[HISTORY: Adopted by the Mayor and Council of the Borough
of East Rutherford 9-15-2015 by Ord. No. 2015-24. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 340
A.
N.J.S.A. 40:48-2 provides in relevant part that a municipality may
make and enforce such ordinances, rules and regulations not contrary
to the laws of this state or of the United States as it may deem necessary
and proper for the good government, order and protection of persons
and property and for the preservation of the public health, safety
and welfare of the municipality and its inhabitants.
B.
N.J.S.A. 46:10B-51a provides in relevant part that a creditor serving
a summons and complaint in an action to foreclose on a mortgage on
residential property in this state shall, within 10 days of serving
the summons and complaint, notify the Municipal Clerk of the municipality
in which the property is located that a summons and complaint in an
action to foreclose on a mortgage has been filed against the subject
property. The notice shall contain the name and contact information
for the representative of the creditor who is responsible for receiving
complaints of property maintenance and code violations. The notice
may contain information about more than one property and shall be
provided by mail or electronic communication, at the discretion of
the Municipal Clerk. The notice shall also include the street address,
lot and block number of the property and the full name and contact
information of an individual located within the state who is authorized
to accept service on behalf of the creditor.
C.
N.J.S.A. 46:10B-51b provides in relevant part that if the owner of
a residential property vacates or abandons any property on which a
foreclosure proceeding has been initiated or if a residential property
becomes vacant at any point subsequent to the creditor's filing the
summons and complaint in an action to foreclose on a mortgage against
the subject property, but prior to vesting of title in the creditor
or any other third party, and the property is found to be a nuisance
or in violation of any applicable state or local code, the appropriate
local municipal official shall notify the creditor of the nuisance
or violation. The creditor shall have the responsibility to abate
the nuisance or correct the violation in the same manner and to the
same extent as the title owner of the property, to such standard or
specification as may be required by state law or municipal ordinance.
D.
N.J.S.A. 46:10B-51c provides in relevant part that if the municipality
expends public funds in order to abate a nuisance or correct a violation
on a residential property in situations where the creditor was given
notice pursuant to the aforesaid statute but failed to abate the nuisance
or correct the violation as directed, the municipality shall have
the same recourse 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.
E.
N.J.S.A. 46:10B-51.1 provides in relevant part that the owner of
any non-owner-occupied residential property who takes title to the
property as the result of a Sheriff's sale or deed in lieu of foreclosure,
other than an owner who has previously provided notice to the municipality
pursuant to N.J.S.A. 46:10B-51, shall provide notice, within 10 business
days, to the Municipal Clerk of the municipality wherein the property
is located providing the name and address of the owner. If the owner
is not located within New Jersey, then the owner shall designate an
agent within New Jersey, including the agent's address, who is authorized
to accept service of process on behalf of the property owner.
F.
N.J.S.A. 55:19-100 provides in relevant part that with respect to
any lien placed against any real property pursuant to the provisions
of N.J.S.A. 40:48-2.3 or N.J.S.A. 40:48-2.3a or N.J.S.A. 40:48-2.5
or any receiver's lien pursuant to N.J.S.A. 2A:42-114 et seq., the
municipality shall have recourse with respect to the lien against
any asset of the owner of the property if an individual, against any
asset of any partner if a partnership, and against any asset of any
owner of a ten-percent interest or greater if the owner is any other
business organization or entity recognized pursuant to law.
A.
The Mayor and Council finds and declares that residential properties
with pending foreclosure proceedings typically become vacant. These
vacant properties, if not maintained, rapidly become eyesores with
unkempt lawns and overgrown vegetation, broken doors and windows,
and deteriorating structures. These properties create a wide range
of negative secondary effects in the neighborhoods where they are
located in that they foster criminal activity, create public health
problems, and otherwise diminish the quality of life for residents
and business operators located in those areas.
B.
The Mayor and Council finds and declares that residential properties
with pending foreclosure proceedings which have become vacant typically
are not maintained by the creditor who has filed the foreclosure proceedings.
These vacant properties deteriorate by neglect and diminish property
values of neighboring properties, increase the risk of property damage
through arson and vandalism, and discourage neighborhood stability
and revitalization.
C.
The Mayor and Council finds and declares that there are vacant residential
properties located within the community that constitute a nuisance
which require the abatement or removal of the nuisance by summary
proceedings. Where a creditor has filed a summons and complaint for
the foreclosure of a mortgage on a residential property that is vacant,
the creditor is responsible for the abatement or removal of the nuisance.
D.
The Mayor and Council finds and declares that there are vacant residential
properties located within the community that have violations of the
Property Maintenance Code which require affirmative action to correct
the violation to protect the public health, safety or welfare. Where
a creditor has filed a summons and complaint for the foreclosure of
a mortgage on a residential property that is vacant, the creditor
is responsible for the correction of the violation of the Property
Maintenance Code.
E.
It is the purpose and intent of this chapter to require the registration
of residential properties where a creditor has filed a summons and
complaint for the foreclosure of a mortgage on the property so that
the Borough can identify these properties, inspect the structures,
monitor the condition of the properties, ensure that the properties
are maintained, and have a database of information to contact and
provide legal notice to the creditor.
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended. Any words not defined herein shall have the meanings
given in Webster's Unabridged Dictionary.
Defined as a mortgagee or an agent or assignee of a mortgagee,
such as the servicer, who has filed a complaint in the Superior Court
seeking to foreclose upon a residential or commercial mortgage. If
the entity seeking to foreclose upon the residential or commercial
mortgage changes as a result of an assignment, transfer, or otherwise
after the filing of the foreclosure complaint in the Superior Court,
the new entity shall be deemed the creditor for purposes of this section.
For purposes of this section, a creditor shall not include the state,
a political subdivision of the state, a state, county, or local government
entity, or their agent or assignee, such as the servicer.
[Amended 2-21-2023 by Ord. No. 2023-03]
Grandfather, grandmother, father, mother, son, daughter,
grandson, granddaughter, brother, sister, uncle or aunt.
An “owner” shall include the title holder, any
agent of the title holder having authority to act with respect to
vacant/abandoned property, any foreclosing entity subject to the provisions
of N.J.S.A. 46:10B-51, or any other entity determined by the Borough
of East Rutherford to hold the authority to act with respect to the
property.
[Added 2-21-2023 by Ord. No. 2023-03]
A single-family, owner-occupied residential dwelling. It
shall also include a single-family residential dwelling which is occupied
by an immediate family member of the person who owns the property.
[Added 6-21-2016 by Ord. No. 2016-06]
Residential or commercial real estate for which a notice of violation has been issued pursuant to § 341-7 of this chapter; or
Where a notice of violation has not been issued pursuant to § 341-7 subject to a mortgage and not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to N.J.S.A. 2A:50-56 and at least two of the following conditions exists:
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 (including
piles of rubble or construction 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;
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.
The Property Maintenance Code of the Borough is hereby made
applicable to all residential properties where a creditor has filed
a summons and complaint for the foreclosure of a mortgage.
A.
A creditor filing a summons and complaint to foreclose a mortgage
on residential property within the Borough must also register the
dwelling with the municipality through the Borough Clerk's office
within 30 days from the date the complaint is filed with the court.
B.
The registration form shall include the full name and contact information
of an individual located within the State of New Jersey who is authorized
to accept service on behalf of the creditor. The registration form
shall be accompanied with a registration fee of $1,000 for each dwelling
for the first year and $1,500 for each dwelling in each subsequent
year. Registration forms shall be available at the Borough Clerk's
office. Registrants shall deliver the completed and executed form
to the Borough Clerk along with a check made payable to the Borough.
A separate registration form is required for each house, commercial
property, townhouse, condominium, or duplex that is the subject of
a foreclosure action. Notwithstanding the foregoing, the registration
fees for an occupied property subject to summons and complaint for
foreclosure are limited to $500.
[Amended 2-21-2023 by Ord. No. 2023-03; 11-21-2023 by Ord. No. 2023-24]
C.
The cost of inspections is included in the fee charged above.
D.
Property registration shall be renewed every 12 months. The renewal
form shall be due on the anniversary date following the original registration
date. Failure to register a property in a timely basis shall result
in the assessment of civil penalties. It shall be the responsibility
of the registrant to notify the Borough Clerk in writing whenever
there is a change in the contact information of the registrant.
[Amended 6-21-2016 by Ord. No. 2016-06]
A.
Both the owner and occupant in possession of the subject property
is a responsible party for the upkeep of the property; provided that:
if a residential or commercial property becomes vacant and abandoned
at any point subsequent to the filing of a summons and complaint but
prior to vesting of title in the creditor/lender, the creditor/lender
shall become a responsible party for the upkeep of the property immediately
upon that filing. This obligation includes abatement of a nuisance
and correction of violations of the municipal property maintenance
code. If a residential or commercial property becomes vacant and abandoned,
the creditor/lender shall be the responsible party 30 days after receiving
notice from the municipality that the property has become vacant without
regard to whether the creditor has filed a summons and complaint.
Said notice must be sent immediately upon receipt to the creditor/lender
by certified mail. If the certified mail has not been able to be delivered,
the 30 days shall run from the time of the property’s being
posted in a conspicuous place or a notice’s being forwarded
by regular mail to the last known address of the creditor as noted
in the records of the Tax Collector.
[Amended 6-21-2016 by Ord. No. 2016-06]
A.
Once a home is registered, the Borough Clerk shall notify the code enforcement inspectors who shall send an inspector to the property to determine whether there are any violations of the Property Maintenance Code. After the inspection notice shall be sent to the contact for the responsible party identified in the registration made pursuant to § 341-5 indicating what problems must be remedied. The notice shall state the time period for the completion of the work which shall be no earlier than 30 days after receipt, provided that in the event of an imminent threat to public health and safety, no greater than 10 days after receipt. A reinspection of the property shall take place at the end of that time period to determine whether compliance has occurred.
The procedural requirements of Chapter 340 of this Code shall be applicable to this chapter.
It shall be unlawful for any person to be in conflict with,
or in violation of, any of the provisions of this chapter. Each day
that a violation continues, after the notice of violation and order
for compliance has been served and the time specified in the order
has expired, shall constitute a separate offense. Any person who shall
violate the regulations contained herein shall be subject to a fine
of not less than $500 nor more than $1,000 for each offense. Repeat
offenders shall be subject to a fine of not less than $1,000 nor more
than $2,000. Repeat offenders may also be sentenced to a term of community
service not exceeding 90 days and/or 30 days in the county jail.
If the municipality expends public funds in order to abate a
nuisance or correct a violation of the Property Maintenance Code on
a residential property in situations in which the creditor was given
notice pursuant to this chapter, but failed to abate the nuisance
or correct the violations as directed, the municipality shall have
the same recourse against the creditor as it would have against the
title owner of the property. The municipality may assess a lien against
the subject property for the moneys expended by the municipality.
This lien may be enforced and collected in the same manner as real
estate taxes are enforced and collected.
