[Adopted 1-26-2016 by Ord. No. 1-2016]
It is the purpose and intent of the municipality to establish
a process to address the deterioration and blight of municipality
neighborhoods caused by an increasing amount of abandoned, foreclosed
or distressed property located within the municipality, and to identify,
regulate, limit and reduce the number of abandoned properties located
within the municipality. It is the municipality's further intent to
participate in the county-wide registration program established by
the Atlantic County Improvement Authority and administered by Community
Champions Corporation as a mechanism to protect neighborhoods from
becoming blighted due to the lack of adequate maintenance and security
of abandoned and foreclosed properties.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any property located in the municipality, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to a tax lien or pending sale of a tax sale certificate, has been
transferred to the lender under a deed in lieu of foreclosure/sale,
or has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgage involved in the foreclosure.
The designation of a property as "abandoned" shall remain in place
until such time as the property is sold or transferred to a new owner,
the foreclosure action has been dismissed, and any default on the
mortgage has been cured.
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.
To include, but not be limited to, the municipality's Land
Development Code, the Municipality Code, and the New Jersey Building
Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Municipality
Code; or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lack maintenance
as required by the Municipality and Zoning Codes.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the municipality to enforce the applicable
code(s).
Any person, legal entity or other party, including but not
limited to a mortgage servicer and/or trustee, having made and/or
holds a mortgage or loan that is secured by the abandoned real property
of the owner.
Any person, legal entity or other party having any ownership
interest whether legal or equitable, in property. This term shall
also apply to any person, legal entity or agent responsible for the
construction, maintenance or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the municipality above and beyond any
other state, county or local provisions for same.
Pursuant to the provisions of § 177-16, the municipality or designee shall participate in the county-wide registration program established by the Atlantic County Improvement Authority and administered by Community Champions Corporation cataloging each abandoned property within the municipality, containing the information required by this article.
A.Â
Any mortgagee who holds a mortgage on property located within the
municipality shall perform an inspection of the property to determine
vacancy or occupancy, upon default by the mortgagor. The mortgagee
shall, within 10 days of the inspection, register the property with
the Municipality Zoning and Code Enforcement Officer, or designee,
on forms or website access provided by the municipality, and indicate
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.Â
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until:
(1)Â
The mortgagor or other party remedies the default; or
(2)Â
It is found to be vacant or shows evidence of vacancy at which time
it is deemed abandoned, and the mortgagee shall, within 10 days of
that inspection, update the property registration to a vacancy status
on forms provided by the municipality.
C.Â
Registration pursuant to this section shall contain the name of the
mortgagee and the servicer, or trustee, the direct mailing address
of the mortgagee and servicer, or the trustee, a direct contact name
and telephone number for all parties, facsimile number and e-mail
address for all parties, the folio or tax number, and the name and
twenty-four-hour contact telephone number of the property management
company responsible for the security and maintenance of the property.
D.Â
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration.
E.Â
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the municipality and/or its authorized designee.
F.Â
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
G.Â
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
H.Â
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 change.
I.Â
Failure of the mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this article is a violation of the
article and shall be subject to enforcement.
J.Â
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the municipality
may take the necessary action to ensure compliance with and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance.
A.Â
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
B.Â
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.Â
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.Â
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.Â
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.Â
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.Â
Any conditions that render the property as a blighted property.
H.Â
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with Chapter 177 of the Municipality Code. Pursuant to a finding and determination by the Municipality Zoning and Code Enforcement Officer or a court of competent jurisdiction, the municipality may take the necessary action to ensure compliance with this section.
I.Â
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.Â
Properties subject to these sections shall be maintained in a secure
manner so as not to be an accessible property/structure to unauthorized
persons.
B.Â
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 a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.Â
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this article, and any other applicable laws.
All abandoned real 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 municipality.
Any person who shall violate the provisions of this article may be cited and fined as provided in Chapter 177 of the Municipality Code, the New Jersey Building Code and New Jersey Statutes. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the Municipality Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant Municipality Code section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within
|
$500
|
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s) or laws of the State of New Jersey, which may apply to the
property. Upon sale or transfer of title to the property, the owner
shall be responsible for all violations of the applicable code(s)
and the owner shall be responsible for meeting with the Municipality
Zoning and Code Enforcement Officer within 45 days for a final courtesy
inspection report.
A.Â
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the sole cost and expense of
the mortgagee and/or owner, and may bring the violations before the
court of competent jurisdiction as soon as possible to address the
conditions of the property.
B.Â
The court of competent jurisdiction shall have the authority to require
at the sole cost and expense of the mortgagee and/or owner of any
property affected by this section, the mortgagee and/or owner to implement
additional maintenance and/or security measure including, but not
limited to, securing any and all doors, windows or other openings,
employment of an on-site security guard or other measures as may be
reasonably required to help prevent further decline of the property.
C.Â
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Municipality Zoning and Code Enforcement Officer shall so advise the
municipality governing body of the threat and actions necessary to
abate the threat, and the municipality shall be authorized to take
all actions necessary to abate the threat and assess all costs and
expenses incurred as a result of such abatement to the mortgagee and/or
owner for immediate reimbursement.
D.Â
If the mortgagee and/or owner do not reimburse the municipality for
all costs and expenses of temporarily securing the property, or of
any abatement of serious threats to the public health, safety and
welfare found by the Municipality Zoning and Code Enforcement Officer,
within 30 days of the municipality sending the mortgagee and/or owner
the invoice, then the municipality shall be entitled to place a lien
on the property in the amount of such costs and expenses, together
with an administrative fee of $500 for administrative personnel services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or the laws of the State of New Jersey in
a court of competent jurisdiction.
Any enforcement officer or any person authorized by the municipality
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon property
while in the discharge of duties imposed by this article.
