[Adopted 12-14-2016 by Ord. No. 2016-13; amended in its entirety 6-14-2017 by Ord. No. 2016-13]
A. 
It is the purpose and intent of the Township to establish a process to address the increasing amount of vacant, abandoned, or otherwise distressed, foreclosed real property located within the Township, and to identify, regulate, limit, and reduce the number of abandoned structures on foreclosed properties located within the Township.
[Amended 11-9-2022 by Ord. No. 2022-08]
B. 
The Township finds, determines, and declares that buildings which remain vacant and unoccupied for any appreciable period of time become, at a minimum, a harborage for rodents, an invitation for illegal occupancy and illegal activities, and a fire hazard. Unkempt grounds surrounding the property invite dumping and rubbish thereon, and such buildings become dilapidated, contributing to residential blight, depressing market values of surrounding property, and requiring additional government services. Unsupervised vacant, abandoned, and foreclosed properties have a negative impact on surrounding properties and neighborhoods. Owners of such structures and properties should be held accountable for the physical condition of the property.
C. 
This article establishes responsibilities of owners of the vacant, abandoned, and foreclosed properties and structures and provides for administration and enforcement of standards related to such party and structures. This article incorporates the International Property Maintenance Code (New Jersey State Uniform Construction Code) and all applicable federal, state, and local building and fire codes. This article shall apply to all vacant, abandoned, and foreclosed real property and structures within the Township of Oldmans.
D. 
It is in the public interest for the Township to impose a fee in conjunction with registration of vacant, abandoned, and foreclosed real property structures in light of the disproportionate costs imposed on the Township by the presence of these properties.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY
[Amended 11-9-2022 by Ord. No. 2022-08]
A. 
Vacant property is defined in this article as any real property that is a structure on the property that has not been legally occupied by a mortgagor or tenant for 30 or more days and meets at least two of the following criteria:
(1) 
Overgrown or neglected vegetation;
(2) 
The accumulation of newspapers, circulars, flyers, or mail on the property;
(3) 
Disconnected gas, electric, or water utility services to the property;
(4) 
The accumulation of hazardous, noxious or unhealthy substances or materials on the property;
(5) 
The accumulation of junk, litter, trash, or debris on the property
(6) 
The absence of window treatments such as blinds, curtains, or shutters;
(7) 
The absence of furnishings and personal items;
(8) 
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
(9) 
Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
(10) 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
(11) 
A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to the acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of property;
(12) 
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;
(13) 
The mortgagor or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
(14) 
A written statement issued by the mortgagor expressing the clear intent of all mortgagors to abandon the property; or
(15) 
Any other reasonable indicia of abandonment.
B. 
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, the foreclosure action has been dismissed, and any default on the mortgage has been cured.
APPLICABLE CODES
Includes, but shall not be limited to, the Township's Zoning Code, the Township's Code of Ordinances (Township Code), and the New Jersey Building Code.
BORROWER
A borrower under a mortgage, who grants a lien or interest in residential property as security for the payment of a debt.
CREDITOR
Mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court of New Jersey seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose upon the residential or commercial mortgage changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor for purposes of this article.
[Added 11-9-2022 by Ord. No. 2022-08]
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector or building inspector, or other person authorized by the Township to enforce the applicable code(s).
FORECLOSURE
The process by which a mortgage is enforced against a parcel of real property.
LENDER
A person, firm, or corporation holding a mortgage on a property.
MORTGAGE
A recorded lien or interest in real property to secure payment of a loan.
OWNER
[Amended 11-9-2022 by Ord. No. 2022-08]
A. 
An individual, partnership, association, corporation, company, titleholder, fiduciary or their legal entity having a legal equitable title or any interest in any real property. Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant and/or abandoned property, any foreclosing entity that has filed a notice with the Municipal Clerk pursuant to the provisions of N.J.S.A. 46:10B-51, or any other entity determined by the Township of Oldmans to have authority to act with respect to the property.
B. 
Any person, legal entity or other party having any ownership interest, whether legal or equitable, in real property. This term shall also apply to any person, legal entity or agent responsible for the construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
An owner, agent, local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
SAFETY AND MAINTENANCE INSPECTION
A visual inspection to check compliance with requirements as set forth in the International Property Maintenance Code, for sanitary maintenance, lifesafety, and other hazards and code violations. Such inspections will be done in accordance with a checklist maintained by the Township Construction Office.
STRUCTURE
Anything constructed or erected, the use of which requires location on or attachment to the ground and includes buildings.
VACANT PROPERTY
An unimproved lot or parcel of real property that is not currently used or occupied and an improved lot or parcel to real property with at least one building or structure that is not currently used or occupied. The registration requirements are not intended to apply to parcels of property in their natural state and not subject to development approvals; however, any other property maintenance standards shall otherwise apply.
[Amended 11-9-2022 by Ord. No. 2022-08]
Any creditor serving a summons and complaint in an action to foreclose on a mortgage on property in the State of New Jersey shall, within 10 days of serving the summons and complaint, notify the Municipal Clerk and the Mayor or other chief executive officer of the municipality in which the property is located that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property. The notice shall contain the full name, address, and telephone number for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations and the full name and contact information for any person 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. The notice shall be provided by mail or electronic communication. In the event the creditor that has served a summons and complaint in an action to foreclose on a property that is located out of state, the notice shall also contain the full name, address, and telephone number 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. If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to be provided in a notice following the filing of the summons and complaint, the creditor shall provide a notice to the applicable Municipal Clerk containing the updated name, address, or telephone number within 10 days of the change in that information.
A. 
Registration pursuant to this section shall contain the name of the owner, the mortgagee and the server, the direct mailing address of the mortgagee and the server, a direct contact name and telephone number for both parties, facsimile number and e-mail address for both parties, the folio or tax number, and the name and twenty-four-hour contact telephone number of the property management company responsible for the security and maintenance of the property as well as 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 individual or a representative of the firm responsible for maintaining the property shall be available by telephone or in person on a twenty-four-hour per day, seven-day-per-week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
B. 
The property shall be posted with the name and twenty-four-hour contact telephone number of a property management company located within 75 miles of the subject property. The posting shall be no less than 18 inches by 24 inches and shall be of a seventy-two-point Arial font and shall contain, along with the name and twenty-four-hour contact number, the words: "THIS PROPERTY MANAGED BY AND TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street or secured to the exterior of the building structure facing the street to the front of the property so that it is visible from the street or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property, but not readily accessible to vandals. The local property management company shall inspect the property on a regular basis to determine if the property is in compliance with the requirements of this section.
C. 
Fees.
[Amended 11-9-2022 by Ord. No. 2022-08]
(1) 
The nonrefundable registration fee for each property that is required to be registered because a summons and complaint in an action to foreclose was filed by a creditor shall be $500 annually.
(2) 
An additional $2,000 per property annually will be assessed if the property is vacant or abandoned pursuant to § 115-8 when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to § 115-8.
D. 
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
E. 
Properties subject to this section shall remain under the annual registration requirement and the inspection, security and maintenance requirements of this section as long as they remain vacant or in default.
F. 
Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 business days of the change.
G. 
Failure to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this section is a violation of this article and shall be subject to enforcement and penalties.
H. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this article, the municipality may take the necessary action to ensure compliance and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.
I. 
All registration fees must be paid directly from the mortgagee, servicer, trustee, or owner. Third-party registration fees are not allowed without the consent of the Township and/or its authorized designee.
J. 
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
K. 
Properties subject to this section shall remain under the annual registration requirement and the inspection, security and maintenance standards of this section as long as they remain vacant or in default.
L. 
All fees applicable to this article may be revised by resolution of the Township Committee. Registration and inspection fees shall be paid at the time of submitting the registration affidavit. There shall also be a fee for the filing of any additional or new owner's affidavit, with such fee being set by resolution of the Township Committee. For properties that are not registered within the required time frame, an additional fee for the added cost of the Township's expenses in having to determine ownership, which may include, but is not limited to, title searches, shall be assessed and is immediately payable. The payment of all fees under this article is secured by a lien against the property, which may be placed on the tax roll for collection in the same manner and subject to the same interest and penalties applicable to delinquent special assessments.
A. 
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 of 9:00 a.m. and 4:00 p.m., or such other time as may be mutually agreed upon between the owner and the Township.
B. 
If the owner, lender or possessory lender has failed to secure the property and it has been secured by the Township, the Township or its contracted agent may reenter the structure to conduct necessary inspections to assure compliance with the requirements of this Code and to determine if there are emergency or hazardous health and safety conditions in existence.
[Amended 11-9-2022 by Ord. No. 2022-08]
A. 
Any out-of-state creditor who is found to be in violation of this article by the municipal court with jurisdiction over the Township of Oldmans, or by any other court of competent jurisdiction, for failure to appoint an in-state representative or agent pursuant to this article 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 in this article for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
B. 
A creditor subject to this article found to be in violation of this article by the municipal court with jurisdiction over the Township of Oldmans, or by any other court of competent jurisdiction, except for that set forth in § 115-12A above, 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 the receipt of the notice.
C. 
At least 20% of all monies collected pursuant to this section shall be utilized by the Township for code enforcement purposes.
Should any section, clause, sentence, phrase or provision of this article be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this article.
All prior ordinances or parts of ordinances inconsistent with this article are hereby repealed to the extent of such inconsistencies.