[Amended 2-21-2017 by Ord. No. 1697; 4-18-2017 by Ord. No. 1704; 6-20-2023 by Ord. No. 1913]
It is the purpose and intent of the Mayor and Council to establish
a process to:
A. Create a property registration program for the purposes of identifying
and monitoring residential and commercial properties within the Borough
for which a summons and complaint in an action to foreclose on a mortgage
has been filed;
B. Regulate the care, maintenance, security, and upkeep of the exterior
of vacant and abandoned residential and commercial properties for
which a summons and complaint in an action to foreclose has been filed;
and
C. Impose property registration fees on the creditor of residential
or commercial properties on an annual or semi-annual basis.
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.
CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this article. For purposes
of this section, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
ENFORCEMENT OFFICER
Any law enforcement officer, Construction Official, Zoning
Officer, fire inspector or building inspector, or other person authorized
by Franklin Lakes to enforce the applicable code(s).
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.
VACANT AND ABANDONED REAL PROPERTY
Real property shall be considered vacant and abandoned if
it is not legally occupied by a mortgagor or tenant, which is in such
condition that it cannot be legally reoccupied, because of the presence
or finding of at least two of the following:
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 property 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 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
O.
Any other reasonable indicia of abandonment.
The creditor filing a summons and complaint in an action to
foreclose shall, in addition to the notice provided to the Borough
pursuant to N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2, register
the residential or commercial property with the Borough's property
registration program as a property in foreclosure and, as part of
that registration, provide the Borough with:
A. The street address, lot, and block number of the property;
B. The date the summons and complaint in an action to foreclose on a
mortgage was filed against the subject property, the court in which
it was filed, and the docket number of the filing;
C. Whether the property is vacant and abandoned in accordance with the definition in §
370-2;
D. The full name, address and telephone number for the representative
of the creditor who is responsible for receiving complaints of property
maintenance and code violations;
E. The full name, address and telephone number for any person or entity
retained by the creditor or a representative of the creditor to be
responsible for any care, maintenance, security or upkeep of the property;
F. In the event the creditor that has served a summons and complaint
in an action to foreclose on a property that is located out-of-state,
the notice shall also contain the full name, address, and telephone
number of an in-state representative or agent who shall be responsible
for the care, maintenance, security, and upkeep of the exterior of
the property if it becomes vacant and abandoned; and
G. Payment of the fee set forth in §
370-8.
In addition to the requirements set forth in Article III of
this chapter, the creditor filing a summons and complaint in an action
to foreclose shall:
A. If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information; and
B. If the registered property becomes vacant and abandoned in accordance with the definition in §
370-2 after the property is initially registered with the Borough, update the property registration with the Borough to reflect the change in the property's status;
C. Post a sign affixed to the inside of the property and visible to
the public indicating the name, address, and telephone number of the
creditor or an out-of-state creditor's in-state representative
or agent for the purpose of receiving service of process; and
D. Acquire and maintain liability insurance by procuring a vacancy policy,
covering any damage to any person or any property caused by any physical
condition of the property while registered with the property registration
program.
[Amended 4-16-2024 by Ord. No. 1944]
A. The creditor filing a summons and complaint in an action to foreclose
shall pay an annual registration fee of $500 per property. Said fee
shall be due upon the filing of the foreclosure complaint and on January
1 of each subsequent year.
B. The creditor shall pay an additional $2,000 per property annually if the property is vacant or abandoned pursuant to the definition in §
370-2 when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to the definition in §
370-2 at any time thereafter while the property is in foreclosure. Said fee shall be due and payable upon the filing of the foreclosure complaint if the property is vacant or abandoned at that time or when it becomes vacant and abandoned, and on January 1 of each subsequent year.
[Amended 2-21-2017 by Ord. No. 1697]
A. Except as provided in N.J.S.A. 55:19-83, any property that has not
been legally occupied for a period of six months and which meets any
one of the following additional criteria may be deemed to be abandoned
property upon a determination by the Code Enforcement Official that:
(1) The property is in need of rehabilitation in the reasonable judgment
of the Code Enforcement Official, and no rehabilitation has taken
place during that same six-month period;
(2) Construction was initiated on the property and was discontinued prior
to completion, leaving the building unsuitable for occupancy, and
no construction has taken place for at least six months as of the
date of a determination by the Code Enforcement Official;
(3) At least one installment of property tax remains unpaid and delinquent
on that property as of the date of a determination by the Code Enforcement
Official; or
(4) The property has been determined to be a nuisance by the Code Enforcement
Official, in accordance with N.J.S.A. 55:19-82, for one or more of
the following reasons:
(a)
The property has been found to be unfit for human habitation,
occupancy or use pursuant to N.J.S.A. 40:48-2.3;
(b)
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
(c)
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so;
(d)
The presence of vermin or the accumulation of debris, uncut
vegetation or physical deterioration of the structure or grounds have
created potential health and safety hazards and the owner has failed
to take reasonable and necessary measures to remove the hazards; or
(e)
The dilapidated appearance or other condition of the property
materially affects the welfare, including the economic welfare, of
the residents of the area in close proximity to the property, and
the owner has failed to take reasonable and necessary measures to
remedy the conditions.
B. A property which contains both residential and nonresidential space
may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq.,
so long as 2/3 or more of the total net square footage of the building
was previously legally occupied as residential space and none of the
residential space has been legally occupied for at least six months
at the time of the determination of abandonment by the Code Enforcement
Official.