[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-12-1980 by Ord. No. 717R]
This article shall be known as and may be cited by the short form title of the "Property Maintenance Ordinance," herein referred to as "this article."
Experience and observations have shown that lack of maintenance may lead to progressive deterioration. In turn, this may lead to blighting conditions which, if not curtailed or removed, may grow and spread and necessitate the expenditure of large amounts of public funds to correct or eliminate. Through the establishment of the regulations and restrictions contained herein, the desirability of residential and nonresidential uses and the amenities of neighborhoods will be enhanced and the general health, safety and welfare of all residents fostered and protected.
The purpose of this article is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises. It fixes certain responsibilities upon owners, operators, occupants and other persons. It authorizes and establishes procedures for the inspection of residential and nonresidential premises. It fixes penalties for the violations of this article and provides procedures for correcting violations in those cases requiring Borough action. This article is hereby declared to be protective, preventive and essential for the public interest.
The following words and terms, whenever used in this article, shall have the respective meanings herein assigned to them and shall be construed to include the plurals of these words. Words and terms in this article which are defined in Chapter 184, Land Use, of the Code of the Borough of Fanwood are consistent in definition.
ACCESSORY STRUCTURE
A subordinate structure, the purpose of which is incidental to that of the main structure of the same lot.
BUILDING
Any roofed structure and any unroofed platform, terrace or porch having a vertical face taller than three feet above the elevation of the ground at any point.
BUILDING CODE
The Building Code of the Borough of Fanwood, Chapter 46.[1]
DETERIORATION
A condition characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, vandalism, lack of maintenance, excessive use and/or the uncorrected consequences of natural catastrophe.
EXPOSED TO PUBLIC VIEW
Any premises, or any part thereof, which may be viewed lawfully by the public or any member thereof.
EXTERIOR OF THE PREMISES
Open space on the premises exclusive of any structures.
FIRE HAZARD
Any device or condition likely to cause fire and situated so as to endanger either persons or property, including but not limited to accumulation or storage of ignitable or explosive material in sufficient amount or located so as to jeopardize either persons or property, obstructing safe and ready means of entrance and exit.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
The presence of vermin on the premises which constitute a nuisance or a health hazard.
MAINTENANCE
To keep in good repair and to preserve property.
NONRESIDENTIAL
Premises, or portions thereof, not used for or associated with dwelling units.
NUISANCE
A. 
Any condition so defined by common law, the statutes of the State of New Jersey or the ordinances of the Borough of Fanwood.
B. 
Any condition which may prove attractive but detrimental to health and safety.
C. 
Physical conditions dangerous or detrimental to the public health and safety.
D. 
Anything which renders air, food or drink unwholesome or detrimental to the public health.
E. 
A fire hazard.
OCCUPANT
Any person having actual possession of a premises, including any person who takes possession after the initial notice is sent as described in § 224-13.
[Amended 7-11-2006 by Ord. No. 06-16R]
OPERATOR
Any person who has charge, care or control of a premises, or any part thereof, with or without the knowledge and/or consent of the owner, including any person who takes such charge, care or control after the initial notice is sent as described in § 224-13.
[Amended 7-11-2006 by Ord. No. 06-16R]
OWNER
Any person who, alone, jointly or severally with others, has a legal or equitable interest in any premises, with or without actual possession of the premises, and/or shall have charge, care or control of any premises, including any person who takes legal or equitable interest and/or charge, care or control after the initial notice is sent as described in § 224-13.
[Amended 7-11-2006 by Ord. No. 06-16R]
PREMISES
A lot, plot or parcel of land, including all the buildings or structures thereon.
PUBLIC OFFICER
See § 224-11.
REFUSE (See also "garbage.")
All nonputrescible solid wastes, including but not limited to ashes, street cleanings, abandoned vehicles or portions of vehicles, abandoned toys or recreational means or devices, abandoned shopping carts, solid market and industrial wastes, household furnishings, including bedding and crockery; such combustible materials as paper, wrappings, cigarettes, cardboard, leaves and wood; tin cans, glass and other litter; grass and yard clippings, fallen branches, leaves, other vegetative waste and such putrescible materials as human or animal wastes, dead animals and other organic materials not classified as garbage.
[Amended 11-21-2022 by Ord. No. 22-12-R]
STRUCTURE
Anything constructed, assembled or erected, the use of which requires location on or in the ground or attachment to something having its location on or in the ground, and includes fences, tanks, swimming pools, shelters, towers, advertising devices, bins, tents, lunch wagons and trailers, dining cars or similar structures on wheels or other supports used for commercial or residential purposes. Wires and their supporting poles, towers and frames of electrical or telephone utilities, or service utilities entirely below the ground, are also deemed to be "structures."
VERMIN
Any of various insects or undomesticated animals which are potentially destructive, annoying or injurious to health.
[1]
Editor's Note: Former Ch. 46, Building Construction, was repealed 10-12-1988 by Ord. No. 88-20RA. See now Ch. 12, Construction Code Enforcement, Department of.
All structures and premises shall comply with the provisions of this article, whether or not those structures and premises have been constructed, altered or repaired before or after the enactment of this article and irrespective of any permits or licenses which may have been issued for their use or occupancy prior to the effective date of this article.
In any case where the provisions of this article impose a higher standard than set forth in any other chapter of this Code or under the laws of the State of New Jersey, then the standards set forth in this article shall prevail. If the provisions of this article impose a lower standard than any other chapter of this Code or of the laws of the State of New Jersey, then the higher standard shall prevail.
No certificate of compliance with this article shall constitute a defense against any violation of any other chapter of this Code, nor shall any provision herein relieve any person from complying with any other chapter of this Code nor any Borough official from enforcing any other provision.
A. 
It shall be the duty of the owner and/or operator to keep the exterior of the premises free of nuisances, which include but are not limited to:
(1) 
Garbage and/or refuse.
(2) 
Natural growth, such as dead and dying or storm-damaged trees and limbs or other growth, including trees, shrubs, grass, weeds or plant growth, which, by reason of its condition or nature (e.g., poison ivy, ragweed, overgrown noxious bushes or weeds) constitutes a hazard to persons lawfully in the vicinity and/or which is deemed noxious or detrimental to the public health and welfare. All such trees, bushes and other natural growth shall be kept pruned and trimmed to prevent such conditions. owners of vacant and occupied premises must keep them free of such nuisances.
[Amended 11-8-1989 by Ord. No. 89-15]
(3) 
Overhanging objects and accumulations of ice and/or snow which, by reason of their location above ground level constitute a danger of falling on persons lawfully in the vicinity.
(4) 
Ground surface hazards, such as holes, excavations, breaks and projections on residential premises within five feet of an unfenced property line or on any part of a nonresidential premises to which the public has lawful access.
(5) 
Runoff drains must be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater which renders any part of any premises unsafe for members of the public lawfully thereon.
(6) 
Sources of infestation, including all environments and conditions conducive to the increase or spread of vermin.
B. 
It shall be the duty of the owner and/or operator to keep and maintain the exterior of the premises and structures so that the appearance of the same shall not constitute a blighting factor, including but not limited to the following:
(1) 
Storage of commercial and industrial material. There shall not be stored or used at a location exposed to public view equipment and materials relating to commercial or industrial uses, unless permitted under the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 184, Land Use.
(2) 
Landscaping. Premises shall be kept from becoming overgrown and/or unsightly. For the purposes of this subsection, "overgrown and/or unsightly" shall be deemed to exist if and when grass, weeds or plant growth (e.g., poison ivy, ragweed or overgrown weeds) rises above the height of six inches. Vegetation rising above the height of six inches and located along the public right-of-way shall be kept from becoming a hazard to pedestrians and motorists. Fallen leaves, branches and other vegetative waste shall be removed from the property.
[Amended 11-8-1995 by Ord. No. 95-15R; 11-21-2022 by Ord. No. 22-12-R]
(3) 
Signs. All signs permitted by reason of other regulations shall be maintained in good repair, and printed matter, pictures or illustrations contained on the signs shall be completely maintained and, when no longer in use, completely removed. Any temporary sign, including paper advertising material, glued or otherwise attached to a structure or window or otherwise exposed to public view shall be removed at the expiration of the event for which it is erected or within 30 days after posting, whichever shall occur sooner.
(4) 
General maintenance. The exterior of every structure shall be maintained in good repair for purposes of preservation and appearance and free of conditions reflective of deterioration or inadequate maintenance.
(5) 
Front yard parking. No person shall park any motor vehicle in any front yard area except on driveways and parking areas constructed and installed in compliance with Borough ordinances.
[Amended 9-28-1988 by Ord. No. 88-19RA; 12-28-1998 by Ord. No. 98-18R; 7-11-2006 by Ord. No. 06-16R]
No person or persons, resident or nonresident, within the Borough shall dump or litter on and/or destroy public or private property, including but not limited to:
A. 
Dumping. No person shall throw, dump or place any garbage, trash, debris, refuse, rubbish or other waste material on any public or private property in the Borough except for substances collected as part of a scheduled cleanup program of the Borough (scheduled cleanup). With regard to any scheduled cleanup, such exception shall only apply if such substances are placed in the public right-of-way or along the public right-of-way immediately in front of the private property ("private property") which is owned by the owner and/or leased or occupied by the occupant, as part of the scheduled cleanup, and the substances have been so placed for the purpose of having them picked up as part of the scheduled cleanup. An owner and/or occupant shall not allow another person who is not the owner and/or occupant of the private property to place such substances in the manner herein described as part of the scheduled cleanup. Litter, garbage, trash, refuse or other materials to be picked up as part of a scheduled cleanup shall not be placed by the owner and/or occupant in the public right-of-way or along the public right-of-way any sooner than the weekend prior to the commencement date of the scheduled cleanup. For purposes of this section, any person who is not an owner and/or occupant in the Borough shall be prohibited from participating in any cleanup program established by the Borough.
B. 
Littering. No person shall litter sidewalks, roadways, railroad rights-of-way or any other property, whether publicly or privately owned.
C. 
Destruction of plantings. No person shall pick, trample or destroy any shrubbery, flowers, trees or plantings on any public or private property, unless the person is the owner or occupant of the private property.
D. 
Structures or signs. No person shall mark, mar, deface or destroy any structure and/or sign on public and/or private property, except the owner or occupant of the premises may destroy such signs on its premises in accordance with law.
E. 
Dumping in private receptacles or dumpsters. No person shall discard personal garbage and/or refuse into receptacles or dumpsters maintained by any other person or the Borough, except for the incidental discard of litter by patrons or pedestrians provided by the Borough or a business for that purpose. Businesses shall monitor their dumpsters and/or receptacles and shall make certain that they do not overflow.
[Amended 7-14-1993 by Ord. No. 93-12R; 7-11-2006 by Ord. No. 06-16R]
It shall be the duty of the owner, operator, and/or occupant of any real property in the Borough to keep and maintain the following areas or portions of their premises in the manner described hereafter:
A. 
Windows. All windows exposed to public view shall be kept clean and free of marks or foreign substances, except for temporary signs and when necessary in the course of a business changing displays. No storage of materials, stock or inventory shall be permitted in window areas exposed to exterior public view unless said areas are first screened from the public view by draperies, shades or blinds which shall be maintained in a clean and attractive manner and in a good state of repair.
B. 
Storefronts. All storefronts shall be kept painted and/or in good repair and shall not constitute a safety hazard or nuisance. Necessary repairs shall be made with materials equivalent to those used in the original construction or the current version of the New Jersey Uniform Construction Code, or with materials qualitatively superior to those.
C. 
Awnings, marquees and signs. Awnings, marquees and signs, when permitted by the Uniform Construction Code or this Code, shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. Identifying signs shall bear the name only of the business currently operating at the site, or the nature of the business, as may be determined by the Planning Board or the Construction Official, as the case may be.
D. 
Parking lots, sidewalks and rights-of-way. Parking lots, sidewalks and rights-of-way shall be kept free of litter, refuse and garbage and shall have all exterior grounds not covered by impervious material, gravel or wood chips planted with grass, ground cover and/or seasonal plantings.
E. 
Litter, refuse or garbage receptacles. Commercial establishments serving or selling foodstuffs, including machine-dispensed foodstuffs, shall provide and shall maintain receptacles, compatible with those provided by the Borough, wherein the public may dispose of any wrappings, containers or other refuse.
F. 
Runoff drains and gutters. Runoff drains and gutters shall be maintained in good repair and good working order and shall not constitute a nuisance or a safety hazard. Runoff drains and gutters shall be firmly attached to the building or structure to which they are appurtenant.
[Added 2-7-2012 by Ord. No. 12-02R]
[Amended 7-11-2006 by Ord. No. 06-16R; 6-7-2010 by Ord. No. 10-06R; 11-21-2022 by Ord. No. 22-12-R]
A. 
The Mayor shall appoint a public officer and a deputy public officer with the consent of the Borough Council, and all inspections, regulations, enforcement and/or hearings on violations of the provisions of this article, unless expressly stated to the contrary, shall be under the direction and supervision of the Public Officer. The Public Officer, along with the Deputy Public Officer may, with the consent of the Mayor and Council, appoint such employees to perform duties as may be necessary to the enforcement of this article, including the making of inspections and appearances at hearings.
B. 
The Public Officer and Deputy Public Officer shall each serve a one-year term commencing on January 1 and ending on December 31, or upon the appointment of a successor, whichever occurs later.
C. 
The Public Officer and Deputy Public Officer shall also serve in that same capacity pursuant to § 137-3 of the Borough Code.
[Amended 4-8-1992 by Ord. No. 92-01R; 11-8-1995 by Ord. No. 95-15R; 7-11-2006 by Ord. No. 06-16R; 11-21-2022 by Ord. No. 22-12-R]
The Public Officer, or the Deputy in the absence of the Public Officer, shall at his/her own determination and/or upon receipt of two written or verbal requests/complaints, inspect the condition of the premises cited or the alleged violation area ("cited premises") to determine whether the cited premises are in compliance with this article. In cases where noncompliance relates to § 224-8A(2) and/or 224-8B(2), the Public Officer shall make an inspection upon receipt of one or more written or verbal requests/complaints and/or upon the Public Officer's own determination of a possible violation.
[Amended 4-8-1992 by Ord. No. 92-01R; 11-8-1995 by Ord. No. 95-15R; 11-14-1996 by Ord. No. 96-13R; 9-11-1997 by Ord. No. 97-12R; 7-11-2006 by Ord. No. 06-16R; 11-21-2022 by Ord. No. 22-12-R]
A. 
If a noncompliant condition exists on a property, the Public Officer or the Deputy shall issue a notice to remedy the same. The notice shall be in writing and shall be served upon a resident owner, agent, corporate representative, lessee or occupant personally, by leaving the notice at the resident's usual place of abode or sent certified mailing to the address as shown by the tax records or the designated representative on file with the Borough within the definition of § 224-19.
B. 
Service upon a nonresident shall be by mail to his or her last known address as shown by the tax records or the address on file with the Borough. Such notice shall include the nature of the violation, the required correction, and the number of days that the owner, occupant, and/or operator has (have) to correct the condition in accordance with the following schedule:
(1) 
Violations of § 224-8A(2) and/or 224-8B(2):
(a) 
First offense: no less than seven days to correct the violation.
(b) 
Second offense within one year of first offense: no less than five days to correct the violation.
(c) 
Third or more offenses within two years of second offense: no further notice is required to be given regarding correction of the violation.
(2) 
All other violations:
(a) 
First offense: no less than 10 days to correct the violation.
(b) 
Second offense within one year of first offense: no less than 10 days to correct the violation.
(c) 
Third or more offenses within two years of second offense: no further notice is required to be given regarding correction of the violation.
C. 
In cases where the violation presents a clear and present danger to the public health and/or safety as determined by the Public Officer, the owner, operator, and/or occupant of the premises shall be given the initial notice stating the nature of the violation and the correction required, and allowing no less than 24 hours for completion of the correction or the complaint shall be turned over to the Police Department, the Mayor, and/or the Board of Health, as applicable, for prompt action within their respective jurisdictions. In the event that the Borough police officer in charge at the premises determines that the danger must be abated immediately, such action shall be so taken so long as written notification of such action having been taken is given to the owner, operator and/or occupant of said premises within 48 hours of such determination and the time within which the owner, operator and/or occupant has to correct the condition shall be deemed immediate without a twenty-four-hour notice.
D. 
Notifications as provided for in this section shall include a statement of the penalties which can be imposed for failure to comply.
E. 
In the event that the owner, occupant and/or operator changes from the time that the initial notice is given, and there is no clear and present danger as provided in Subsection B above, the Public Officer shall provide the new owner, occupant and/or operator, as the case may be, with a copy of the initial notice and shall require compliance from the new owner within five days of the date that the copy of the initial notice is sent.
[Amended 4-8-1992 by Ord. No. 92-01R; 11-8-1995 by Ord. No. 95-15R; 11-14-1996 by Ord. No. 96-13R; 7-11-2006 by Ord. No. 06-16R; 11-21-2022 by Ord. No. 22-12-R]
A. 
If the violation and/or noncompliant condition is not corrected within the time provided by the Public Officer in § 224-13, the Public Officer may enforce the provisions of this chapter in the Fanwood Municipal Court where the matter shall be heard for proceedings to be held there by summons, a copy of which shall be provided to the owner, lessee or occupant as the case may be with a copy to the appropriate committee with jurisdiction over property maintenance and the Mayor.
B. 
In addition to the penalties prescribed in § 224-14A, when the owner, lessee or occupant fails to comply within the time prescribed by the Public Officer, the Public Officer shall in writing serve upon a resident owner, lessee or occupant personally or by leaving the notice at the resident's usual place of abode. In cases of a nonresident, service shall be upon their last known address as shown by the tax records. In the event that the owner, lessee or occupant of the subject property fails to correct the above-described conditions within the time prescribed by the Public Officer, the Public Officer may request the Borough Department of Public Works or an outside contractor to perform the necessary work. The Department of Public Works shall cause the cost of such work to be charged against and become a charge and lien upon the property. The fee schedule for mowing of residential properties is as follows:
Square Footage
Cost
0 to 5,000
$150
5,001 to 7,500
$250
7,501 to 10,000
$350
Greater than 10,000
$450
[1]
Editor's Note: Former § 224-15, Review of findings; recommendation to Council; subsequent actions, as amended, was repealed 11-21-2022 by Ord. No. 22-12-R.
[1]
Editor's Note: Former § 224-16, Inspection upon notification of corrected condition; reimbursement to Borough of costs, as amended, was repealed 11-21-2022 by Ord. No. 22-12-R.
[Amended 12-28-1999 by Ord. No. 99-25R; 7-11-2006 by Ord. No. 06-16R]
There shall be no fee for the initial inspection. The amount to be reimbursed to the Borough for the time of the Public Official or Construction Official shall be at the rate of $100 per hour or $100 for the first inspection after the initial inspection, whichever is greater, if it is determined that the owner has failed to correct the condition after the time provided in the initial notice. Fees for subsequent inspections to determine compliance shall increase $25 for each subsequent inspection, to be paid by the property owner. The amount to be reimbursed to the Borough for the Borough Attorney shall be at the rate of $120 per hour.
[1]
Editor's Note: Former § 224-18, Violations and penalties; summons; costs for abatement by Borough., as amended, was repealed 11-21-2022 by Ord. No. 22-12-R.
[Adopted 9-9-2015 by Ord. No. 15-12R]
A. 
Title. The title of this § 224-19 shall be "Vacant and abandoned residential properties on which a summons and complaint of foreclosure has been filed."
B. 
Definitions. The following words and terms, whenever used in this § 224-19, shall have the respective meanings herein assigned to them and shall be construed to include the plurals of these words. Words and terms in this § 224-19 which are defined elsewhere in the Code of the Borough of Fanwood are consistent in definition.
CREDITOR
(1) 
Any entity or person located in-state or out-of-state initiating, serving or filing a summons and complaint of foreclosure against a residential property located within the Borough, whether or not the residential property is "vacant and abandoned" as defined in this § 224-19; and
(2) 
Consistent with Section 3 of P.L. 2008, c.86, a state chartered bank, savings bank, savings and loan association or any credit union, any person required to be licensed under the provisions of the New Jersey Residential Mortgage Lending Act, any entity acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers, and any person or entity required to file quarterly reports with the New Jersey Department of Banking and Insurance (DOBI) consistent with Section 15 of the Mortgage Stabilization and Relief Act, P.L. 2008, c. 127 (N.J.S.A. 46:10B-49).
VACANT AND ABANDONED
(1) 
Consistent with Section 1 of P.L. 2010, c.70 (N.J.S.A. 2A:50-73), residential property shall be deemed "Vacant and Abandoned" if a notice of violation has been issued for the property pursuant to § 224-19.3 of this article and Subsection b. of Section 1 of P.L. 2014, c. 35.
(2) 
Where a notice of violation has not been issued pursuant to Subsection D of this article or Subsection b. of Section 1 of P.L. 2014, c.35, residential property shall be deemed vacant and abandoned where a mortgaged property is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to Section 4 of the Fair Foreclosure Act, P.L. 1995, c.244, and at least two of the following conditions exist:
(a) 
Overgrown or neglected vegetation;
(b) 
Accumulation of newspapers, circulars, flyers or mail;
(c) 
Disconnected gas, electric, or water utility services;
(d) 
Accumulation of hazardous, noxious, or unhealthy substances or materials;
(e) 
Accumulation of junk, litter, trash or debris;
(f) 
Absence of window treatments such as blinds, curtains or shutters;
(g) 
Absence of furnishings and personal items;
(h) 
Statements of neighbors, delivery persons, or government employees indicating that the residence is vacant and abandoned;
(i) 
Windows or entrances that are boarded up or closed off, or multiple windowpanes that are damaged, broken and unrepaired;
(j) 
Doors that are smashed through, broken off, unhinged, or continuously unlocked;
(k) 
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;
(l) 
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;
(m) 
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;
(n) 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
(o) 
Any other reasonable indicia of abandonment.
(3) 
Residential property shall not be deemed vacant and abandoned under this § 224-19 where there is:
(a) 
An unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in compliance with all applicable ordinances, codes, regulations, and statutes;
(b) 
A building occupied on a seasonal basis, but otherwise secure; or
(c) 
A building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute.
C. 
Creditor responsibility for vacant and abandoned residential properties.
(1) 
A creditor filing a summons and complaint in an action to foreclose on a residential property within the Borough shall be responsible for the care, maintenance, security and upkeep of the exterior of the property immediately upon the property becoming vacant and abandoned as defined in this § 224-19, whether that occurs before or after the filing of the creditor's foreclosure action and whether the filing of the foreclosure action occurs before or after the effective date of this § 224-19.
(2) 
Where a creditor is located out-of-state, the creditor shall appoint an in-State representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of this § 224-19.
(3) 
A creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property located within the Borough, whether or not such property is vacant and abandoned, shall, within 10 days of serving the summons and complaint, provide written notice to the Borough Clerk 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 communication, at the discretion of the Borough Clerk. If the creditor is located out-of-state, the notice shall also contain the full name and contact information of the creditor's in-state representative or agent as appointed pursuant to Subsection C(2) above, who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and abandoned as defined in this § 224-19.
D. 
Notice.
(1) 
Any public officer designated by the Borough or authorized municipal official responsible for the administration of any property maintenance or public nuisance code shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Borough, if the public officer 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. Where a creditor is located out-of-state, the notice shall be issued to his or her representative or agent that has been identified by the creditor pursuant to Subsection C of this article and the Save New Jersey Homes Act of 2008.
(2) 
The notice referenced in Subsection D(1) of this section shall require the creditor to correct the violation(s) 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.
(3) 
The issuance of a notice pursuant to this Subsection D shall constitute proof that a residential property is vacant and abandoned for the purposes of this article.
E. 
Violations and penalties.
(1) 
A creditor subject to this § 224-19 that is found by the municipal court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this § 224-19 shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this Subsection E(1) shall commence 31 days following the creditor's receipt of the notice, except where 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) 
An out-of-state creditor subject to this § 224-19 that is found by the municipal court of the Borough, or by any other court of competent jurisdiction, 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. 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) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
(3) 
No less than 20% of any money collected by the Borough pursuant to this § 224-19 shall be utilized by the Borough for municipal code enforcement purposes.
(4) 
If the Borough expends public funds in order to abate a nuisance or correct a violation on a residential property for which the creditor was given notice pursuant to the provisions of this § 224-19 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 Section 23 of P.L.2003, c.210 (N.J.S.A. 55:19-100).