It is the purpose and intent of this article to amend the process
to mitigate the amount of deteriorating property located within the
City of Somers Point, which is in foreclosure, or where ownership
has been transferred to a lender or mortgagee by any legal method.
It is further intended to improve the registration program as a mechanism
to protect neighborhoods from becoming blighted through the lack of
adequate maintenance of properties during the foreclosure process.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning. Where the context will permit
and no definitions are provided herein, the definitions provided in
the State of New Jersey Building Code shall apply. When consistent
with the context, words used in the present tense include the future,
words in the plural include the singular and words in the singular
include the plural. The word "shall" is always mandatory and not merely
directory.
ABANDONED REAL PROPERTY
A.
Any real property that is vacant and that has had a lis pendens
filed against it by the lender holding a mortgage on the property,
and/or is subject to an ongoing foreclosure action by the mortgagee,
and/or is under a notice of mortgagee's sale, and/or properties that
have been the subject of a foreclosure sale where title is retained
by the beneficiary of a mortgage involved in the foreclosure, and
any properties transferred under a deed in lieu of foreclosure sale,
a short sale or any other legal means.
B.
For the purpose of registration and enforcement, "abandoned
real property" also means any real property that is occupied and that
has had a lis pendens filed against it by the lender holding a mortgage
on the property, and/or is subject to an ongoing foreclosure action
by the lender, and/or is under a notice of mortgagee's sale, and/or
properties that have been the subject of a foreclosure sale where
title is retained by the beneficiary of a mortgage involved in the
foreclosure, and any properties transferred under a deed in lieu of
foreclosure sale, a short sale or any other legal means.
C.
The designation of a property as "abandoned" shall remain in
place until such time as the property is sold or transferred to a
new owner through an arm's length transaction, or the foreclosure
action has been dismissed.
ACCESSIBLE PROPERTY
A property that is accessible through a compromised/breached
gate, fence, wall, etc.
ACCESSIBLE STRUCTURE
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
ANNUAL REGISTRATION
Twelve months from the date of the first action that requires
registration, as determined by the Town, or its designee, and every
subsequent 12 months. The date of the initial registration may be
different than the first action that required registration.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs or other code deficiencies which create hazardous
conditions and encourage trespassing;
B.
Properties cited for a public nuisance pursuant to the Somers
Point City Code; or
C.
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lack maintenance
as required by the Municipal and Zoning Codes.
CITY
The City of Somers Point.
DAYS
Consecutive calendar days.
DEFAULT
When a mortgagee declares said mortgage to be in default
either in writing, by recording a complaint for foreclosure, lis pendens,
or commences foreclosure proceedings.
ENFORCEMENT AUTHORITY
The Code Enforcement Office, the Department of Public Works,
the Police Department, and any other department designated as such
by the City Administrator.
ENFORCEMENT OFFICER
Any full-time or part-time law enforcement officer, building
official, fire inspector or code enforcement officer employed by,
contracted for, or servicing the City of Somers Point.
EVIDENCE OF VACANCY
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, electricity, water, or other utilities turned
off, stagnant swimming pool, statements by neighbors, passersby, delivery
agents or government agents, among other evidence.
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable right
of redemption to obtain legal and equitable title to the real property
pledged as security for a debt or the real property subject to the
lien. This definition shall include, but is not limited to, a complaint
and summons filed with respect to foreclosure on a mortgage, a lis
pendens filed against it by the lender holding a mortgage on the property,
a deed-in-lieu of foreclosure, sale to the mortgagee or lien holder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The legal
process is not concluded until the property obtained by the mortgagee,
lien holder, or their designee, by certificate of title, or any other
means, is sold to a non-related bona fide purchaser in an arm's length
transaction to satisfy the debt or lien.
LOCAL PROPERTY MANAGER
An individual property manager, property management company,
property maintenance company or similar entity located within the
State of New Jersey, designated by the owner or mortgagee who is responsible
for the maintenance of real property as required by this chapter.
MORTGAGEE
The creditor, including but not limited to, mortgage service
companies, lenders in a mortgage agreement and any agent, servant
or employee of the mortgagee, or any successor in interest and/or
assignee of the mortgagee's rights, interests, or obligations under
the mortgage agreement, excluding governmental entities as assignee
or owner.
PROPERTY
Any real estate, residential property, or portion thereof,
located in the City, including buildings or structures situated on
the property. For the purposes of this section only, "property" does
not include property owned or subject to the control of the City or
any of its governmental bodies or agencies.
PUBLIC NUISANCE
All abandoned property is hereby declared to be a public
nuisance, the abatement of which, pursuant to the police power, is
hereby declared to be necessary for the health, welfare, and safety
of the residents of the City of Somers Point.
PUBLIC PROPERTY
All waterways, lands and improvements owned by governmental
body or any governmental agency, including but not limited to easements
and rights-of-way.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used,
intended, or designed to be occupied for living purposes.
SECURING
Taking measures that assist in making the property inaccessible
to unauthorized persons.
VACANT
Any property not currently legally occupied and not properly
maintained or secured.
This article relates to foreclosure and/or vacant property.
This chapter shall be considered cumulative and is not superseding
or subject to any other law or provision for same but shall rather
be an additional remedy available to the City of Somers Point in addition
to, above and beyond any other state, county and/or local provisions
for same; and in addition to any other remedies in law or equity not
set forth herein.
The enforcement authority shall have the authority and the duty
to inspect properties subject to this article for compliance and to
issue summonses for any violations.
Upon the effective date of the ordinance from which this article
derives, any existing vacant or foreclosing properties shall have
30 days to comply with the provisions of this article.
Nothing contained in this article shall prohibit the City of
Somers Point from enforcing its codes by any other means, including,
but not limited to, injunction, abatement or as otherwise provided
by the Somers Point Municipal Code or applicable law.
The registration fees and penalties contained in this Article
and the provisions set forth herein may be amended only by an ordinance
adopted by the Somers Point City Council.