[Adopted 4-9-2015 by Ord.
No. 3-15]
A.
Any creditor, individual or entity filing a summons and compliant
in an action to foreclose on any real property within the Borough
of Upper Saddle River shall be responsible for the care, maintenance,
security and upkeep of the exterior of the property, if vacant and/or
abandoned. If said creditor, individual or entity is located outside
of the State of New Jersey, said creditor, individual or entity shall
be required to appoint an agent or representative within the State
of New Jersey to act on behalf of the creditor, individual or entity,
providing the Borough of Upper Saddle River with the full name and
contact information of the agent or representative within the State
of New Jersey at the time the creditor, individual or entity provides
the notice to the Borough required by N.J.S.A. 46:10B-51.
B.
Either the Zoning Officer or the Construction Code Official of the
Borough of Upper Saddle River shall be authorized to issue a notice
to the creditor, individual or entity filing a foreclosure action
if it is determined that the creditor, individual or entity has failed
to provide for the care, maintenance, security and upkeep of the exterior
of any vacant and abandoned property. Said notice shall require the
creditor, individual or entity to correct any 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 a notice pursuant to this subsection shall
constitute proof that a property is vacant and abandoned for the purposes
of N.J.S.A. 2A:50-73.
C.
An out-of-state creditor found by the Municipal Court entrusted with the responsibility of adjudicating violations of the within article or any other Court of competent jurisdiction to be in violation of the requirement to appoint an in-state representative or agent pursuant to this article shall be subject to a fine of $2,500 for each day of any violation of this article. Any fines imposed on a creditor for failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in paragraph (1) of Subsection a. of Section 17 of P.L. 2008, Chapter 127 (N.J.S.A. 46:10B-51) for providing notice to the Borough Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
D.
A creditor, individual or agent found by the Municipal Court having
the responsibility of adjudicating violations of this article to have
violated the requirement to correct, care for, maintain, secure or
upkeep property which is subject to this article shall be subject
to a fine of $1,500 for each day of the violation. Any fines imposed
pursuant to this subsection shall commence thirty-one (31) days following
receipt of the notice, except if the violation presents an imminent
risk to public health and safety, in which case any fines shall commence
eleven (11) days following receipt of the notice.
E.
For purposes of this article, failure to maintain, care for or secure
vacant or abandoned property shall include the following:
(1)
Overgrown or neglected vegetation.
(2)
The accumulation of newspapers, circulars, flyers, mail or other
paper on the property.
(3)
Disconnected gas, electric or water utility services to the property.
(4)
The accumulation of hazardous, noxious or unhealthy substances or
materials on the property.
(5)
The absence of window treatments such as blinds, curtains or shutters.
(6)
Windows or entrances to the property that are boarded up, closed
off, damaged, broken and/or unrepaired.
(7)
Doors that are broken, unhinged or continuously unlocked.
(8)
Any violation of any applicable building, housing or similar Code.
(9)
Any condition evidencing a risk to the health, safety or welfare
of any adjoining property due to acts of vandalism, loitering, criminal
conduct.
(10)
Any physical destruction or deterioration of the exterior of
the structure.
