[Added 12-17-2014 by Ord.
No. 18-2014]
For purposes of Article VII of this chapter, the "public officer" shall be the Director of the Department of Community Development and/or his designees.
[Amended 8-3-2022 by Ord. No. 18-2022]
A.
A creditor
as defined under N.J.S.A. 40:48-2.12s(2)(d) and/or N.J.S.A. 40:48-2.12s(3)(i)
and filing a summons and complaint in an action to foreclose upon
a property that is vacant and abandoned, whether the filing of the
summons and complaint is made before or after the determination that
the property is vacant and abandoned, shall be responsible for the
care, maintenance, security and upkeep of the exterior of the property.
This obligation applies whether the determination that the property
is vacant and abandoned is made by the public officer pursuant to
the provisions of this article, pursuant to the provisions of N.J.S.A.
2A:50-73, or otherwise.
B.
A creditor
filing a summons and complaint in an action to foreclose on any property
located within the Township shall register the subject property with
the Township’s property registration system as a property in
foreclosure by filing a registration statement with the Director of
Community Development on the forms provided for such purposes. In
connection with registering the property to be foreclosed upon, pursuant
to N.J.S.A. 46:10B-51, the creditor shall submit a written notice
to the Director of Community Development that a summons and complaint
has been filed against the property. The notice shall include the
street address, lot and block number of the subject property, the
date the summons and foreclosure complaint were filed, the court in
which the action was filed, the docket number, and whether the property
is vacant and abandoned. The notice must also contain the full name,
address and telephone number of the lender who is responsible for
receiving complaints concerning property maintenance and code violations;
and the full name and contact information for any person or entity
retained by the lender to be responsible for any care, maintenance,
upkeep and security for the property.
C.
If there
is any change in name, address or telephone number for a representative
agent, or individual authorized to accept service on behalf of a creditor
required to be provided in a notice pursuant to this article following
the filing of the summons and complaint, the creditor shall provide
notice the Director of Community Development as soon as possible,
but no later than 10 days from the date of any change in such information.
D.
Any lender
or creditor that has initiated a commercial foreclosure proceeding
to foreclose upon property located within the Township must provide
the Director of Community Development with a list of all commercial
properties in the Township for which the lender has foreclosure actions
pending.
E.
If the property subject to the foreclosure action is vacant and abandoned property at the time the summons and complaint are filed, the creditor filing a summons and complaint shall register the property with the Township pursuant to Article XIV of this chapter. If the property subject to the foreclosure proceedings becomes vacant and abandoned during the pendency of the action, the creditor filing the summons and complaint shall be responsible for updating the Township’s property registry to reflect the change in status of the subject property.
F.
If the property subject to the foreclosure action is vacant and abandoned or becomes vacant and abandoned during the pendency of the action, the creditor who filed the foreclosure action shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the Township’s property registration program. In addition to the responsibilities set forth in Article V of this chapter, the creditor’s minimum responsibilities under this section shall also include, but are not limited to, securing the property against unauthorized entry, posting a sign affixed to the inside of the property that is visible to the public indicating the name, address and telephone number of the creditor or an out-of-state creditor’s in-state representative or agent for the purpose of receiving process, and acquiring and otherwise maintaining liability insurance by procuring a vacancy policy covering any damage to any person or any property caused by any physical condition on the property while registered with the property registration program.
G.
Any creditor required to register a property under this section shall pay an initial registration fee of $500 per property and $500 for each subsequent year the foreclosure action is pending. If the property is vacant and abandoned as defined by § 145-3 when the action to foreclose is filed or becomes vacant and abandoned at any time thereafter while the foreclosure action is pending, there shall be an additional registration fee of $2,000 per property. The creditor shall thereafter pay an annual vacant and abandoned registration fee of $2,000 during the pendency of the foreclosure.
A.
If the public officer, or other authorized municipal official, determines
that a creditor obligated to care, maintain, secure, and upkeep a
vacant and abandoned property has failed to do so in violation of
the provisions of this article, the public officer or other authorized
municipal official, shall issue a notice of violation to the creditor
that has filed a summons and complaint to foreclose on the property
in question. The notice shall require the person or entity to correct
the 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 this notice shall
constitute proof that a property is "vacant and abandoned" for purposes
of Section N.J.S.A. 2A:50-73 of the Fair Foreclosure Act.
B.
A creditor subject to this article found by a court of competent
jurisdiction to be in violation of the requirement to correct a care,
maintenance, security or upkeep violation cited in a notice issued
pursuant to this subsection shall be subject to a fine of $1,500 for
each day that the violation continues. Such fine shall commence 31
days following the creditor's receipt of the notice, except if the
violation presents an imminent risk to public health and safety, in
which case any fine shall commence 11 days following the creditor's
receipt of the notice.
C.
If the
Township expends public funds in order to abate a nuisance or correct
a violation on a commercial property in situations in which the creditor
was given notice pursuant to this section, but failed to abate the
nuisance or correct the violation as directed, the Township shall
have the same recourse against the creditor as it would against a
title owner of the property, including but not limited to the recourse
provided under N.J.S.A. 55:19-100.
[Added 8-3-2022 by Ord. No. 18-2022]
[Amended 8-3-2022 by Ord. No. 18-2022]
In the event the creditor that has filed a summons and complaint in an action to foreclose on a commercial property is located out-of-state, the notice required by § 145-17 shall also contain the full name, address and telephone number of an in-state representative or agent who shall be responsible for the care, maintenance, security and upkeep of the exterior of the property in the event the property becomes vacant and abandoned. An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500 for each day of the violation commencing on the 11th day after the foreclosure complaint is served, as set forth in N.J.S.A. 46:10B-51.
