[Adopted 11-15-2018 by Ord. No. 25-18]
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor
filing a summons and complaint in an action to foreclose on a mortgage
on any residential property shall be responsible for the care, maintenance,
security and upkeep of the exterior of the property, in the event
the property is vacated or abandoned by the title owner of the property
during the pendency of the foreclosure action.
If any foreclosing creditor is located outside of the State
of New Jersey, such foreclosing creditor shall be responsible for
appointing an in-state representative or agent to act on behalf of
the out-of-state foreclosing creditor. Any 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 pursuant to N.J.S.A.
46:10B-51(a)(1).
All foreclosing creditors and, in the case of an out-of-state
creditor, their in-state representatives, shall be responsible for
complying with the requirements of all other rules, regulations and
ordinances adopted by the City relating to vacant and/or abandoned
property in the same manner as those rules, regulations and ordinances
pertain to the title owners of such vacant and/or abandoned property.
A public officer appointed pursuant to N.J.S.A. 40:48-2.3, et
seq., or any other authorized municipal official is hereby authorized
to issue notices of violation pursuant to N.J.S.A. 46:10B-51(b) to
any creditor filing a summons and complaint in an action to foreclosure
if the public officer or municipal official determines that the creditor
has violated this article by failing to provide for the care, maintenance,
security, and upkeep of the exterior of any property. 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 the public health
and safety. The issuance of a notice pursuant to this subsection shall
constitute proof that a property has been vacated and abandoned by
its owner for the purposes of N.J.S.A. 2A:50-73.
The notice shall:
If the City expends funds in order to abate a nuisance or correct
a violation on a residential property in which the foreclosing creditor
was given a notice of violation but failed to abate the nuisance or
correct the violation as directed, the City shall have the same recourse
against the creditor as it would have against the title owner of the
property, including, without limitation, the recourse provided under
N.J.S.A. 55:19-100.
A.
An out-of-state creditor subject to this article, found by the Municipal
Court of the City of Long Branch, or by any other court of competent
jurisdiction, to be in violation of the requirements 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 conclusion of the ten-day
period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice
to the municipal clerk that a summons and complaint in an action to
foreclose on a mortgage has been served.
B.
In the event that the municipal court of the City of Long Branch,
or any other court of competent jurisdiction, finds that a creditor,
subject to this article, has not complied with the notice of violation
issued for failure to provide for the care, maintenance, security,
or upkeep of property pursuant to the City's ordinances, such creditor
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 receipt of the notice of violation, except if the violation
presents an imminent threat to public health and safety, in which
case any such fines shall commence 11 days following receipt of the
notice of violation.
No less than 20% of the funds collected pursuant to this article
shall be used by the City for purposes relating to its municipal code
enforcement actions.
If any article, section, subsection, sentence, clause or phrase
of this article is, for any reason, held to be unconstitutional or
invalid, such decision shall not affect the remaining portions of
this article and they shall remain in full force and effect.
In the event of any inconsistencies between the provisions of
this article and any prior ordinance of the City, the provisions hereof
shall be determined to govern. All other ordinances of the City are
hereby ratified and confirmed, except where inconsistent with the
terms hereof.
