[HISTORY: Adopted by the Township Council of the Township
of Little Falls 10-3-2017 by Ord. No. 1301. Amendments noted where
applicable.]
The intent of this chapter is to provide for the enforcement
of the Township Property Maintenance Code[1] and other applicable laws against vacant and abandoned
properties pending foreclosure.
A creditor filing a complaint in a foreclosure action shall
be responsible for the care, maintenance, security, and upkeep of
the exterior of the vacant and abandoned residential property. If
the creditor is located out of the State of New Jersey, the creditor
must appoint an in-state representative or agent to act for the foreclosing
creditor.
A.
A creditor
filing a complaint in a foreclosure action on residential property
located in the Township of Little Falls shall, within 10 days of serving
the summons and complaint, serve the Township Clerk with a notice
advising that a summons and complaint in a foreclosure action has
been filed against the subject property. The notice shall contain
and include the information set forth in Subsection (C) below and
shall be provided by mail.
B.
Any creditor
that has filed a complaint in a foreclosure action on any residential
property which is pending in Superior Court shall provide to the Township
Clerk with the notice as described in Subsection (C) below for any
residential properties in the Township for which the creditor has
pending foreclosure actions.
C.
The notice
shall state:
(1)
The
name and contact information for the representative (located within
the State of New Jersey) of the creditor who is responsible for property
maintenance and will respond to Township communications regarding
the property;
(3)
The
street address, lot and block number of the property; and
(4)
If
the creditor is located out of state, the notice should include the
full name and contact information of the representative/agent located
within the State of New Jersey authorized to act on behalf of the
entity/creditor, to accept service on behalf of the entity/creditor,
and to receive and act on notifications regarding maintenance of the
property in foreclosure.
Any creditor having filed a complaint in an action in foreclosure
on a property, that creditor having been notified by the Construction
Code Official, in writing, that the property appears to be or is abandoned
or vacant, shall be responsible within 30 days of said notification
as follows:
A.
Investigate
and inspect the property as required to determine if the property
is abandoned and vacant, and notify the Construction Code Official,
in writing, of that determination.
B.
Secure
the building and structure on the property from authorized entry.
C.
Perform
such appropriate repairs or maintenance of the exterior grounds of
the property, including yards, fences, sidewalks, walkways, and driveways,
as may be needed or directed by the Construction Code Official so
that the property is free from trash, debris, or excessive grass or
weed growth, or safety hazards.
D.
Continue
to maintain the structures in a secure condition and the grounds in
a clean, properly maintained state.
If the owner of a residential property vacates or abandons any
property upon which a complaint in a foreclosure action has been filed
or if a property is otherwise vacated and/or abandoned subsequent
to the filing of the complaint in a foreclosure action but prior to
the vesting of title in any third party, the foreclosing creditor
shall have the responsibility to abate any nuisance or correct any
violations of the Property Maintenance Code[1] and applicable law in the same manner and to the same
extent as the title owner of the property to such standard or specification
as may be required by the Property Maintenance Code or applicable
law.
In the event of a violation of the Property Maintenance Code
or applicable law, the Township shall serve the creditor with a notice
that shall include a description of the condition(s) that gave rise
to the violation and shall provide a period of 30 days, or 10 days
if the condition presents an imminent threat to public health and
safety as determined by the Construction Code Official, for the creditor
to remedy the violation or condition. The creditor must remedy and/or
repair the conditions noticed within the specific period.
If the Township expends public funds in order to abate a nuisance or correct a violation on a residential property in which the creditor was given notice pursuant to § 164-6 but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have had against the title owner of the property, including, but not limited to, the recourse in the Property Maintenance Code and applicable law.
The Construction Code Official is hereby authorized to enforce
this chapter.
Any person or corporation shall, upon conviction by any court having jurisdiction of a violation of this § 164-9, be subject to a fine not to exceed $2,500 per day commencing as of the date after the expiration of the ten-day period provided in § 164-3A. Any person or corporation, upon conviction by any court of a violation of § 164-5 and/or § 164-6, shall be subject to a fine not to exceed $1,500 per day, to commence 31 days after receipt of the notice or, if the violation presented an imminent risk to public safety and health and was so noticed, commencing 11 days after receipt of this notice.
