[Adopted 7-11-2017 by Ord. No. 17-1940]
The purpose of this article is to regulate the care, maintenance,
security, and upkeep of the exterior of vacant and abandoned residential
properties on which a summons and complaint in an action to foreclose
has been filed, as permitted by N.J.S.A. 40:48-2.12s.
A.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, 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 the vacant and abandoned residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the Code Enforcement Official pursuant to Chapter 303, Property Maintenance, or N.J.S.A. 2A:50-73, or otherwise.
B.
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.
C.
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 to the Municipal Clerk pursuant to N.J.S.A.
46:10B-51.
D.
An out-of-state creditor found by the Municipal Court, or by any other court of competent jurisdiction, to be in violation of § 303-10B shall be subject to a fine of $2,500 for each day of the violation, commencing 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 has been served.
E.
The Construction Official, Zoning Official or Code Enforcement Official
appointed pursuant to N.J.S.A. 40:48-2.3 et. seq. shall be authorized
to issue a notice to the creditor filing the summons and complaint
in an action to foreclose if the public officer or enforcement official
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. The 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 this notice shall
constitute proof that a property is vacant and abandoned for the purposes
of N.J.S.A. 2A:50-73.
F.
A creditor found by the 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 § 303-10E shall be subject to a fine of $1,500 for each day of the violation, commencing 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.
