[HISTORY: Adopted by the Township Council of the Township
of Jackson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-22-2014 by Ord. No. 12-14]
The intent of this article is to provide for the enforcement
of Township property maintenance standards and State Housing Code
against vacant properties pending foreclosure.
A.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on residential property located within the Township
of Jackson shall serve the Municipal Clerk with a notice indicating
that a summons and complaint in an action to foreclose on a mortgage
has been filed against the subject property. 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.
B.
The notice shall be served within 10 days of service of a summons
and complaint in an action to foreclose on a mortgage against the
subject property.
C.
Within 60 days of the adoption of this article, any creditor that
has initiated a foreclosure proceeding on any residential property
which is pending in Superior Court shall provide to the Municipal
Clerk a notice as described below for all residential properties in
the Township for which the creditor has pending foreclosure actions.
D.
The notice shall contain:
(1)
The name and contact information for the representative of the creditor
who is responsible for receiving complaints of property maintenance
and code violations;
(3)
The street address, lot and block number of the property; and
(4)
The full name and contact information of an individual located within
the state authorized to accept service on behalf of the creditor.
A.
If the owner of a residential property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a property
is otherwise vacated subsequent to the filing of the summons and complaint,
but prior to the vesting of title in any third party; and
B.
If the property is found to be nuisance or in violation of any applicable
state or local code, the local public officer shall notify the creditor;
C.
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.
In the event of a violation of state or local ordinance, the
municipality shall serve the creditor with a notice that shall include
a description of the condition(s) that gave rise to the violation
with the notice and shall provide a period of not less than 30 days
from the creditor's receipt of the notice for the creditor to
remedy the violation.
If the Township expends public funds in order to abate a nuisance or correct a violation on a residential property in which the creditor was given notice pursuant to the provisions of § 331-4 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 had against the title owner of the property, including but not limited to the recourse provided at N.J.S.A. 55:19-100.
[Amended 11-25-2014 by Ord. No. 21-14]
Any person, firm or corporation found to be in violation of
any of the provisions of this chapter shall, upon conviction by a
court of competent jurisdiction, be subject to a fine of $1,500 for
each day of the violation. Any fines imposed pursuant to this section
shall commence 31 days following receipt of the notice, except if
the violation presents an imminent risk to the public health and safety,
in which case any fines shall commence 11 days following receipt of
the notice.
[Added 11-25-2014 by Ord. No. 21-14]
A.
An out-of-state creditor shall provide the full name and contact information of an in-state representative or agent who shall be responsible for the care, maintenance, security and upkeep of the exterior of the property if it becomes vacant and abandoned in the notice required to be provided pursuant to § 331-2.
B.
An out-of-state
creditor found to be in violation of this requirement by the municipal
court of the Township of Jackson or any other court of competent jurisdiction
shall be subject to a fine of $2,500 for each day of the violation.
[Adopted 7-12-2016 by Ord. No. 14-16]
As used in this article, the following terms shall have the
meanings indicated:
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
Except as provided in N.J.S.A. 55:19-83, any property that has
not been legally occupied for a period of six months and which meets
any one of the following additional criteria may be deemed to be abandoned
property upon a determination by the public officer that:
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and no rehabilitation has taken place
during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of determination by the public officer pursuant to this section;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Chapter 4 of Title
54 of New Jersey Statutes as of the date of a determination by the
public officer pursuant to this section; or
The property has been determined to be a nuisance by the public
officer in accordance with the standards set forth at N.J.S.A. 55:19-82.
A property which contains both residential and nonresidential
space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et
seq., so long as 2/3 or more of the total net square footage of the
building was previously legally occupied as residential space and
none of the residential space has been legally occupied for at least
six months at the time of the determination of abandonment by the
public officer and the property meets the criteria of either Subsection
A(1) or Subsection A(4) of this definition.
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include, but is not limited to, evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past-due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property for the purposes of this article.
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51, or any other
entity determined by the Township of Jackson to have authority to
act with respect to the property.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months. Any
property that contains all building systems in working order, is being
maintained on a regular basis, has not been cited by the Township
for any violation of municipal ordinance within such time and is being
actively marketed by its owner for sale or rental shall not be deemed
vacant.
A.
The owner of any vacant property as defined herein shall, within
three days after the building becomes vacant property or within 30
days after assuming ownership of the vacant property, whichever is
later, file a registration statement for each such vacant property
with the Jackson Township Office of Code Enforcement on forms provided
by the Office of Code Enforcement for such purposes. The registration
shall remain valid until the end of the calendar year. The owner shall
be required to renew the registration annually, no later than January
31, as long as the building remains vacant property and shall pay
a registration or renewal fee in the amount prescribed in this article
for each vacant property registered.
B.
Any owner of a building that meets the definition of a "vacant property"
prior to the effective date of this chapter shall file a registration
statement for that property on or before August 1, 2016. The registration
statement shall include the information required under this article,
as well as any additional information that the Office of Code Enforcement
may reasonably require.
C.
The owner shall notify the Office of Code Enforcement within 30 days
of any change in the registration information by filing an amended
registration statement on a form provided by the Office of Code Enforcement
for such purpose.
D.
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township of Jackson against
the owner or owners of the building.
A.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Jackson Township Code Enforcement Official if requested, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal. If an inspection is required of the interior
of the property due to complaints or other cause, the fee for such
inspection shall be the same as that for a certificate of occupancy
inspection, as provided in the applicable provisions of the Code of
the Township of Jackson.
B.
The registration statement shall include the name, street address,
email address and telephone number of a natural person 21 years of
age or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding,
on behalf of such owner or owners in connection with the enforcement
of any applicable code. The designated agent must have a contact number
that will be available 24 hours per day on an emergency basis. The
statement shall also include the name of the person responsible for
maintaining and securing the property, if different from the designated
agent.
C.
An owner who is a natural person and who meets the requirements of
this section as to availability of a contact number on a twenty-four-hour
emergency basis may designate himself or herself as agent.
D.
By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any owner who has designated
an authorized agent under the provisions of this section shall be
deemed to consent to the continuation of the agent's designation
for the purpose of this section until the owner notifies the Township
of Jackson of a change of the authorized agent or until the owner
files a new annual registration statement. The designation of an authorized
agent in no way releases the owner from any requirement of this section.
[Amended 6-23-2020 by Ord. No. 08-20]
The initial registration fee for each vacant property shall
be $500. The renewal fee for each vacant property shall be $1,000.
The owner of any building that has become vacant and abandoned,
and any person maintaining, operating or collecting rent for any such
building that has become vacant, shall immediately:
A.
Post a sign affixed to the inside of the building indicating the
name, street address, email address and telephone number of the owner,
the owner's authorized agent for the purpose of service of process,
and the person responsible for the 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;
B.
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Township of Jackson and maintain the sign required in Subsection A above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete;
C.
Make provision for the maintenance of the lawn and yard, including
regular grass cutting, as required by the applicable provisions of
the Code of the Township of Jackson;
D.
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property;
E.
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of water lines;
F.
Make provision for the cessation of electric or gas utility services
to the property; and
G.
Make provision for the regular maintenance of the exterior of the
property.
A.
Any owner who is not in full compliance with this section or who
otherwise violates any provision of this section or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than $500 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 section shall be recoverable from the owner
and shall be a lien on the property.
B.
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 331-12, or such other matters as may be established by the rules and regulations of the Council of the Township of Jackson shall be deemed to be violation of this section.
