[Adopted 7-20-2015 by Ord. No. 10-2015[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
II, Vacant, Abandoned and Foreclosed Properties, adopted 8-18-2014
by Ord. No. 11-2014.
[Amended 8-15-2022 by Ord. No. 8-2022]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. All words, terms,
and phrases used within this article shall be defined and interpreted
consistent with their meanings as outlined within P.L. 2021, c. 444
as may be amended from time to time.
Any real property located in the Township, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending tax assessors lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned" shall remain in place
until such time as the property is sold or transferred to a new owner,
the foreclosure action has been dismissed, and any default on the
mortgage has been cured.
A property that is accessible through a comprised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Includes, but is not limited to, the Township's Zoning Code,
the Township's Code of Ordinances ("Township Code"), and the New Jersey
Building Code, International Property Maintenance Code and Fire Prevention
Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Township
Code; or
Properties that have utilities disconnected or not in use; or
Properties if only partially completed, not fit for human occupancy
and have no active building permits on the property that will result
in restoration of the premises to a safe and habitable condition;
or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lacks maintenance
as required by the Township and Zoning Codes.
A borrower under a mortgage who grants a lien or interest
in property as security for the payment of a debt.
A state-chartered bank, savings bank, savings and loan association
or credit union, any person required to be licensed under the provisions
of the Jersey Residential Mortgage Lending sections 1 through 21 39
of P.L. 2009, c. 53 (C.17:11C-51 through C.17:11C-89), and any entity,
agent, or assignee acting on behalf of the creditor named in the debt
obligation including, but not limited to, servicers, who has filed
a complaint in the Superior Court seeking to foreclose upon a residential
or commercial mortgage. A creditor shall not include the state, a
political subdivision of the state, or a state, county, or local government
entity, or their agent or assignee, such as the servicer.
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector, or
other person authorized by the Township to enforce the applicable
code(s).
The process by which a mortgage is enforced against a parcel
of real property.
A person, firm, or corporation holding a mortgage on a property.
A recorded lien or interest in real property to secure payment
of a loan.
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
A person, firm or corporation or other legal entity that
has foreclosed a mortgage on a property but may not have legal or
equitable title.
A visual inspection to check compliance with requirements
as set forth in the International Property Maintenance Code, for sanitary
maintenance, life safety, and other hazards and code violations. Such
inspections will be done in accordance with a checklist maintained
by the Township Construction Office.
The property is not legally occupied by a mortgagor or tenant;
and
The property is not legally reoccupied, because of at least
two of the following conditions:
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 property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes 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 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
An unimproved lot or parcel of real property that is not
currently used or occupied and an improved lot or parcel of real property
with at least one building or structure that is not currently used
or occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Township above and beyond any other
state, county or local provisions for same.
[Amended 8-15-2022 by Ord. No. 8-2022]
Pursuant to the provisions of § 520-7, the Township or designee shall participate in the county-wide registration program established by Gloucester County and administered by Community Champions Corporation cataloging each abandoned property within the Township, containing the information required by this article.
A.
The Township of Greenwich shall create and maintain a registry of
all commercial and/or residential properties within its municipal
boundary for which a summons and complaint in an action to foreclose
has been filed with the New Jersey Superior Court, pursuant to its
authority granted by P.L. 2021, c. 444. This registry will be formed
and maintained to assist the Township with regulating the maintenance,
security, and upkeep of properties which may become vacant and abandoned
during the foreclosure process, in order to prevent the deleterious
effects of blight associated with vacant and abandoned properties
that are not maintained.
B.
The Township of Greenwich may, at its discretion, create, maintain
and administer this registry independently, retain the professional
services of a third-party pursuant to the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq., or participate in a Shared Services Agreement
with other local units, counties, and/or County Improvement Authorities
for the creation, maintenance and administration of the registry pursuant
to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1
et seq.
C.
Any third parties retained to create, maintain, and/or administer
the registry shall have the authority, on behalf of the Township to:
(1)
Identify properties subject to the registration requirement;
(2)
Maintain and update the registration list;
(3)
Communicate with creditors and/or in-state representatives;
(4)
Invoice and collect payment of fees;
(5)
Monitor compliance; and
(6)
Such other functions, within the scope of P.L. 2021, c. 444, which
may be deemed necessary to carry out its function on behalf of the
Borough.
D.
Any third parties retained to create, maintain, and/or administer
the registry shall be required to comply with the following reporting
and payment requirements:
(1)
Any and all amounts collected by the third party as part of its administration
of the registry, including registration fees, interest, and penalties,
shall be paid, in full directly to the Township of Greenwich, or County
of Gloucester as applicable, not less than once per year, or as otherwise
directed by the Township. No fees, payments, expenses, or other deductions
shall be made from this payment; payment for any third services under
this article shall be made by the Township, or as applicable, the
county directly to the third party, under the terms and conditions
outlined within the contract for professional services.
(2)
Not less than once per year on the first business day of each calendar
year, or as otherwise may be requested by the Tax Collector, any third
party administering the Township's registry shall file with the
Tax Collector a certification identifying:
(a)
The address, block, lot, and contact information of any property
for which registration fees under this Article are due and owing at
the time of the certification;
(b)
The amount of the registration fees, and separately, any interest,
fines, and other penalties due and owing at the time of the certification;
and
(c)
The date on which the property became eligibility for inclusion
on the Township's registry.
E.
The Municipal Clerk or his or her designee shall serve as the municipal
official responsible for notifying creditors, establishing, and maintaining
the registry, determining eligibility for designation as a vacant
and abandoned property under this article, and for imposing fees,
penalties, and/or violations. The responsibilities herein may be designated
to a third party, pursuant to the terms and conditions of a contract
for professional services consistent with P.L. 2021, c. 444.
[Amended 8-15-2022 by Ord. No. 8-2022]
A.
Within 30 days of the effective date of this section, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Township of Greenwich: (i) prior to the effective date of this section, and (ii) which is pending as of the effective date of this section, shall provide notice in accordance with Subsection C of this section.
B.
Within 10 days of filing a summons and complaint with the New Jersey
Superior Court in an action to foreclose on a commercial and/or residential
mortgage for a property located with the Township of Greenwich, the
creditor shall notify the Township Clerk, or his or her designee,
of the action. Such notice shall include:
(1)
The address, block, and lot of the subject property;
(2)
The date the summons and complaint in an action to foreclose on a
mortgage was filed against the subject property, the court in which
it was filed, and the docket number of the filing;
(3)
Whether the property is vacant and abandoned in accordance with the
definition in this article;
(4)
The full name, address, and telephone number for the representative
of the creditor who is responsible for receiving notice of complaints
of property maintenance and code violations;
(5)
The full name, address, and telephone number of any person or entity
retained by the creditor or a representative of the creditor to be
responsible for any care, maintenance, security, or upkeep of the
property; and
(6)
If the creditor is out-of-state, the full name, address, and telephone
number of an in-state representative or agent who shall be responsible
for any care, maintenance, security, or upkeep of the property, and
for receiving notice complaints of property maintenance and code violations.
(7)
The notice requirements herein represent a continuing obligation
through the pendency of this foreclosure action. After initial notice
to the Township, creditors subject to the notice requirement shall
update the property registration program within 10 days of any change
in the information contained in the original or any subsequent notices.
C.
Creditors of any commercial and/or residential mortgage required
to notify the Township pursuant to this section shall:
(1)
Register the property with the property registration program as a
property in foreclosure, within 30 days of notifying the Township;
(2)
Be subject to the registration fee, notice requirements and penalties
for noncompliance established within this article;
(3)
Update the property registration within 10 days of any chance in
the information contained in the original notice to the Township;
(4)
If an out-of-state creditor, appoint an in-state representative or
agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Township;
(5)
Within 10 days of the property becoming vacant and abandoned at any
time during the pendency of the foreclosure action, the creditor shall:
(a)
Assume responsibility for the care, maintenance, upkeep, and
security of the exterior of the property;
(b)
Secure the property against unauthorized entry;
(c)
Post a sign on the inside of the property, visible to the public,
containing the name, address, and telephone number of the creditor,
or an out-of-state in-state representative or agent, for the purpose
of receiving service of process;
(d)
Acquire and maintain a vacancy insurance policy which covers
any damage to any person, or any property caused by any physical condition
of the property while registered with the property registration program;
(e)
Provide proof, within 10 days of receiving a request by the
Township or its designee, that the above conditions have been satisfied;
(f)
Cure any violations of the above requirements within 30 days
of receiving a notice of violation, or if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice;
(g)
Update the property registration within 10 days of the creditor
becoming aware that the property is deemed vacant and abandoned as
defined herein.
D.
If at any time the creditor is deemed to be in violation of the above
requirements, and/or if the property is deemed to be in violation
of any other applicable local or state maintenance, health or safety
codes, the Code Official or his or her designee shall notify the creditor
using the contact information provided in the property registry established
by this article.
E.
Any mortgagee who holds a mortgage on real property located within
the Township of Greenwich shall perform an inspection of the property
to determine vacancy or occupancy, upon default by the mortgagor.
The mortgagee shall, within 10 days of the inspection, register the
property as set forth above on forms or website access provided by
the Township, and indicate whether the property is vacant or occupied.
A separate registration is required for each property, whether it
is found to be vacant or occupied.
F.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until (1) the mortgagor or
other party remedies the default, or (2) it is found to be vacant
or shows evidence of vacancy at which time it is deemed abandoned,
and the mortgagee shall, within 10 days of that inspection, update
the property registration to a vacancy status conforms provided by
the Township.
G.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
Owners, lenders and/or possessory lenders who are required to
register property pursuant to this article shall do so by submitting
a copy of a driver's license (individual owners only) and an affidavit
containing the information specified in this section. The affidavit
may be provided by an agent provided the agent's written authorization
from the owner, lender, or possessory lender is submitted with the
affidavit. This affidavit may be done by form or website registration.
The affidavit shall include the following:
A.
Each property having a separate block and lot number as designated
in official records of the Township shall be registered separately.
B.
The name of the owner of the property.
C.
A mailing address where mail may be sent that will be acknowledged
as received by the owner. Owner shall be responsible to provide updated
addresses as necessary. If certified mail/return receipt request is
sent to the address and the mail is returned marked "refused" or "unclaimed"
or if ordinary mail is sent to the address is returned for whatever
reason, then such occurrence shall be prima facie proof that the owner
has failed to comply with this requirement.
D.
The name of an individual or legal entity responsible for the care
and control of the property. Such individual may be the owner or may
be someone other than the owner with whom the owner has contracted.
E.
A current address, telephone number, facsimile number and email address
where communications may be sent that will be acknowledged as received
by the individual responsible for the care and control of the property.
If certified mail return receipt requested is sent to the address
and the mail is returned marked "refused" or "unclaimed," or if ordinary
mail sent to the address is returned for whatever reason, then such
occurrence shall be prime facie proof that the owner has failed to
comply with this requirement.
[Amended 8-15-2022 by Ord. No. 8-2022]
A.
All fees, penalties, and/or fines established within this article
and assessable pursuant to the authority outlined within P.L. 2021,
c. 444 shall be deemed a municipal charge in accordance with N.J.S.A.
54:5-1 et seq.
B.
Creditors/mortgagees required to notify the Township and register
a property as abandoned, vacant or one in foreclosure shall be required
to pay the following annual registration fee, per property, due at
the time of registration of $500.
C.
If a property registered with the registration program as a property
in foreclosure is vacant and abandoned at the time of registration,
or becomes vacant and abandoned at any time during the pendency of
the foreclosure proceeding, the creditor/mortgagee shall pay an additional
annual registration fee, per property, due at the time the determination
that the property is vacant and abandoned is made, of $2,000.
D.
Violations.
(1)
An out-of-state creditor subject to the notice and registration requirements
of this article, found 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. The violation shall be deemed
to commence on the day after the initial ten- or thirty-day requirement
to notify the Township of applicable foreclosure actions.
(2)
A creditor subject to the notice and registration requirements of this article found to be in violation of any part of this article [with the exception of a violation pursuant to Subsection D(1) of this section], shall be subject to a fine of $1,500 for each day of the violation. The violation shall be deemed to commence on the 31st day following the receipt of a notice of violation, or if deemed to present an imminent threat to public health and safety, on the 11th day following the creditor's receipt of such notice.
E.
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 article, but failed
to abate the nuisance or correct the violation as directed, the Township
shall have the same resource 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, et seq.
If at any time the information contained in the affidavit is
no longer valid, the property owner, lender or possessory lender has
10 days to file a new affidavit containing current information. There
shall be no fee to update a registered owner's current information.
A.
If vacant, abandoned or foreclosed property includes vacant or unoccupied
buildings, the owner of that property is responsible for immediately
obtaining and paying for the Township's safety and maintenance inspection
(as defined herein) of the building and property, obtaining necessary
permits, making required repairs and obtaining inspections from the
Township annually thereafter until the building is lawfully occupied
to ensure the buildings are safe, secured and well maintained. The
owner shall demonstrate that all water, sewer, electrical, gas, HVAC
and plumbing systems, exterior finishes and walls, concrete surfaces,
accessory buildings and structures, swimming pools and spas, roofing,
structural systems, foundation and drainage systems, gutters, doors,
windows, driveways and sidewalks are sound, operational or properly
disconnected.
B.
If, at the time of the safety and maintenance inspection, the inspector
deems that the electrical, plumbing or mechanical systems pose health
or safety hazards and require additional inspection by the registered
code official in that discipline, the owner shall be responsible to
obtain and pay for that requested inspection.
C.
If an owner fails or refuses to complete the inspections required by Subsection A of this section, the possessory lender shall be obligated to complete the inspection upon foreclosure of the property. Additionally, any lender who holds a mortgage on the property located within Greenwich Township shall obtain and pay for the inspection pursuant to Subsection A of this section to the extent permitted by law or under the mortgage, of the property that is the security for the mortgage, upon default by the borrower, within five days after either the filing of a complaint for foreclosure (if foreclosure is by judicial action) or publishing a notice of foreclosure (if foreclosure is by advertisement).
All owners, possessory lenders, and lenders (to the extent permitted
by law or the terms of a mortgage) are responsible for compliance
with the requirements of this section which apply to all vacant properties
from the time of vacancy, including the time between vacancy and when
registration is required.
A.
Property shall be kept free from weeds, overgrown grass, dry brush
and dead vegetation in accordance with Township ordinances, as well
as trash, junk, debris, building materials, and accumulation of newspaper,
circulars, flyers, notices (except those required by federal, state
or local law), and discarded personal items including, but not limited
to, furniture, clothing, large and small appliances, printed material
or any other items that lend to the appearance that the property is
abandoned.
B.
Property shall be maintained free from graffiti, tagging or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior of the surface.
C.
All front, side and rear yards shall be properly maintained, including
landscaping. "Maintenance" includes, but is not limited to, regular
watering, irrigation, cutting, pruning and mowing of required grasses
and landscaping and removal of trimmings.
D.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Pools, spas and other water features shall be kept drained and kept
dry and free from debris. Properties with pools and/or spas must comply
with the minimum security fencing and barrier requirements of applicable
construction, building and property maintenance codes and ordinances.
F.
Property shall be maintained in a secure manner so as not to be accessible
to unauthorized persons. "Secure manner" includes, but is not limited
to, the closure and locking of windows, doors, gates, and any other
openings of such size that may allow a child to access the interior
of the property and/or structures. Broken windows must be repaired
or replaced within 30 days. Boarding up of open or broken windows
is prohibited except as a temporary measure.
G.
Owners shall inspect or cause the inspection of vacant property on
a regular basis to verify compliance with this section and other applicable
laws. If the property is owned by a person other than an individual
and/or the lender or possessory lender is located more than 30 miles
away, a local property management company shall be contracted to perform
weekly inspections to verify that the requirements of this section
and any other applicable laws are being met. The property shall be
posted with name and twenty-four-hour contact telephone number of
a property management company located within 30 miles of the subject
property. The posting shall be no less than 18 inches by 24 inches
and shall be of a 72-point Arial font and shall contain, along with
the name and twenty-four-hour contact number, the words: "This property
managed by and to report problems or concerns call." The posting shall
be placed on the interior of a window facing the street to the front
of the property so it is visible from the street or secured to the
exterior of the building structure facing the street to the front
of the property so that is visible from the street, or if no such
area exists, on a stake of sufficient size to support the posting
in a location that is visible from the street to the front of the
property, but not readily accessible to vandals. The local property
management company shall inspect the property on a regular basis to
determine if the property is in compliance with the requirements of
this section.
If a building is fire damaged, the owner or possessory lender
has 90 days from the date of the fire to apply for a permit to start
construction or demolition. An additional ninety-day extension may
be granted in the sole discretion of the Township official provided
the owner or possessory lender can demonstrate substantial progress
towards completing repairs. Failure to do so will result in the property
being deemed vacant and/or abandoned and subject to the requirements
of this article.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Township.
If the owner, lender or possessory lender has failed to secure
the property, and it has been secured by the Township, the Township
or its contracted agent may re-enter the structure to conduct necessary
inspections to assure compliance with the requirements of this code
and to determine if there are emergency or hazardous health and safety
conditions in existence.
A vacant, abandoned, or foreclosed property shall not be occupied
and/or sold until all violations have been corrected in accordance
with the violation or correction notices issued and a certificate
of occupancy has been issued by the Township Construction Office.
All mechanical, electrical, plumbing and structural systems shall
be certified by a licensed contractor as being in good repair, the
provisions of the International Property Maintenance Code, or its
successor, complied with and all blight removed. In addition, a certificate
of occupancy shall not be issued until all outstanding costs, assessments,
and liens owed to the Township have been paid in full.
A.
Any person or entity that violates any provision of this article
or the rules and regulations issued hereunder shall be fined not less
than $100 and not more than $1,000 for each offense. Every day that
a violation continues shall constitute a separate and distinct offense.
Fines assessed under this chapter shall be recoverable from the owner
and shall also be a lien on the property.
B.
For the purpose of this section, failure to file a registration affidavit
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days of receipt of notice
by the Township, and failure to provide correct information on the
registration affidavit, or failure to comply with the provisions of
this article, or such provisions contained herein shall be deemed
to be violations of this article.
A.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the Township's Code
Enforcement Board or code enforcement special magistrate as soon as
possible to address the conditions of the property.
B.
The Code Enforcement Board or Hearing Officer shall have the authority
to require the mortgagee and/or owner of record of any property affected
by this section, to implement additional maintenance and/or security
measure including, but not limited to, securing any and all doors,
windows or other openings, employment of an on-site security guard
or other measures as may be reasonably required to help prevent further
decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Board or special magistrate may direct the Township
to abate the violations and charge the mortgagee with the cost of
the abatement.
D.
If the mortgagee does not reimburse the Township for the cost of
temporarily securing the property, or of any abatement directed by
the Code Enforcement Board or special magistrate within 30 days of
the Township sending the mortgagee the invoice, then the Township
may lien the property with such cost, along with an administrative
fee of $500 to recover the administrative personnel services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this article.
All resolutions and ordinances, or parts thereof, in conflict
with the provisions of this article are, to the extent of such conflict,
hereby repealed.
Should any section, paragraph, sentence, clause, or phrase of
this article be declared unconstitutional or invalid for any reason,
the remaining portions of this article shall not be affected thereby
and shall remain in full force and effect, and to that end the provisions
of this article are hereby declared to be severable.
