[Adopted 5-13-2015 by Ord. No. 2015-05; amended in its entirety 12-22-2021 by Ord. No. 2021-20]
A.Â
N.J.S.A. 40:48-2 provides in relevant part that a municipality may
make and enforce such ordinances, rules and regulations not contrary
to the laws of this state or of the United States as it may deem necessary
and proper for the good government, order and protection of persons
and property, and for the preservation of the public health, safety
and welfare of the municipality and its inhabitants.
B.Â
N.J.S.A. 46:10B-51(a) provides in relevant part that a creditor serving
a summons and complaint in an action to foreclose on a mortgage on
residential property in this state shall within 10 days of serving
the summons and complaint notify the municipal clerk of the municipality
in which the property is located that a summons and complaint in an
action to foreclose on a mortgage has been filed against the subject
property. 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. The notice
may contain information about more than one property, and shall be
provided by mail or electronic communication, at the discretion of
the municipal clerk. The notice shall also include the street address,
lot and block number of the property and the full name and contact
information of an individual located within the state who is authorized
to accept service on behalf of the creditor.
C.Â
N.J.S.A. 46:10B-51(b) provides in relevant part that if the owner
of a residential property vacates or abandons any property on which
a foreclosure proceeding has been initiated or if a residential property
becomes vacant at any point subsequent to the creditor's filing the
summons and complaint in an action to foreclose on a mortgage against
the subject property, but prior to vesting of title in the creditor
or any other third party, and the property is found to be a nuisance
or in violation of any applicable state or local code, the appropriate
local municipal official shall notify the creditor of the nuisance
or violation. The creditor shall have the responsibility to abate
the nuisance or correct the violation in the same manner and to the
same extent as the title owner of the property, to such standard or
specification as may be required by state law or municipal ordinance.
D.Â
N.J.S.A. 46:10B-51(c) provides in relevant part that if the municipality
expends public funds in order to abate a nuisance or correct a violation
on a residential property in situations where the creditor was given
notice pursuant to the aforesaid statute but failed to abate the nuisance
or correct the violation as directed, the municipality shall have
the same recourse against the creditor as it would have against the
title owner of the property including, but not limited to, the recourse
provided under N.J.S.A. 55:19-100.
E.Â
N.J.S.A. 46:10B-51.1 provides in relevant part that the owner of
any non-owner-occupied residential property who takes title to the
property as the result of a sheriff's sale or deed in lieu of foreclosure,
other than an owner who has previously provided notice to the municipality
pursuant to N.J.S.A. 46:10B-51, shall provide notice, within 10 business
days, to the municipal clerk of the municipality wherein the property
is located providing the name and address of the owner. If the owner
is not located within New Jersey, then the owner shall designate an
agent within New Jersey, including the agent's address, who is authorized
to accept service of process on behalf of the property owner.
F.Â
N.J.S.A. 55:19-100 provides in relevant part that with respect to
any lien placed against any real property pursuant to the provisions
of N.J.S.A. 40:48-2.3 or N.J.S.A. 40:48-2.3a or N.J.S.A. 40:48-2.5
or any receiver's lien pursuant to N.J.S.A. 2A:42-114 et seq., the
municipality shall have recourse with respect to the lien against
any asset of the owner of the property if an individual, against any
asset of any partner if a partnership, and against any asset of any
owner of a 10% interest or greater if the owner is any other business
organization entity recognized pursuant to law.
A.Â
The governing body of the municipality finds and declares that residential
properties with pending foreclosure proceedings typically become vacant.
These vacant properties, if not maintained, rapidly become eyesores
with unkempt lawns and overgrown vegetation, broken doors and windows,
and deteriorating structures. These properties create a wide range
of negative secondary effects in the neighborhoods where they are
located in that they foster criminal activity, create public health
problems, and otherwise diminish the quality of life for residents
and business operators located in those areas.
B.Â
The governing body of the municipality finds and declares that residential
properties with pending foreclosure proceedings which have become
vacant typically are not maintained by the creditor who has filed
the foreclosure proceedings. These vacant properties deteriorate by
neglect and diminish property values of neighboring properties, increase
the risk of property damage through arson and vandalism, and discourage
neighborhood stability and revitalization.
C.Â
The governing body of the municipality finds and declares that there
are vacant residential properties located within the community that
constitute a nuisance which require the abatement or removal of the
nuisance by summary proceedings. Where a creditor has filed a summons
and complaint for the foreclosure of a mortgage on a residential property
that is vacant, the creditor is responsible for the abatement or removal
of the nuisance.
D.Â
The governing body of the municipality finds and declares that there
are vacant residential properties located within the community that
have violations of the Property Maintenance Code which require affirmative
action to correct the violation to protect the public health, safety
and welfare. Where a creditor has filed a summons and complaint for
the foreclosure of a mortgage on a residential property that is vacant,
the creditor is responsible for the correction of the violation of
the Property Maintenance Code.
E.Â
It is the purpose and intent of these regulations to require the
registration of residential properties where a creditor has filed
a summons and complaint for the foreclosure of a mortgage on the property
so that the municipality can identify these properties, inspect the
structures, monitor the condition of the properties, insure that the
properties are maintained, and have a data base of information to
contact and provide legal notice to the creditor.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended. Any words not defined herein shall have the meaning
given in Webster's Unabridged Dictionary.
A state-charted bank, savings bank, savings and loan association
or credit union, any person required to be licensed under the provisions
of the New Jersey Licensed Lenders Act, N.J.S.A. 17:11C-1 et seq.,
and any entity acting on behalf of the creditor named in the debt
obligations, including, but not limited to, servicers.
Grandfather, grandmother, father, mother, son, daughter,
grandson, granddaughter, brother, sister, uncle or aunt.
All real properties used, designated, or zoned as a residential
property or residential dwelling.
Any building used, or to be used, which is not legally occupied
or at which substantially all lawful construction, operation, or occupancy
has ceased; provided, however, that any property that contains all
building systems in working order, is fully compliant with property
maintenance codes, and is being actively marketed by its owner for
sale or rental shall not be deemed vacant. Property determined to
be "abandoned property" in accordance with the meaning of such term
in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78
et seq., shall also be deemed to be vacant property for the purposes
of this article.
The Property Maintenance Code of the municipality is hereby
made applicable to all residential properties where a creditor has
filed a summons and complaint for the foreclosure of a mortgage, or
has already obtained a judgment of foreclosure.
A.Â
A creditor filing a summons and complaint to foreclose a mortgage
on a residential property within the municipality, or any creditor
that has obtained a judgment of foreclosure, must register the dwelling
with the municipality through the Lindenwold Construction Office within
10 days from the date when the complaint was filed with the court,
or within 10 days of the enactment of this article, in the event a
judgment has already been entered by the court.
B.Â
The registration form shall include 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. The registration form shall be accompanied by a registration fee as listed in the Borough Fee Schedule, Chapter 150, § 150-49, for each dwelling. There shall be no proration of fees paid during the course of the year. Registration forms shall be available at the Lindenwold Construction Office. Registrants shall mail the completed and executed form to the Lindenwold Construction Office along with a check made payable to the municipality. A registration form is required for each house, townhouse, condominium, or duplex that is the subject of a foreclosure action. Registration and payment of the fee under this article shall fulfill the owner's obligations under Chapter 238, Article III, of the Lindenwold Code.
C.Â
The registration fee covers the cost of administering the program and up to two inspections of the residential dwelling. Thereafter, an inspection fee as listed in the Borough Fee Schedule, Chapter 150, § 150-49D, shall apply to subsequent inspections during the year. One of the purposes for the initial inspection is to establish a baseline condition for the subject property.
D.Â
Property registration shall be renewed every 12 months. The renewal
form shall be due on the anniversary date following the original registration
date. Failure to register a property on a timely basis shall result
in the assessment of civil penalties. It shall be the responsibility
of the registrant to notify the Lindenwold Construction Office in
writing whenever there is a change in the contact information of the
registrant.
A.Â
The homeowner in possession of the subject property is the responsible
party for the upkeep of the property.
B.Â
If a residential property becomes vacant at any point subsequent
to the filing of the summons and complaint but prior to vesting of
the title in the creditor, the creditor is the responsible party for
the upkeep of the property. The creditor shall be responsible for
the care, maintenance, security, and upkeep of the exterior and interior
of the vacant property.
C.Â
If in the event a creditor is not located in the State of New Jersey,
the creditor must appoint an in-state representative or agent to act
for the foreclosing creditor. An out-of-state creditor shall provide
the Borough of Lindenwold with the full name, and contact information,
including address, telephone number, cell phone number, email and
email address, of the in-state representative of the foreclosing creditor.
The in-state representative/agent information shall be provided to
the Lindenwold Construction Office within 30 days of the filing of
a summons and complaint in a foreclosure action, or within 10 days
of the date of the enactment of this article in the event a foreclosure
judgment has already been obtained by the creditor.
Once a home is registered, the Lindenwold Construction Office shall send an inspector to the property to determine whether there are any violations of the Property Maintenance Code. After the inspection, a letter shall be sent to the responsible party indicting what problems must be remedied. The letter shall state the time period for the completion of the work. A reinspection of the property shall take place at the end of that time period to determine whether compliance has occurred. A vacant property, as defined in this article, shall be subject to additional inspections by the Lindenwold Construction Office, which shall occur at least once per year, at the discretion of the Construction Official. The charge for any such reinspection shall be listed in Chapter 150, § 150-49D.
A.Â
It shall be unlawful for any person to be in conflict with, or in
violation of, any of the provisions of this article, or the Municipal
Property Maintenance Code.
B.Â
The Construction Office of the Borough of Lindenwold shall issue
a notice of any violation pursuant to this article, or any violation
of the Lindenwold Property Maintenance Code under the same procedures
as set forth in the Municipal Property Maintenance Code. If the creditor
has violated this article, or the Property Maintenance Code, by failing
to provide for the care, maintenance, security, and upkeep of the
exterior or interior of the property, or any other violation of the
property code, the creditor shall be permitted 30 days from their
receipt of the notice to correct the violation, or within 10 days
of receipt of the notice if the violation presents an imminent threat
to public health and safety.
If the municipality expends public funds in order to abate a
nuisance or correct a violation of the Property Maintenance Code on
a residential property in situations in which the creditor was given
notice pursuant to this article, but failed to abate the nuisance
or correct the violations as directed, the municipality shall have
the same recourse against the creditor as it would have against the
title owner of the property. The municipality may assess a lien against
the subject property for the moneys expended by the municipality.
The lien may be enforced and collected in the same manner as real
estate taxes are enforced and collected.