[Adopted 12-9-2014 by Ord. No. 2014-8]
[Amended 2-21-2023 by Ord. No. 2023-01]
A. Creditor responsibility. Within 30 days of the effective date of this article, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Township i) prior to the effective date of this article, and ii) which is pending as of the effective date of this article, shall provide notice in accordance with Subsection
B of this section.
B. Notice.
(1) Within 10 days of filing a summons and complaint with the New Jersey
Superior Court in an action to foreclose on a commercial and/or residential
mortgage for a property located within the Township, the creditor
shall notify the Township Clerk, or his/her designee, of the action.
Such notice shall include:
(a)
The address, block and lot of the subject property;
(b)
The date the summons and complaint in an action to foreclose
on a mortgage was filed against the subject property, the court in
which it was filed, and the docket number of the filing;
(c)
Whether the property is vacant and abandoned in accordance with
the definition in this chapter;
(d)
The full name, address, and telephone number for the representative
of the creditor who is responsible for receiving notice of complaints
of property maintenance code violations;
(e)
The full name, address, and telephone number of any persons
or entity retained by the creditor or a representative of the creditor
to be responsible for any care, maintenance, security, or upkeep of
the property; and
(f)
If the creditor is out of state, the full name, address, and
telephone number of an in-state representative or agent who shall
be responsible for any care, maintenance, security, or upkeep of the
property, and for receiving notice of complaints of property maintenance
and code violations.
(2) The notice requirements herein represent a continuing obligation
throughout the pendency of the foreclosure action. After initial notice
to the Township, creditors subject to the notice requirement shall
update the Township's property registration program within 10
days of any change in the information contained in the original or
any subsequent notices.
C. Creditors of any commercial and/or residential mortgage required
to notify the Township pursuant to this section shall:
(1) Register the property with the Township's property registration
program as a property in foreclosure within 30 days of notifying the
Township.
(2) Be subject to the registration fee, notice requirements, and penalties
for noncompliance established within this chapter.
(3) Update the property registration within 10 days of any change in
the information contained in the original notice to the Township.
(4) If an out-of-state creditor, appoint an in-state representative or
agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Township.
(5) Within 10 days of the property becoming vacant and abandoned at any
time during the pendency of the foreclosure action, the creditor shall:
(a)
Assume responsibility for the care, maintenance, upkeep, and
security of the exterior of the property;
(b)
Secure the property against unauthorized entry;
(c)
Post a sign on the inside of the property, visible to the public,
containing the name, address, and telephone number of the creditor,
or an out-of-state creditor's in-state representative or agent,
for the purpose of receiving service of process;
(d)
Acquire and maintain a vacancy insurance policy which covers
any damage to any person or property caused by any physical condition
of the property while registered with the Township's property
registration program;
(e)
Provide proof, within 10 days of receiving a request by the
Township or its designee, that the above conditions have been satisfied;
(f)
Cure any violations of the above requirements within 30 days
of receiving a notice of violation or, if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice.
(6) Update the property registration within 10 days of the creditor becoming
aware that the property is deemed vacant and abandoned as defined
herein.
D. If at any time the creditor is deemed to be in violation of the above
requirements, and/or if the property is deemed to be in violation
of any other applicable local or state maintenance, health, or safety
codes, the Code Official or his/her designee shall notify the creditor
using the contact information provided in the property registry established
by this chapter.
If the public officer, or other authorized municipal official
as designated by the Township Administrator, determines that a property
is vacant or abandoned and that a creditor that is obligated to care,
maintain, secure and keep up a vacant and abandoned property has failed
to do so in violation of any of the provisions of the ordinances of
the Township of Edgewater Park, the public officer or other authorized
municipal official shall issue a notice of violation to the creditor
that has filed a summons and complaint to foreclose on the property
in question. The notice shall require the person or entity to correct
the violation within 30 days of receipt of the notice, or within 10
days of receipt of the notice if the violation presents an imminent
threat to public health and safety. The issuance of this notice shall
constitute evidence that a property is "vacant and abandoned" for
purposes of N.J.S.A. 2A:50-73.
[Amended 2-21-2023 by Ord. No. 2023-01]
An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided to the Municipal Clerk pursuant to N.J.S.A. 46:10B-51a(1). An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine as set forth in §
393-12A of this chapter.
[Amended 2-21-2023 by Ord. No. 2023-01]
Any person, firm, corporation or entity violating any provision of this article shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty, of this Code. A creditor required to care, maintain, secure and keep up a property under this article cited in a notice issued pursuant to §
393-2 shall be subject to a fine set forth in §
393-12B of this chapter.
[Amended 2-21-2023 by Ord. No. 2023-01]
Notice of violations of property maintenance, building or other
property codes for any property declared vacant and abandoned pursuant
to the ordinances of the Township of Edgewater Park shall be given
to a foreclosing creditor as required by P.L. 2021, c. 444.
[Adopted 10-3-2017 by Ord. No. 2017-2]
As used in this article, the following terms shall have the
meanings indicated:
CREDITOR
A 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, agent, or assignee acting on behalf of the creditor named
in the debt obligation, including, but not limited to, servicers,
who has filed a complaint in the Superior Court seeking to foreclose
upon a residential or commercial mortgage. 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.
[Added 2-21-2023 by Ord.
No. 2023-01]
OWNER
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, Sec. 17, as amended by P.L. 2009, c. 296), or any other entity
determined by the Township of Edgewater Park to have authority to
act with respect to the property.
VACANT
Property shall be considered vacant and 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:
[Added 2-21-2023 by Ord.
No. 2023-01]
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.
[Amended 2-21-2023 by Ord. No. 2023-01]
The owner of any vacant property as defined herein shall, within
30 calendar days after the building becomes vacant or abandoned property
or within 30 calendar days after assuming ownership of the vacant
property, whichever is later, or within 10 calendar days of receipt
of notice by the municipality, file a registration statement for such
vacant property with the Township Clerk on forms provided by the Township
for such purposes. Failure to receive notice by the municipality shall
not constitute grounds for failure to register the property.
The owner of any vacant property registered under this article
shall provide access to the Township to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes, upon reasonable notice to the property owner or the designated
agent. Such inspections shall be carried out on weekdays during the
hours of 8:00 a.m. and 4:00 p.m., or such other time as may be mutually
agreed upon between the owner and Township.
[Amended 8-18-2020 by Ord. No. 2020-4; 2-21-2023 by Ord. No. 2023-01]
A creditor shall be required to pay an annual fee to register a property as set forth in §
393-1 of this chapter.
A. Creditors shall be required to pay a fee of $500 per property annually
for any property that is required to be registered because a summons
and complaint in an action to foreclose was filed by the creditor.
B. Creditors shall be required to pay an additional $2,000 per property
annually if the property is vacant or abandoned pursuant to the definition
in this article when the summons and complaint in an action to foreclose
is filed, or becomes vacant and abandoned pursuant to the definition
in this article at any time thereafter while the property is in foreclosure.
The owner of any building that has become vacant property, and
any person maintaining or operating or collecting rent for any such
building that has become vacant, shall, within 30 days thereof:
A. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code or as set forth
in rules and regulations supplementing those codes; however, no person
shall use plywood to secure real property that is deemed vacant or
abandoned pursuant to this section of the Township Code. Clear, impact-resistant
polycarbonate sheeting with a thickness in excess of 3/16 inch must
be used in place of plywood, except as directed by the Township Code
Enforcement Officer; and
[Amended 2-5-2019 by Ord.
No. 2019-1]
B. Affix a sign to the building 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 the day-to-day
supervision and management of the building, if such person if different
from the owner holding title or 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 eight inches by 10 inches; and
C. Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
D. Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well
maintained and free from trash, debris, loose litter and grass and
weed growth; and
E. Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repaired and/or rehabilitation of the building
is complete.
F. If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if a residential property becomes vacant 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 operator or any other third party, and the property is found to be a nuisance and/or in violation of any of the provisions of this article, the Code Enforcement Officer shall notify the operator, which shall have the responsibility to abate the nuisance and/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 this article. The Township shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the operator's receipt of the notice for the operator to remedy the violation. If the owner/creditor fails to remedy the violation within that time period, the Township may impose penalties allowed for such violations pursuant to §
393-12 of this article.
[Added 2-21-2023 by Ord.
No. 2023-01]
[Amended 8-18-2020 by Ord. No. 2020-4; 2-21-2023 by Ord. No. 2023-01]
A. An out-of-state creditor subject to the notice and registration requirements
of this chapter found to be in violation of the requirement to appoint
an in-state representative or agent shall be subject to a fine of
$2,500 for each day of the violation. The violation shall be deemed
to commence on the day after the creditor's initial ten- or thirty-day
requirement to notify the Township of applicable foreclosure actions.
B. A creditor subject to the notice and registration requirements of
this chapter found to be in violation of any other section of this
chapter shall be subject to a fine of $1,500 for each day of the violation.
The violation shall be deemed to commence on the 31st day following
the creditor's receipt of a notice of violation or, if deemed
to present an imminent threat to public health and safety, on the
11th day following the creditor's receipt of such notice.
C. If the Township expends public funds in order to abate a nuisance
or correct a violation on a commercial property in situations in which
the creditor was given notice pursuant to this chapter but failed
to abate the nuisance or correct the violation as directed, the Township
shall have the same recourse against the creditor as it would have
against the owner of the property, including but not limited to the
recourse provided under N.J.S.A. 55:19-100 et seq.
D. For all other provisions of this article, any owner, operator or
occupant who or which shall violate any of the provisions of this
article shall, upon conviction in the Edgewater Park Township Municipal
Court or any such other court having jurisdiction, be sentenced to
a fine not exceeding $1,000 or imprisonment for a term not exceeding
30 days, or both. Each day that a violation occurs shall be deemed
a separate offense and subject to the penalty provisions of this article.
E. For purposes of this article, failure to file a registration statement under §
393-7 within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein, shall be deemed to be violations of this article.