City of Bordentown, NJ Property Maintenance

A certain document, three copies of which are on file in the office of the City Clerk of the City of Bordentown at City Hall, Bordentown, Burlington County, New Jersey, being marked and designated as the current edition of the International Property Maintenance Code, as published by Building Officials and Code Administrators International, Inc. (BOCA), be and the same is hereby adopted as the Property Maintenance Code of the City of Bordentown, in the County of Burlington and State of New Jersey, for the control of buildings and structures as herein provided, and each and all of the regulations of the Basic Property Maintenance Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter.

§ 216-2 Amendments to standards.

The following amendments and supplements are herewith made to the current edition of the International Property Maintenance Code hereinabove mentioned and hereby adopted:

The title shall be amended as follows:

Title: These regulations shall be known as the "Property Maintenance Code of the City of Bordentown," hereinafter referred to as the "Property Maintenance Code."

The penalties shall be amended as follows:

Penalty: Any person, firm or corporation who shall violate any provision of this code shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article I, Violations and Penalties, each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof; shall be deemed a separate offense.

§ 216-3 Owner's and occupant's liability.

Definitions. For purposes of this section, the following terms shall have the following meanings:

OCCUPANT

Any person living or sleeping in a building or having possession of a space within a building or any part thereof.

OPERATOR

Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Owner's liability. Owners and operators shall have all the duties and responsibilities prescribed in this Code and the Property Maintenance Code of the City of Bordentown, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.

Occupant's liability. Occupants shall have all the duties and responsibilities prescribed in this Code and the Property Maintenance Code of the City of Bordentown, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.

Contract not to alter responsibilities. Unless expressly provided to the contrary in this Code, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by an agreement or contract by and between any of the aforesaid or between them and the other parties.

§ 216-4 Sight triangles.

[Added 6-13-2011 by Ord. No. 2011-07]

Traffic visibility across corner lots. All corner lots existing at the intersection of two public streets must comply with the provisions of 2004 AASHTO's "A Policy on Geometric Design of Highways and Streets Standards" and based upon the speed limits established by the government agency having jurisdiction. Within the sight triangle established thereby: no wall, fence, structure or other object shall be erected to a height in excess of 30 inches; no vehicle, object or other obstruction of a height in excess of 30 inches shall be permitted; and no hedge, tree, shrub or other growth shall be maintained at a height in excess of 30 inches, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level shall be permitted.

Article II Vacant and Abandoned Properties

[Adopted 4-10-2023 by Ord. No. 2023-04[1].]

[1]

Editor's Note: This ordinance also repealed former Art. II, Vacant and Abandoned Properties, adopted 11-10-2014 by Ord. No. 2014-13

§ 216-5 Purpose and intent.

It is the intent of this article to enable the City of Bordentown to engage in the identification, registration, monitoring, and mitigation of properties that are or may become vacant and abandoned to the fullest extent permitted by P.L. 2021, c. 444.[1] in order to combat the immeasurable and deleterious effects of blight arising from residential and commercial properties that become vacant or abandoned during the foreclosure process.

[1]

Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.

§ 216-6 Definitions.

All words, terms, and phrases used within this article shall be defined and interpreted consistent with their meanings as outlined within P.L. 2021, c. 444, as may be amended from time to time.

CREDITOR

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, §§ 1 through 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and any entity, agent, or assignee acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. A creditor shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer.

VACANT AND ABANDONED

For purposes of this article a property shall be deemed "vacant and abandoned" if:

The property is not legally occupied by a mortgagor or tenant; and

The property cannot be legally reoccupied because of 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 property 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 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 a mortgagor expressing the clear intent of all mortgagors to abandon the property; or

(15)

Any other reasonable indicia of abandonment.

§ 216-7 Establishment and administration of registry.

The City of Bordentown shall create and maintain a registry of all commercial and/or residential properties within its municipal boundary for which a summons and complaint in an action to foreclose has been filed with the New Jersey Superior Court pursuant to its authority granted by P.L. 2021, c.444. This registry will be formed and maintained to assist the City with regulating the maintenance, security, and upkeep of properties which may become vacant and abandoned during the foreclosure process in order to prevent the negative effects of blight associated with vacant and abandoned properties that are not maintained.

The City of Bordentown may, at its discretion, create, maintain, and administer this registry independently or participate in a shared services agreement with other local units, counties, and/or county improvement authorities for the creation, maintenance, and administration of the registry pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq. If the City of Bordentown participates in a shared services agreement with another local unit, county, and/or county improvement authority, the program shall be administered consistent with P.L. 2021, c. 444.

(1)

The City's Housing and Code Enforcement Department or his/her designee shall serve as the municipal official responsible for notifying creditors, establishing and maintaining the registry, determining eligibility for designation as a vacant and abandoned property under this article, and for imposing fees, penalties, and/or violations.

§ 216-8 Registration, notice, and other creditor requirements.

Within 30 days of the effective date of this article, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the City of Bordentown prior to the effective date of this article and which is pending as of the effective date of this article shall provide notice in accordance with Subsection B of § 216-8.

Within 10 days of filing a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the City of Bordentown, the creditor shall notify the Housing and Code Enforcement Department, or his/her designee, of the action. Such notice shall include:

(1)

The address, block, and lot of the subject property;

(2)

The date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing;

(3)

Whether the property is vacant and abandoned in accordance with the definition in § 216-6, Definitions;

(4)

The full name, address, and telephone number for the representative of the creditor who is responsible for receiving notice of complaints of property maintenance and code violations;

(5)

The full name, address, and telephone number of 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; and

(6)

If the creditor is out-of-state, the full name, address, and telephone number of an in-state representative or agent who shall be responsible for any care, maintenance, security, or upkeep of the property, and for receiving notice complaints of property maintenance and code violations.

(7)

The notice requirements herein represent a continuing obligation throughout the pendency of the foreclosure action. After initial notice to the City, creditors subject to the notice requirement shall update the City's property registration program within 10 days of any change in the information contained in the original or any subsequent notices.

Creditors of any commercial and/or residential mortgage required to notify the City pursuant to this section shall:

(1)

Register the property with the City's property registration program as a property in foreclosure within 30 days of notifying the City;

(2)

Be subject to the registration fee, notice requirements, and penalties for noncompliance established within this article;

(3)

Update the property registration within 10 days of any change in the information contained in the original notice to the City;

(4)

If an out-of-state creditor, appoint an in-state representative or agent to act for the foreclosing creditor, whose contact information shall be contained within the initial notice to the City;

(5)

Within 10 days of the property becoming vacant and abandoned at any time during the pendency of the foreclosure action, the creditor shall:

(a)

Assume responsibility for the care, maintenance, upkeep, and security of the exterior of the property;

(b)

Secure the property against unauthorized entry;

(c)

Post a sign on the inside of the property, visible to the public, containing the name, address, and telephone number of the creditor, or an out-of-state creditor's in-state representative or agent, for the purpose of receiving service of process;

(d)

Acquire and maintain a vacancy insurance policy which covers any damage to any person or any property caused by any physical condition of the property while registered with the City's property registration program;

(e)

Provide proof, within 10 days of receiving a request by the City or its designee, that the above conditions have been satisfied.

(f)

Cure any violations of the above requirements within 30 days of receiving a notice of violation or, if deemed to present an imminent threat to public health and safety, within 10 days of receiving such notice.

(6)

Update the property registration within 10 days of the creditor becoming aware that the property is deemed vacant and abandoned as defined herein.

If at any time the creditor is deemed to be in violation of the above requirements and/or if the property is deemed to be in violation of any other applicable local or state maintenance, health, or safety codes, the Housing and Code Enforcement Department or his/her designee shall notify the creditor using the contact information provided in the property registry established by this article.

§ 216-9 Fees, violations, and penalties.

All fees, penalties, and/or fines established within this article and assessable pursuant to the City's authority outlined within P.L. 2021, c.444 shall be deemed a municipal charge in accordance with N.J.S.A. 54:5-1 et seq.

Creditors required to notify the City and register a property as one in foreclosure shall be required to pay the following annual registration fee, per property, due at the time of registration: $250.

If a property registered with the City's registration program as a property in foreclosure is vacant and abandoned at the time of registration or becomes vacant and abandoned at any time during the pendency of the foreclosure proceeding, the creditor shall pay an additional annual registration fee, per property, due at the time the determination that the property is vacant and abandoned is made, of $2,000.

Violations.

(1)

An out-of-state creditor subject to the notice and registration requirements of § 216-8 of this article, found to be in violation of the requirement to appoint an in-state representative or agent shall be subject to a fine of $2,500 for each day of the violation. The violation shall be deemed to commence on the day after the creditor's initial ten- or thirty-day requirement to notify the City of applicable foreclosure actions.

(2)

A creditor subject to the notice and registration requirements of § 216-8 of this article found to be in violation of any part of this article (with the exception of a violation pursuant to Subsection D(1) of § 216-9), shall be subject to a fine of $1,500 for each day of the violation. The violation shall be deemed to commence on the 31st day following the creditor's receipt of a notice of violation or, if deemed to present an imminent threat to public health and safety, on the 11th day following the creditor's receipt of such notice.

If the City 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 this article but failed to abate the nuisance or correct the violation as directed, the City 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 N.J.S.A. 55:19-100, et seq.