Any creditor that has initiated a foreclosure proceeding on
any residential property which is pending in Superior Court shall
provide to the Municipal Clerk of Clementon Borough a listing of all
residential properties in the Borough for which the creditor has foreclosure
actions pending by street address and lot and block number. The Municipal
Clerk shall forward a copy of the notice to the property maintenance
official or shall otherwise provide it to any other local official
responsible for administration of any property maintenance or public
nuisance code.
If the owner of a residential property vacates or abandons any
property on which a foreclosure proceeding has been initiated, or
if a residential 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 property is
found to be a nuisance or in violation of any applicable state or
local code, the property maintenance official, Municipal Clerk, or
other authorized municipal official shall notify the creditor, 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. The notice shall include a description
of the conditions that gave rise to the violation with the notice
of violation and shall provide a period of not less than 30 days from
the creditor's receipt of the notice for the creditor to remedy the
violation. If the creditor fails to remedy the violation within that
time period, the Borough may impose penalties allowed for the violation
of municipal ordinance pursuant to N.J.S.A. 40:49-5.
If Clementon Borough expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of §
214-21 but failed to abate the nuisance or correct the violation as directed, Clementon 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 § 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
The property maintenance official shall issue a notice to the
creditor filing the summons and complaint in an action to foreclose
if the public officer or other authorized municipal official determines
that the creditor has violated the ordinance by failing to provide
for the care, maintenance, security, and upkeep of the exterior of
the property. Such 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 a notice pursuant
to this section shall constitute proof that a property is "vacant
and abandoned" for the purposes of P.L. 2012, c. 70 (N.S.J.A. 2A:50-73).
No less than 20% of any money collected pursuant to this article
shall be utilized by the Borough of Clementon for Borough Code enforcement
purposes.