[Added 4-18-2017 by Ord.
No. 1704]
The creditor filing the summons and complaint in an action to
foreclose shall be responsible for the care, maintenance, security,
and upkeep of the exterior of a vacant and abandoned residential property.
If the creditor is located out of state, the creditor shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor. An out-of-state creditor shall include the full
name and contact information of the in-state representative or agent
in the notice required to be provided pursuant to N.J.S.A. 46:10B-51
for providing notice to the Municipal Clerk that a summons and complaint
in an action to foreclose on a mortgage has been served.
The Zoning Officer is authorized to issue a notice to the creditor
filing the summons and complaint in an action to foreclose if the
Zoning Officer determines that the creditor has violated this article
by failing to provide for the care, maintenance, security, and upkeep
of the exterior of the property. Such notice shall require the person
or entity to correct the violation within 30 days of receipt of the
notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety. This issuance
of a notice pursuant to this section shall constitute proof that a
property is "vacant and abandoned" for the purposes of N.J.S.A. 2A:50-73.
A.
An out-of-state
creditor subject to the requirements of this article found to be in
violation of the requirement to appoint an in-state representative
or agent pursuant to this article shall be subject to a fine of $2,500
for each day of the violation. Any fines imposed on a creditor for
the failure to appoint an in-state representative or agent shall commence
on the day after the ten-day period set forth in N.J.S.A. 46:10B-51
for providing notice to the Municipal Clerk that a summons and complaint
in an action to foreclose on a mortgage has been served.
B.
A creditor
subject to the requirements of this article found to be in violation
of the requirement to correct a care, maintenance, security, or upkeep
violation cited in a notice issued pursuant to this article shall
be subject to a fine of $1,500 for each day of the violation. Any
fines imposed pursuant to this subsection shall commence 31 days following
receipt of the notice, except if the violation presents an imminent
risk to public health and safety, in which case any fines shall commence
11 days following receipt of the notice.
C.
No less
than 20% of any money collected pursuant to this article shall be
utilized by the Borough for code enforcement purposes.
