[Adopted 12-9-2015 by Ord. No. 2015-13]
As used in this article, the following terms shall have the
meanings indicated:
CREDITOR
A state-chartered bank, savings and loan association or credit
union, any person or entity required to be licensed under the provisions
of the "New Jersey Residential Mortgage Act," P.L. 2009, c. 53 (N.J.S.A.
17:11C-51 et seq.), any foreclosing entity subject to the provisions
of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Section 17, as amended from
time to time) and any entity acting on behalf of the creditor named
in the debt obligation including, but not limited to, services.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
Consistent with Section 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73), residential real estate, where a notice of violation has been issued pursuant to §
249-4B and Subsection
B of Section 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s). Residential property shall further be deemed vacant and abandoned where a mortgaged property is not occupied by a mortgagor or tenant and at least two of the following conditions exist:
A.
Overgrown or neglected vegetation;
B.
The accumulation of newspapers, circulars, flyers or mail on
the property;
C.
Disconnected gas, electric, or water utility services to the
property;
D.
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
E.
The accumulation of junk, litter, trash or debris on the property;
F.
The absence of window treatments such as blinds, curtains or
shutters;
G.
The absence of furnishings and personal items;
H.
Statements of neighbors, association management, delivery persons,
or government employees indicating that the residence is vacant and
abandoned;
I.
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
J.
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
K.
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;
L.
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;
M.
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;
N.
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
O.
Any other reasonable indicia of abandonment.
[Added 7-19-2017 by Ord.
No. 2017-11]
A. A creditor filing a summons and complaint in an action to foreclose
on a vacant and abandoned property, or a creditor who has previously
filed a summons and complaint to foreclose on a residential property
which subsequently becomes vacant and abandoned, shall within 30 calendar
days after the building becomes vacant and abandoned or within 30
calendar days after assuming ownership of the vacant and abandoned
property, whichever is later; or within 10 calendar days of receipt
of notice from the Township, and annually thereafter, file a registration
statement for such vacant and abandoned property with the municipal
Clerk on forms provided by the Township for such purposes. Any failure
to receive notice by the Township shall not constitute grounds for
failing to register the vacant and abandoned property.
B. Each vacant and abandoned property having a separate block and lot
number as designated in the official Tax Maps of the Township shall
be registered separately.
C. The registration statement shall include name, street address, telephone
number, and email address (if applicable) of a person 21 years or
older, designated by the creditor 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
creditor in connection with the enforcement of any applicable code.
D. The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the vacant and abandoned property. The individual
or representative of the firm responsible for maintaining the vacant
and abandoned 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 must maintain
offices in the State of New Jersey or reside within the State of New
Jersey.
E. The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The creditor shall be required to renew registration annually as long as the building remains vacant and abandoned and shall pay a registration or renewal fee in the amount prescribed in Subsection
I of this section for each vacant and abandoned property registered.
F. 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.
G. The creditor shall notify the municipal clerk within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the municipal clerk for
such purpose.
H. 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 Township against the creditor.
I. Fee schedule. The initial registration fee for each vacant and abandoned
property under the provisions of this section shall be $500. The fee
for the first annual renewal shall be $1,000 and the fee for the second
annual renewal shall be $1,500. The fee for any subsequent annual
renewal beyond the second renewal shall remain $1,500.
(1)
Vacant Property Fee Schedule:
[Amended 3-28-2018]
Initial registration
|
$500
|
First renewal
|
$ 1,000
|
Second renewal
|
$ 1,500
|
Any subsequent renewal
|
$1,500
|
Initial/final inspection by a supervisor including a report
|
$200
|
Labor
|
$28 per hour
|
Z-turn mower
|
$28 per hour
|
Skid-steer with mower
|
$44 per hour
|
Backhoe/loader
|
$39 per hour
|
Single-axle dump truck
|
$31 per hour
|
Debris disposal fees
|
$80 per hour
|
The creditor shall post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to §
249-2B, and the person responsible for 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 of a size and placed in such a location as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches.
The duty of administering and enforcing the provisions of this
article is conferred upon the Municipal Clerk, Construction Official,
Zoning Officer, Board of Health, State Police, and any other duly
appointed representatives.