[Adopted 5-1-2017 by Ord. No.
17-13]
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.
A.
Any creditor serving a summons and complaint in an action to foreclose
on a mortgage on property located within the Borough of River Edge
shall serve the Borough Clerk with a notice indicating that a summons
and complaint in an action to foreclose on a mortgage has been filed
against the subject property. The notice may contain information about
more than one property and shall be provided by mail or electronic
communication at the discretion of the Borough Clerk.
B.
The notice shall be served within 10 days of service of a summons
and complaint in an action to foreclose on a mortgage against the
subject property.
C.
Within 45 days following adoption of this article, any creditor that
has initiated a foreclosure proceeding on any residential property
which is pending in Superior Court shall provide the Borough Clerk
with a notice as described below for all residential properties in
the Borough for which the creditor has pending foreclosure actions.
D.
The notice shall contain:
(1)
The name and contact information for the representative of the creditor
who is responsible for receiving complaints of property maintenance
and code violations;
(3)
The street address, lot and block number of the property; and
(4)
The full name and contact information of an individual located within
the state authorized to accept service on behalf of the creditor.
(5)
In the event the creditor that has served a summons and complaint
in an action to foreclose on a residential property is located out
of state, the notice shall also contain the full name and contact
information of an in-state representative or agent who shall be responsible
for the care, maintenance, security, and upkeep of the exterior of
the property if it becomes vacant and abandoned.
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.
A.
An out-of-state creditor subject to this article found by the Municipal
Court, 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 this article shall be subject to a fine not less than
$100 and not more than $1,000 for each day of the violation.
B.
A creditor subject to this article 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 this article shall be subject to a fine of fine not less than $100 and not more than $1,000 for each day of the violation. Any fines imposed pursuant to this Subsection B 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.
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.
