[HISTORY: Adopted by the City Council of the City of Brigantine
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-2013 by Ord. No. 12-2013]
The public officer charged with the responsibility for identifying
abandoned properties and giving notice as set forth in N.J.S.A. 55:19-82
shall be that officer designated by the City Council pursuant to N.J.S.A.
55:19-80.
A.
The public officer shall identify all properties within the municipality
which are deemed abandoned pursuant to N.J.S.A. 55:19-78 et seq.
B.
Each item of abandoned property shall be identified by tax block
and lot number, the name of the owner of record (if known), and the
street address of the lot.
C.
Upon identification of abandoned property, the public officer shall
create and maintain a list of such property to be called the "Abandoned
Property List." Properties may be added to the list at any time or
deleted from the list at any time the public officer finds that the
property no longer meets the definition of an abandoned property.
An interested party may request that a property be included on the
abandoned property list following the procedure set forth in N.J.S.A.
55:19-105.
D.
An abandoned property shall not be included on the Abandoned Property
List if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of the rehabilitation
work authorized by those permits. A property on which an entity other
than the municipality has purchased or taken assignment from the municipality
of a tax sale certificate, which has been place on the Abandoned Property
List, may be removed from the list in accordance with the provisions
of N.J.S.A. 55:19-103.
A.
The public officer, within 10 days of the establishment of the abandoned
property list, or any additions thereto, shall send a notice, by certified
mail, return receipt requested, and by regular mail, to the owner
of record of every property included on the list and shall cause the
list to be published in the official newspaper of the municipality,
which publication shall constitute public notice. The published and
mailed notices shall identify the property determined to be abandoned
setting forth the owner of record (if known), the tax lot and block
number, and street address. The public officer, in consultation with
the Tax Collector, shall also send out a notice by regular mail to
any mortgagee, servicing organization, or property tax processing
organization that receives a duplicate copy of the tax bill pursuant
to Subsection d of N.J.S.A. 54:4-64. When the owner of record is not
known for a particular property and cannot be ascertained by the exercise
of reasonable diligence by the Tax Collector, notice shall not be
mailed but instead shall be posted on the property in the manner provided
in N.J.S.A. 40:48-2.7. The mailed notice shall indicate the factual
basis for the public officer's finding that the property is abandoned
property as that term is defined in N.J.S.A. 55:19-82 and the rules
and regulations promulgated thereunder, specifying the information
relied upon in making such finding. In all cases, a copy of the mailed
or posted notice shall also be filed by the public officer in the
office of the Atlantic County Clerk. This filing shall have the same
force and effect as a notice of lis pendens under N.J.S.A 2A:15-6.
B.
The public officer shall seek reimbursement for the postage costs and search fees associated with providing notice in accordance with Subsection A of this section from the Authority (as defined in N.J.S.A. 40:48-2.4) or its subsidiaries in accordance with procedures and rules promulgated by the Department of Community Affairs.
The City of Brigantine, through its appropriate officials, including,
but not limited to, the public officer, shall have all powers afforded
to the municipality, and its agents, servants and employees, under
the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78, including,
but not limited to, the power to transfer possession and control of
an abandoned property in need of rehabilitation to a municipality,
pursuant to N.J.S.A. 55:19-84, subject, nevertheless, to the procedural
requirements for same set forth in said Act; the power to enter, secure,
stabilize, repair or inspect the property under N.J.S.A. 55:19-86;
the power to exercise its rights to further rehabilitation and re-use
of the property under N.J.S.A. 55:19-90 et seq.; the power to impose
liens upon, undertake improvements to, and borrow funds to facilitate
powers delegated to municipalities under said Act, in accordance with
said Act; and all such powers and authority delegated to municipalities
under said Act, all of which statutes are incorporated herein and
made a part hereof by reference.
The owner of the property and the parties of interest shall
have all rights afforded to them under the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., including, but not limited to, all
defenses to a complaint filed by the City of Brigantine pursuant to
N.J.S.A. 55:19-87; the right to petition for reinstatement of control
and possession pursuant to N.J.S.A. 55:19-92 provided that the owner
satisfies all requirements and obligation pursuant to N.J.S.A. 55:19-93
and N.J.S.A. 55:19-94; and all such rights delegated to the owner
of the property and parties of interest under said Act, all of which
statutes are incorporated herein and made a part hereof by reference.
The mortgage holder or lien holder shall have all rights the
property and the parties of interest shall have all rights afforded
to them under the Abandoned Properties Rehabilitation Act, N.J.S.A.
55:19-78 et seq. including, but not limited to, the right to seek
to be designated in possession of the property pursuant to N.J.S.A.
55:19-89; and all such rights delegated to the mortgage holder or
lien holder under said Act, all of which statutes are incorporated
herein and made a part hereof by reference.
[Adopted 1-20-2016 by Ord. No. 2-2016; amended in its entirety 10-19-2022 by Ord. No.
16-2022]
It is the purpose and intent of the City of Brigantine to establish
a process to address the deterioration and blight of City of Brigantine
neighborhoods caused by an increasing amount of real property in foreclosure
located within the City of Brigantine, and to identify, regulate,
limit and reduce the number of foreclosure properties located within
the City of Brigantine. It is the City of Brigantine's further
intent to participate in the County-wide registration program established
by the Atlantic County Improvement Authority as a mechanism to protect
neighborhoods from becoming blighted due to the lack of adequate maintenance
and security of foreclosure properties.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any real property located in the City of Brigantine, whether
vacant or occupied, that is in default on a mortgage, as evidenced
by a foreclosure filing, has had a complaint and summons filed, has
had a lis pendens filed against it by the lender holding a mortgage
on the property, is subject to an ongoing foreclosure action by the
lender, or has been transferred to the lender under a deed in lieu
of foreclosure. The designation of a property as "foreclosure" shall
remain in place until such time as the property is sold or transferred
to a new owner, the foreclosure action has been dismissed, and sold
to a non-related bona fide purchaser in an arm's length transaction.
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
To include, but not be limited to, the City of Brigantine's
Zoning Code[1] the City of Brigantine's Code of Ordinances ("Brigantine
Code"), and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Brigantine
Code; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the Brigantine City and Zoning Codes.[2]
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, public
officer, or other person authorized by the City of Brigantine to enforce
the applicable codes.
The creditor, including but not limited to trustees; mortgage
servicing companies; 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; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities
as assignee or owner.
Any person, legal entity or other party having any ownership
interest whether legal or equitable, in real property. This term shall
also apply to any person, legal entity or agent responsible for the
construction, maintenance or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the City limits.
Any real property located in the <GOVERNED AREA>, whether
vacant or occupied, that is subject to an ongoing foreclosure action
by the mortgagee or trustee, has been the subject of a foreclosure
action by a mortgagee or trustee and a judgment has been entered,
or has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgage involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure/sale.
The designation of a "foreclosure" property as "registrable" shall
remain in place until such time as the property is sold to a non-related
bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed.
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the City of Brigantine above and beyond
any other state, county or local provisions for same.
Pursuant to the provisions of § 237-1 et seq., the City of Brigantine shall participate in the County-wide registration program established by the Atlantic County Improvement Authority cataloging each abandoned property within the City of Brigantine, containing the information required by this article.
A.
Any mortgagee who holds a mortgage on real property located within
the City of Brigantine shall perform an inspection of the property
to determine vacancy or occupancy, upon default by the mortgagor,
as evidenced by a filing. The mortgagee shall, within 10 days of the
inspection, register the property with the Division of Code Enforcement,
or designee, on forms or website access provided by the City of Brigantine,
and indicate whether the property is vacant or occupied. A separate
registration is required for each property, whether it is found to
be vacant or occupied.
B.
If the property is occupied but remains in foreclosure, it shall
be inspected by the mortgagee or his designee monthly until it is
found to be vacant or shows evidence of vacancy at which time it is
deemed abandoned, and the mortgagee shall, within 10 days of that
inspection, update the property registration to a vacancy status on
forms provided by the City of Brigantine.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and e-mail address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property.
D.
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration.
E.
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the annual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration.
F.
If the mortgage and/or servicing on a property is sold or transferred,
the new mortgagee is subject to all the terms of this article. Within
10 days of the transfer, the new mortgagee shall register the property
or update the existing registration. The previous mortgagee(s) will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the registrable property.
G.
If the mortgagee sells or transfers the registrable property in a
non-arm's length transaction to a related entity or person, the
transferee is subject to all the terms of this article. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including but not limited to unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that mortgagee's involvement with the registrable property.
H.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the City of Brigantine and/or its authorized designee.
I.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
J.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in foreclosure.
K.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
L.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this article is a violation of the
article and shall be subject to enforcement. Pursuant to any administrative
or judicial finding and determination that any property is in violation
of this article, the City of Brigantine may take the necessary action
to ensure compliance with and place a lien on the property for the
cost of the work performed to benefit the property and bring it into
compliance.
M.
Registration of foreclosure property does not alleviate the mortgagee
and/or owner from obtaining all required licenses, permits and inspections
required by applicable code or state statutes. Acquisition of required
licenses, permits and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this section. Mortgagee and/or owner is expected to update the
status of the property in the event of a mortgagee-managed rental.
A.
Properties subject to this article shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, 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.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable codes at the time registration was
required.
D.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable codes.
G.
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable codes and issuance of a citation or notice of violation in accordance with Chapter 237 of the Code of the City of Brigantine. Pursuant to a finding and determination by the City of Brigantine's Public Officer or a court of competent jurisdiction, the City of Brigantine may take the necessary action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable codes.
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" 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.
If a mortgage on a property is in foreclosure, and the property has
become vacant or abandoned, a property manager shall be designated
by the mortgagee to perform the work necessary to bring the property
into compliance with the applicable codes, and the property manager
must perform regular inspections to verify compliance with the requirements
of this article, and any other applicable laws.
All foreclosing or foreclosed real property is hereby declared
to be a public nuisance, the abatement of which pursuant to the police
power is hereby declared to be necessary for the health, welfare and
safety of the residents of the City of Brigantine.
A.
Any person who shall violate the provisions of this article may be cited and fined as provided in Chapter 237 of the Brigantine Code and N.J.S.A. 55:19-78 et seq. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the Brigantine Code sections, except to the extent that different types of violations of the Brigantine Code section may carry different civil penalties. For each Brigantine Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this code, the relevant Brigantine Code sections shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register foreclosing or foreclosed real property
on annual basis and/or any violation of the sections stated within
|
$500
|
B.
Unless otherwise provided for in this article, a violation of this
article is declared unlawful.
(1)
Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(1), an out-of-state
creditor subject to an ordinance adopted pursuant to Subsection a
of this section[1] found by the municipal court of the municipality in which
the property subject to the ordinance is located, or by any other
court of competent jurisdiction, to be in violation of the requirement
to appoint an in-state representative or agent pursuant to the ordinance
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]
Editor's Note: "Subsection a of this section" refers
to N.J.S.A. 40:48-2.12s3a.
(2)
Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(2), a creditor
subject to an ordinance adopted pursuant to Subsection a of this section[2] found by the municipal court of the municipality in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection B(1) of this section, of the ordinance shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following receipt of the notice of violation, 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.
[2]
Editor's Note: "Subsection a of this section" refers
to N.J.S.A. 40:48-2.12s3a.
Adherence to this article does not relieve any legal entity
or agent from any other obligations set forth in any applicable codes,
which may apply to the property. Upon sale or transfer of title to
the property, the owner shall be responsible for all violations of
the applicable codes and the owner shall be responsible for meeting
with the City's Code Enforcement Division within 45 days for
a final courtesy inspection report.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the City's
public officer as soon as possible to address the conditions of the
property.
B.
The public officer shall have the authority to require the mortgagee
and/or owner of record of any property affected by this section to
implement additional maintenance and/or security measures including,
but not limited to, securing any and all doors, windows or other openings,
employment of an on-site security guard or other measures as may be
reasonably required to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
public officer may direct the City to abate the violations and charge
the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the City of Brigantine for the
cost of temporarily securing the property, or of any abatement directed
by the public officer, within 30 days of the City of Brigantine sending
the mortgagee the invoice, then the City of Brigantine may lien the
property with such cost, along with an administrative fee of $500
to recover the administrative personnel services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this article shall be punishable as provided
in the applicable codes or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the City
of Brigantine to enforce the sections here within shall be immune
from prosecution, civil or criminal, for reasonable, good faith entry
upon real property while in the discharge of duties imposed by this
article.
