[Added 12-17-2014 by Ord. No. 18-2014]
For purposes of Article VII of this chapter, the "public officer" shall be the Director of the Department of Community Development and/or his designees.
A creditor filing a summons and complaint in an action to foreclose upon a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of this article, pursuant to the provisions of N.J.S.A. 2A:50-73, or otherwise.
If the public officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure, and upkeep a vacant and abandoned property has failed to do so in violation of the provisions of this article, the public officer or other authorized municipal official, shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The 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 this notice shall constitute proof that a property is "vacant and abandoned" for purposes of Section N.J.S.A. 2A:50-73 of the Fair Foreclosure Act.
A creditor subject to this article found by a 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 subsection shall be subject to a fine of $1,500 for each day that the violation continues. Such fine shall commence 31 days following the creditor's receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fine shall commence 11 days following the creditor's receipt of the notice.
An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice which is required to be provided to the Township Clerk pursuant to N.J.S.A. 46:10B-51 when an action to foreclosure on property has been filed. An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500 for each day of the violation commencing on the 11th day after the foreclosure complaint is served, as set forth in N.J.S.A. 46:10B-51.