As used in this article, the following terms shall have the
meanings indicated:
Consistent with Section 3 of P.L. 2008, c. 86,[1] a state-chartered bank, savings bank, savings and loan
association or any credit union, any person required to be licensed
under the provisions of the New Jersey Residential Mortgage Lending
Act,[2] and any entity acting on behalf of the creditor named
in the debt obligation, including but not limited to servicers.
Consistent with Section 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73), residential real estate for which a notice of violation has been issued pursuant to § 319-6 of this article and Subsection b of Section 1 of P.L. 2014, c. 35.[3] Residential property shall further be deemed "vacant and
abandoned" where a mortgaged property is not occupied by a mortgagor
or tenant and at least two of the following conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
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;
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;
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;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
Any other reasonable indicia of abandonment.
A.
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Township shall be immediately
responsible for the care, maintenance, security, and upkeep of the
exterior of the property, after the property becomes vacant and abandoned
as defined in this article.
B.
Where a creditor is located out of state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsection A of this section. Notice of said representative or agent shall be provided to the Township Clerk in a manner that is consistent with Subsection a of Section 17 of P.L. 2008, c. 127 (the Save New Jersey Homes Act of 2008),[1] and shall further include the full name and contact information
of the in-state representative or agent.
[1]
Editor's Note: See N.J.S.A. 46:10B-51.
A.
Any public officer designated by the Township or authorized municipal official responsible for the administration of any property maintenance or public nuisance code shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township, if the public officer determines that the creditor has violated this article by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to § 319-5 of this article and the Save New Jersey Homes Act of 2008.
A.
A creditor subject to this article that is found by the Municipal
Court of the Township, or by any other 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 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 31 days following the creditor's receipt of the notice, except
where the violation is deemed to present an imminent risk to the public
health and safety, in which case any fines shall commence 11 days
following receipt of the notice.
B.
An out-of-state creditor subject to this article that is found by
the Municipal Court of the Township, or by any other court of competent
jurisdiction, to be in violation of the requirement to appoint an
in-state representative or agent shall be subject to a fine of $2,500
for each day of the violation. Any fines imposed on an out-of-state
creditor for the 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, c. 127
(N.J.S.A. 46:10B-51), for providing notice to the Municipal Clerk
that a summons and complaint in an action to foreclose on a mortgage
has been served.
C.
No less than 20% of any money collected by the Township pursuant
to this section shall be utilized by the Township for municipal code
enforcement purposes.
