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.
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.