[Adopted 11-21-2017 by Ord. No. 2017-14[1]]
A.
A creditor filing a summons and complaint to foreclose a mortgage
on a residential property within the municipality, or any creditor
that has obtained a judgment of foreclosure, must register the dwelling
with the municipality through the Clementon Construction Office within
10 days from the date when the complaint was filed with the court,
or within 10 days of the enactment of this article, in the event a
judgment has already been entered by the court.
B.
The registration form shall include the full name and contact information of an individual located within the State of New Jersey who is authorized to accept service on behalf of the creditor. The registration form shall be accompanied with a registration fee as listed in the Borough fee schedule, § 214-15, for each dwelling. There shall be no proration of fees paid during the course of the year. Registration forms shall be available at the Clementon Construction Office. Registrants shall mail the completed and executed form to the Clementon Construction Office along with a check made payable to the municipality. A registration form is required for each house, townhouse, condominium, or duplex that is the subject of a foreclosure action. Registration and payment of the fee under this article shall fulfill the owner's obligations under this chapter.
C.
The registration fee covers the cost of administering the program and up to two inspections of the residential dwelling. Thereafter, an inspection fee, as listed in the Borough fee schedule, § 214-15, shall apply to subsequent inspections during the year. One of the purposes for the initial inspection is to establish a baseline condition for the subject property.
D.
Property registration shall be renewed every 12 months. The renewal
form shall be due on the anniversary date following the original registration
date. Failure to register a property on a timely basis shall result
in the assessment of civil penalties. It shall be the responsibility
of the registrant to notify the Clementon Construction Office, in
writing, whenever there is a change in the contact information of
the registrant.
E.
In the event that the property being foreclosed on is an affordable
unit pursuant to the Fair Housing Act, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.), then the creditor shall identify that the property
is subject to the Fair Housing Act.
Any creditor that has initiated a foreclosure proceeding on
any residential property which is pending in Superior Court shall
provide to the Municipal Clerk of Clementon Borough a listing of all
residential properties in the Borough for which the creditor has foreclosure
actions pending by street address and lot and block number. The Municipal
Clerk shall forward a copy of the notice to the property maintenance
official or shall otherwise provide it to any other local official
responsible for administration of any property maintenance or public
nuisance code.
If the owner of a residential property vacates or abandons any
property on which a foreclosure proceeding has been initiated, or
if a residential property becomes vacant at any point subsequent to
the creditor's filing the summons and complaint in an action to foreclose
on a mortgage against the subject property but prior to vesting of
title in the creditor or any other third party, and the property is
found to be a nuisance or in violation of any applicable state or
local code, the property maintenance official, Municipal Clerk, or
other authorized municipal official shall notify the creditor, which
shall have the responsibility to abate the nuisance or correct the
violation 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 state law or Borough ordinance. The notice shall include a description
of the conditions that gave rise to the violation with the notice
of violation and shall provide a period of not less than 30 days from
the creditor's receipt of the notice for the creditor to remedy the
violation. If the creditor fails to remedy the violation within that
time period, the Borough may impose penalties allowed for the violation
of municipal ordinance pursuant to N.J.S.A. 40:49-5.
If Clementon Borough expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of § 214-21 but failed to abate the nuisance or correct the violation as directed, Clementon Borough shall have the same recourse against the creditor as it would have against the title owner of the property, including, but not limited to, the recourse provided under § 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
The property maintenance official shall issue a notice to the
creditor filing the summons and complaint in an action to foreclose
if the public officer or other authorized municipal official determines
that the creditor has violated the ordinance 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. The issuance of a notice pursuant
to this section shall constitute proof that a property is "vacant
and abandoned" for the purposes of P.L. 2012, c. 70 (N.S.J.A. 2A:50-73).
A.
An out-of-state creditor subject to this article found by the municipal court of Clementon Borough or by any other court of competent jurisdiction to be in violation of the requirement to appoint an in-state representative or agent pursuant to § 214-13 above 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 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 this article found by Clementon Borough Municipal
Court or by any other court of competent jurisdiction to be in violation
of the requirement to correct a care, maintenance, security, or upkeep
violation cited in a notice issued pursuant to the ordinance 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.
No less than 20% of any money collected pursuant to this article
shall be utilized by the Borough of Clementon for Borough Code enforcement
purposes.
