[Adopted 12-2-2014 by Ord. No. 3-2014]
In conformity with N.J.S.A. 46:10B-51, the intent of this article
is to provide for the enforcement of Borough property maintenance
standards and the State Housing Code against vacant properties pending
foreclosure.
In the event of a violation of a state or local ordinance, the
municipality shall serve the creditor with a notice that shall include
a description of the condition(s) that gave rise to the violation
with the notice and shall provide a period of not less then 30 days
from the creditor's receipt of the notice for the creditor to remedy
the violation, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
If the Borough expends public funds in order to abate a nuisance or correct a violation on a residential property in which the creditor was given notice pursuant to the provisions of §
65-4 but failed to abate the nuisance or correct the violation as directed, the municipality 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.
[Adopted 8-16-2022 by Ord. No. 2022-08]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
APPLICABLE CODES
To include, but not be limited to, the Borough of Washington
Code of Ordinances ("Borough Code"), and the New Jersey Building Code.
CREDITOR
As defined in accordance with N.J.S.A. 40:48-2.12s2(d), means
state-chartered bank, savings bank, savings and loan association or
credit union, any person required to be licensed under the provisions
of the New Jersey Residential Mortgage Lending Act, Sections 1 through
39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and
any entity acting on behalf of the creditor named in the debt obligation,
including, but not limited to, servicers. For purposes of this section,
a "creditor" shall not include the state, a political subdivision
of the state, or a state, county, or local government entity, or their
agent or assignee, such as the servicer.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Borough of Washington to enforce the
applicable code(s).
FORECLOSURE
The legal process by which a mortgagee terminates a mortgagor's
interest in real property either to obtain legal and equitable title
to the real property pledged as security for a debt or to force a
sale of said property to satisfy a debt. For purposes of this article,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this article,
the process is not concluded until the property is sold to a bona
fide purchaser not related to the mortgagee in an arm's-length
transaction whether by Sheriff's sale, private sale following
a Sheriff's sale, or private sale following the vesting of title
in the mortgagee pursuant to a judgment.
MORTAGEE
The creditor, including, but not limited to, 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, excluding
governmental entities as assignee or owner.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
VACANT
Any building or structure that is not legally occupied.
VACANT AND ABANDONED REAL PROPERTY
As defined in accordance with N.J.S.A. 40:48-2.12s3(b)(8),
shall mean property that 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:
A.
Overgrown or neglected vegetation;
B.
The accumulation of newspapers, circulars, flyers, or mail on
the property;
C.
Disconnected gas, electric, or water utility services to the
property;
D.
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
E.
The accumulation of junk, litter, trash, or debris on the property;
F.
The absence of window treatments such as blinds, curtains, or
shutters;
G.
The absence of furnishings and personal items;
H.
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
I.
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
J.
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
K.
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;
L.
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;
M.
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;
N.
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
O.
Any other reasonable indicia of abandonment.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Borough of Washington above and
beyond any other state, county or local provisions for same.
Pursuant to the provisions of §
65-10, the Borough of Washington or its designee shall establish a vacant and abandoned property registry containing the information required by this article.
All vacant and abandoned real property is hereby declared to
be a public nuisance, the abatement of which pursuant to the police
power is hereby declared to be necessary for the health, welfare and
safety of the residents of the Borough.
Any person who shall violate the provisions of this chapter
shall be cited and fined by one or more of the following: imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; or
by a fine not less than $500 nor exceeding $1,250; or by a period
of community service not exceeding 90 days. Any person who is convicted
of violating this chapter within one year of the date of a previous
violation of the same section, and who was fined for the previous
violation, shall be sentenced by a court to an additional fine as
a repeat offender. The additional fine imposed by the court upon a
person for a repeated offense shall not be less than the minimum or
exceed the maximum fine fixed for a violation of this chapter, but
shall be calculated separately from the fine imposed for the violation
of this chapter.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s) which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s).
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the Code Enforcement Office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Borough
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this chapter.