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.
CREDITOR
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]
IMMEDIATE FAMILY MEMBER
Grandfather, grandmother, father, mother, son, daughter,
grandson, granddaughter, brother, sister, uncle or aunt.
OWNER
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]
RESIDENTIAL PROPERTY
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.
VACANT AND ABANDONED RESIDENTIAL OR COMMERCIAL PROPERTY[Added 6-21-2016 by Ord. No. 2016-06]
A.
Residential or commercial real estate for which a notice of violation has been issued pursuant to §
341-7 of this chapter; or
B.
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:
(1)
Overgrown or neglected vegetation;
(2)
The accumulation of newspapers, circulars, flyers, or mail on
the property;
(3)
Disconnected gas, electric, or water utility services to the
property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
(5)
The accumulation of junk, litter, trash or debris (including
piles of rubble or construction debris) on the property;
(6)
The absence of window treatments such as blinds, curtains or
shutters;
(7)
The absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(11)
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;
(12)
An uncorrected violation of a municipal building, housing, or similar code, including Chapter
257 or Chapter
340 of this code, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
(13)
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;
(14)
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
(15)
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.
[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.
B. The issuance of a notice pursuant to Subsection
A of this section shall constitute proof that a residential or commercial property is vacant and abandoned for the purposes of this chapter.
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.