicable laws.
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 Township of Elk.
A.
An out-of-state creditor found by the Municipal Court of the municipality
in which the property subject to the ordinance 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 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) or paragraph (1) of subsection
a of Section 2 of P.L. 2021, c. 444, (N.J.S.A. 40:48-2.12e.) for providing
notice to the Municipal Clerk that a summons and complaint in an action
to foreclose on a mortgage has been served.
B.
A creditor found by the Municipal Court of the municipality in which the property subject to this article is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection A of this article shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph 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.
C.
Any other owner or person(s) who shall violate the provisions of
this article shall be cited and fined by one or more of the following:
imprisonment in the county jail or in any place provided by the municipality
for the detention of prisoners, for any term not exceeding 90 days;
or by a fine not less than $500 or exceeding $1,250; or by a period
of community service not exceeding 90 days.
D.
Any person who is convicted of violating this article within one
year of the date of a previous violation of the same section, and
who was fined for the previous violation, shall be sentenced by a
court to an additional fine as a repeat offender. The additional fine
imposed by the court upon a person for a repeated offense shall not
be less than the minimum or exceed the maximum fine fixed for a violation
of this article, but shall be calculated separately from the fine
imposed for the violation of this article.
Adherence to this article 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).
A.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this article 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 creditor
and/or owner, and may bring the violations before a court of competent
jurisdiction as soon as possible to address the conditions of the
property.
B.
The Code Enforcement Officer shall have the authority to require
the creditor and/or owner of record of any property affected by this
section, to implement additional maintenance and/or security measure,
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 Officer may direct the municipality to abate the
violations and charge the creditor with the cost of the abatement.
D.
If the creditor does not reimburse the Township of Elk 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 Township sending the creditor the invoice, then the Township
of Elk may lien the property with such cost, along with an administrative
fee of $800 to recover the administrative personnel services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the Code Enforcement Office in the discharge
of duties as provided in this article shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
of Elk 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.
