[HISTORY: Adopted by the Mayor and Council of the Borough
of Riverton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-18-2022 by Ord. No. O-2022-07[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Vacant and Abandoned Properties, adopted 3-13-2013 by Ord. No. 3-2013.
The following definitions apply with respect to this article:
Any building, structure, or part thereof whether used for
human habitation or otherwise and includes any outbuildings or accessory
structures.
The Borough of Riverton, its governing body and any agent,
employee, or third party authorized to act on the Borough's behalf
with respect to vacant or abandoned property.
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
39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through N.J.C.A. 17:11C-89),
and/or any entity acting on behalf of the creditor named in the debt
obligation, including, but not limited to, servicers. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor. A creditor shall not include the state,
a political subdivision of the state, a state, county, or local government
entity, or their agent or assignee, such as the servicer.
Shall mean that the exterior of any building and grounds
are being kept in compliance with applicable construction, property
maintenance, habitability, and health codes. Compliance means without
violation or, if cited for violation, the abatement of the violation
within 30 days of the receipt of notice from the Borough or confirmation
of the violation in Municipal Court. Compliance includes the payment
of all applicable fines and penalties.
The holder or holders of title to a property, an agent of
the title holder authorized to act with respect to a vacant property,
any foreclosing party required to provide notice to the Borough pursuant
to N.J.S.A. 46:10B-51, or any other party in interest determined by
the Public Officer to have authority to act with respect to the maintenance
of a vacant property. A "responsible party" shall also include a creditor
filing a summons and complaint in an action to foreclose who shall
be responsible for the care, maintenance, security, and upkeep of
the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program. A "responsible party" shall also include an in-state representative
or agent of the creditor who shall be responsible for the care, maintenance,
security, and upkeep of the exterior of the property if it becomes
vacant and abandoned.
Pursuant to N.J.S.A. 40:48-2.4 et seq. shall mean the officer,
officers, board or body who is or are authorized by ordinances adopted
to exercise the powers prescribed by such ordinances and by P.L. 1942,
c. 112 (N.J.S.A. 40:48-2.3 et seq.). Notwithstanding any other provision
of law to the contrary, nothing shall prevent a municipality from
designating more than one public officer for different purposes as
provided by law. By way of example, but not limited to: Code Official,
Code Enforcement Officer, Construction Official, Housing Code Officer,
Health Official, or other designated public officer having authority
to designate structures unfit for habitation or dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of the
residents.
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
Any property shall be considered vacant and abandoned if it
is not legally occupied by an owner, mortgagor or tenant, which is
in such condition that it cannot be legally reoccupied, because of
the presence or finding of at least two of the following conditions
exist; or
For the purposes of this section, "vacant and abandoned" residential
property is further defined as residential real estate with respect
to which the mortgagee proves, by clear and convincing evidence, that
the mortgaged real estate is vacant and has been abandoned or where
a notice of violation has been issued pursuant to Section 3 of P.L.
2021, c. 444 (N.J.S.A. 40:48-2.12s3). Where a notice of violation
has not been issued pursuant to Section 3 of P.L. 2021, c. 444 (N.J.S.A.
40:48-2.12s3), real property shall be deemed "vacant and abandoned"
if the court finds that the property, mortgaged or not is not occupied
by an owner, 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 (N.J.S.A. 2A:50-56), and at least two of the following
conditions exist:
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 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;
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;
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.
A.Â
The owner of a vacant and abandoned property that is vacant and abandoned
on the effective date of P.L. 2021, c. 444,[1] shall file a certificate of registration with the Code Enforcement Officer, Public Officer or other designee. The owner of a property that becomes vacant and abandoned shall file a certificate of registration with the Code Enforcement Officer or designee after the property becomes vacant and abandoned or within 30 days after the responsible party assumes ownership of or responsibility for an already vacant and abandoned property. 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 or by another date agreed upon by the Borough and the creditor, as long as the building remains vacant and abandoned property and shall pay a registration or renewal fee in the amount prescribed in § 97-4 of this article for each vacant and abandoned property registered.
[1]
Editor's Note: See N.J.S.A 40:48-2.12s1.
B.Â
Any creditor that has initiated a foreclosure proceeding on any commercial
property that is pending in Superior Court shall provide to the Municipal
Clerk, and the Mayor or other chief executive officer of the municipality
in which the property is located, a listing of all commercial properties
in the municipality for which the creditor has foreclosure actions
pending by street address and lot and block number. If the municipality
has designated or appointed a public officer pursuant to P.L. 1942,
c. 112 (N.J.S.A. 40:48-2.3 et seq.), the municipal clerk shall forward
a copy of the notice to the public officer, or shall otherwise provide
it to any other public officer responsible for administration of any
property maintenance, health, or public nuisance code.
C.Â
The certificate of registration shall be filed on forms prescribed by the New Jersey Commissioner of Community Affairs and shall contain the information required under § 97-3 of this chapter, as well as any additional information that the Borough may reasonably require.
D.Â
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to be provided in a notice pursuant
to this paragraph following the filing of the summons and complaint,
the creditor shall provide a notice to the Municipal Clerk, and the
Mayor or other chief executive officer of the municipality containing
the updated name, address, or telephone number within 10 days of the
change in that information.
E.Â
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 Borough against the owner or
owners of the building.
A.Â
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant and abandoned property shall provide
access to the Code Enforcement Officer or other Public Officer to
conduct an exterior and interior inspection of the building to determine
compliance with the applicable codes, following reasonable notice,
during the period covered by the initial registration or any subsequent
renewal.
B.Â
The name, street address, and telephone number of a natural person
who resides or maintains an office within the state and who is either
the responsible party or an authorized agent designated of the owner
to receive notices and complaints of property maintenance and code
violations on behalf of the owner. The name, street address, and telephone
number of the person responsible for maintaining the property, if
different. Evidence of liability insurance by procuring a vacancy
policy, covering any damage to any person or any property caused by
any physical condition of the property while registered with the property
registration program.
C.Â
An owner who meets the requirements of this section as to location
of residence or office may designate himself or herself as agent.
D.Â
By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
or other legal notices concerning the registered vacant and abandoned
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 Code Enforcement Officer
or other Public Officer 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 article.
A municipality may impose an annual fee on a creditor required
to register a property. The fee shall not exceed:
A.Â
Five hundred dollars per property annually for any property that
is required to be registered because a summons and complaint in an
action to foreclose was filed by the creditor; and
B.Â
An additional $2,000 per property annually if the property is vacant
or abandoned pursuant to the definition in this article when the summons
and complaint in an action to foreclose is filed, or becomes vacant
or abandoned pursuant to the definition in this article at any time
thereafter while the property is in foreclosure. All such annual fees
and due dates thereof shall be identified in this article.
After the Borough notifies the owner that the property is vacant
and abandoned and until the property is reoccupied, the owner for
a vacant and abandoned property shall:
A.Â
Enclose and secure the building against unauthorized entry as provided
for in the International Property Maintenance Code 2012 Second Edition,
or as set forth in any other applicable codes duly adopted by the
Borough.
B.Â
Post a sign affixed to the inside of the property and visible to
the public indicating the name, address, and telephone number of the
responsible party, any authorized agent designated by the responsible
party for the purpose of receiving service of process, and the person
responsible for maintaining the property if different from the responsible
party or authorized agent.
C.Â
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.
D.Â
The owner of any vacant and abandoned 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.
E.Â
The owner shall attach evidence of the insurance to the owner's
registration statement.
F.Â
If the Public Officer, or other authorized official from the Borough
of Riverton determines the owner, creditor, agent, or other responsible
party fails to secure from unauthorized access, post notice, and/or
otherwise fails to act, and the condition of such property is unsafe,
unsanitary, dangerous or detrimental to the health or safety or otherwise
inimical to the welfare of the residents, pursuant to N.J.S.A. 40:48-2.3
et seq., the Public Officer, or other authorized official may take
necessary action to abate these nuisances and secure the property
from unauthorized entry. The full costs of such action will be billed
to the owner, creditor, agent or other responsible party. Failure
of the creditor or other responsible party to pay these abatement
costs within 30 days may result in a lien being placed on the property
once authorized by the governing body.
A.Â
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on a property in the Borough shall, within 10 days of
serving the summons and complaint, notify the Municipal Clerk, and
the Mayor or other chief executive officer of the municipality 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 full name, address, and telephone number for the representative
of the creditor who is responsible for receiving complaints of property
maintenance and code violations and the full name and contact information
for any person 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.
(1)Â
Any creditor that has initiated a foreclosure proceeding on any commercial
property that is pending in Superior Court shall provide to the Municipal
Clerk, and the Mayor or other chief executive officer of the municipality
a listing of all commercial properties in the Borough for which the
creditor has foreclosure actions pending by street address and lot
and block number.
B.Â
If the Public Officer, or other authorized municipal official, determines
that a creditor obligated to care, maintain, secure and keep up a
vacant and abandoned property has failed to do so, in violation of
the provisions of this article of the Borough Code, the public officer
or other authorized municipal official shall issue a notice of violation
to the creditor that has filed a summons and compliant 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 evidence that a property is vacant and abandoned
for purposes of N.J.S.A. 2A:50-73.
C.Â
If the owner of a commercial property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a commercial
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 Borough 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 Borough ordinance.
D.Â
Any out-of-state creditor shall notify the Municipal Clerk, and the
Mayor or other chief executive officer of the municipality, of the
full name, address, and telephone number 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 notice shall also include the street address, lot,
and block number of the property. If the out-of-state creditor is
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 day after the ten-day period with respect to notifying
the Municipal Clerk that an action to foreclose on the property has
been served.
E.Â
Any creditor subject to this article found by the municipal court of the municipality in which the property subject to the article is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection D of this section, of the article 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.
F.Â
If the Borough 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 the provisions of this article,
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 15 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).
G.Â
Except as set forth in this chapter and herein, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in this Code. A creditor required to care, maintain, secure and keep up a property under this chapter cited in a notice issued pursuant to Subsection B shall be subject to a fine of $1,500 for each day of the violation.
H.Â
Notice of violations of property maintenance, building or other property
codes for any property declared vacant and abandoned pursuant to this
chapter shall be given to a foreclosing creditor pursuant to the procedures
of this Code as required by P.L. 2014, c. 35.[1]
[1]
Editor's Note: See N.J.S.A 40:48-2.12s.
