[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim 8-6-2015 by Ord.
No. 07-15. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 116.
Certificate of continued occupancy — See Ch. 121.
Uniform construction codes — See Ch. 127.
Fire prevention — See Ch. 183.
Housing standards — See Ch. 222.
Littering — See Ch. 246.
Peace and good order — See Ch. 294.
Property maintenance — See Ch. 310.
Rental property registration — See Ch. 319.
Zoning — See Ch. 525.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, persons or entity who is not the owner, who has
charge, care and control of a premises or part thereof, with or without
the knowledge, consent or authority of the owner. "Operator" shall
also include a creditor, as defined in P.L. 2014, c. 5,[1] that has served a notice of intention to foreclose on
a mortgage on a residential property pursuant to P.L. 19101, c. 244,[2] and that property has become vacant after the filing of
this intention to foreclose.
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), or any other
entity determined by the Borough of Mount Ephraim to have authority
to act with respect to the property.
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, or 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 chapter.
The owner and/or operator of any vacant property, as defined
herein, shall, within 30 calendar days after the building becomes
vacant property or within 30 calendar days after assuming ownership
of the vacant property, whichever is later, or within 10 calendar
days of receipt of notice by the municipality, file a registration
statement for such vacant property with the Borough Clerk on forms
provided by the Borough for such purposes. Failure to receive notice
by the Borough shall not constitute grounds for failure to register
the property.
A.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
B.
The registration statement shall include the name, street address,
telephone number and e-mail address (if applicable) of a person 21
years or older, designated by the owner and/or operator or owner and/or
operators as the authorized agent for receiving notices of code violations
and for receiving process in any court proceeding or administrative
enforcement proceeding on behalf of such owners and/or operators in
connection with the enforcement of any applicable code, and the name,
street address, telephone number and e-mail address (if applicable)
of the firm and the actual name(s) of the firm's individual principal(s)
responsible for maintaining the property. The individual or 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.
C.
The registration shall remain valid for one year from the date of registration, except for the initial registration time, which shall be prorated through December 31. The owner and/or operator shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in § 406-3 for each vacant property registered.
D.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
E.
The owner and/or operator shall notify the Borough Clerk within 30
calendar days of any change in the registration information by filing
an amended registration statement on a form provided by the Borough
Clerk for such purpose.
F.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owners and/or
operators of the building.
The owner and/or operator of any vacant property registered
under this chapter shall provide access to the Borough to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
and/or operator or the designated agent. Such inspections shall be
carried out on weekdays during the hours of 8:00 a.m. and 4:00 p.m.,
or such other time as may be mutually agreed upon between the owner
and/or operator and the Borough.
A.
An owner who meets the requirements of this chapter 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 Borough
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 chapter shall further 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 Borough
of Mount Ephraim 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.
The owner and/or operator 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
thereof:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Borough Code or as set forth in
the rules and regulations supplementing those codes; and
B.
Post a sign affixed to the building indicating the name, address and telephone number of the owner and/or operator, the owner and/or operator's authorized agent for the purpose of service of process (if designated pursuant to § 406-5 above), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner and/or operator holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches; and
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; and
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; and
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
or is demolished or until repaid and/or rehabilitation of the building
is complete.
F.
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 operator'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 chapter, the Code Enforcement Officer shall notify the operator, 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 chapter. The Borough 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 operator fails to remedy the violation within that time period, the Borough may impose penalties allowed for such violations pursuant to § 406-8 below.
A.
A creditor, as defined in P.L. 2014, c.5,[1] 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.
[1]
Editor's Note: See N.J.S.A. 46:10B-51
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 Mount Ephraim 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 this chapter 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 Borough Clerk 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 Mount Ephraim 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 Borough Clerk 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 § 406-7 above, any owner, operator or occupant who or which shall violate any of the provisions of this chapter shall, upon conviction in the Mount Ephraim Municipal Court or any such other court having jurisdiction, be subject to the penalty provisions contained in Chapter 305, Penalties. Each day that a violation occurs shall be deemed a separate offense and subject to the penalty provisions of this chapter.[1]
B.
For purposes of this chapter, failure to file a registration statement
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 chapter.
