As used in this chapter, the following terms shall have the
meanings indicated:
CREDITOR
Consistent with Section 3 of P.L. 2008, c. 86, a state-chartered
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, and any entity acting on behalf of the Creditor named
in the debt obligation, including, but not limited to, servicers.
[Added 11-21-2016 by Ord.
No. 22-2016]
OWNER
The title holder, any agent of the title holder having authority
to act with respect to a vacant property, and foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c.127, Sec. 17)
or any other entity determined by the Township of Westampton to have
authority to act with respect to the property.
VACANT AND ABANDONED PROPERTY
Any building used or to be used as a residence or business
which is not legally occupied or at which substantially all lawful
construction or business operations or residential occupancy has ceased,
and which is in such condition that it cannot legally be reoccupied
without repair or rehabilitation and at least two of the following
conditions exist:
A.
Overgrown or neglected vegetation, including, but not limited
to, brush, weeds, dead or dying trees;
B.
Infestation of insects, vermin, rats, or other pests;
C.
The accumulation of newspapers, circulars, flyers, or mail on
the property;
D.
Disconnected gas, electric, or water utility services to the
property;
E.
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
F.
The accumulation of junk, letters, trash, or debris on the property;
G.
The absence of window treatments such as blinds, curtains, or
shutters;
H.
The absence of furnishings and personal items;
I.
Statements by neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
J.
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes that are damaged, broken, and
unrepaired;
K.
Doors to the property that are smashed through, broken off,
unhinged, or continually unlocked;
L.
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners, that exists due to acts of
vandalism, loitering, criminal conduct, or the physical destruction
or deterioration of the property;
M.
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or any order by municipal
authorities declaring the property to be unfit for occupancy and to
remain vacant and unoccupied;
N.
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;
O.
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
P.
Any other reasonable indicia of abandonment.
The owner of any building that has become a vacant and abandoned
property, and any person maintaining, operating, or collecting rent
for any such building that has become vacant shall, within 30 days
thereof:
A. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code, or as set forth
in rules and regulations supplementing those codes; and
B. Post a sign affixed to the inside of the building indicating the name, address, and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to §
182-3 of this chapter), and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches; and
C. Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete.
D. Place a sign or posting indicating that unauthorized persons are
not permitted entry into the building or on the porch, curtilage or
surrounding areas in accordance with the provisions of N.J.S.A. 2C:18-3b(2).
Said sign/posting shall clearly indicate "No trespassing" in a form
approved by the Township of Westampton and shall be placed in a conspicuous
location on the premises.
E. The owner of any vacant building shall acquire and otherwise maintain
liability insurance by procuring a vacancy policy in an amount of
not less than $300,000 for buildings designed primarily for use as
residential units and not less than $1,000,000 for any other building,
including, but not limited to, buildings designed for manufacturing,
industrial, storage or commercial uses, covering any damage to any
person or any property caused by any physical condition of or in the
building.
F. The owner shall attach evidence of the insurance to the owner's
registration statement. Any registration statement submitted that
does not include such evidence shall not be deemed to be a valid registration.
The Township Committee for the Township of Westampton may issue
rules and regulations for the administration of the provisions of
this chapter.
Nothing in this chapter is intended to nor shall be read to
conflict or prevent the Township of Westampton from taking action
against buildings found to be unfit for human habitation or unsafe
structures as provided in applicable provisions of the Code of the
Township of Westampton and/or the Uniform Construction Code. Further,
any action taken under any such code provision other than the demolition
of a structure shall not relieve an owner from its obligations under
this chapter.
[Amended 11-21-2016 by Ord. No. 22-2016]
A. Pursuant to the provisions of the Public Laws of 2014, Chapter
35, a creditor, as defined in §
182-1, filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of this chapter of the Code of the Township of Westampton, pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise.
B. If the public officer, or other authorized municipal official, determines
that a creditor obligated to care, maintain, secure and keep up a
vacant and abandoned property has failed to do so in violation of
the provisions of this chapter of the Code, the public officer or
other authorized municipal official shall issue a notice of violation
to the creditor that has filed a summons and complaint to foreclose
on the property in question. The notice shall require the person or
entity to correct the violation 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. The issuance of this
notice shall constitute evidence that a property is vacant and abandoned
for purposes of N.J.S.A. 2A:50-73.
C. An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to paragraph
one of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court
of competent jurisdiction to have violated this provision shall be
subject to a fine of $2,500 for each day of the violation commencing
on the day after the ten-day period set forth in paragraph one of
N.J.S.A. 46:10b-51 with respect to notifying the Municipal Clerk that
an action to foreclose on the property has been filed.
D. Except as set forth in this chapter and herein, any person, firm,
corporation or entity violating any provision of this chapter shall,
upon conviction, be punishable as provided in this Code. A creditor
required to care, maintain, secure and keep up a property under this
chapter cited in a notice issued pursuant to Subsection 9B shall be
subject to a fine of $1,500 for each day of the violation.
E. Notice of violations of property maintenance, building or other property
codes for any property declared vacant and abandoned pursuant to this
chapter shall be given to a foreclosing creditor pursuant to the procedures
of this Code as required by P.L. 2014, c. 35.