[1]
Editor's Note: See also Ch. 255, Land Development, Art. IX, Abandoned Properties.
As used in this article, the following terms shall have the meanings indicated:
CREDITOR
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.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
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:
A. 
Overgrown or neglected vegetation;
B. 
The accumulation of newspapers, circulars, flyers or mail on the property;
C. 
Disconnected gas, electric, or water utility services to the property;
D. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
E. 
The accumulation of junk, litter, trash or debris on the property;
F. 
The absence of window treatments such as blinds, curtains or shutters;
G. 
The absence of furnishings and personal items;
H. 
Statements of neighbors, delivery persons, or government employees indicating that the residence is vacant and abandoned;
I. 
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
J. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
K. 
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;
L. 
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;
M. 
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;
N. 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property; and
O. 
Any other reasonable indicia of abandonment.
[1]
Editor's Note: See N.J.S.A. 46:10B-38.
[2]
Editor's Note: See N.J.S.A. 17:11C-51 et seq.
[3]
Editor's Note: See N.J.S.A. 40:48-2.12s.
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.
B. 
The notice referenced in Subsection A of this section shall require the creditor to correct the violation(s) 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.
C. 
The issuance of a notice pursuant to Subsection A of this section shall constitute proof that a residential property is vacant and abandoned for the purposes of this article.
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.