[Adopted 4-17-2018 by Ord. No. 1540]
This article shall be known as "Registration and Maintenance
of Vacant and Abandoned Residential Properties and Vacant and Abandoned
Residential Properties in Foreclosure" and may be referred to in this
article as the "Registration and Maintenance Code."
The Mayor and Council of the Borough of Dumont do hereby find
that mortgage foreclosures often result in the abandonment and neglect
of residential properties and in situations where properties are not
in mortgage foreclosure, the abandoned properties create a range of
problems, including but not limited to problems relating to care,
maintenance, security and crime.
The purpose of this article is to protect the public health,
safety and welfare by providing standards regulating the maintenance
and registration of vacant and abandoned residences in the Borough
of Dumont.
As used in this article, the following terms shall have the
meanings indicated:
A state-chartered bank, savings bank, savings and loan association
or credit union, any person or entity required to be licensed under
the provisions of the New Jersey Residential Mortgage Act, P.L. 2009,
c. 53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Sec. 17,
as amended from time to time) and any entity acting on behalf of the
creditor named in the debt obligation, including, but not limited
to servicers.
The titleholder, any agent of the titleholder having authority
to act with respect to the vacant property, or any other entity determined
by the Borough of Dumont to act with respect to the property.
Consistent with Section 1 of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73), residential real estate, where a notice of violation has been issued pursuant to § 306-29 of this article and Subsection b, of Section 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s), or property which any condition on its own or combined with other conditions present would lead a reasonable person to believe that the property is or has been vacant for three or more months.
Residential property shall further be deemed vacant and abandoned
where a mortgaged property is not occupied by a mortgagor or tenant.
Such evidence would include, but is not limited to, evidence
of the existence of two or more of the following conditions at the
property:
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, association management, delivery persons,
or government employees indicating that the residence 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 exists 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 issue by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
A.
A creditor filing a summons and complaint in an action to foreclose
on a vacant and abandoned property, or a creditor who has previously
filed a summons and complaint to foreclose on a residential property
which subsequently becomes vacant and abandoned, or the owner of a
vacant and abandoned property shall, within 30 calendar days after
the building becomes vacant and abandoned or within 30 calendar days
after assuming ownership of the vacant and abandoned property, whichever
is later, or within 10 calendar days of receipt of notice from the
Borough, and annually thereafter, file a registration statement for
such vacant and abandoned property with the municipal clerk on forms
provided by the Borough for such purposes. Any failure to receive
notice from the Borough shall not constitute grounds for failing to
register the vacant and abandoned property.
B.
Each vacant and abandoned property having a separate block and lot
number as designated in the official tax maps of the Borough shall
be registered separately.
C.
The registration statement shall include the name, street address,
telephone number and e-mail address (if applicable) of a person 21
years or older, designated by the creditor or the owner as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such creditor in connection with the enforcement of any
applicable code.
D.
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of the firm and
the actual name(s) of the owner of the vacant or abandoned property
or the firm's individual principal(s) responsible for maintaining
the abandoned and vacant property. The owner or the individual or
representative of the firm responsible for maintaining the abandoned
and vacant property shall be available by telephone or in person on
a basis of 24 hours per day, seven days per week. The two entities
may be the same or different persons. In the case of a creditor, both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey.
E.
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The owner of the property or the creditor shall be required to renew the registration annually as long as the building remains vacant and abandoned and shall pay a registration or renewal fee in the amount prescribed in § 306-27 of this article for each vacant and abandoned property registered.
F.
The annual renewal shall be completed by January 1 of each year.
The initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
G.
The owner of the property or the creditor shall notify the municipal
clerk within 30 calendar days of any change in the registration information
by filing an amended registration statement on a form provided by
the municipal clerk for such purpose.
H.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the creditor.
A.
The owner of a property or a creditor filing a summons and complaint
in an action to foreclose on a residential property within the Township
shall be immediately responsible for the care, maintenance, security,
and upkeep of the exterior of the property, after the property becomes
vacant and abandoned as defined in this article.
B.
Where a creditor is located out of state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of § 306-28A. Notice of said representative or agent shall be provided to the municipal clerk pursuant to § 306-26C and D of this article and pursuant to paragraph (1) of subsection (a) of section 17 of P.L. 2008, c.127 (N.J.S.A. 46:10B-51).
A.
The enforcement officers designated in this article shall be authorized to issue a notice to the owner of the property, or a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Borough, if the enforcement officer determines that the owner of the property, or creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Borough has violated this article by failing to provide for the care, maintenance, security, and upkeep of the exterior of a vacant and abandoned property. Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to § 306-28B and paragraph (1) of subsection (a) of section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
The duty of administering and enforcing the provisions of this
article is conferred upon the municipal clerk, construction official,
zoning officer, housing officer, health officer, and any other duly
appointed representatives.
A.
The owner of a property, or a creditor subject to this article that
is found by the municipal court of the Borough, 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 $1,500 for each day of the violation. Any fines imposed pursuant
to this subsection shall commence 31 days following the 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.
B.
An out-of-state creditor subject to this article that is found by
the municipal court of the 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 this article 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 set forth
in paragraph (1) of subsection a, of section 17 of P.L. 2008, c. 127
(N.J.S.A. 46:10B-51) for providing notice to the municipal clerk that
a summons and complaint in an action to foreclose on a mortgage has
been served.
C.
The owner of a property, or a creditor subject to this article, that is found by the municipal court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to register a vacant and abandoned property pursuant to § 306-26 of this article shall be subject to a fine not exceeding $2,000. Any fines imposed on a creditor under this subsection shall commence 11 days following receipt of notice from the Borough pursuant to § 306-26 of this article.
D.
No less than 20% of any money collected by the Borough pursuant to
this article shall be utilized by the Borough for municipal code enforcement
purposes.
E.
Nothing in this article is intended to nor shall be read to conflict
or prevent the Borough from taking action against buildings found
to be unfit for human habitation or unsafe structures as provided
in the applicable provisions of the Dumont Borough Code and/or the
Uniform Construction Code. Further, any action taken under any such
Code provision other than the demolition of a structure shall not
relieve the owner from its obligations under this article.
F.
Municipal powers to rehabilitate abandoned property. The Borough
hereby grants to itself all such powers granted to municipalities
by the State of New Jersey for the rehabilitation of abandoned property.
Such powers are set forth, inter alia, in the Abandoned Properties
Rehabilitation Act (N.J.S.A. 55:19-78 et seq.) and in applicable portions
of the New Jersey Urban Development Corporation Act (N.J.S.A. 55:19-1
through -77). These statutory powers are collectively referred to
as the "enabling statutes."
