[Added 11-25-2014 by Ord. No. 2014-025]
A.
Any creditor, individual or entity filing a summons and complaint
in an action to foreclose on any real property within the Borough
of Park Ridge shall be responsible for the care, maintenance, security
and upkeep of the exterior of the property, if vacant and/or abandoned.
If said creditor, individual or entity is located outside of the State
of New Jersey, said creditor, individual or entity shall be required
to appoint an agent or representative within the State of New Jersey
to act on behalf of the creditor, individual or entity, providing
the Borough of Park Ridge with the full name and contact information
of the agent or representative within the State of New Jersey at the
time the creditor, individual or entity provides the notice to the
Borough required by N.J.S.A. 46:10(B)-51.
B.
Either the Zoning Officer or the Construction Code Official of the
Borough of Park Ridge shall be authorized to issue a notice to the
creditor, individual or entity filing a foreclosure action if it is
determined that the creditor, individual or entity has failed to provide
for the care, maintenance, security and upkeep of the exterior of
any vacant and abandoned property. Said notice shall require the creditor,
individual or entity to correct any 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 subsection shall constitute proof that
a property is vacant and abandoned for the purposes of N.J.S.A. 2A:50-73.
C.
An out-of-state creditor found by the municipal court entrusted with
the responsibility of adjudicating violations of the within Ordinance
or any other court of competent jurisdiction to be in violation of
the requirement to appoint an in-state representative or agent pursuant
to this article shall be subject to a fine of $2,500 for each day
of any violation of this article. Any fines imposed on a creditor
for failure to appoint an in-State representative or agent shall commence
on the day after the ten-day period set forth in Paragraph (l) of
Subsection a. of Section 17 of P.L. 2008, chapter 127 [N.J.S.A. 46:10(B)-51)]
for providing notice to the Borough Clerk that a summons and complaint
in an action to foreclose on a mortgage has been served.
D.
A creditor, individual or agent found by the municipal court having
the responsibility of adjudicating violations of this article to have
violated the requirement to correct, care for, maintain, secure or
upkeep property which is subject to this article shall be subject
to a fine of $1,500 for each day of the violation. Any fines imposed
pursuant to this paragraph shall commence 31 days following receipt
of the notice 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.
E.
For purposes of this article, failure to maintain, care for or secure
vacant or abandoned property shall include the following:
(1)
Overgrown or neglected vegetation;
(2)
The accumulation of newspapers, circulars, flyers, mail or other
paper 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 absence of window treatments such as blinds, curtains or shutters;
(6)
Windows or entrances to the property that are boarded up, closed
off, damaged, broken and/or unrepaired.
(7)
Doors that are broken, unhinged or continuously unlocked;
(8)
Any violation of a any applicable building, housing or similar Code;
(9)
Any condition evidencing a risk to the health, safety or welfare
of any adjoining property due to acts of vandalism, loitering, criminal
conduct;
(10)
Any physical destruction or deterioration of the exterior of
the structure.
