A.
A creditor, as defined in P.L. 2014, c. 5, who files 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 subject to the foreclosure, and
if located out-of-state, shall be responsible for appointing an in-state
representative or agent to act for the foreclosing creditor.
B.
The Code Enforcement Officer, or any other local official designated
by the governing body for administration of any property maintenance
or public nuisance code, may issue a notice to the creditor filing
the summons and complaint in an action to foreclose, if the public
officer or other authorized municipal official determines that the
creditor has violated any provision of this chapter by failing to
provide for the care, maintenance, security, and upkeep of the exterior
of the vacant and abandoned residential property subject to the foreclosure.
(1)
Such notice shall include a description of the conditions that gave
rise to the violation with the notice of violation 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, or within
10 days of receipt of the notice if the violation presents an imminent
threat to public health and safety.
(2)
A creditor subject to this section who is found to be in violation
of this section by the Old Bridge Township Municipal Court, or by
any other court of competent jurisdiction, of the requirement to correct
a care, maintenance, security, or upkeep violation cited in a notice
issued pursuant to the ordinance 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,
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.
C.
Any creditor whose principal place of business is located outside
of the State of New Jersey who has served a summons and complaint
in an action to foreclose on a residential property, shall provide
to the Township the full name and contact information of its in-state
representative or agent, within the ten-day period as required by
N.J.S.A. 46:10B-51, which contains 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/or abandoned.
(1)
Any out-of-state creditor subject to the provisions of this section
who is found by the Old Bridge Township Municipal Court, or by any
other court of competent jurisdiction, in violation of the requirement
of this section 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.
(2)
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 as required by N.J.S.A. 46:10B-51 et seq. for providing notice
to the Township that a summons and complaint in an action to foreclose
on a mortgage has been served.
D.
The issuance of a notice pursuant to this section shall constitute
proof that the property is "vacant and abandoned" for the purposes
of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73).
A.
Except as otherwise provided in § 363-11 above, any owner, operator or occupant who or which shall violate any of the provisions of this chapter shall, upon conviction in the Old Bridge Township Municipal Court or any such other court having jurisdiction, be sentenced to a penalty not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both. Each day that a violation persists shall be deemed a separate offense and subject to the penalty provisions of this chapter.
B.
For purposes of this chapter, failure to file a registration statement
within 30 calendar days after a building becomes a vacant property
or within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days of receipt of notice
by the municipality, and failure to provide correct information on
the registration statement, or failure to comply with the provisions
contained herein shall be deemed to be violations of this chapter.
