[Adopted 12-14-2016 by Ord. No. 2016-13; amended in its entirety 6-14-2017 by Ord. No. 2016-13]
A.Â
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.Â
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.Â
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.Â
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.
[Amended 11-9-2022 by Ord. No. 2022-08]
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:
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, or government employees
indicating that the property 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 due to the acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of 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 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;
A written statement issued by the mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
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.
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.
A borrower under a mortgage, who grants a lien or interest
in residential property as security for the payment of a debt.
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]
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).
The process by which a mortgage is enforced against a parcel
of real property.
A person, firm, or corporation holding a mortgage on a property.
A recorded lien or interest in real property to secure payment
of a loan.
[Amended 11-9-2022 by Ord. No. 2022-08]
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.
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.
An owner, agent, local property manager, property maintenance
company or similar entity responsible for the maintenance of abandoned
real property.
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.
Anything constructed or erected, the use of which requires
location on or attachment to the ground and includes buildings.
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.Â
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.Â
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.Â
Fees.
[Amended 11-9-2022 by Ord. No. 2022-08]
(1)Â
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.
D.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
This article shall take effect immediately upon final passage
and publication in accordance with law.
