[Adopted 3-8-2017 by Ord.
No. 2017-10]
All registrable 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 Township of Waterford.
The requirements of this article shall be considered cumulative
to and not superseding or subordinate to any other law or provision
regarding the registration of vacant, deteriorated and/or abandoned
property, it being the express intent of the Township that the requirements
of this article shall be a further remedy available to the Township
in addition to any other applicable laws relating to same.
As used in this article, the following terms shall have the
meanings indicated, notwithstanding any meaning to the contrary elsewhere
in this chapter:
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.
The Code of the Township of Waterford, as it may be amended
from time to time, and any and all ordinances and/or resolutions adopted
by the Township which govern property maintenance and are not codified
therein, together with all other laws, rules and regulations of the
County of Camden and/or State of New Jersey applicable to construction,
maintenance and/or use of real property, including but not limited
to state and/or county construction, building and fire codes.
The sale of real property to an independent third-party purchaser,
who is unrelated to the transferor, for fair market value as determined
by an independent appraiser not hired or retained by the transferor.
The event, action and/or inaction, and the continuing situation
arising therefrom, where a mortgagor, owner and/or borrower has not
complied with any one or more terms of the mortgage encumbering the
mortgagor's property as said property is identified in the mortgage,
has not paid current all real property taxes and/or applicable municipal
charges, or has otherwise failed to comply with the provisions of
a loan or other agreement wherein the borrower has used the borrower's
real property as collateral therefor. For the purpose of this definition,
the term "mortgage" shall also mean and/or refer to the promissory
note executed with the mortgage and/or such other valid written evidence
of the debt as recognized by law.
Property located within the Township of Waterford upon which
is found any one or more of the following conditions:
Properties that have broken or severely damaged windows, doors,
walls or roofs which create hazardous conditions and/or encourage
trespassing; or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties; or
Properties cited under the property maintenance provisions of
the Waterford Township Code and/or as a public nuisance pursuant to
applicable laws; or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are so dilapidated,
deteriorated and/or so violative of basic property maintenance requirements
that they violate minimum health and safety standards.
Any police officer, Construction Code Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector or
other person authorized by the Township and/or the State of New Jersey
to enforce the applicable laws.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that a property
is vacant, including but not limited to overgrown and/or dead vegetation;
past-due utility notices and/or disconnected utilities; accumulation
of trash, junk or debris; abandoned vehicles, auto parts or automotive
materials; the absence of furnishings and/or personal items consistent
with habitation or occupancy; the presence of an unsanitary, stagnant
swimming pool; the accumulation of newspapers, circulars, flyers and/or
mail; statements by neighbors, passers-by, delivery agents or government
agents as to suspected vacancy; or the presence of boards over doors,
windows or other openings in violation of applicable laws.
The legal process by which a mortgagee or other creditor
terminates a property owner's ownership of and/or equitable right
of redemption in real property in order to obtain legal and equitable
title to the real property which was pledged as security for a debt.
This definition shall include, but is not limited to, public notice
of default, recording of a lis pendens, filing of a foreclosure complaint
in the Superior Court of New Jersey, delivery and recording of a deed
in lieu of foreclosure, sale of the real property to the foreclosing
mortgagee or creditor, entry of a judgment of foreclosure and/or all
other processes, activities and actions, by whatever name, associated
with the foreclosure process. For purposes of this article, the foreclosure
process shall not be deemed concluded until the property that is obtained
by the mortgagee, creditor and/or its designee by deed or judgment
of foreclosure or any other means is sold to a non-related bona fide
third-party purchaser in an arm's-length transaction.
A property management company located within 20 driving miles
of any municipal border of the Township or a non-local property manager
approved by the Township Administrator upon the Administrator's review
and consideration of reasonably reliable credentials.
The creditor identified in the mortgage documents as the
lender and/or financing institution which lent money to a property
owner thereunder and encumbered the property owner's real property
as collateral therefor, including but not limited to any trustees,
mortgage service companies, and/or any agent, servant, or employee
thereof, and/or any successor in interest or assignee of said mortgagee's
rights, interests or obligations under the mortgage agreement, which
assignment and/or transfer was made, in part, for the purpose of substituting
one mortgagee for another.
Any person, firm, corporation or their legal entity who or
which, individually or jointly with one or more others, holds the
legal or beneficial title to any real property located within the
Township.
A property manager, property maintenance company or similar
entity responsible for the maintenance and security of registrable
property and who has the authority to make decisions concerning maintenance
of said property and/or the abatement of nuisance conditions at the
property, including without limitation the authority to make expenditures
in connection therewith.
Any improved residential or commercial land located within
the Township limits, together with the buildings, fixtures, equipment
and leasehold improvements thereon and/or affixed thereto, or any
part or portion thereof, which is identified by a property parcel
and/or tax identification numbering system. For purposes of this chapter,
all developed lots are considered improved land.
Any and all real property located within the Township, whether
vacant or occupied, that satisfies any one or more of the following
criteria:
Is encumbered by a mortgage in default;
Is subject to an ongoing foreclosure action by a mortgagee or
other creditor;
Is subject to an application for a judgment of foreclosure by
a mortgagee or other creditor;
Is pending and/or scheduled for tax sale for unpaid property
taxes and/or other municipal charges;
Has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgagee or other creditor involved
in the foreclosure; and/or
Was transferred under a deed in lieu of foreclosure to the mortgagee
or other foreclosing creditor.
The designation of a defaulted mortgage/foreclosure property
as "registrable" shall remain in place until such time as the property
is sold to an unrelated bona fide third-party purchaser in an arm's-length
transaction or the foreclosure action has been dismissed and any default
on the mortgage and/or delinquencies in unpaid property taxes or other
municipal charges has been cured.
A property that contains a single-family rental dwelling
unit or multifamily rental dwelling units for use by residential tenants,
including but not limited to mobile homes, mobile home spaces, townhomes,
condominium unit(s) and/or apartments. A rental dwelling unit includes
property that is provided to an individual or entity for residential
purposes upon payment of rent or any other consideration in lieu of
rent, regardless of the nature of the relationship between lessor
and lessee.
The six-month period of registration commencing from the
date of the first action that required registration, as determined
by the Township and/or its designee, and including every subsequent
six-month registration period thereafter. The date of the initial
registration may be different than the date of the first action that
required registration.
The person, mortgagee, trustee and/or entity to which legal
title of real property is transferred as a result of a judgment of
foreclosure, sheriff's sale after foreclosure, deed in lieu of foreclosure,
non-arm's-length sale or transfer and/or any other type of nonarm's-length
transaction.
Any person who does not have the permission of the property
owner and/or property management company, as the case may be, to use,
reside in, live in or otherwise occupy, on a temporary or permanent
basis, any real property.
Any parcel of land situated within the Township that contains
any building or structure that is not lawfully occupied or inhabited
by human beings, as evidenced by the conditions set forth in the definition
of "evidence of vacancy" above, and/or which is occupied without a
valid, unexpired certificate of occupancy or other written authorization
for occupancy as may be required by applicable laws.
A.
Any mortgagee who holds a mortgage on real property located within
the Township shall perform an inspection of the property to determine
vacancy or occupancy immediately upon default by the mortgagor. The
mortgagee shall, within 10 days of the inspection, register the property
with the registrar on designated forms or in such other manner as
directed, and shall indicate thereon whether the property is vacant
or occupied. A separate registration is required for each property,
whether it is found to be vacant or occupied.
B.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, including the direct-dial
telephone number and direct e-mail address thereof, and a valid telephone
number and e-mail address for the mortgagee and the mortgagee's servicer,
if any, as well as the name and twenty-four-hour contact telephone/cellular
phone number of the local property management company responsible
for the property.
C.
Mortgagees who have existing registrable property on the effective
date of this article have 30 calendar days from the effective date
hereof to register the property as required herein and to indicate
whether the property is vacant or occupied. A separate registration
is required for each property, whether it is vacant or occupied.
D.
If the mortgage on the registrable property is sold or transferred,
other than via an arm's-length transaction, the new mortgagee and/or
transferee shall be subject to all of the requirements of this article
and, within five business days of such sale or transfer, the new mortgagee
shall register the property as required herein.
E.
If a mortgagee who obtains title to a registrable property as a result
of a foreclosure process subsequently sells or transfers the property,
other than via an arm's-length transaction, the transferee shall be
subject to all the requirements of this article and, within five business
days of the transfer, the transferee shall register the property as
required herein.
F.
As long as the property constitutes a registrable property as defined
herein it shall be the responsibility of the registered mortgagee,
independently or by and through a local property management company,
to inspect the property monthly. If an inspection shows a change in
the property's occupancy status, the mortgagee shall, within 10 days
of that inspection, update the occupancy status of the property with
the registrar.
G.
Every property registration required by this article shall be accompanied
by a nonrefundable semi-annual registration fee.[1] Notwithstanding anything else herein to the contrary,
every semi-annual registration shall terminate upon the sale or other
transfer of a registrable property such that the purchaser and/or
transferee thereof, other than an unrelated third-party purchaser
in an arm's-length transaction, shall pay a new semi-annual registration
fee at the time of the new purchaser's/transferee's registration of
the registrable property as otherwise required in this article. Any
previous unpaid semi-annual registration fees are the responsibility
of the new mortgagee or transferee and are due and payable with the
initial registration filed by same.
H.
All registration fees must be paid directly by and/or from the mortgagee,
transferee or other non-arm's-length purchaser of a registrable property
and cannot be paid by a third party on behalf thereof without the
express written consent of the Township.
I.
Properties subject to this article shall remain subject hereto, including
without limitation the semi-annual registration requirement, inspection,
security and maintenance standards of this article, for as long as
the property meets the definition of a registrable property.
J.
Until the mortgage or lien on a property registered under this article
is satisfied or legally discharged, the mortgagee's intent to no longer
pursue foreclosure as evidenced by any action in further thereof,
including without limitation the filing of a dismissal of lis pendens,
entry of a court order vacating a final judgment of foreclosure and/or
the dismissal or withdrawal of pending foreclosure proceedings, whether
voluntary or otherwise, shall not exempt any mortgagee from the obligation
to comply with all of the requirements of this article for any period
of time during which a property meets the definition of a registrable
property.
K.
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 date such change occurs.
L.
Failure of the mortgagee to properly register a registrable property,
or to fail to modify the registration as required herein to reflect
a change of circumstances, shall be deemed a violation of this article
and the mortgagee shall be subject to enforcement hereunder, including
any monetary penalties set forth in of this chapter.
M.
Pursuant to any administrative or judicial finding and/or determination
that any property is in violation of this article, the Township may
take any and all necessary action to ensure compliance with the applicable
laws and may place a lien on the property for the cost of any work
performed to bring the property into compliance with all applicable
laws.
Each and every property registered pursuant to the requirements
of this article shall be maintained by the mortgagee to the following
standards and/or conditions:
A.
The property shall be kept free of weeds, overgrown brush, dead vegetation,
trash, junk, debris, building materials, any accumulation of newspaper
circulars, flyers, notices (except those required by federal, state
or local laws and/or court orders), discarded personal items, including
but not limited to furniture, clothing and large or small appliances,
printed material or any other items that give the appearance that
the property is vacant.
B.
The property shall be maintained free of graffiti or similar markings,
which shall be removed or painted over with an exterior-grade paint
that matches the color of the exterior of the structure.
C.
The front, side, and rear yards of the property, including landscaping,
shall be maintained in accordance with all applicable laws.
D.
The mortgagee shall perform yard maintenance, including but not limited
to property and appropriate maintenance of grass, ground coverings,
bushes, shrubs, hedges or similar plantings so as to prevent overgrowth
thereof, including removal of all such trimmings, together with maintenance
of decorative rock or bark, artificial turf/sod and/or such other
items of hardscape designed specifically for residential installation.
Any overgrowth of weeds, grass, ground coverings, bushes, shrubs,
hedges and/or similar plantings and/or any accumulation of gravel,
broken concrete, asphalt or similar material shall not be considered
proper yard maintenance as required hereunder.
E.
The mortgagee shall perform standard and/or routine year-round maintenance,
including, but not limited to, maintaining, repairing and winterizing
existing irrigation systems, pools and spas. Pools and spas shall
be maintained so the water remains free and clear of pollutants and
debris and complies with all applicable Department of Health regulations
and any other applicable laws.
F.
The mortgagee shall further comply with any property maintenance
requirements set forth in all other applicable laws.
All registrable properties shall be maintained in a secure manner
so as not to be accessible to unauthorized persons, in accordance
with the following minimum standards:
A.
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 any unauthorized person to access the interior of the
property or structure. Broken windows, doors, gates and other openings
of such size that may allow any unauthorized person to access the
interior of the property or structure must be repaired. Broken windows
shall be secured by re-glazing of the window.
B.
If a property is registrable, and the property has become vacant
or deteriorated, a local property manager shall be designated by the
mortgagee or owner to perform the work necessary to bring the property
into compliance with all applicable laws, and the property manager
must perform regular inspections to verify continued compliance with
the requirements of this article and any other applicable codes.
Compliance with the registration, maintenance and security requirements
of this article does not relieve any person, legal entity or agent
thereof from any other obligations set forth in any applicable laws
which may apply to the property and/or govern the use thereof.
A.
Regardless of whether a registrable property has been properly registered
as required in this article, if the enforcing officer has reason to
believe that a registrable property is posing a serious threat to
the public health, safety and welfare, the enforcing officer may temporarily
secure the property at the expense of the mortgagee or owner, and/or
may issue such notices of violation and/or summonses as may be necessary
to ensure the conditions of the property are addressed as soon as
possible.
B.
In addition to any other powers, the enforcing officer may implement
additional maintenance and/or security measures, including but not
limited to securing any and all doors, windows or other openings,
employment of an on-site security guard and/or other similar measures
as may be reasonably required to help prevent further decline of the
property.
C.
If the enforcing officer finds that the condition of a registrable
property is posing a serious threat to the public health, safety and
welfare, then the Township, upon notice to the mortgagee and/or owner,
may abate the violations and charge the costs of such abatement to
the mortgagee and/or owner.
D.
If the mortgagee or owner does not reimburse the Township for the
cost of temporarily securing the property and/or the costs associated
with any abatement undertaken by the Township as permitted herein,
within 30 days of the date the Township sent the mortgagee or owner
the invoice therefor, then the Township may assess a lien against
the property in the manner provided by applicable laws for such costs,
along with the Township's administrative costs associated with same.
In addition to filing a lien, the Township can pursue reimbursement
from the mortgagee or owner and/or seek and enforce such other penalties
as may be contemplated herein.
Whoever opposes, obstructs or resists any enforcing officer
in the discharge of his/her duties as provided in this article shall
be punishable as provided by the applicable laws, which action shall
be cognizable in the Municipal Court of the Township or such other
court of competent jurisdiction as may be applicable.
Every enforcing officer and such other persons authorized by
the Township to implement and/or enforce the provisions of this article
shall be immune from prosecution, whether civil or criminal, for his/her
reasonable, good faith entry upon real property while in the discharge
of the duties imposed by this article.
A.
Violations. It shall be a violation of this article and shall be
unlawful for any mortgagee and/or owner to:
B.
Enforcement. The requirements of this article may be enforced as
follows:
(1)
By an action for injunctive relief, civil penalties, or both, through
a court of competent jurisdiction;
(2)
By revocation or temporary suspension of necessary permits and/or
certificates of occupancy and/or licenses related to occupancy and/or
use of real property;
(3)
By the nuisance abatement process and/or property maintenance enforcement
process established in the Code of the Township of Waterford;
(4)
By issuance of a citation or notice of violation in accordance with
any applicable laws; and
(5)
By any other process as may be permitted by law or in equity.
C.
All such remedies cognizable in and/or subject to the jurisdiction
of the Waterford Township Municipal Court shall be subject to a fine
of up to $1,000 for each offense.
D.
Separate offenses. Each violation of this article shall constitute
a separate offense for each day that such violation continues or reoccurs.
Each condition which exists in violation of this article is a separate
violation.
E.
Use of one enforcement process or theory shall not preclude the Township
from seeking the same, different, or additional relief through other
enforcement methods provided for herein at any time in the present
or future.
F.
Persons responsible for violations. The owner, mortgagee, trustee
or servicer, as those terms are defined in this article, and their
duly authorized officers, employees or agents employed in connection
therewith who have assisted in the commission of a violation or failed
to perform such actions as are required herein, shall be liable for
and/or subject to being found guilty of such violation.
