Pursuant to the provisions of the Public Laws of 2014, Chapter
35, a creditor filing a summons and complaint to foreclose a lien
on a residential property that is vacant and abandoned, whether the
filing of the summons and complaint is made before or after a determination
that the property is vacant and abandoned, shall be responsible for
the care, maintenance, security, and upkeep of the exterior of the
residential property. This obligation applies whether the determination
that the property is vacant and abandoned is made by the public officer
pursuant to the provisions of this chapter, any other chapter of the
Code of the Township of Delran, pursuant to the provisions of N.J.S.A.
2A:50-73 or otherwise.
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 chapter or any other chapter of this 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.
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the municipal Clerk pursuant to Paragraph
(1) of N.J.S.A. 46:10B-51. An out-of-state creditor 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 set forth in Paragraph (1) of
N.J.S.A. 46:10B-51 with respect to notifying the municipal Clerk that
an action to foreclose on the property has been filed.
Except as set forth in §
257-21 and herein, any person, firm, corporation or entity violating any provision of this article shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, Article
I, of this Code. A creditor required to care for, maintain, secure and keep up a property under this chapter cited in a notice issued pursuant to §
257-20 shall be subject to a fine of $1,500 for each day of the violation.
Notice of violations of property maintenance, building or other property codes for any property declared vacant and abandoned pursuant to this article shall be given to a foreclosing creditor pursuant to the procedures of §
257-20 of this Code as required by P.L. 2014, c. 35.