[HISTORY: Adopted by the Township Committee of the Township of Maplewood 5-21-2019 by Ord. No. 2957-19;[1] amended in its entirety 3-21-2023 by Ord. No. 3089-23. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 205, Vacant and Abandoned Property, which consisted of Art. I, Registration of Residential Property, adopted 2-20-2018 by Ord. No. 2891-18.
As used in this chapter, the following terms shall have the meanings indicated:
ANNUAL REGISTRATION
Twelve months from the date of the first action that requires registration, as determined by the Township, or its designee, and every subsequent 12 months. The date of the initial registration may be different than the date of the first action that required registration.
DEFAULT
That the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the Township to enforce the applicable code(s).
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown and/or dead vegetation; past-due utility notices and/or disconnected utilities; accumulation of trash, junk, or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passersby, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code.
FORECLOSURE OR FORECLOSURE ACTION
The legal process by which a mortgagee, or other lienholder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. This definition shall include, but is not limited to, a complaint and summons filed with respect to foreclosure on a mortgage, a lis pendens filed against it by the lender holding a mortgage on the property, a deed-in-lieu of foreclosure, sale to the mortgagee or lienholder, certificate of title and all other processes, activities and actions, by whatever name, associated with the described process. The legal process is not concluded until the property obtained by the mortgagee, lienholder, or their designee, by certificate of title, or any other means, is sold to a nonrelated bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor, any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
OWNER
Every person or entity who, alone or severally with others, has legal or equitable title to any real property as defined by this chapter, has legal care, charge, or control of any such property; is in possession in or control of any such property; and/or is vested with possession or control of any such property. The property manager shall not be considered the owner.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting, maintaining and securing the property as required in this chapter.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number located in the Township limits.
REGISTRABLE PROPERTY
A. 
Any real property located in the Township, whether vacant or occupied, that is encumbered by a mortgage in Default as evidenced by an ongoing foreclosure action by the mortgagee or trustee, has been the subject of a foreclosure action by a mortgagee or trustee and a judgment has been entered, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. The designation of a foreclosure property as registrable shall remain in place until such time as the property is sold to a nonrelated bona fide purchaser in an arm's length transaction and/or the foreclosure action has been dismissed; or
B. 
Any property that is vacant for more than 30 days or any cancellation of utility or service, whichever occurs first.
REGISTRY
A web-based electronic database of searchable real property records used by the Township to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required in this chapter.
SEMIANNUAL REGISTRATION
Six months from the date of the first action that requires registration, as determined by the Township, or its designee, and every subsequent six months. The date of the initial registration may be different than the date of the first action that required registration.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Township codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT
Any parcel of land in the Township that contains any building or structure that is not lawfully occupied.
A. 
The owner of any registrable property as defined herein shall, within 10 days after the building becomes registrable property or within 10 days after assuming ownership of the registrable property, or within 10 calendar days after receipt of notice from the Township, file a registration statement for each such registrable property with the Building Department on forms provided by the Township or designee for such purposes.
B. 
The registration of real property that is not subject to a mortgage in foreclosure shall remain valid for six months from the date of registration. The owner shall be required to renew the registration every six months as long as the building remains registrable property and shall pay a registration or renewal fee in the amount prescribed herein for each registrable property registered. Upon a change of ownership, a registration statement must be updated within 10 days of closing.
C. 
The registration real property that is subject to a mortgage in foreclosure shall remain valid for 12 months from the date of registration. The mortgagee shall be required to renew the registration every 12 months as long as the building remains registrable property and shall pay a registration or renewal fee in the amount prescribed herein for each registrable property registered. Upon a change of ownership, a registration statement must be updated within 10 days of closing.
D. 
Each individual real property that is subject to a mortgage in foreclosure on the registry that has been registered for six months or more prior to the effective date shall have 30 days to renew the registration and pay the nonrefundable annual registration fee. Properties registered less than six months prior to the effective date shall renew the registration every 12 months from the expiration of the original registration renewal date and shall pay the nonrefundable annual registration fee.
E. 
Any owner or mortgagee of any building that meets the definition of "registrable property" prior to the effective date of this chapter shall file a registration statement for that property within 30 days of the effective date of this chapter. The registration statement shall include the information required in this chapter, as well as any additional information that the Building Department may reasonably require.
F. 
The owner or mortgagee shall notify the Building Department within 10 days of any change in the registration information by updating the registration statement in a form provided by the Building Department for such purposes.
G. 
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 Township against the owner or owners of the building.
H. 
Registration of registrable property does not alleviate the mortgagee and/or owner from obtaining all required licenses, permits and inspections required by applicable code or state statutes. Acquisition of required licenses, permits and inspections or registration of rental property does not alleviate the requirement for the property to be registered under this section. The mortgagee and/or property owner is expected to update the status of the property in the event of a mortgagee-managed rental.
Registration fees and penalties outlined in this chapter relating to registration of properties subject to foreclosure may be modified by amendment to this chapter passed and adopted by the Board of Commissioners.
After filing a registration statement or a renewal of a registration statement, the mortgagee or owner of any registrable property shall provide access to the Township to conduct an exterior and interior inspection of the building to determine compliance with the Municipal Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.
A. 
The registration statement shall include the name, street address and telephone number of a natural person 21 years of age or older, designated by the mortgagee, owner or owners 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 mortgagee, owner or owners in connection with the enforcement of any applicable code. This person must maintain an office in the State of New Jersey or reside within the State of New Jersey. The statement shall also include the name of the person responsible for maintaining and securing the property, if different.
B. 
An owner who is a natural person and who meets the requirements of this chapter as to location of residence or office may designate himself or herself as agent.
C. 
By designating an authorized agent under the provisions of this section, the mortgagee or owner consents to receive any and all notices of code violations concerning the registered property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any mortgagee or owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the mortgagee or owner notifies the Building Department of a change of authorized agent or until the mortgagee or owner files a new annual registration statement. The designation of an authorized agent in no way releases the mortgagee or owner from any requirement of this chapter.
A. 
At the time of initial registration, each registrant of real property that is not subject to a mortgage in foreclosure shall pay a nonrefundable semiannual registration fee of $500 for each registrable property. Subsequent semiannual registrations of registrable properties and fees in the amount of $500 are due within 10 days of the expiration of the previous registration. Said fees shall be used to offset the costs of 1) registration and registration enforcement, 2) code enforcement and mitigation related to registrable properties, 3) post-closing counseling and foreclosure intervention limited to owner-occupied persons in default, which may not include cash and mortgage modification assistance, and 4) for any related purposes as may be adopted in the policy set forth in this chapter. Said fees shall be paid to the Township or its designated vendor, at the discretion of the Township, and shall be dedicated to the cost of implementation and enforcement of this chapter and fulfilling the purpose and intent of this chapter. None of the funds provided for in this section shall be utilized for the legal defense of foreclosure actions.
B. 
At the time of initial registration, each mortgagee of real property that is subject to a mortgage in foreclosure shall pay a nonrefundable annual registration fee of $500 for each registrable property. Subsequent annual registrations of registrable properties and fees in the amount of $500 are due within 10 days of the expiration of the previous registration.
C. 
If the registrable property is not registered, or the registration fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee equivalent to 10% of the registration fee shall be charged for every thirty-day period, or portion thereof, the property is not registered and shall be due and payable with the registration.
The owner of any vacant property, and any person maintaining, operating or collecting rent for any vacant property, shall, within 30 days:
A. 
Enclose and secure the premises against unauthorized entry as provided in the applicable provisions of the Municipal Code.
B. 
Post a sign affixed to the premises indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process and the person responsible for day-to-day supervision and management of the premises, if such person is different from the owner holding title or the authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches.
C. 
Maintenance. Maintain vacant property for the entire period of vacancy in accordance with all applicable local and state property maintenance codes or ordinances, building codes, health codes and fire codes pertaining to the exterior condition and appearance of the building, the safety and structural integrity of the building, the outdoor portion of the property, the condition and safety of accessory structures on the property, and any conditions on the property which constitute a hazard or adversely affect the health and safety of persons who may have contact with the vacant property.
(1) 
Promptly repair all broken windows, doors and other openings and unsafe conditions. Boarding up of open and broken windows and doors is prohibited, except as a temporary measure for no longer than 45 consecutive days, which period may be extended at the discretion of the Fire Official. Boards or coverings must be installed and painted in accordance with Township specifications.
(2) 
Provide access to the vacant property promptly upon reasonable notice to permit municipal employees, or inspectors acting on behalf of the Township, to conduct exterior and interior inspections to determine compliance with municipal and or other applicable codes. Owners of vacant properties are deemed to consent to immediate access to the vacant property in order to inspect and/or correct any conditions that create a danger to the public health, safety and welfare.
The Building Department may issue rules and regulations for the administration of the provisions of this chapter.
A. 
Any owner who is not in full compliance with this chapter or who otherwise violates any provision of this chapter or of the rules and regulations issued hereunder shall be subject to a fine as follows:
(1) 
First offense: $500.
(2) 
Second offense: $1,000.
(3) 
Third and subsequent offense: $1,500.
B. 
Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property.
C. 
For purposes of this section, failure to file a registration statement in accordance with above, failure to provide correct information on the registration statement, failure to update registration information or failure to comply with any provisions of this chapter shall be deemed to be violations of this chapter.
D. 
Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3 g.(1): "An out-of-State creditor subject to an ordinance adopted pursuant to subsection a. of this section found by the municipal court of the municipality in which the property subject to the ordinance is located, 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 the ordinance shall be subject to a fine of up to $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 (C.46:10B-51) or paragraph (1) of subsection a. of section 2 of P.L. 2021, c. 444 (C. 40:48-2.12s2) for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served."
E. 
Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3 g.(2): "A creditor subject to an ordinance adopted pursuant to subsection a. of this section found by the municipal court of the municipality in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by paragraph (1) of this subsection, of the ordinance shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following receipt of the notice of violation, 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."
Nothing in this chapter is intended to or shall be read to conflict or prevent the Township from taking action against buildings found to be unfit for human habitation or unsafe structures, as provided in applicable provisions of the Code of the Township of Maplewood, or imposing a lien for costs on any property to the full extent permitted by law. Further, any action taken under any such Code provision other than the demolition of a structure shall relieve an owner from its obligations under this chapter.