As used in this article, the following terms shall have the
meanings indicated:
CREDITOR
A state-chartered bank, savings 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, servicers.
PROPERTY
Any portion of improved or unimproved real estate located
within the Township of Marlboro which includes the buildings or structures
or portions thereof located on it regardless of condition.
VACANT AND ABANDONED 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 Section E(2) and Subsection b. of Section 1 of P.L. 2014,
c. 35 (N.J.S.A. 40:48-2.12s), residential property shall 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, 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.
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 and Code Enforcement Officer on forms provided by the Township
for such purposes. Any failure to receive notice from the Township
shall not constitute grounds for failing to register the vacant and
abandoned 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:
(1) The 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;
(2) 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 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 creditor shall be required to renew the registration annually as long as the building remains a vacant property or a portion thereof remains vacant and shall pay a registration or renewal fee in the amount prescribed in §
278-22 of this article, for each vacant property registered. The creditor 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 §
278-22 of this article, 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 creditor shall notify the Municipal Clerk and Code Enforcement
Officer within 30 calendar days of any change in the registration
information by filing an amended registration statement on a form
provided by the Code Enforcement Officer 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 Township against the creditor.
The initial registration fee for each building or portion thereof
shall be $500. The fee for the first renewal is $1,500, and the fee
for the second renewal is $3,000. The fee for any subsequent renewal
beyond the second renewal is $5,000.
Should any section, paragraph, sentence, clause or phrase of
this article be declared unconstitutional or invalid for any reason,
the remaining portions of this article shall not be affected thereby
and shall remain in full force and effect, and to that end the provisions
of this article are hereby declared to be severable.