It is the purpose and intent of the Mayor and Council to establish a process to address the deterioration and blight of Borough neighborhoods caused by an increasing amount of abandoned, foreclosed or distressed real property located within the Borough, and to identify, regulate, limit and reduce the number of abandoned properties located within the Borough.
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.
ABANDONED REAL PROPERTY
Any real property located in the Borough, 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 an application for a tax deed or pending tax assessors lien sale, or has been transferred to the lender under a deed in lieu of 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, or any default on the mortgage has been cured.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a comprised/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.
APPLICABLE CODES
Includes, but not limited to, the Code of the Borough of Franklin Lakes and the New Jersey Building Code.
BLIGHTED PROPERTY
A. 
Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing;
B. 
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties;
C. 
Properties cited for a public nuisance pursuant to provisions of applicable codes; or
D. 
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 applicable codes.
ENFORCEMENT OFFICER
Any law enforcement officer, Code Enforcement Official, Zoning Officer, fire inspector or building inspector, or other person authorized by Franklin Lakes to enforce the applicable code(s).
[Amended 2-21-2017 by Ord. No. 1697]
OWNER
Any person, legal entity or other party having any ownership interest whether legal or equitable, in real property. This term shall also apply to any person, legal entity or agent responsible for the construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
VACANT
Any building or structure that is not legally occupied.
The remedies set forth in this article shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather shall be an additional remedy available to the Borough above and beyond any other state, county or local provisions for same.
[Amended 2-21-2017 by Ord. No. 1697; 4-18-2017 by Ord. No. 1704]
A. 
Any mortgagee who holds a mortgage on real property located within the Borough 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 Construction Enforcement Department, on forms provided by the Construction Enforcement Department, 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. 
If the property is occupied but remains in default, it shall be inspected by the mortgagee or its designee monthly until the mortgagor or other party remedies the default, or it is found to be vacant or shows evidence of vacancy. If the property is found to be vacant or shows evidence of vacancy, the mortgagee shall, within 10 days of that inspection, update the property registration to a vacancy status on forms provided by the Construction Enforcement Department.
C. 
Registration pursuant to this section shall contain the following information for the mortgagee, the owner and the occupant (if any): the name, the mailing address, a direct contact name and telephone number, facsimile number and email address. The application shall also contain the block and lot, and the name and twenty-four-hour contact telephone number of the property management company responsible for the security and maintenance of the property, if any.
D. 
A nonrefundable annual registration fee in the amount of $400 for the initial year or portion thereof per property shall accompany the registration form. The annual fee shall be $800 for the second year of registration, and $1,600 for each year of registration thereafter. The annual registration fee shall be due on January 1 of each subsequent year as long as the property remains abandoned.
E. 
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.
F. 
Properties shall comply with the requirements of this article, including, but not limited to, registration requirements, and the inspection, security and maintenance requirements, as long as they remain abandoned, as defined herein.
G. 
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.
H. 
If a property is no longer abandoned, as defined herein, within 10 days of the change, the person or legal entity that has registered the property shall notify the Code Enforcement Official and the property shall no longer be considered abandoned for purposes of this article.
I. 
Failure of the mortgagee and/or owner to properly register or to modify the registration form to reflect a change of circumstances as required by this article is a violation of the article and shall be subject to enforcement.
J. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this article, the Borough may take the necessary action to ensure compliance with this article and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.
A. 
Properties subject to this article 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. 
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. 
Front, side, and rear yards, including landscaping, shall be maintained in accordance with the applicable code(s) at the time registration was required.
D. 
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. 
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. 
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. 
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 summons in accordance with this article.
H. 
In addition to the requirements above, the property is required to be maintained in accordance with the applicable code(s).
A. 
Properties subject to the requirements of this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. 
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.
C. 
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 Borough.
[Amended 4-18-2017 by Ord. No. 1704]
Any person who shall violate the provisions of this article shall, upon conviction, pay a fine not to exceed $2,000.
[Amended 2-21-2017 by Ord. No. 1697]
A. 
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 Official may temporarily secure the property at the expense of the mortgagee and/or owner.
B. 
If the mortgagee does not reimburse the Borough for the cost of temporarily securing the property, or of any abatement directed by the Code Enforcement Official, within 30 days of the Borough sending the mortgagee the invoice, then the Borough may impose a lien against the property for such cost, along with an administrative fee of $500 to recover the administrative personnel services.