[Adopted 11-11-2014 by Ord. No. 14-08]
The creditor filing a summons and complaint in an action to
foreclose shall be responsible for the care, maintenance, security,
and upkeep of the exterior of vacant and abandoned residential property.
A creditor serving a summons and complaint in an action to foreclose
a mortgage on residential property shall, within 10 days of serving
the summons and complaint, notify the Township Clerk of the name and
contact information of the creditor's representative who is responsible
for receiving notices of violations. In the event the creditor is
an out-of-state entity, the notice shall contain the full name and
contact information of an in-state representative and address who
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if it becomes abandoned. The notice
shall include the street address, block and lot number of the property,
the full name and contact information of an individual located within
the State of New Jersey who is authorized to accept service on behalf
of the creditor.
An out-of-state creditor who fails to advise the Township of
an in-state representative in accordance with this article shall be
subject to a fine of $2,500 for each day of a violation. The fine
shall commence on the 11th day following the service of the summons
and complaint.
A violation of this article shall be deemed to have occurred
in the event of two of the following conditions existing:
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.
A creditor who has failed to remedy the violation cited in the
notice issued by the Township shall be subject to a fine of $1,500
for each day of the violation. The fine shall commence on the 31st
day following receipt of the notice of violation or the 11th day in
the event the violation presents an imminent risk and the notice so
advises.
At least 20% of all monies collected pursuant to this article
shall be utilized by the Township for code enforcement purposes.
[Adopted 7-26-2016 by Ord. No. 16-08]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY
A.
Vacant property is defined in this article as any residential
real property that is the primary residential structure on the property
that has been vacant for 30 or more days and meets at least two of
the following criteria:
(1)
Provides a location for loitering, vagrancy, unauthorized entry
or other criminal activity;
(2)
Has one or more broken windows, or two or more windows boarded
up, for more than 30 days;
(3)
Has utilities disconnected or not in use;
(4)
Is not maintained in accordance with Township codes and ordinances,
including, without limitation, New Jersey Residential and Building
Codes, International Property Maintenance Code, and Fire Prevention
Code;
(5)
Has taxes in arrears for a period of time exceeding 365 days;
(6)
Is only partially completed, is not fit for human occupancy
and has no active building permits on the property that will result
in restoration of the premises to a safe and habitable condition;
and/or
(7)
Is in default on a mortgage, has had a lis pendens filed against
it by the lender holding a mortgage on the property, is subject to
an ongoing foreclosure action by the lender, is subject to an application
for a tax deed or pending tax assessors lien sale, or has been transferred
to the lender under a deed in lieu of foreclosure.
B.
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, the foreclosure action has been dismissed, and any default
on the mortgage has been cured.
APPLICABLE CODES
Includes, but not be limited to, the Township's Zoning
Code, the Township's Code of Ordinances (Township Code), and
the New Jersey Building Code.
BORROWER
A borrower under a mortgage, who grants a lien or interest
in residential property as security for the payment of a debt.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township to enforce the applicable
code(s).
FORECLOSURE
The process by which a mortgage is enforced against a parcel
of real property.
LENDER
A person, firm, or corporation holding a mortgage on a property.
MORTGAGE
A recorded lien or interest in real property to secure payment
of a loan.
OWNER
A.
An individual, partnership, association, corporation, company,
titleholder, fiduciary or their legal entity having a legal equitable
title or any interest in any real property. Shall include the title
holder, any agent of the title holder having authority to act with
respect to a vacant and/or abandoned property, any foreclosing entity
that has filed a notice with the Municipal Clerk pursuant to the provisions
of N.J.S.A. 46:10B-51, or any other entity determined by the Township
of Pilesgrove to have authority to act with respect to the property.
B.
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
An owner, agent, local property manager, property maintenance
company or similar entity responsible for the maintenance of abandoned
real property.
SAFETY AND MAINTENANCE INSPECTION
A visual inspection to check compliance with requirements
as set forth in the International Property Maintenance Code, for sanitary
maintenance, lifesafety, and other hazards and code violations. Such
inspections will be done in accordance with a checklist maintained
by the Township Construction Office.
STRUCTURE
Anything constructed or erected the use of which requires
location on or attachment to the ground and includes buildings.
VACANT PROPERTY
An unimproved lot or parcel of real property that is not
currently used or occupied and an improved lot or parcel of real property
with at least one building or structure that is not currently used
or occupied. The registration requirements are not intended to apply
to parcels of property in their nature state and not subject to development
approvals; however, any other property maintenance standards shall
otherwise apply.
Should any section, clause, sentence, phrase or provision of
this article be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this article.
All prior ordinances or parts of ordinances inconsistent with
this article are hereby repealed to the extent of such inconsistencies.
This article shall take effect immediately upon final passage
and publication in accordance with law.