[HISTORY: Adopted by the Township Council of the Township
of Brick 5-22-2018 by Ord. No. 16-18;[1] amended in its entirety 9-27-2022 by Ord. No. 21-22.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 329,
Property Forclosures, comprising Art. 1, Registration and Maintenance
of Properties Pending Foreclosure, adopted 11-25-2014 by Ord. No.
33-14.
It is the purpose and intent of the Township Council to amend
in light of recent state legislation P.L. 2021, c. 444, the process
to address the deterioration, crime, and decline in value of Township
neighborhoods caused by property with foreclosing or foreclosed mortgages
located within the Township, and to identify, regulate, limit and
reduce the number of these properties located within the Township.
It has been determined that owner-occupied structures are generally
better maintained when compared to vacant structures, even with a
diligent off-site property owner. Vacant structures or structures
owned by individuals who are economically strained and unable to meet
their mortgage obligations are often not properly or diligently maintained,
which contribute to blight, declined property values, and have a negative
impact on social perception of the residential areas where they are
located. It is the Township Council's further intent to establish
a registration program as a mechanism to help protect neighborhoods
from becoming blighted through the lack of adequate maintenance of
properties that are in in foreclosure or foreclosed, and to provide
a mechanism to avert foreclosure actions through timely intervention,
education, or counseling of property owners.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt, referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Township to enforce the applicable code(s).
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 are not limited to: overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passers-by,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
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 nonrelated bona fide purchaser in
an arm's length transaction to satisfy the debt or lien.
The creditor, including but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities.
Every person, entity, or mortgagee, who alone or severally
with others, has legal or equitable title to any real property as
defined by this chapter; has legal care, charge, or control of any
such property; is in possession or control of any such property; and/or
is vested with possession or control of any such property. The property
manager shall not be considered the owner.
Any in-state party designated by the owner or mortgagee as
responsible for inspecting, maintaining and securing the property
as required in this chapter. The in-state property manager shall be
capable of receiving notices issued for violations of Township codes
or summons to appear in court, unless a different in-state individual
has been identified for that purpose.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Township limits.
Any real property located in the Township, whether vacant or
occupied, that is encumbered by a mortgage subject to an ongoing foreclosure
action by the mortgagee or trustee, has been the subject of a foreclosure
action by a mortgagee or trustee and a judgment has been entered,
or has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgage involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure/sale.
The designation of a "foreclosure" property as "registrable" shall
remain in place until such time as the property is sold to a nonrelated
bona fide purchaser in an arm's length transaction and/or the
foreclosure action has been dismissed; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
Exception: If an owner can demonstrate that the vacant property
has historically been used as a part-time residence, as a seasonal
home, or as a rental unit the property registration is not required
based on vacancy. If the property remains vacant for 180 days registration
is required.
A web-based electronic database of searchable real property
records, used by the Township to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
chapter.
Six months from the date of the first action that requires
registration, as determined by the Township, or its designee, and
every subsequent six months. The date of the initial registration
may be different than the date of the first action that required registration.
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Township codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any parcel of land in the Township that contains any building
or structure that is not lawfully occupied.
This chapter applies to foreclosure and vacant property within
the Township.
Pursuant to the provisions of § 329-2, the Township, or its designee, shall establish a registry cataloging each registrable property within the Township, containing the information required by this chapter.
A.
Any mortgagee who holds a mortgage on real property located within
the Township shall perform an inspection of the property upon default
by the mortgagor as evidenced by the filing of a foreclosure action.
B.
Property inspected pursuant to Subsection A above that remains in foreclosure, shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
C.
Within 10 days of the date any mortgagee files a foreclosure action,
the mortgagee shall register the real property with the Township registry,
and, at the time of registration, indicate whether the property is
vacant, and if so shall designate in writing a property manager to
inspect, maintain and secure the real property subject to the mortgage
under a foreclosure action. A separate registration is required for
each property under a foreclosure action, regardless of whether is
occupied or vacant.
D.
Initial registration pursuant to this section shall contain at a
minimum the name of the mortgagee, the mailing address of the mortgagee,
e-mail address, telephone number and name of the in-state property
manager and said person's address, e-mail address, and telephone
number. The said person's address shall not be limited to a post
office box, but shall specify a physical location where such Instate
property manager may be found during normal business hours.
E.
If the mortgagee is located outside of New Jersey, it must provide
the full name, mailing address, and direct-dial telephone number of
an in-state representative or agent for the mortgagee.
F.
At the time of initial registration, each registrant shall pay a
nonrefundable annual registration fee of $500 for each property under
foreclosure. Subsequent annual registrations of properties under foreclosure
and fees in the amount of $500 are due within 10 days of the expiration
of the previous registration. There shall be an additional fee of
$2,000 per property annually if the property is vacant or abandoned
when the summons and complaint in an action to foreclose is filed,
or becomes vacant and abandoned at any time thereafter while the property
is in foreclosure. Said fees shall be used to offset the costs of:
(1) registration and registration enforcement, (2) code enforcement
and mitigation related to defaulted properties, (3) post-closing counseling
and foreclosure intervention limited to owner-occupied persons in
default, which may not include cash and mortgage modification assistance,
and (4) for any related purposes as may be adopted in the policy set
forth in this chapter. Said fees shall be deposited to a special account
in the Township's department dedicated to the cost of implementation
and enforcement of this chapter, and fulfilling the purpose and intent
of this chapter. None of the funds provided for in this section shall
be utilized for the legal defense of foreclosure actions.
G.
Each individual property on the registry that has been registered
for six months or more prior to the effective date shall have 30 days
to renew the registration and pay the nonrefundable annual registration
fee. Properties registered less than six months prior to the effective
date shall renew the registration every 12 months from the expiration
of the original registration renewal date and shall pay the nonrefundable
annual registration fee.
H.
If the mortgage and/or servicing on a registrable property pursuant
to this section is sold or transferred, the new mortgagee is subject
to all the terms of this chapter. Within 10 days of the transfer,
the new mortgagee shall register the property or update the existing
registration. The previous mortgagee(s) will not be released from
the responsibility of paying all previous unpaid fees, fines, and
penalties accrued during that mortgagee's involvement with the
registrable property.
I.
If the mortgagee sells or transfers the registrable property in a
non-arm's length transaction to a related entity or person, the
transferee is subject to all the terms of this chapter. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including but not limited to unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that mortgagee's involvement with the foreclosure property.
J.
If the foreclosure property is not registered, or the registration
fee is not paid within 30 days of when the registration is required
pursuant to this section, a late fee equivalent to 10% of the annual
registration fee shall be charged for every thirty-day period, or
portion thereof, the property is not registered and shall be due and
payable with the registration. This section shall apply to the initial
registration and registrations required by subsequent transferees,
owners and mortgagees of the foreclosure property.
K.
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
L.
Properties subject to this section shall remain subject to the annual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property remains registrable
property.
M.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change of circumstances
as required by this chapter is a violation of this chapter and shall
be subject to enforcement by any of the enforcement means available
to the Township.
N.
If any property is in violation of this chapter, the Township may
take the necessary action to ensure compliance with and/or place a
lien on the property for the cost of the outstanding obligation and
any additional cost incurred to the property into compliance.
O.
Properties registered as a result of this section are not required
to be registered again pursuant to the real property that is not subject
to a mortgage in foreclosure section.
P.
Registration of foreclosure property does not alleviate the mortgagee
and/or property owner from obtaining all required licenses, permits
and inspections required by applicable code or state statutes. Acquisition
of required licenses, permits and inspections or registration of rental
property does not alleviate the requirement for the property to be
registered under this section. Mortgagee and/or property owner is
expected to update the status of the property in the event of a mortgagee
managed rental.
A.
Any owner of vacant property located within the Township shall, within
10 days after the property becomes vacant, or within 10 days after
assuming ownership of the property, whichever is later, register the
real property with the Township registry.
B.
Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, e-mail
address, and telephone number of the owner, and if applicable, the
name and telephone number of the in-state property manager and said
person's address, e-mail address, and telephone number. The said
person's address shall not be limited to a post office box, but
shall specify a physical location where such in-state property manager
may be found during normal business hours.
C.
At the time of initial registration each registrant shall pay a non-refundable
semiannual registration fee of $500 for each vacant property. Subsequent
semiannual registrations of vacant properties and fees in the amount
of $500 are due within 10 days of the expiration of the previous registration.
Said fees shall be used to offset the costs of:(1) registration and
registration enforcement, (2) code enforcement and mitigation related
to vacant properties, and (3) for any related purposes as may be adopted
in the policy set forth in this chapter. Said fees shall be deposited
to a special account in the Township's department dedicated to
the cost of implementation and enforcement of this chapter, and fulfilling
the purpose and intent of this chapter.
D.
Each individual property on the registry that has been registered
for 12 months or more prior to the effective date shall have 30 days
to renew the registration and pay the $500 semiannual registration
fee. Properties registered less than 12 months prior to the effective
date shall renew the registration every six months from the original
registration date and shall pay the $500.
E.
If the property is sold or transferred, the new owner is subject
to all the terms of this chapter. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
F.
If the vacant property is not registered, or either the registration
fee or the semiannual registration fee is not paid within 30 days
of when the registration or semiannual registration is required pursuant
to this section, a late fee shall be equivalent to 10% of the semiannual
registration fee shall be charged for every thirty-day period, or
portion thereof, the property is not registered and shall be due and
payable with the registration. This section shall apply to the initial
registration and registrations required by subsequent owners of the
vacant property.
G.
Properties subject to this section shall remain subject to the semiannual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property is vacant.
H.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this chapter is
a violation of this chapter and shall be subject to enforcement by
any of the enforcement means available to the Township.
I.
If any property is in violation of this chapter the Township may
take the necessary action to ensure compliance with and place a lien
on the property for the cost of the outstanding obligation and any
additional cost incurred to the property into compliance.
J.
Properties registered as a result of this section are not required
to be registered again pursuant to the defaulted mortgage property
section.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items
including, but not limited to, furniture, clothing, large and small
appliances, printed material, or any other items that give the appearance
that the property is abandoned.
B.
Registrable property shall be maintained free of graffiti or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior front, side, and rear yards,
including landscaping, of registrable property shall be maintained
in accordance with the applicable code(s) at the time registration
is required.
C.
Front, side, and rear yards, including landscaping, of registrable
property shall be maintained in accordance with the applicable code(s)
at the time registration is required.
D.
Registrable yard maintenance shall include, but not be limited to,
grass, ground covers, bushes, shrubs, hedges or similar plantings,
decorative rock or bark or artificial turf/sod. Acceptable maintenance
of yards and/or landscape shall not include weeds, gravel, broken
concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings. All trimmings and cuttings must be removed immediately.
Any vegetation waste onsite after three days will be considered the
accumulation of rubbish which is subject to penalties.
F.
Pools and spas of shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee, owner, and transferees to properly maintain
the property as required by this chapter may result in a violation
of the applicable code(s) and issuance of a citation or notice of
violation in accordance with the applicable code of the Township.
Pursuant to a finding and determination by the Township sheriff, magistrate
or a court of competent jurisdiction, the Township may take the necessary
action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Township.
I.
Dispose of tin cans, plastic containers, ceramic pots or similar
water-holding containers that have accumulated on your property to
reduce mosquito breeding.
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates, and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured byre-glazing of
the window.
C.
If a property is registrable, and the property has become vacant
or blighted, a property manager shall be designated by the mortgagee
and/or owner to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this chapter, and any other applicable laws.
D.
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Township.
E.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure a property subject to this chapter, and post and
maintain the signage noted in this section, is a violation and shall
be subject to enforcement by any of the enforcement means available
to the Township. The Township may take the necessary action to ensure
compliance with this section, and recover costs and expenses in support
thereof.
The provisions of this chapter are cumulative with and in addition
to other available remedies. Nothing contained in this chapter shall
prohibit the Township from collecting on fees, fines, and penalties
in any lawful manner; or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or ordinance.
All registrable property is at risk of being a public nuisance
and if vacant or blighted can constitute 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 Township.
A.
If the Code Enforcement Officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety, and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
or owner, and may bring the violations before the code enforcement,
Township Council or municipal court as soon as possible to address
the conditions of the property. Nothing herein shall limit the Township
from abating any nuisance or unsafe condition by any other legal means
available to it.
B.
The Police Chief, Code Enforcement Officer, Township Council or municipal
court shall have the authority to require the mortgagee or owner affected
by this section, to implement additional maintenance and/or security
measures including, but not limited to, securing any and all doors,
windows or other openings, employment of an on-site security guard
or other measures as may be reasonably required to help prevent further
decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Police Chief, Code Enforcement, Township Council or municipal court
may direct the Township to abate the violations and charge the mortgagee
or owner with the cost of the abatement.
D.
If the mortgagee or owner does not reimburse the Township for the
cost of temporarily securing the property, or of any abatement directed
by the Police Chief, Code Enforcement officer, Township Council or
municipal court, within 30 days of the Township sending the mortgagee
or owner the invoice, then the Township may lien the property with
such cost, along with an administrative fee as determined in the Township's
fee ordinance to recover the administrative personnel services. In
addition to filing a lien the Township may pursue financial penalties
against the mortgagee or owner.
E.
The Township may contract with an entity to implement this chapter,
and, if so, any reference to the Code Enforcement Officer herein shall
include the entity the Township contracts with for that purpose.
Whoever opposes obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this chapter.
Unless otherwise provided for in this chapter, a violation of
this chapter is declared unlawful.
A.
As authorized under P.L. 2021, Chapter 444, C. 40:48-2.12s3 g.(1), if an out-of-state mortgagee that is subject to § 329-5 of this chapter, is found by the municipal court of the municipality in which the property subject to this chapter is located, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to the ordinance shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a mortgagee for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in paragraph.
B.
As authorized in P.L. 2021, Chapter 444, C. 40:48-2.12s3 g.(2), if an out-of-state mortgagee that is subject to § 329-5 of this chapter, is found by the municipal court of the municipality in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by paragraph (a) of this section, 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 of violation, 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.
Registration fees and penalties outlined in this chapter may
be modified by an amendment to this chapter, passed and adopted by
the Council of the Township of Brick.
