[Adopted 12-23-2014 by Ord. No. O-14-17]
As used in this article, the following terms shall have the meanings indicated:
IN-STATE REPRESENTATIVE
A representative or agent with an address in the State of New Jersey who is responsible for receiving complaints of property maintenance and code violations on behalf of an out-of-state creditor.
OUT-OF-STATE CREDITOR
A holder of a mortgage on residential property within Freehold Township, whose mailing address is not located within the State of New Jersey.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
A. 
An unoccupied residential property within Freehold Township with at least two of the following conditions:
(1) 
Overgrown or neglected vegetation;
(2) 
The accumulation of newspapers, circulars, flyers or mail on the property;
(3) 
Disconnected gas, electric, or water utility services to the property;
(4) 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
(5) 
The accumulation of junk, litter, trash or debris on the property;
(6) 
The absence of window treatments such as blinds, curtains or shutters;
(7) 
The absence of furnishings and personal items;
(8) 
Statements of neighbors, delivery persons, or government employees indicating that the residence is vacant and abandoned;
(9) 
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
(10) 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
(11) 
A risk to the health, safety or welfare of the public, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
(12) 
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;
(13) 
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;
(14) 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
(15) 
Any other reasonable indicia of abandonment.
B. 
Notwithstanding the foregoing, a residential property shall not be considered "vacant and abandoned" if, on the property:
(1) 
There is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in compliance with all applicable ordinances, codes, regulations, and statutes;
(2) 
There is a building occupied on a seasonal basis, but otherwise secure; or
(3) 
There is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute.
Any creditor who has filed a summons and complaint in an action to foreclose on a residential property within Freehold Township that was, or since the time of filing has become, a vacant and abandoned residential property, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property according to the provisions of this chapter.
An out-of-state creditor who has filed a summons and complaint in an action to foreclose on a residential property within Freehold Township must appoint an in-state representative. The out-of-state creditor shall include the full name and contact information of an in-state representative in the notice of summons and complaint sent to the Township Clerk pursuant to N.J.S.A. 46:10B-51(a).
Upon the Township Code Enforcement Officer's determination that a creditor has violated § 245-23, the Zoning Officer shall issue a notice to the creditor informing the creditor of any and all such violations, and requiring the creditor to correct all violations 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 determination of whether a violation presents an imminent threat to public health and safety shall be made by the Township Health Officer, Zoning Officer or Code Enforcement Officer.
A. 
Any creditor, whether an out-of-state creditor or a creditor located within the state, who violates the duty of creditors set out in § 245-23 shall be subject to a fine of $1,500 for each day of such violation. Any such fine shall commence 31 days following receipt of the notice set forth in § 245-25, 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.
B. 
An out-of-state creditor shall be subject to a fine of $2,500 for each day of a violation of failure to advise the Township Clerk of its in-state representatives as required by § 245-24. Any such fine shall commence on the day after the ten-day period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice to the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
C. 
At least 20% of any money collected pursuant to this article shall be utilized for municipal Code enforcement purposes.
A. 
If a creditor does not comply with the notice issued pursuant to § 245-25, the Construction Code Official may enter into the premises and, by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations.
B. 
The Construction Code Official shall then certify to the Township Committee the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto and shall present same to the Township Committee.
C. 
The Township Committee may, by resolution, vote to cause the sum so certified to become a lien upon the property in question, payable with the next quarter's property taxes and, if not paid, bearing interest at the same rate as delinquent taxes.