[HISTORY: Adopted by the Mayor and Council
of the Borough of Palisades Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-21-2010 by Ord. No. 1563.[1]]
[1]
Editor’s Note: This ordinance also repealed former Ch.
226, Property Maintenance, adopted 3-15-1994 by Ord. No. 1187, as
amended in its entirety 7-16-2002 by Ord. No. 1401.
A certain document, three copies of which are
on file in the office of the Borough Clerk of the Borough of Palisades
Park, being marked and designated as the International Property Maintenance
Code, 2006 edition, as published by the International Code Council,
be and is hereby adopted as the Property Maintenance Code of the Borough
of Palisades Park, in the State of New Jersey for regulating and governing
the conditions and maintenance of all property, buildings and structures;
by providing the standards for supplied utilities and facilities and
other physical things and conditions essential to ensure that structures
are safe, sanitary and fit for occupation and use; and the condemnation
of buildings and structures unfit for human occupancy and use, and
the demolition of such existing structures as herein provided; providing
for the issuance of permits and collection of fees therefor; and each
and all of the regulations, provisions, penalties, conditions and
terms of said Property Maintenance Code on file in the office of the
Borough of Palisades Park are hereby referred to, adopted, and made
a part hereof, as if fully set out in this article, with the additions,
insertions, deletions and changes, if any, prescribed in § 236-2
of this article.
The following sections are hereby revised:
[Adopted 2-23-2016 by Ord. No. 2016-1]
As used in this article, the following terms shall have the
meanings indicated:
Any residential real estate that is vacant and has been abandoned
by the mortgagor or tenant.
The creditor filing the summons and complaint in an action to
foreclose shall be responsible for the care, maintenance, security,
and upkeep of the exterior of the vacant and abandoned residential
property and, if located out of state, shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
A public officer appointed pursuant to P.L. 1942, c. 112 (N.J.S.A.
40:48-2.3 et seq.) or any other local official responsible for administration
of any property maintenance or public nuisance code to issue a notice
to the creditor filing the summons and complaint in an action to foreclose
if the public officer or other authorized municipal official determines
that the creditor has violated this article by failing to provide
for the care, maintenance, security and upkeep of the exterior of
the property. Such 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 a notice shall
constitute proof that a property is "vacant and abandoned" for the
purposes of P.L. 2012, c. 70 (N.J.S.A. 2A:50:73).
An out of state creditor shall be required to include the full
name and contact information of the in-state representative or agent
in the notice required to be provided.
A creditor found 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
section 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.
A.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on residential property in the state shall, within 10
days of serving the summons and complaint, notify the Municipal Clerk
of the Borough of Palisades Park that a summons and complaint in an
action to foreclose on a mortgage has been filed against the subject
property. The notice shall contain the name and contact information
for the representative of the creditor who is responsible for receiving
complaints of property maintenance and code violations may contain
information about more than one property, and shall be provided by
mail or electronic communications, at the discretion of the Municipal
Clerk. In the event that the creditor that has served a summons and
complaint in an action to foreclose on a residential property is located
out of state, the notice shall also contain the full name and contact
information of an in-state representative or agent who shall be responsible
for the care, maintenance, security and upkeep of the exterior of
the property if it becomes vacant and abandoned. The Municipal Clerk
shall forward a copy of the notice to the public officer or shall
otherwise provide it to any other local official responsible for administration
of any property maintenance or public nuisance code. In the event
that the property being foreclosed on is an affordable unit pursuant
to the Fair Housing Act then the creditor shall identify that the
property is subject to the Fair Housing Act. The notice shall also
include the street address, lot and block number of the property and
the full name and contact information of an individual located within
the state who is authorized to accept service on behalf of the creditor.
The notice shall be provided to the Municipal Clerk within 10 days
of service of a summons and complaint in an action to foreclose on
a mortgage against the subject property.
B.
Any creditor that has initiated a foreclosure proceeding on any residential
property which is pending in Superior Court shall provide to the Municipal
Clerk of the Borough of Palisades Park a listing of all residential
properties in the municipality for which the creditor has foreclosure
actions pending by street address and lot and block number. The Municipal
Clerk shall forward a copy of the notice to the public officer, or
shall otherwise provide it to any other local official responsible
for administration of any property maintenance or public nuisance
code.
If the owner of a residential property vacates or abandons any
property on which a foreclosure proceeding has been initiated or if
a residential property becomes vacant at any point subsequent to the
creditor's filing the summons and complaint in an action to foreclose
on a mortgage against the subject property, but prior to vesting of
title in the creditor or any other third party, and the exterior of
the property is found to be a nuisance or in violation of any applicable
state or local code, the local public officer, Municipal Clerk or
other authorized municipal official shall notify the creditor or the
representative or agent of an out-of-state creditor, as applicable,
which shall have the responsibility to abate the nuisance or correct
the violation in the same manner and to the same extent as the title
owner of the property, to such standard or specification as may be
required by state law or municipal ordinance. The municipality shall
include a description of the conditions that gave rise to the violation
with the notice of violation and shall provide a period of not less
than 30 days from the creditor's receipt of the notice for the
creditor to remedy the violation. If the creditor fails to remedy
the violation within that time period, the municipality may impose
penalties allowed for the violation of municipal ordinance pursuant
to N.J.S.A. 40:49-5.
If the municipality expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of § 226-9, but failed to abate the nuisance or correct the violation as directed, the municipality 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 Section 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
