It is the purpose and intent of the municipality to establish
a process to address the deterioration and blight of municipality
neighborhoods caused by an increasing amount of abandoned, foreclosed
or distressed real property located within the municipality and to
identify, regulate, limit and reduce the number of abandoned properties
located within the municipality. It is the municipality's further
intent to participate in the countywide registration program established
by the Atlantic County Improvement Authority as a mechanism to protect
neighborhoods from becoming blighted due to the lack of adequate maintenance
and security of abandoned and foreclosed properties.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY
Any real property located in the municipality, whether vacant
or occupied, that is in default on a mortgage as evidenced by a complaint
and summons filed, 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 or has been transferred to the lender under a
deed in lien 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 or the foreclosure action has been dismissed.
ACCESSIBLE PROPERTY/STRUCTURE
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.
APPLICABLE CODES
To include, but not be limited to, the municipality's
Zoning Code, the municipality's Code of Ordinances ("Municipality
Code"), and the New Jersey Building Code.
A. Properties that have broken or severely damaged windows, doors, walls,
or roofs which create hazardous conditions and encourage trespassing;
or
B. Properties whose maintenance is not in conformance with the maintenance
of other neighboring properties, causing a decrease in value of the
neighboring properties; or
C. Properties cited for a public nuisance pursuant to the Municipality
Code;
D. 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 lack maintenance
as required by the municipality and Zoning Codes.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the municipality to enforce the applicable
code(s).
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee or other lienholder
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. This definition shall include, but is not limited to,
a complaint and summons filed with respect to foreclosure on a mortgage,
a lis pendens filed against it by the lender holding a mortgage on
the property, a deed in lieu of foreclosure, sale to the mortgagee
or lienholder, certificate of title and all other processes, activities
and actions, by whatever name, associated with the described process.
The legal process is not concluded until the property obtained by
the mortgagee, lienholder, or their designee by certificate of title
or any other means is sold to a nonrelated bona fide purchaser in
an arm's length transaction to satisfy the debt or lien.
MORTGAGEE/CREDITOR
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities
as assignee or owner.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land or portion thereof identified
by a property parcel identification number located in the municipality
limits.
VACANT
Any building or structure that is not legally 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 municipality above and beyond any
other state, county or local provisions for same.
Pursuant to the provisions of this chapter, the municipality
or designee shall participate in the countywide registration program
established by the Atlantic County Improvement Authority cataloging
each abandoned property within the municipality, containing the information
required by this chapter.
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 municipality.
Any person who shall violate the provisions of this chapter may be cited and fined as provided in §
195-10 et seq. of the Code of the City of Port Republic and New Jersey Statutes, N.J.S.A. 40A:65-l et seq. The following subsections show violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this chapter and the dollar amount of civil penalty for the violation of these sections, as may be amended. The descriptions of "violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the Municipality Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the descriptions of violations below. To determine whether a particular activity is prescribed or required by this Code, the relevant Municipality Code section(s) shall be examined.
A. Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(1): An out-of-state
creditor subject to this chapter adopted pursuant to Subsection a
of this section found by the municipal court of the municipality in which
the property subject to this chapter is located, or by any other court
of competent jurisdiction, to be in violation of the requirement to
appoint an in-state representative or agent pursuant to this chapter
shall be subject to a fine of $2,500 for each day of the violation.
Any fines imposed on a creditor for the failure to appoint an in-state
representative or agent shall commence on the day after the ten-day
period set forth.
B. Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(2): A creditor
subject to this chapter adopted pursuant to Subsection a of this section found by the municipal court of the municipality in which the property subject to this chapter is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection
A of this section, of this chapter 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 receipt of the notice of violation, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s) which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s) and the owner shall be responsible for meeting
with the municipality's Code Enforcement Division within 45 days
for a final courtesy inspection report.
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 municipality
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 chapter.
Registration and penalty fees outlined in this chapter may be
modified by an amendment passed and adopted of the City Council of
the municipality.
If any section, sentence, clause, or phrase of this chapter
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this chapter.
All ordinances or parts of ordinances in conflict herewith are
and the same are hereby repealed.
It is the intention of the City Council of the municipality
that the provisions of this chapter shall become and be made a part
of the Code of the City of Port Republic; and that the sections of
this chapter may be renumbered or relettered to accomplish such intention,
and the word "ordinance" may be changed to "section," "article," or
such other appropriate word or phrase in order to accomplish such
intentions.
This chapter shall become effective on August 1, 2022.