[Adopted 2-18-2016 by Ord. No. 2016-01]
It is the purpose and intent of the municipality to establish
a process to address the deterioration and blight of municipality
neighborhoods caused by an increasing amount of abandoned, foreclosed
or distressed real property located within the municipality, and to
identify, regulate, limit and reduce the number of abandoned properties
located within the municipality. It is the municipality's further
intent to participate in the county-wide registration program established
by the Atlantic County Improvement Authority and administered by Community
Champions Corporation as a mechanism to protect neighborhoods from
becoming blighted due to the lack of adequate maintenance and security
of abandoned and foreclosed 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:
Any real property located in the municipality, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending Tax Assessors' lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure.
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.
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
To include, but not be limited to, the municipality's Zoning
Code,[1] the municipality's Code of Ordinances ("municipality Code"),
and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the municipality
Code; or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lacks maintenance
as required by the municipality and Zoning Codes.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the municipality to enforce the applicable
code(s).
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.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property pursuant to
section 17 of P.L. 2008, c. 127 (C. 46:10B-51).
[Added 5-26-2022 by Ord. No. 2022-08]
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
[Added 5-26-2022 by Ord. No. 2022-08]
Any building or structure that is not legally occupied.
[Added 5-26-2022 by Ord. No. 2022-08]
Any residential or commercial building which is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, and at which at least two of the
following conditions exist:
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 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
For the purposes of this definition, a residential property
shall not be considered "vacant and abandoned" if, on the property:
There is an unoccupied building which is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations, and statutes;
There is a building occupied on a seasonal basis, but otherwise
secure; or
There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute.
In addition to the residential mortgage foreclosure procedures
set out in the "Fair Foreclosure Act," P.L. 1995, c. 244 (C. 2A:50-53
et seq.), a summary action to foreclose a mortgage debt secured by
residential property that is vacant and abandoned may be brought by
a lender in the Superior Court. In addition, a lender may, at any
time after filing a foreclosure action, file with the court, in accordance
with the Rules Governing the Courts of the State of New Jersey, an
application to proceed in a summary manner because the residential
property that is the subject of the foreclosure action is believed
to be "vacant and abandoned"; provided, however, that this section
shall not apply to a foreclosure of a timeshare interest secured by
a mortgage.
Lenders.
In addition to the service of process required by the Rules
of Court, a lender shall establish, for the entry of a residential
foreclosure judgment under this definition, that a process server
has made two unsuccessful attempts to serve the mortgagor or occupant
at the residential property, which attempts must be at least 72 hours
apart, and during different times of the day, either before noon,
between noon and 6:00 p.m., or between 6:00 p.m. and 10:00 p.m.
In addition to any notices required to be served by law or the
Rules of Court, a lender shall, with any order to show cause served
as original service of process or a motion to proceed summarily, serve
a notice that the lender is seeking, on the return date of the order
to show cause, or on the date fixed by the court, to proceed summarily
for entry of a residential foreclosure judgment because the property
is vacant and abandoned.
When a property is deemed vacant and abandoned as herein defined,
a lender shall not be required to serve the debtor with the notice
to cure required by section 6 of the "Fair Foreclosure Act," P.L.
1995, c. 244 (C. 2A:50-58).
Courts.
The court may enter a final residential mortgage foreclosure judgment under this definition upon a finding, (a) by clear and convincing evidence, that the residential property is vacant and abandoned as defined under Subsection A of this definition, and (b) that a review of the pleadings and documents filed with the court, as required by the Rules of Court, supports the entry of a final residential mortgage foreclosure judgment.
A final residential mortgage foreclosure judgment under this
definition shall not be entered if the court finds that:
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the municipality above and beyond any
other state, county or local provisions for same.
[Amended 5-26-2022 by Ord. No. 2022-08]
Pursuant to the provisions of § 179-9, the City of Ventnor shall designate a third party to create the registration program cataloging each abandoned property within the municipality, containing the information required by this chapter. The City of Ventnor will enter into a shared services agreement with the ACIA (Atlantic County Improvement Authority) and its vendor to establish and maintain said registry.
A.
Any mortgagee who holds a mortgage on real property located within
the municipality of Ventnor City shall perform an inspection of the
property to determine vacancy or occupancy, upon a filing of a summons
and complaint. The mortgagee shall, within 10 days of the inspection,
register the property with the Division of Code Enforcement, or designee,
on forms or website access provided by the municipality, and indicate
whether the property is vacant or occupied. A separate registration
is required for each property, whether it is found to be vacant or
occupied.
[Amended 5-26-2022 by Ord. No. 2022-08]
B.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until:
(1)
The mortgagor or other party remedies the default; or
(2)
It is found to be vacant or shows evidence of vacancy at which time
it is deemed abandoned, and the mortgagee shall, within 10 days of
that inspection, update the property registration to a vacancy status
on forms provided by the municipality.
C.
Registration pursuant to this section shall contain the name of 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.
D.
A nonrefundable annual registration fee in the amount in the amount set forth in Chapter 114, Fee Schedule, per property shall be collected as a pass through fee to the designated third party administrator (per the state legislation enacted on January 18, 2022) per property shall accompany the website registration.
[Amended 4-28-2022 by Ord. No. 2022-004; 5-26-2022 by Ord. No. 2022-08]
E.
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 municipality and/or its authorized designee.
F.
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.
G.
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.
H.
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 days of the change.
I.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this article is a violation of the
article and shall be subject to enforcement.
J.
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 with and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance.
K.
A creditor
located out-of-state shall be responsible for appointing an in-state
representative or agent to act for the foreclosing creditor.
[Added 5-26-2022 by Ord. No. 2022-08]
L.
A property
shall be considered vacant and abandoned if it is not legally occupied
by a mortgagor or tenant, which is in such condition that it cannot
be legally reoccupied, because of the presence of at least two of
the following:
[Added 5-26-2022 by Ord. No. 2022-08]
(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 acts of vandalism, loitering, criminal
conduct, or the physical destruction or deterioration of the 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 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;
(14)
A written statement issued by a mortgagor expressing the clear intent
of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
A.
Properties subject to this article shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable code(s) and issuance of
a summons where the fine shall not exceed $1,500 in accordance with
the Ventnor City Code. Pursuant to a finding and determination by
the Ventnor Enforcement Official, or a court of competent jurisdiction,
Ventnor Township may take the necessary action to ensure compliance
with this section.
[Amended 4-28-2022 by Ord. No. 2022-004; 5-26-2022 by Ord. No. 2022-08]
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a complaint and summons has been filed, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this article, and any other applicable laws.
[Amended 5-26-2022 by Ord. No. 2022-08]
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the municipality.
[Amended 4-28-2022 by Ord. No. 2022-004; 5-26-2022 by Ord. No. 2022-08]
A.
Any person,
firm or corporation which shall violate any provision of this chapter
shall, upon conviction thereof, be subject to a fine of not less than
$1,500, imprisonment for not more than 90 days, and/or a period of
community service for not more than 90 days, as determined by the
court. Each day that a violation continues shall be deemed a separate
offense.
B.
In addition to the penalties set forth above, any person who shall violate the provisions of this article may be cited and fined as provided in Chapter 86 (which incorporates the provisions of Chapters 89, 98, 110, 122, 132, 138, 158, 178 and 197) of the municipality of Ventnor City Code of Ordinances and New Jersey Statutes, N.J.S.A. 55:19-78 et seq.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s), and the owner shall be responsible for
meeting with the municipality's Code Enforcement Division within 45
days for a final courtesy inspection report.
A.
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 Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the municipality's
Code Enforcement Board or Code Enforcement Special Magistrate as soon
as possible to address the conditions of the property.
B.
The Code Enforcement Board or Hearing Officer/Special Magistrate
shall have the authority to require the mortgagee and/or owner of
record of any property affected by this section to implement additional
maintenance and/or security measure, including, but not limited to,
securing any and all doors, windows or other openings, employment
of an on-site security guard or other measures as may be reasonably
required to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Board or Special Magistrate may direct the municipality
to abate the violations and charge the mortgagee with the cost of
the abatement.
D.
If the mortgagee does not reimburse the municipality for the cost of temporarily securing the property, or of any abatement directed by the Code Enforcement Board or Special Magistrate, within 30 days of the municipality sending the mortgagee the invoice, then the municipality may lien the property with such cost, along with an administrative fee in the amount set forth in Chapter 114, Fee Schedule, to recover the administrative personnel services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this article shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the municipality
to enforce the sections here within 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.
