[Adopted 11-18-2013 by Ord. No. 12-13; amended in its entirety 10-17-2022 by Ord. No.
12-2022]
As used in this article, the following terms shall have the
meanings indicated:
Any property that is determined to be abandoned pursuant
to P.L. 2003, c. 170 (N.J.S.A. 55:19-78 et seq.), as follows:
Property must not have been legally occupied for six months
and must meet any one of the following criteria:
Property is in need of rehabilitation, in the reasonable judgment
of the public officer, and no rehabilitation has taken place during
that six-month period.
Construction was initiated and discontinued prior to completion,
leaving the building unsuitable for occupancy, and no construction
has taken place for at least six months as of the date of determination
that the building is abandoned.
At least one installment of property tax remains unpaid and
delinquent as of the date of determination.
The property has been determined to be a nuisance by the public
officer as defined in this section.
Exceptions to abandoned property.
A property which contains both residential and nonresidential
space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et
seq. so long as 2/3 or more of the total net square footage of the
building was previously legally occupied as residential space and
none of the residential space has been legally occupied for at least
six months at the time of the determination of abandonment by the
public officer.
Includes, but is not limited to, the following Borough of
Brooklawn Codes: zoning, property rehabilitation and maintenance code,
along with the state and county building and fire codes.
Includes, but is not limited to, the Borough of Brooklawn's
Neighborhood Improvement Ordinance, Solid Waste Ordinance, as well
as Residential and Commercial Recycling Ordinance.
The Borough of Brooklawn, County of Camden, State of New
Jersey.
A state-chartered bank, savings bank, savings and loan association
or credit union, any person required to be licensed under the provisions
of the "New Jersey Residential Mortgage Lending Act," Sections 1 through
39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and
any entity, agent, or assignee acting on behalf of the creditor named
in the debt obligation, including, but not limited to, servicers,
who has filed a complaint in the Superior Court seeking to foreclose
upon a residential or commercial mortgage. A creditor shall not include
the state, a political subdivision of the state, or a state, county,
or local government entity, or their agent or assignee, such as the
servicer.
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or the evidence
of the debt, referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Borough to enforce the applicable code(s).
Legal process by which a mortgagee, or other lienholder,
terminates 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, public notice of default, 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 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.
Any person or entity holding a note, mortgage or other interest
secured by the building or any part thereof.
The creditor, including but not limited to trustees, mortgage service companies, and 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. The definition for "mortgagee" shall only apply to Article II of this article.
Any property that is determined by the public officer to
be a nuisance if any one of the following applies:
The property is found to be unfit for human habitation, occupancy
or use pursuant to N.J.S.A. 40:48-2.3;
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the Borough has
secured the property in order to prevent such hazards after the owner
has failed to do so;
The presence of vermin or the accumulation of debris, uncut
vegetation or physical deterioration of the structure or grounds has
created potential health and safety hazards and the owner has failed
to take reasonable and necessary measures to remove the hazards; or
The dilapidated appearance or other condition of the property
materially affects, including the economic welfare of, the residents
of the area in close proximity to the property and the owner has failed
to take reasonable and necessary measures to remedy the conditions.
Includes the title holder, any agent of the title holder having authority to act with respect to a vacant property, any holder of legal or beneficial title, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, § 17) or any other entity determined by the Borough of Brooklawn; also means the holder or holders of title to an abandoned property. The definition for "owner" shall only apply to Article II of this article.
The Compliance Officer, or such other public officer designated
or appointed by the Borough Council pursuant to N.J.S.A. 40:48-2.5.
An entity organized or authorized to do business under the
New Jersey Statutes which shall have as one of its purposes the construction
or rehabilitation of residential or nonresidential buildings, the
provision of affordable housing, the restoration of abandoned property,
the revitalization and improvement of urban neighborhoods, or similar
purpose, and which shall be well-qualified by virtue of its staff,
professional consultants, financial resources, and prior activities
set forth in P.L. 2003, c. 10 (N.J.S.A. 55:19-78 et seq.), to carry
out the rehabilitation of vacant buildings in urban areas.
Any improved residential or commercial land, buildings, leasehold
improvements and anything affixed to the land or portion thereof identified
by a block and lot number, located in the Borough of Brooklawn, are
considered improved land.
A property shall be deemed "vacant and abandoned" for purposes
of this article, if:
The property is not legally occupied by a mortgagor or tenant;
and
The property cannot be legally reoccupied, because of at least
two of the following conditions:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
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;
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;
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;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
A.
The Borough of Brooklawn shall create and maintain a registry of
all commercial and/or residential properties within its municipal
boundary for which a summons and complaint in an action to foreclose
has been filed with the New Jersey Superior Court, pursuant to its
authority granted by P.L. 2017, c. 444. This registry will be formed
and maintained to assist the Borough with regulating the maintenance,
security, and upkeep of properties which may become vacant and abandoned
during the foreclosure process, in order to prevent the deleterious
effects of blight associated with vacant and abandoned properties
that are not maintained.
B.
The Borough may, at its discretion, create, maintain, and administer
this registry independently, retain the professional services of a
third party pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq., or participate in a shared services agreement with other
local units, counties, and/or county improvement authorities for the
creation, maintenance, and administration of the registry pursuant
to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1
et seq.
C.
Any third parties retained to create, maintain, and/or administer
the registry shall have the authority, on behalf of the Borough, to:
(1)
Identify properties subject to the registration requirement;
(2)
Maintain and update the registration list;
(3)
Communicate with creditors and/or in-state representatives;
(4)
Invoice and collect payment of fees;
(5)
Monitor compliance; and
(6)
Such other functions, within the scope of P.L. 2017, c. 444, which
may be deemed necessary to carry out its function on behalf of the
Borough.
D.
Any third parties retained to create, maintain, and/or administer
the registry shall be required to comply with the following reporting
and payment requirements:
(1)
Any and all amounts collected by the third party as part of its administration
of the Borough's registry, including registration fees, interest,
and penalties, shall be paid, in full, directly to the Borough, or
Camden County, and/or County Improvement Authority, as applicable,
not less than once per year, or as otherwise directed by the Borough's
public officer. No fees, payments, expenses, or other deductions shall
be made from this payment; payment for any third party's services
under this article shall be made by the Borough, or, as applicable,
the County/County Improvement Authority, directly to the third party,
under the terms and conditions outlined within the contract for professional
services.
(2)
Not less than once per year on the first business day of each calendar
year, or as otherwise may be requested by the Tax Collector, any third
party administering the Borough's registry shall file with Tax
Collector a certification identifying:
(a)
The address, block, lot, and contact information of any property
for which registration fees under this article are due and owing at
the time of the certification;
(b)
The amount of the registration fees, and, separately, any interest,
fines, and other penalties due and owing at the time of the certification;
and
(c)
The date on which the property became eligible for inclusion
on the Borough's registry.
E.
The Borough's public officer or his/her designee shall serve
as the municipal official responsible for notifying creditors, establishing
and maintaining the registry, determining eligibility for designation
as a vacant and abandoned property under this article, and for imposing
fees, penalties, and/or violations. The responsibilities herein may
be designated to a third party, pursuant to the terms and conditions
of a contract for professional services consistent with P.L. 2017,
c. 444.
A.
Within 30 days of the effective date of this article, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Borough of Brooklawn i) prior to the effective date of this article, and ii) which is pending as of the effective date of this article shall provide notice in accordance with Article II of this article.
B.
Within 10 days of filing a summons and complaint with the New Jersey
Superior Court in an action to foreclose on a commercial and/or residential
mortgage for a property located within the Borough of Brooklawn, the
creditor shall notify the Borough Clerk, or his/her designee, of the
action. Such notice shall include:
(1)
The address, block, and lot of the subject property;
(2)
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;
(3)
Whether the property is vacant and abandoned in accordance with the definition of "vacant and abandoned" in § 114-8 (Definitions) of this article;
(4)
The full name, address, telephone number, and email address for the
representative of the creditor who is responsible for receiving notice
of complaints of property maintenance and code violations;
(5)
The full name, address, telephone number, and email address of any
person or entity retained by the creditor or a representative of the
creditor to be responsible for any care, maintenance, security, or
upkeep of the property; and
(6)
If the creditor is out-of-state, the full name, address, and telephone
number of an in-state representative or agent who shall be responsible
for any care, maintenance, security, or upkeep of the property, and
for receiving notice complaints of property maintenance and code violations.
(7)
The notice requirements herein represent a continuing obligation
throughout the pendency of the foreclosure action. After initial notice
to the Borough, creditors subject to the notice requirement shall
update the Borough's property registration program within 10
days of any change in the information contained in the original or
any subsequent notices.
C.
Creditors of any commercial and/or residential mortgage required
to notify the Borough pursuant to this section shall:
(1)
Register the property with the Borough's property registration
program as a property in foreclosure within 30 days of notifying the
Borough;
(2)
Be subject to the registration fee, notice requirements, and penalties
for noncompliance established within this article;
(3)
Update the property registration within 10 days of any change in
the information contained in the original notice to the Borough;
(4)
If an out-of-state creditor, appoint an in-state representative or
agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Borough;
(5)
Within 10 days of the property becoming vacant and abandoned at any
time during the pendency of the foreclosure action, the creditor shall:
(a)
Assume responsibility for the care, maintenance, upkeep, and
security of the exterior of the property, which shall include:
[1]
Keeping the property free of weeds, overgrown brush, dead vegetation,
trash, junk, debris, building materials, any accumulation of newspaper
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;
[2]
Keeping 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;
[3]
Keeping all pools and spas free from stagnant water so the water
structure remains clear of pollutants and debris.
(b)
Secure the property against unauthorized entry, which 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)
Post a sign on the inside of the property, visible to the public,
no smaller than 18 inches by 20 inches, containing the name, address,
telephone number, and email address of the creditor, or an out-of-state
creditor's in-state representative or agent, for the purpose
of receiving service of process;
(d)
If different than the person receiving service of process, the
sign posted inside the property must also include the name, address,
telephone number, and email address of the person responsible for
day-to-day supervision and management of the building;
(e)
Post the property with "no trespassing" signs of a nature sufficient
to give notice to any person entering upon the property that it is
against the law to enter the property without permission of the creditor;
(f)
Acquire and maintain a vacancy insurance policy which covers
any damage to any person or any property caused by any physical condition
of the property while registered with the Borough's property
registration program;
(g)
Provide proof, within 10 days of receiving a request by the
Borough or its designee, that the above conditions have been satisfied;
(h)
Cure any violations of the above requirements within 30 days
of receiving a notice of violation, or, if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice.
(6)
Update the property registration within 10 days of the creditor becoming
aware that the property is deemed vacant and abandoned as defined
herein.
D.
If at any time the creditor is deemed to be in violation of the above
requirements, and/or if the property is deemed to be in violation
of any other applicable local or state maintenance, health, or safety
codes, the Code Official or his/her designee shall notify the creditor
using the contact information provided in the property registry established
by this article.
A.
All fees, penalties, and/or fines established within this article
and assessable pursuant to the Borough's authority outlined within
P.L. 2017, c. 444 shall be deemed a municipal charge in accordance
with N.J.S.A. 54:5-1 et seq.
B.
Creditors required to notify the Borough and register a property
as one in foreclosure shall be required to pay the following annual
registration fee, per property, due at the time of registration: $500.
C.
If a property registered with the Borough's registration program
as a property in foreclosure is vacant and abandoned at the time of
registration, or becomes vacant and abandoned at any time during the
pendency of the foreclosure proceeding, the creditor shall pay an
additional annual registration fee, per property, due at the time
the determination that the property is vacant and abandoned is made,
of $2,000.
D.
Violations.
(1)
An out-of-state creditor subject to the notice and registration requirements of this Article II, found to be in violation of the requirement to appoint an in-state representative or agent, shall be subject to a fine of $2,500 for each day of the violation. The violation shall be deemed to commence on the day after the creditor's initial ten- or thirty-day requirement to notify the Borough of applicable foreclosure actions.
(2)
A creditor subject to the notice and registration requirements of this article, found to be in violation of any part of this article [with the exception of a violation pursuant to Subsection D(1) of this section] shall be subject to a fine of $1,500 for each day of the violation. The violation shall be deemed to commence on the 31st day following the creditor's receipt of a notice of violation, or, if deemed to present an imminent threat to public health and safety, on the 11th day following the creditor's receipt of such notice.
E.
If the Borough expends public funds in order to abate a nuisance
or correct a violation on a commercial property in situations in which
the creditor was given notice pursuant to this article, but failed
to abate the nuisance or correct the violation as directed, the Borough
shall have the same recourse against the creditor as it would have
against the title owner of the property, including but not limited
to the recourse provided under N.J.S.A. 55:19-100 et seq.
