The purpose of this article is for the Township of Manchester
to regulate the care, maintenance, security and upkeep of the exterior
of vacant or abandoned residential properties on which a summons and
complaint in a foreclosure action has been filed.
For the purposes of this article, "vacant and abandoned" residential
property means residential real estate with respect to which the mortgagee
proves, by clear and convincing evidence, that the mortgaged real
estate is vacant and has been abandoned. Real property shall be deemed
"vacant and abandoned" if the court finds that the mortgaged property
is not occupied by a mortgagor or tenant as evidenced by a lease agreement
entered into prior to the service of a notice of intention to commence
foreclosure according to Section 4 of the Fair Foreclosure Act, P.L.
1995, c. 244 (N.J.S.A. 2A:50-56), and at least two of the following
conditions exist:
A. Overgrown or neglected vegetation;
B. The accumulation of newspapers, circulars, flyers or mail on the
property;
C. Disconnected gas, electric or water utility services to the property;
D. The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
E. The accumulation of junk, litter, trash or debris on the property;
F. The absence of window treatments such as blinds, curtains or shutters;
G. The absence of furnishings and personal items;
H. Statements of neighbors, delivery persons or government employees
indicating that the residence is vacant and abandoned;
I. Windows or entrances to the property that are boarded up or closed
off or multiple window panes that are damaged, broken and unrepaired;
J. Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
K. A risk to the health, safety or welfare of the public, or any adjoining
or adjacent property owners, exists due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
L. 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;
M. 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;
N. A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
O. Any other reasonable indicia of abandonment.
For the purposes of this article, a residential property shall
not be considered "vacant and abandoned" if, on the property:
A. There is an unoccupied building which is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations, and statutes;
B. There is a building occupied on a seasonal basis, but otherwise secure;
or
C. There is a building that is secure, but is the subject of a probate
action, action to quiet title, or other ownership dispute.
In addition to the residential mortgage foreclosure procedures
set out in the Fair Foreclosure Act, P.L. 1995, c. 244 (N.J.S.A. 2A:50-53
et seq.), a summary action to foreclose a mortgage debt secured by
residential property that is vacant and abandoned may be brought by
a lender in the Superior Court. In addition, a lender may, at any
time after filing a foreclosure action, file with the court, in accordance
with the rules governing the courts of the State of New Jersey, an
application to proceed in a summary manner because the residential
property that is the subject of the foreclosure action is believed
to be "vacant and abandoned"; provided, however, that this section
shall not apply to a foreclosure of a timeshare interest secured by
a mortgage.
Any creditor serving a summons and complaint in an action to
foreclose on a mortgage on residential property in the Township of
Manchester shall within 10 days of the service of the summons and
complaint of foreclosure notify the Municipal Clerk. The notice shall
contain the name and contact information for the representative of
the creditor who is responsible for receiving complaints of property
maintenance and code violations. If the creditor is located out of
state, the notice shall also contain the full name and contact information
of the in-state representative or agent who is responsible for the
care, maintenance, security and upkeep of the exterior of the property
if it becomes vacant or abandoned.
Nothing in this article shall be construed to affect the rights
of a tenant to possession of a leasehold interest under the Anti-Eviction
Act, P.L. 1974, c. 49 (N.J.S.A. 2A:50-69 et seq.), or any other applicable law.
[Added 2-8-2016 by Ord.
No. 16-001]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
OWNER
Shall mean and include the title holder, any agent of the
title holder having authority to act with respect to a vacant property,
any foreclosing entity subject to the provisions N.J.S.A. 46:10B-51
(P.L. 2008, c. 127, § 17, as amended by P.L. 2009, c. 296),
or any other entity determined by the Township of Manchester to have
authority to act with respect to the property.
VACANT/ABANDONED PROPERTY
Any building used or to be used as a residence, commercial
or industrial structure which is not legally occupied or at which
substantially all lawful construction operations or residential occupancy
has ceased, and which is in such condition that it cannot legally
be reoccupied without repair or rehabilitation, including but not
limited to any property meeting the definition of "abandoned property"
in N.J.S.A. 55:19-80 et seq.; provided, however, that any property
where all building systems are in working order, where the building
and grounds are maintained in good order, or where the building is
in habitable condition, and where the building is being actively marketed
by its owner for sale or rental, shall not be deemed a vacant property
for purposes of this section.
B. Registration requirements. Effective March 2, 2016, the owner of
any vacant and abandoned property as defined herein shall, within
30 calendar days after the building becomes vacant and abandoned property
or within 30 calendar days after assuming ownership of the vacant
and abandoned property, whichever is later, or within 10 calendar
days of receipt of notice by the municipality, file a registration
statement for such vacant and abandoned property with the Code Enforcement
Officer on forms provided by the Township for such purposes. Failure
to receive notice by the municipality shall not constitute grounds
for failing to register the property.
[Amended 3-26-2018 by Ord. No. 18-008; 9-27-2021 by Ord. No. 21-35]
(1) Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
(2) The registration statement shall include the name, street address,
telephone number and e-mail address (if applicable) of a person 21
years or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceedings
on behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number
and e-mail (if applicable) of the firm and the actual name(s) of the
firm's individual principal(s) responsible for maintaining the property.
The individual or representative of the firm responsible for maintaining
the property shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis. The two entities may be the same or different
persons. Both entities shown on the statement must maintain offices
in the State of New Jersey or reside within the State of New Jersey.
(3) The registration shall remain valid until December 31 of the year in which the application is made. The owner shall be required to renew the registration annually in the month of January. Deadline for registration renewal shall be January 31 as long as the building remains a vacant and abandoned property, and shall pay a registration or renewal fee in the amount prescribed in Subsection
E of this section for each vacant and abandoned property registered.
(4) The owner shall notify the Code Enforcement Officer within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Code Enforcement
Officer for such purpose.
(5) Upon the transfer of title, as evidenced by a deed and/or CD/ALTA.
Or upon a change of occupancy status, as evidenced by a lease, the
owner/agent or the property registered with the Township shall be
required to submit a completed de-registration form, provided by the
Code Enforcement Officer, with all proofs requested therein. The property
will not be removed from the vacant and abandoned property registry
without the completed form and required documentation set forth in
this subsection.
(6) The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township against the owner or
owners of the building.
C. Access to vacant properties. The owner of any vacant property registered
under this section shall provide access to the Township to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
or the designated agent. Such inspections shall be carried out on
weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such other
time as may be mutually agreed upon between the owner and the Township.
D. Responsible owner or agent.
(1) An owner who meets the requirements of this section with respect
to the location of his or her property or workplace in the State of
New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
(2) By designating an authorized agent under the provisions of this section
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by service of the
notice of process on the authorized agent. Any owner who has designated
an authorized agent under the provisions of this section shall be
deemed to consent to the continuation of the agent's designation for
the purposes of this section until the owner files a new annual registration
statement.
(3) Any owner who fails to register vacant/abandoned property under the
provisions of this section shall further be deemed to consent to receive,
by posting on the building, in plain view, and by service of notice
at the last known address of the owner of the property on record within
the Township by regular and certified mail, any and all notices of
code violations and all process in an administrative proceeding brought
to enforce code provisions concerning the building.
E. Fee schedule. The initial registration fee for each property upon
the 2016 adoption of these provisions shall be $750 if registration
is applicable and property qualifies before July 1, 2016. If the property
meets the required registration criteria after July 1, 2016, then
the fee shall be $500 From January 1, 2017, forward, the initial registration
fee hereinafter shall be $1,000 for the first year, which initial
registration shall be prorated to $500 if qualified after July 1 of
the first year. The fee for the first renewal is $2,000 and the fee
for the second renewal and all subsequent renewals is $3,000.
Registration
|
Fee
|
---|
Initial registration
|
$750 ($1,000 January 1, 2017, forward)
|
First renewal
|
$2,000
|
Second renewal/subsequent renewal
|
$3,000
|
F. Requirements of owners of vacant properties. The owner of any building
that has become vacant/abandoned property, and any person maintaining
or operating or collecting rent for any such building that has become
vacant, shall, within 30 days thereof:
(1) Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code or as set forth
in the rules and regulations supplementing those codes; and
(2) Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent for
the purpose of service of process, and the person responsible for
day-to-day supervision and management of the building, if such person
is different from the owner holding title or authorized agent. The
sign shall be of a size and placed in such a location so as to be
legible from the nearest public street or sidewalk, whichever is nearer,
but shall be no smaller than eight inches by 10 inches; and
(3) Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
(4) Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from trash, debris, loose litter, and grass and weed growth;
and
(5) Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied
or demolished or until repair and/or rehabilitation of the building
is complete.
G. Violations and penalties.
(1) Any person who violates any provision of this section or the rules
and regulations issued hereunder shall be fined no less than $100
and not more than $2,500 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this chapter shall be recoverable from the owner and
shall be a lien on the property.
(2) For purposes of this section, failure to file a registration statement
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days of receipt of notice
by the municipality and failure to provide correct information on
the registration statement, or failure to comply with the provision
of such provisions contained herein shall be deemed to be violations
of this section.
(3) The provisions of this section shall be enforced by Township enforcing
officials, including but not limited to the Code Enforcement Office.