[Added 10-16-2017 by Ord.
No. O-15-17[1]]
The provisions of this chapter protect and preserve the public
health, safety and welfare and security and quiet enjoyment of residents
and neighborhoods by requiring all property owners, including lenders,
trustees and service companies to properly maintain vacant and/or
foreclosing properties, and regulate the maintenance of vacant and/or
foreclosing properties in order to prevent blighted and unsecured
properties.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
consistent with the context, words used in the present tense include
the future, words in the plural include the singular and words in
the singular include the plural. The word "shall" is always mandatory
and not merely directory.
The Borough of Wharton.
The creditor having a right of foreclosure, including but
not limited to the holder of a mortgage on a property, and any agent,
servant or employee of the creditor, a loan servicing company, or
any successor in interest and/or assignee of the creditor's rights,
interests or obligations under the document granting foreclosure rights.
Consecutive calendar days.
The legal process by which the creditor of a title holder
of a parcel of property, which has been placed as collateral or security
for a financial obligation, seeks to divest the title holder of his
rights to the property and have the property sold at a sheriff's sale
to satisfy the debt after the title holder defaults on the aforesaid
financial obligation.
Any commercial, industrial and mixed-use real estate, or
portion thereof, located in the Borough of Wharton, including improvements
thereon.
Any nuisance known at common law or inequity jurisprudence or
as provided by the statutes of the State of New Jersey or the ordinances
of the Borough.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes, but is not limited
to: abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, boats, any structurally unsound fences
or structures, lumber, trash, fences, debris or vegetation, such as
poison ivy, oak or sumac, which may prove to be a hazard for inquisitive
minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this
Code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this Code.
Fire hazards.
Any person who, alone or jointly with several others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or who shall have charge, care or control
of any property unit as owner or agent of the owner, including but
not limited to a lessee, executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate or as a foreclosing mortgagee
or mortgagee in possession, regardless of how that possession was
obtained. Any person who is a lessee subletting or assigning any part
of any property or property unit shall be deemed to be co-owner with
the lessor and shall have joint responsibility over the portion of
the premises sublet or assigned by said lessee.
Any real estate, including residential, commercial, industrial
and mixed-use, or portion thereof, located in the Borough of Wharton,
including any improvements thereon.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Measures taken to ensure that the property is inaccessible
to unauthorized persons.
A property shall be considered vacant or abandoned if it
is not legally occupied by a mortgagor or tenant, which is in such
condition that it cannot be legally reoccupied, because of the presence
or finding of at least two of the following:
[Amended 4-10-2023 by Ord. No. O-05-23]
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
[Amended 4-10-2023 by Ord. No. O-05-23]
A.
All owners of vacant residential property must register such vacant
properties with the Borough of Wharton Housing and Zoning Officer
within 10 days of such property becoming vacant. The registration
must be renewed annually as set forth below for as long as the property
remains vacant.
B.
All owners of vacant nonresidential property must register such vacant
properties with the Borough of Wharton Housing and Zoning Officer
within 30 days of such property becoming vacant. The registration
must be renewed annually as set forth below for as long as the property
remains vacant.
C.
Owners of vacant properties shall designate an individual or property
management company responsible for the security and maintenance of
the property. The individual or property management company responsible
for the security and maintenance of the property shall have an office
located in New Jersey within twenty-five miles of the property.
D.
The registration required by this section must contain the following
information:
(1)
The owner's name, telephone number, and mailing address. The mailing
address may not be a post office box.
(2)
The street address and tax map designation (lot and block) of the
property.
(3)
Whether the property is residential, nonresidential, commercial or
mixed-use.
(4)
The name, telephone number, e-mail address and mailing address of
an individual or property management company located in the State
of New Jersey which is responsible for the security and maintenance
of the property. The mailing address may not be a post office box.
(5)
A statement from the owner certifying that the property was inspected
as required by this chapter.
(6)
Proof of utility (gas, electric, water) connections or disconnections.
E.
The owner shall have a continuing duty to notify the Borough of any
changes to the information contained in the registration between registration
cycles.
F.
The Borough of Wharton Housing and Zoning Officer may promulgate
forms on which the information in the registration must be provided.
G.
The owner must notify the Borough of Wharton Housing and Zoning Officer
if, at any time subsequent to registration as a vacant property, the
property is no longer vacant, and provide proof that the property
is no longer vacant.
H.
Upon the
effective date of this chapter, the owner of any currently vacant
property and a creditor pursuing a pending foreclosure shall have
30 days within which to comply with the provisions of this chapter.
[Added 4-10-2023 by Ord. No. O-05-23]
[Amended 4-10-2023 by Ord. No. O-05-23]
A.
The initial registration fee for a vacant or abandoned residential
property shall be $500 and must accompany the registration form. The
initial registration shall be valid for the remainder of the calendar
year in which the property is registered. Renewals for subsequent
calendar years shall run from January 1 to December 31, and payment
of the renewal registration fee shall be due by January 15 of the
relevant year. Registration fees and renewal fees will not be prorated
or refunded. Each annual renewal shall be $500. An additional $2,000
per property annually shall be required if the property becomes vacant
or abandoned, as per the definition of same in this chapter, at the
time of or at any time subsequent to the filing of a summons and complaint
in an action to foreclose.
B.
No fee shall be charged at the time a creditor registers vacant or
abandoned nonresidential property with the Borough. If a tenant is
not secured for the registered vacant or abandoned nonresidential
property within six months of the date of registration of the vacant
or abandoned nonresidential property, an initial registration fee
of $500 shall be charged to the creditor. The initial registration
shall be valid for the remainder of the calendar year in which the
property is registered. Renewals for subsequent calendar years shall
run from January 1 to December 31, and payment of the renewal registration
fee shall be due by January 15 of the relevant year. Registration
fees and renewal fees will not be prorated or refunded. Each annual
renewal shall be $500. An additional $2,000 per property annually
shall be required if the property becomes vacant or abandoned, as
per the definition of same in this chapter, at the time of or at any
time subsequent to the filing of a summons and complaint in an action
to foreclose.
C.
No governmental agency shall be required to pay the initial or renewal
registration fee.
A.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage or other lien against any property in this Borough,
including but not limited to residential property, shall, within 10
days of serving the summons and complaint, file a registration with
the Borough of Wharton Housing and Zoning Officer and, within 30 days,
a listing of all commercial properties for which the creditor has
foreclosure actions pending. The registration must be renewed as set
forth below until title to the property has been transferred to a
new owner or the foreclosure action is dismissed. A creditor who takes
title to a vacant property shall then be required to register as an
owner of such vacant property and to renew such registration for as
long as the property remains vacant.
[Amended 4-10-2023 by Ord. No. O-05-23]
B.
If the property is vacant or the creditor is located outside the
State of New Jersey, the creditor must designate an individual or
property management company responsible for the security and maintenance
of the property. The individual or property management company responsible
for the security and maintenance of the property shall have an office
in New Jersey located within twenty-five miles of the property.
C.
The registration shall contain the following information:
(1)
The creditor's name, telephone number, e-mail address and mailing
address. The mailing address may not be a post office box.
(2)
The street address and tax map designation (lot and block) of the
property for which foreclosure has been sought.
(3)
Whether the property is residential, nonresidential, commercial or
mixed-use.
(4)
The name, telephone number, e-mail address and mailing address of
a designated representative of the creditor who is located in the
State of New Jersey and is responsible for receiving complaints of
property maintenance and code violations for that property. The mailing
address may not be a post office box.
(5)
If the property is vacant, the name, telephone number, and mailing
address of an individual or property management company located in
the State of New Jersey which is responsible for the care, maintenance,
security and upkeep of the property. The mailing address may not be
a post office box.
(6)
If the property is vacant, a statement from the creditor certifying
that the property was inspected as required by this chapter.
(7)
If the property is vacant, proof of utility (gas, electric, water)
connections or disconnections.
D.
The creditor shall have a continuing duty to notify the Borough of
any changes to the information contained in the registration between
registration cycles.
E.
The Borough of Wharton Housing and Zoning Officer may promulgate
forms on which the information in the registration must be provided.
G.
Once the foreclosure action has terminated, either through dismissal
or transfer of title, the creditor must provide proof of such termination,
sale, transfer or occupancy to the enforcement authority within 30
days of sale, exchange or transfer.
A.
The initial registration fee shall be $500 and must accompany the
registration form. The initial registration shall be valid for the
remainder of the calendar year in which the property is registered.
Renewals for subsequent calendar years shall run from January 1 to
December 31, and payment of the renewal registration fee shall be
due by January 15 of the relevant year. Registration fees and renewal
fees will not be prorated or refunded. Each annual renewal shall be
$500. An additional $2,000 per property annually shall be required
if the property becomes vacant or abandoned, as per the definition
of same in this chapter, at any time subsequent to the filing of a
complaint in an action to foreclose.
[Amended 4-10-2023 by Ord. No. O-05-23]
B.
No governmental agency shall be required to pay the initial or renewal
registration fee.
A.
Properties subject to the requirements of this chapter must be maintained
in accordance with all applicable federal, state and local laws, ordinances,
rules and regulations. The owner, creditor, local individual or local
property management company, as appropriate, must inspect the property
twice a month for the duration of the vacancy or foreclosure as appropriate.
B.
In addition to, and not in lieu of, meeting all other applicable
federal, state, and local laws, ordinances, rules and regulations,
owners, creditors, local individuals or local property management
companies must maintain property that is subject to this chapter as
follows:
(1)
Property shall be kept free of accumulated snow and ice, weeds, dry
brush, dead vegetation, trash, junk, debris, building materials, unregistered
vehicles, any accumulation of newspapers, circulars, flyers, notices
(except those required by law), and discarded personal items including
but not limited to furniture, clothing, large and small appliances,
printed material or any other items giving the appearance that the
property is vacant.
(2)
Property shall be kept free of graffiti, tagging, or similar markings.
In the event that any graffiti, tagging, or similar markings are placed
on the property, it/they shall either be removed or painted over with
an exterior-grade paint matching the color of the portion of the structure
where the graffiti, tagging, or similar marking was placed.
(3)
Front yards, rear yards, and side yards of properties subject to
the requirements of this chapter shall be landscaped and maintained
to neighborhood standards. Landscaping and maintenance shall include,
but are not limited to, care of grass, mulch, decorative rock, artificial
turf/sod specifically designed for residential or commercial installation,
or other ground cover, bushes, shrubs, hedges, trees, or similar plantings,
removal or repair of gravel, broken concrete, asphalt, decomposed
granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar
material, in addition to regular watering, irrigation, cutting, pruning
and mowing of required vegetation and removal of all trimmings.
(4)
Any pool, spa, or other standing body of water shall either be kept
in working order so the water remains clear and free of growth, pollutants,
and debris, and does not become a harborage for vermin or insects
or drained and kept dry. In either case, properties with pools or
spas must comply with the security fencing requirements of the Borough.
C.
The owner of any vacant property shall acquire and maintain liability
insurance covering injury or damage to any person or any property
in not less than $300,000 for residential buildings, and $1,000,000
for nonresidential buildings or property.
D.
The owner shall be responsible for property maintenance. However,
if the owner of a property vacates or abandons any property on which
a foreclosure proceeding has been initiated or if a property is or
becomes vacant at the time of or 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 enforcement authority 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 enforcement authority shall include
a description of the conditions that gave rise to the violation with
the notice of violation and shall provide a period of 30 days (or
10 days if the violation presents an imminent threat to public health
and safety) from the creditor's receipt of the notice for the creditor
to remedy the violation. The issuance of a notice of violation pursuant
to this section shall constitute proof that a property is "vacant
and abandoned" for the purposes of N.J.S.A. 2A:50-73. If the creditor
fails to remedy the violation within that time period, the Borough
may impose the penalties allowed for the violation of municipal ordinances
pursuant to Section 10 of this Ordinance[1] against the creditor to the same extent as they could
be imposed against the owner of the property.
[Amended 4-10-2023 by Ord. No. O-05-23]
[1]
Editor's Note: So in original.
E.
Adherence to this chapter does not relieve the owner or creditor
of obligations set forth in any other statute, regulation, ordinance,
or other source of authority or obligation.
The enforcement authority shall have the authority to inspect
the properties subject to this chapter for compliance and to issue
summonses for any violations.
Nothing contained herein shall prevent the Borough from taking
action to abate a nuisance or correct a violation where the owner
or creditor, as applicable, has failed to abate the nuisance or correct
the violation on a vacant property or a property in foreclosure after
notice and the opportunity to abate or correct. In such situations,
the Borough may impose a lien against the property for costs to correct
the violation or abate the nuisance. Such lien shall hereafter form
part of the taxes next to be assessed and levied upon said lands,
the same to bear interest at the same rate as such taxes to be collected
and enforced by the same officers and in the same manner as such taxes.
No governmental entity shall be required to register under this
chapter. However, nothing contained herein shall be construed as granting
exemption to the governmental entity from property maintenance or
other obligations imposed by any other statute, regulation, or ordinance.
If any provision or portion of a provision of this chapter is
held to be unconstitutional, preempted by federal or state law, or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the chapter shall not be invalidated.
A.
All ordinances or parts of ordinances which are inconsistent with
any provisions of this chapter are hereby repealed as to the extent
of such inconsistencies.
B.
If any section, subsection, sentence, clause, phrase, or a portion
of this chapter is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
