[Adopted 8-9-2016 by Ord.
No. 2016-11]
The purpose of this article is to create a regulation regarding
registration and maintenance of vacant and abandoned residential properties
in foreclosure in accordance with the provisions of P.L. 2014, c.
35.
As used in this article, the following terms shall have the
meanings indicated:
CREDITOR
Consistent with § 3 of P.L. 2008, c. 86, a state-chartered bank, savings bank, savings and loan
association or any credit union, any person required to be licensed
under the provisions of the New Jersey Residential Mortgage Lending
Act, and any entity acting on behalf of the creditor named
in the debt obligation, including but not limited to, servicers.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
Consistent with § 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73), residential real estate for which a notice of violation has been issued pursuant to §
260-5 of this article and Subsection b of § 1 of P.L. 2014, c.35. Where a notice of violation has not been issued pursuant to §
260-5 of this article and Subsection b of § 1 of P.L. 2014, c.35 residential property shall be deemed vacant and abandoned
where a mortgaged property is not occupied by a mortgagor or tenant
as evidenced by a lease agreement entered into prior to the service
of a notice of intention to commence foreclosure according to § 4
of the Fair Foreclosure Act, P.L. 1995, c. 244, 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, 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; and
O. Any other reasonable indicia of abandonment.
The duty of administering and enforcing the provisions of this
article is conferred upon the Municipal Clerk, construction official,
zoning officer, Borough police, and any other duly appointed representatives.