[Adopted 6-11-2015 by Ord. No. 2015-12]
Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made prior to 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 residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer, as defined in Chapter
311, pursuant to the provisions of this article, Chapter
311 of this Code, pursuant to the provisions of N.J.S.A. 2A:50-73, or otherwise.
If the public officer, or other authorized Borough official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this article or Chapter
311 of this Code, the public officer or other authorized Borough 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. If the violation presents an imminent threat to public health and safety, then remedial action must be completed within 10 days of receipt of notice. The issuance of this notice shall constitute (prima facie) evidence that a property is vacant and abandoned for purposes of N.J.S.A. 2A:50-73.
An out-of-state creditor found by a court of competent jurisdiction to have violated Paragraph (1) of N.J.S.A. 46:10B-51 shall be subject to a fine of $2,500 for each day of the violation, commencing on the day after the ten-day period set forth in Paragraph (1) of N.J.S.A. 46:10B-51 and §
313-1 of this Code with respect to notifying the Borough Clerk that an action to foreclose on the property has been filed.
Notice of violations of property maintenance, building or other property codes for any property declared vacant and abandoned pursuant to this article shall be given to a foreclosing creditor pursuant to the procedures of §
313-3 of this Code as required by P.L. 2014, c. 35.
All sections hereof arising from or citing a specific statutory
reference shall be deemed as automatically adopting any amendment
to such statute(s) as may be consistent with the Borough's purposes
in enacting this article.
If any provision or portion of a provision of this article is
held to be unconstitutional, preempted by federal or state law, or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the article shall not be invalidated. All prior ordinances
or parts of ordinances which are inconsistent with any provisions
of this ordinance are hereby repealed as to the extent of such inconsistencies.
This article shall take effect following adoption and publication
in accordance with the laws of the State of New Jersey.
Nothing contained in this article shall be interpreted to waive,
limit or interfere with any other or additional rights the Borough
or private individual may have or acquire, with regard to the condemnation,
remediation, injunctive relief, damages and fees, from other regulations,
statutes, common law or ordinances concerning remedial or enforcement
actions against properties (their owners, occupiers and interest holders)
which are abandoned, vacant, a public nuisance or constitute some
threat or impediment to the public's interest, health or safety.