Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor
filing a summons and complaint in an action to foreclose shall be
responsible for the care, maintenance, security and upkeep of the
exterior of the vacant and abandoned residential property. This obligation
applies whether the determination that the property is vacant and
abandoned is made pursuant to this Code, N.J.S.A. 2A:50-73, or as
otherwise provided by law. Upon the filing of a summons and complaint
in foreclosure, the creditor shall file with the Borough a notice
setting forth a registered agent for service of notice and process.
If the creditor is an out-of-state creditor, the creditor shall be
responsible for appointing an in-state creditor or agent to act for
the foreclosing creditor. The out-of-state creditor shall include
the full name and contact information of the in-state representative
or agent in the notice to be provided to the Municipal Clerk in accordance
with N.J.S.A. 46:10B-51(a)(1).
A.Â
An out-of-state creditor found by the municipal court, or any other
court of competent jurisdiction, to be in violation of the above section
requiring registration shall be subject to a fine in minimum sum of
$2,500 for each day the violation continues, commencing after the
ten-day period set forth in N.J.S.A. 46:10B-51(a)(1) for providing
notice to the Municipal Clerk that a summons and complaint in a foreclosure
action has been served.
B.Â
The Zoning Officer, Housing Officer, Construction Official, Code
Enforcement Officer or any other public officer appointed pursuant
to N.J.S.A. 40:48-2.3 et seq. shall be authorized to issue notice
to the creditor filing the summons and complaint in a foreclosure
action, if the public officer determines that the creditor has violated
this chapter by failing to provide for the care, maintenance, security
and upkeep of the exterior of the property. 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 such notice shall constitute proof that the property is vacant
and abandoned as set forth at law. A creditor found by the municipal
court, or by any other court of competent jurisdiction, to be in violation
of the requirement to care for, maintain, secure or provide upkeep
for property in violation of this section shall be subject to a fine
of $1,500 for each day of the violation, commencing 31 days following
receipt of notice, except if the violation presents an imminent risk
to public health and safety, in which case the fines shall commence
11 days following receipt of the notice.
