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.
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.
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.
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.