[Adopted by the Township Committee of the Township of Lumberton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-2016 by Ord. No. 2016-06]
As used in this article, the following words shall have the
following meanings:
A state-chartered bank, savings bank, savings-and-loan association
or credit union, any person required to be licensed under the provisions
of the New Jersey Residential Mortgage Lending Act, Sections 1 through
39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and
any entity, agent, or assignee acting on behalf of the creditor named
in the debt obligation, including, but not limited to, servicers,
who has filed a complaint in the Superior Court seeking to foreclose
upon a residential or commercial mortgage. A creditor shall not include
the state, a political subdivision of the state, or a state, county,
or local government entity, or their agent or assignee, such as the
servicer.
[Added 12-15-2022 by Ord.
No. 2022-18]
Any law enforcement officer, building official, zoning officer,
code enforcement officer, fire inspector or building inspector, or
other person authorized by Lumberton Township.
[Added 9-7-2023 by Ord. No. 2023-08]
Includes 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 (P.L. 2008,
c. 127, § 17, as amended by P.L. 2009, c. 296, and P.L.
2012, c. 70, and P.L. 2014, c. 35), or any other entity determined
by the Township to have authority to act with respect to the property.
A building, structure, property or unimproved land that is
unoccupied or not legally occupied and either subject to a violation
issued pursuant to Section 3 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s3)
or satisfies at least two of the following conditions:
[Amended 12-15-2022 by Ord. No. 2022-18]
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, representatives of
a common-interest community association, or government employees indicating
that the residence is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
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;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
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, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation,
including but not limited to any property meeting the definition of
"abandoned property" in N.J.S.A. 55:19-80; provided, however, that
any property where all building systems are in working order, where
the building and grounds are maintained in good order and where the
building is in habitable condition and where the building is being
actively marketed by its owner for sale or rental, shall not be deemed
a vacant property for purposes of this article.
[Added 9-7-2023 by Ord. No. 2023-08]
A.
The Township of Lumberton shall create and maintain a registry of
all commercial and/or residential properties within the Township boundary
for which a summons and complaint in an action to foreclose has been
filed with the Superior Court of New Jersey, pursuant to its authority
granted by P.L. 2021, c. 444.[1] This registry will be formed and maintained to assist
the Township with regulating the maintenance, security, and upkeep
of properties which may become vacant or abandoned during the foreclosure
process, in order to prevent the deleterious effects of blight associated
with vacant and abandoned properties that are not maintained.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
B.
The Township of Lumberton may, at its discretion, create, maintain,
and administer this registry independently, retain the professional
services of a third party pursuant to Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq., or participate in a shared services agreement
with other local units, counties, and/or County Improvement Authorities
for creation maintenance, and administration of the registry pursuant
to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1
et seq.
C.
Any third parties retained to create, maintain, and/or administer
the registry shall have the authority, on behalf of the Township to:
D.
Any third parties retained to create, maintain, and/or administer
shall be required to comply with the following reporting and repayment
requirements:
(1)
Any and all amounts collected by the third party as part of
its administration of the Township's registry, including registration
fees, interest, and penalties, shall be paid, in full directly to
the Township of Lumberton, not less than once per year, or as otherwise
directed by the Township. No fees, payment, expenses, or other deductions
shall be made from this payment; payment for any third party's
services under this article shall be made by the Township directly
to the third party, under the terms and conditions outlined within
the contract for professional services.
(2)
Not less than once per year on the first business day of each
calendar year, or as otherwise may be requested by the Tax Collector,
any third party administering the Township's registry shall file
with the Tax Collector a certification identifying:
(a)
The address, block, lot and contact information of any property
for which registration fees under this article are due and owing at
the time of the certification;
(b)
The amount of the registration fees, and separately, any interest,
fines, and other penalties due and owing at the time of the certification;
and
(c)
The date on which the property became eligible for inclusion
on the Township's registry.
E.
The Township Administrator or his or her designee shall serve as
the municipal official responsible for notifying creditors, establishing
and maintaining the registry, determining eligibility for designation
as a vacant and abandoned property under this article, and for imposing
fees, penalties, and/or violations. The responsibilities herein may
be designated to a third party, pursuant to the terms and conditions
of a contract for professional services consistent with P.L. 2021,
c. 444.[3]
[3]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
[Amended 12-15-2022 by Ord. No. 2022-18; 9-7-2023 by Ord. No. 2023-08]
A.
Within 30 days of the effective date of this article, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Township: (i) prior to the effective date of this article, and (ii) which is pending as of the effective date of this article, shall provide notice in accordance with Subsection B of this section.
B.
Notice.
(1)
Within 10 days of filing a summons and complaint with the New Jersey
Superior Court in an action to foreclose on a commercial and/or residential
mortgage for a property located within the Township, the creditor
shall notify the Township Clerk, or his/her designee, of the action.
Such notice shall include:
(a)
The address, block and lot of the subject property;
(b)
The date the summons and complaint in an action to foreclose
on a mortgage was filed against the subject property, the court in
which it was filed, and the docket number of the filing;
(c)
Whether the property is vacant and abandoned in accordance with
the definition in this article;
(d)
The full name, address, and telephone number for the representative
of the creditor who is responsible for receiving notice of complaints
of property maintenance code violations;
(e)
The full name, address, and telephone number of any persons
or entity retained by the creditor or a representative of the creditor
to be responsible for any care, maintenance, security, or upkeep of
the property; and
(f)
If the creditor is out of state, the full name, address, and
telephone number of an in-state representative or agent who shall
be responsible for any care, maintenance, security, or upkeep of the
property, and for receiving notice of complaints of property maintenance
and code violations.
(2)
The notice requirements herein represent a continuing obligation
throughout the pendency of the foreclosure action. After initial notice
to the Township, creditors subject to the notice requirement shall
update the Township's foreclosure property registration program
within 10 days of any change in the information contained in the original
or any subsequent notices.
C.
Creditors of any commercial and/or residential mortgage required
to notify the Township pursuant to this section shall:
(1)
Register the property with the Township's foreclosure property
registration program as a property in foreclosure within 30 days of
notifying the Township.
(2)
Be subject to the registration fee, notice requirements, and penalties
for noncompliance established within this article.
(3)
Update the property registration within 10 days of any change in
the information contained in the original notice to the Township.
(4)
If an out-of-state creditor, appoint an in-state representative or
agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Township.
(5)
Within 10 days of the property becoming vacant, as defined in this
article, at any time during the pendency of the foreclosure action,
the creditor shall:
(a)
Assume responsibility for the care, maintenance, upkeep, and
security of the exterior of the property;
(b)
Secure the property against unauthorized entry;
(c)
Post a sign on the inside of the property, visible to the public,
containing the name, address, and telephone number of the creditor,
or an out-of-state creditor's in-state representative or agent,
for the purpose of receiving service of process;
(d)
Acquire and maintain a vacancy insurance policy which covers
any damage to any person or property caused by any physical condition
of the property while registered with the Township's property
registration program;
(e)
Provide proof, within 10 days of receiving a request by the
Township or its designee, that the above conditions have been satisfied;
(f)
Cure any violations of the above requirements within 30 days
of receiving a notice of violation, or if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice;
D.
If at any time the creditor is deemed to be in violation of the above
requirements, and/or if the property is deemed to be in violation
of any other applicable local or state maintenance, health, or safety
codes, the Code Official or his/her designee shall notify the creditor
using the contact information provided in the property registry established
by this article.
E.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety, and welfare, the enforcement officer
may temporarily secure the property at the expense of the mortgagee
and may bring the violations before a court of competent jurisdiction
as soon as possible to address the conditions of the property.
F.
Any enforcement officer or any person authorized by the Township
to enforce the sections herein 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 article.
The owner of any vacant property registered under this article
shall provide access to the Township to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes upon reasonable notice to the property owner or the designated
agent. Such inspections shall be carried out on weekdays during the
hours between 9:00 a.m. and 4:00 p.m. or at such other time as may
be mutually agreed upon between the owner and the Township.
A.
An owner who meets the requirements of this section with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
B.
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 purposes of this section until the owner notifies the Township
in writing of a change of authorized agent or until the owner files
a new annual registration statement.
C.
Any owner who fails to register vacant property under the provisions
of this article shall be deemed to consent to receive, by posting
on the building in plain view, and by service of notice at the last
known address of the owner of the property on record within the Township
by regular and certified mail, any and all notices of code violations
and all process in an administrative proceeding brought to enforce
code provisions concerning the building, including, but not limited
to, enforcement of this section.
[Amended 12-5-2019 by Ord. No. 2019-17; 12-15-2022 by Ord. No. 2022-19]
In addition to the registration of the property pursuant to
this section, the owner of any building that has become vacant property
and any person maintaining or operating or collecting rent for any
such building that has become vacant shall within 30 days of the inception
of any vacancy:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code, or as set forth
in the rules and regulations supplementing those codes;
B.
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent 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 protected from the weather
by plastic covering and be of a size and placed in such a location
so as to be visible and legible to a person standing at the front
door of the main building, but shall be no smaller than eight inches
by 10 inches;
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.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from trash, debris, loose litter, and grass and weed growth;
E.
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete; and
F.
Maintain liability insurance on the property in an amount not less
than $500,000 per incident.
G.
If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if a residential property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property but prior to vesting of title in the operator or any other third party, and the property is found to be a nuisance and/or in violation of any of the provisions of this article, the Code Enforcement Officer shall notify the owner/creditor, which shall have the responsibility to abate the nuisance and/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 this article. The Township 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 operator's receipt of the notice for the operator to remedy the violation. If the owner/creditor fails to remedy the violation within that time period, the Township may impose penalties allowed for such violations pursuant to § 220-7 of this article.
[Added 12-15-2022 by Ord.
No. 2022-18]
[Amended 12-15-2022 by Ord. No. 2022-18]
A.
An out-of-state creditor subject to the notice and registration requirements
of this chapter found to be in violation of the requirement to appoint
an in-state representative or agent shall be subject to a fine of
$2,500 for each day of the violation. The violation shall be deemed
to commence on the day after the creditor's initial ten- or thirty-day
requirement to notify the Township of applicable foreclosure actions.
B.
A creditor subject to the notice and registration requirements of
this chapter found to be in violation of any other section of this
chapter shall be subject to a fine of $1,500 for each day of the violation.
The violation shall be deemed to commence on the 31st day following
the creditor's receipt of a notice of violation, or if deemed to present
an imminent threat to public health and safety, on the 11th day following
the creditor's receipt of such notice.
C.
If the Township expends public funds in order to abate a nuisance
or correct a violation on a commercial property in situations in which
the creditor was given notice pursuant to this chapter but failed
to abate the nuisance or correct the violation as directed, the Township
shall have the same recourse against the creditor as it would have
against the owner of the property, including but not limited to the
recourse provided under N.J.S.A. 55:19-100 et seq.
D.
For all other provisions of this article, any owner, operator or
occupant who or which shall violate any of the provisions of this
article shall, upon conviction in the Lumberton Township Municipal
Court or any such other court having jurisdiction, be sentenced to
a fine not exceeding $1,000 or imprisonment for a term not exceeding
30 days, or both. Each day that a violation occurs shall be deemed
a separate offense and subject to the penalty provisions of this chapter.
E.
For purposes of this article, failure to file a registration statement under § 220-2 within 30 calendar days after a building becomes 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 of such provisions contained herein, shall be deemed to be violations of this article.
F.
Not less than 20% of any money collected pursuant to this article
shall be utilized by the Township for municipal code enforcement purposes.
