City of Burlington, NJ Vacant and Abandoned Properties

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 21 39 of P.L. 2009, c.53 (N.J.S.A. 17:11C-51 through N.J.S.A. 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.

OWNER

Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, and foreclosing entity subject to the provisions of P.L. 2021, c.444, or any other entity determined by the City to have authority to act with respect to the property.

VACANT AND ABANDONED PROPERTY

Any property not legally occupied by an owner or tenant, which is in such condition that it cannot be legally reoccupied, because of the presences or finding of at least two of the following:

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 City building, housing, or similar Code section during the preceding year, or an order by City authorities declaring the property to be unfit for human occupancy and to remain vacant and unoccupied;

A 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.

§ 338-2 General requirements.

Effective upon passage and adoption of this chapter and publication of same, the owner of any currently vacant property, or any property that subsequently becomes vacant as defined herein, shall within 90 days after the building becomes vacant property or upon adoption of this chapter, or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the City of Burlington Code Enforcement Official on forms provided by the New Jersey Department of Community Affairs for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in § 338-4 of this chapter for each vacant property registered.

Any and all owners as defined in this chapter who are owners of any vacant property as defined herein shall file the annual registration statement prior to the end of the calendar year. A certificate of registration shall remain valid for one year and shall be renewed on an annual basis if the property remains vacant and abandoned.

The owner shall notify the City Code Enforcement Official within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the City Code Enforcement Official for such purpose.

The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the City of Burlington against the owner or owners of the building.

§ 338-3 Registration statement requirements; property inspection.

After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the City Code Enforcement Official to conduct an exterior and interior inspection of the building to determine compliance with the City Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.

The registration statement shall include the name, street address, and telephone number of a natural person 18 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of any applicable code. This person must maintain an office in the State of New Jersey or reside within the State of New Jersey. The statement shall also include the name of the person responsible for maintaining and security of the property, if different. The address for the authorized agent as set forth herein shall designate the New Jersey address as required by the provision which shall be the address utilized for service of any notices by the City.

An owner who is a natural person and who meets the requirements of this chapter as to location of residence or office may designate himself or herself as agent.

By designing an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the City Code Enforcement Official of a change of authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of this chapter.

§ 338-4 Requirements for owners of vacant and abandoned property.

The owner of any building that has become a vacant and abandoned property, and any person maintaining, operating, or collecting rent for any such building that has become vacant, shall, within 45 days after the municipality notifies the responsible party that the property is vacant and abandoned and until the property is reoccupied, the responsible party for a vacant and abandoned property:

Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the City Code, or as set forth in rules and regulations supplementing those codes.

Post a sign affixed to the building indicating the name, address, and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to § 338-3 of this chapter), and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent.

Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete.

Place a sign or posting indicating that unauthorized persons are not permitted entry into the building or on the porch, curtilage or surrounding areas in accordance with the provisions of N.J.S.A. 2C:18-3b(2). Said sign/posting shall clearly indicate "No trespassing" in a form approved by the City of Burlington and shall be placed in a conspicuous location on the premises. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches.

The owner of any vacant building shall acquire and otherwise maintain liability insurance by procuring a vacancy policy in an amount of not less than $300,000 for buildings designed primarily for use as residential units and not less than $1,000,000 for any other building including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building.

(1)

The owner shall attach evidence of the insurance to the owner's registration statement. Any registration statement submitted that does not include such evidence shall not be deemed to be a valid registration.

The owner of any property as defined in this section shall remove any satellite dish from the exterior of the building and property within 30 days of the effective date of this subsection, or 30 days from the date that the property becomes vacant or 30 days from the date that the owner assumes ownership of the property. Any owner of a vacant property found to be in violation of this section of the City Code shall be subject to a fine pursuant to § 338-8 of the City Code. This section shall not be construed to diminish any property maintenance responsibilities of property owners who are not subject to the provisions of the section.

§ 338-5 Administration.

The Administration for the City of Burlington may issue rules and regulations for the administration of the provisions of this chapter. Council for the City of Burlington shall be notified in the event that any rules and regulations for the administration of the provisions of this chapter are adopted or amended.

§ 338-6 Establishment and administration of registry for properties in foreclosure.

The City shall create and maintain a registry of all commercial and/or residential properties within the City 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. 2021, c.444. This registry will be formed and maintained to assist the City 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.

The City 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.

Any third parties retained to create, maintain, and/or administer the registry shall have the authority, on behalf of the City, 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.

(6)

Such other functions, within the scope of P.L. 2021, c. 444, which may be deemed necessary to carry out its function on behalf of the City.

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 City's registry, including registration fees, interest, and penalties, shall be paid, in full, directly to the City, or Burlington County, as applicable, not less than once per year, or as otherwise directed by the City's Zoning Officer or designee. 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 City, 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 City'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 chapter are due and owing at the time of the certification;

(b)

The amount of the registration fees, and separately, an 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 City's registry.

§ 338-7 Registration, notice, and other creditor requirements.

Within 30 days of the effective date of this chapter, 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 City: i) prior to the effective date of this chapter; and ii) which is pending as of the effective date of this chapter, shall provide notice in accordance with Subsection B of this section.

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 City, the creditor shall notify the City 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 in this chapter;

(4)

The full name, address, and telephone number for the representative of the creditor who is responsible for receiving notice of complaints of property maintenance code violations;

(5)

The full name, address, and telephone number of any persons 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;

(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; and

(7)

The notice requirements herein represent a continuing obligation throughout the pendency of the foreclosure action. After initial notice to the City, creditors subject to the notice requirement shall update the City's property registration program within 10 days of any change in the information contained in the original or any subsequent notices.

Creditors of any commercial and/or residential mortgage required to notify the City pursuant to this section shall:

(1)

Register the property with the City's property registration program as a property in foreclosure within 30 days of notifying the City.

(2)

Be subject to the registration fee, notice requirements, and penalties for non-compliance established within this chapter.

(3)

Update the property registration within 10 days of any change in the information contained in the original notice to the City;

(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 City;

(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;

(b)

Secure the property against unauthorized entry;

(c)

Post a sign on the inside of the property, visible to the public, containing the name, address, and telephone number of the creditor, or an out-of-state creditor's in-state representative or agent, for the purpose of receiving service of process;

(d)

Acquire and maintain a vacancy insurance policy which covers any damage to any person or property caused by any physical condition of the property while registered with the City's property registration program;

(e)

Provide proof, within 10 days of receiving a request by the City or its designee, that the above conditions have been satisfied;

(f)

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.

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 chapter.

§ 338-8 Violations and penalties.

An out-of-state creditor subject to the notice and registration requirements of this chapter, 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 City of applicable foreclosure actions.

A creditor subject to the notice and registration requirements of this chapter found to be in violation of any other section of this chapter 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.

If the City 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 chapter, but failed to abate the nuisance or correct the violation as directed, the City shall have the same recourse against the creditor as it would have against the owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100, et seq.

For all other provisions of this chapter, any owner who is not in full compliance with this chapter or who otherwise violates any provision of this chapter or of the rules and regulations issued hereunder shall be subject to a fine of not less than $500 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and may become a lien on the property, in accordance with other provisions of state law and the City of Burlington Code. Any failure to pay the annual registration fee or renewal fee may also become a lien on the property in accordance with other provisions of state law and the City of Burlington Code.

For purposes of this chapter, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 338-5 of this chapter, or such other matters as may be established by the rules and regulations of the Common Council for the City of Burlington shall be deemed to be violation of this chapter.

§ 338-9 Compliance with other provisions.

Nothing in this chapter is intended to nor shall be read to conflict or prevent the City of Burlington from taking action against buildings found to be unfit for human habitation or unsafe structures as provided in applicable provisions of the code of the City of Burlington and/or the Uniform Construction Code. Further, any action taken under any such code provision other than the demolition of a structure shall not relieve an owner from its obligations under this chapter.