It is the purpose and intent of the Mayor and Town Council of
the Town of Boonton to amend the process to address the deterioration,
crime, and decline in value of Town neighborhoods caused by property
with foreclosing or foreclosed mortgages located within the Town,
and to identify, regulate, limit and reduce the number of these properties
located within the Town. It has been determined that owner-occupied
structures are generally better maintained when compared to vacant
structures, even with a diligent off-site property owner. Vacant structures
or structures owned by individuals who are economically strained and
unable to meet their mortgage obligations are often not properly or
diligently maintained, which contribute to blight, declined property
values, and have a negative impact on social perception of the residential
areas where they are located. It is the Mayor and Town Council of
the Town of Boonton's further intent to establish a registration
program as a mechanism to help protect neighborhoods from becoming
blighted through the lack of adequate maintenance of properties that
are in foreclosure or foreclosed, and to provide a mechanism to avert
foreclosure actions through timely intervention, education, or counseling
of property owners.
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:
ANNUAL REGISTRATION
Twelve months from the date of the first action that requires
registration, as determined by the Town, or its designee, and every
subsequent 12 months. The date of the initial registration may be
different than the first action that required registration.
DEFAULT
Shall mean 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 Town 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, passers-by,
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 lien holder,
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 lien holder, 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, lien holder, or their designee, by certificate of title,
or any other means, is sold to a non-related 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
as the assignee or owner.
OWNER
Every person, entity, or mortgagee, 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 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 or mortgagee 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 Town limits.
REGISTRABLE PROPERTY
A.
Any real property located in the Town, whether vacant or occupied,
that is encumbered by a mortgage subject to 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 non-related
bona fide purchaser in an arm's length transaction 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 Town to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
chapter.
SEMI-ANNUAL REGISTRATION
Six months from the date of the first action that requires
registration, as determined by the Town, 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 Town 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 Town that contains any building
or structure that is not lawfully occupied.
This chapter applies to foreclosing, foreclosed, and vacant
property within the Town.
Pursuant to the provisions of this chapter the Town, or its
designee, shall establish a registry cataloging each registrable property
within the Town, containing the information required by this chapter.
The provisions of this chapter are cumulative with and in addition
to other available remedies. Nothing contained in this chapter shall
prohibit the Town from collecting on fees, fines, and penalties in
any lawful manner; or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or ordinance.
All registrable property is at risk of being a public nuisance
and if vacant or blighted can constitute 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 Town.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement officer 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 Town
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.
Unless otherwise provided for in this chapter, a violation of
this chapter is declared unlawful.
Registration fees and penalties outlined in this chapter may
be modified by an amendment to this chapter, passed and adopted by
the Mayor and Town Council of the Town of Boonton.
It is hereby declared to be the intention of the Town that the
sections, paragraphs, sentences, clauses, and phrases of this chapter
are severable, and if any phrase, clause, sentence, paragraph, or
section of this chapter shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this chapter.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed and replaced.
It is the intention of the Mayor and Town Council of the Town
of Boonton that the provisions of this chapter shall become and be
made a part of the Town Code of Ordinances; and that the sections
of this chapter may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section," "chapter,"
or such other appropriate word or phrase in order to accomplish such
intentions.