The intent of this article is to provide for the enforcement
of Borough property maintenance standards and the State Housing Code
against properties pending foreclosure, and to provide for responsibility
on the part of foreclosing creditors for the care, maintenance, security
and upkeep of residential properties.
Pursuant to the provisions of N.J.S.A. 40:48-2.12 and N.J.S.A.
46:10B-51, a creditor filing a summons and complaint to foreclose
a lien on a residential property that is abandoned, whether the filing
of the summons and complaint is made before or after the determination
that the property is abandoned, shall be responsible for the care,
maintenance, security, and upkeep of the exterior of the residential
property.
In the event of a violation of state law or a local ordinance,
the Borough shall serve the creditor with a notice that shall include
a description of the condition(s) that gave rise to the violation
and the state law or local ordinance that has been violated, 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, provided
that in the event that the violation presents an imminent threat to
public health and safety, the notice may, in the discretion of the
Borough, provide that the violation shall be remedied within 10 days
of the creditor's receipt of the notice.
If the Borough expends public funds in order to abate a nuisance
or correct a violation at a property in which the creditor was given
notice pursuant to notice provisions of this article, but failed to
abate the nuisance or correct the violation as directed, the Borough
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 provided at N.J.S.A. 55:19-100.
Should any section, clause, sentence, phrase or provision of
this article be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this article.