[Ord. #95-19 § 501.1]
The provisions of this Article shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
[Ord. #95-19 § 501.2]
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in Sections 15-19 and 15-20. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this Article.
[Ord. #95-19 § 501.3]
All vacant structures and premises thereof or vacant land shall
be maintained in a clean, safe, secure and sanitary condition as provided
herein so as not to cause a blighting problem or adversely affect
the public health or safety.
[Ord. #95-19 § 501.4]
Pertinent definitions are contained within Article II of this Code.
[Ord. #95-19 § 502.1]
All exterior property and premises shall be maintained in a
clean, safe and sanitary condition. The occupant shall keep that part
of the exterior property which such occupant occupies or controls
in a clean and sanitary condition.
[Ord. #95-19, § 502.2]
All premises shall be graded and maintained to have a free flow
of surface drainage and to prevent the accumulation of stagnant water
thereon, or within any structure located thereon, or it shall be the
property owner's responsibility to insure that the property grading
is in accordance with the Township Grading Ordinance requirements
and has positive drainage so that water does not pond or accumulate
on the premises. In addition, the property owner shall be responsible
for insuring that the grading, regrading or modification of the topography
of the property, drainage facilities and/or discharge of sump pumps
or roof drains do not adversely impact adjoining, adjacent or nearby
property or cause erosion, or interrupt the natural flow of existing
drainage facilities and/or create a nuisance upon any adjacent premises
or structure thereto.
Exception: Water retention areas and reservoirs approved by
the Property Maintenance Inspector.
[Ord. #95-19 § 502.3]
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous or dangerous conditions. It is the responsibility of the owner to maintain the proper repair of all sidewalks on the property. This includes all property to and including the curb line. Stairs shall comply with the requirements of subsections 15-17.11, 15-25.5 and 15-25.6.
[Ord. #95-19 § 502.4; Ord. #99-11, § 1,
2-8-99]
a.
Weeds. All premises and exterior property shall be maintained free
from weeds or plant growth in excess of ten (10") inches (254 mm).
All noxious weeds shall be prohibited. Weeds shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, this term shall not include maintained cultivated
flowers and gardens.
b.
Trees and Shrubs. Dead and dying trees, limbs, and leaves, or other
natural growth which, by reason of rotting or deteriorating conditions
or storm damage, constitute a hazard to persons in the vicinity thereof
shall be kept pruned and trimmed to prevent such conditions. The properties
on which such natural growth is located shall be kept clean so as
not to constitute a hazard.
c.
Trees. It is the responsibility of the owner of the premises to maintain
all trees located on the premises.
d.
Tree Removal. It is the responsibility of the premises owner to remove
any dead or decaying trees. Any trees removed from a premises are
governed by Township Ordinance 74-10.
e.
Vacant and Undeveloped Land. It is the responsibility of the owner
of any vacant or undeveloped land to have the property maintained
at a minimum point of ten (10') feet from any right-of-way. This includes,
but is not limited to, cutting of grass and weeds, trimming and pruning
of trees, maintaining a sight line and other maintenance consistent
with this subsection.
f.
Penalties.
1.
First Offense: Any person, entity, firm, corporation or group who
has been cited for violation of this section, may plead guilty by
affidavit through the Township of Cherry Hill Municipal Court. The
fine for a first time offense, plead guilty by affidavit, is fifty
($50.00) dollars. The offending party may also appear in Municipal
Court and plead not guilty to the citation, and be heard before the
Court.
2.
Second and/or Subsequent Offenses: Any subsequent offenses of this
section shall be scheduled for Court, at which time, the person, entity,
firm, corporation, or group who has been cited for violation of this
section will be required to appear in Municipal Court, and could be
held responsible for court costs and subject to a fine of not less
than one hundred ($100.00) dollars nor more than five hundred ($500.00)
dollars. Each day that a violation continues shall be deemed a separate
offense.
3.
In addition to any penalty, pursuant to paragraph f2 above, the violation
must be corrected by the notice date and must be properly maintained
thereafter, or the owner of the property will be cited for an additional
offense and will be required to appear in Municipal Court. Each day
that a violation continues shall be deemed a separate offense.
[Ord. #95-19 § 502.5; Ord. #99-11, § 2,
2-8-99]
All structures and exterior property shall be kept free from
rat infestation. Where rats are found, they shall be promptly exterminated
by approved processes which will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent
re-infestation. The Township Animal Control Officer and the County
Board of Health Officer may be consulted as to the proper processes
for rat infestation prevention and cure.
a.
Storage of Wood. All wood piles, including firewood, which are stored
outdoors should be stored in the rear or side yard and should be ground
level.
[Ord. #95-19 § 502.6]
Pipes, ducts, conductors, fans, blowers or chimneys shall not discharge gases, steam, vapor, hot air, grease, smoke, or other particulate wastes directly upon or affecting abutting or adjacent public or private property or that of another tenant as per the National Mechanical Codes referred to in Section 15-52.
[Ord. #95-19 § 502.7]
All accessory structures, including detached garages, fences
and walls, shall be maintained structurally sound and in good repair.
[Ord. #95-19 § 502.8; Ord. #99-11, § 3,
2-8-99]
Except as provided in other regulations, no unregistered, uninsured
or uninspected motor vehicle shall be parked, kept or stored on any
premises, and no vehicle shall at any time be in a state of major
disassembly, disrepair, or in the process of being stripped or dismantled.
The Property Maintenance Officer or his/her designee may cite the
property owner or the owner of the vehicle in violation.
a.
Temporary Permit Required. A temporary permit which permits the repair
of one (1) unregistered, uninsured or uninspected vehicle for a period
up to ninety (90) days may be applied for through the Township Zoning
Officer. An unregistered, uninsured or uninspected vehicle without
such a permit will be considered in violation of this section and
the Zoning Ordinance.
b.
Zoning Ordinance. All motor vehicles under this section shall comply
with Township Zoning Ordinance 88-60 (Ordinance 76-71 as amended),
Section 526.
c.
Attractive Nuisance. All motor vehicles under this section shall
be so secured as to not present an "attractive nuisance", public nuisance,
or dangerous condition.
Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes.
d.
Penalties.
1.
First Offense: Any person, entity, firm, corporation, or group who
has been cited for violation of this section, may plead guilty by
affidavit through the Township of Cherry Hill Municipal Court. The
fine for a first time offense, plead guilty by affidavit, is fifty
($50.00) dollars. The offending party may also appear in Municipal
Court and plead not guilty to the citation and be heard before the
Court.
2.
Second and/or Subsequent Offenses: Any subsequent offenses shall
be scheduled for Court, at which time, the person, entity, firm, corporation,
or group who has been cited for violation of this section will be
required to appear in Municipal Court, and could be held responsible
for court costs and subject to a fine of not less than one hundred
($100.00) dollars nor more than five hundred ($500.00) dollars. Each
day that a violation continues shall be deemed a separate offense.
3.
In addition to any penalty, pursuant to paragraph d2 above, the violation
must be corrected immediately or the owner of the property will be
cited for an additional offense and will be required to appear in
Municipal Court.
[Ord. #95-19 § 502.9]
Holes, excavations, breaks, projections, obstructions, icy conditions,
uncleared snow, and excretion of pets and other animals on paths,
walks, driveways, parking lots and parking areas, and other parts
of the premises which are accessible to and used by persons on the
premises. All such holes and excavations shall be filled and repaired,
walks and steps replaced and other conditions removed where necessary
to eliminate hazards of unsanitary conditions with reasonable dispatch
upon their discovery.
[Ord. #95-19 § 502.10]
It is the responsibility of the premises owners to maintain
the sewer laterals which connect the premises to the main line (amending
Ordinance 82-11-8). These sewer laterals shall be kept free of dirt,
debris, sanitation and roots and shall be maintained in a sanitary
condition.
[Ord. #95-19 § 502.11]
If needed, it is the responsibility of the premises owners to install and maintain sump pumps in proper working order. Sump pump installation shall be performed in accordance with all applicable construction codes and requirements. If there is to be discharge into the public right-of-way, a Right-of-Way permit shall also be required. The Right-of-Way permit may be acquired from the Township Engineering Department. If, in the opinion of the Property Maintenance Inspector, or their designee, it is feasible for the sump pump discharge to be connected directly to an existing storm sewer system, the Inspector has the authority to require same. If the discharge is to be onto the premises, the action shall not adversely impact adjacent, adjoining or nearby property in accordance with subsection 15-16.2. If the discharge of the water is made to the existing roadway, and is deemed to be a nuisance to nearby properties and/or to safe travel of the roadway, the Property Maintenance Inspector shall have the authority to review and/or require corrective measures.
[Ord. #97-25, § 1, 7-28-97]
All snow and ice shall be removed from sidewalks, driveways,
parking lots, parking areas, and other parts of the premises which
are accessible to and used by persons on the premises, or in the case
of ice which may be so frozen as to make removal impractical, shall
cause the same to be thoroughly covered with salt, sand, ashes, or
commercial ice-melting chemical applications, within forty-eight (48)
hours after the ice and/or snow shall cease to fall or be formed thereon.
Each day that such violation is permitted to exist shall constitute
a separate offense.
[Ord. #95-19 § 503.1]
The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the
public health, safety or welfare.
[Ord. #95-19 § 503.2]
Each structure to which a street number has been assigned shall
have such number displayed in a position easily observed and readable
from the public right-of-way at all hours of the day and night. All
numbers shall be in Arabic numerals at least three (3") inches (76
mm) high and one-half (1/2") inch (13 mm) stroke.
[Ord. #95-19 § 503.3]
All structural members shall be maintained free from deterioration,
and shall be capable of safely supporting the imposed dead and live
loads.
[Ord. #95-19 § 503.4]
All foundation walls shall be maintained plumb and free from
open cracks and breaks and shall be kept in such condition so as to
prevent the entry of rats.
[Ord. #95-19 § 503.5]
All exterior walls shall be free from holes, breaks, loose or
rotting materials; and maintained weatherproof and properly surface
coated where required to prevent deterioration.
[Ord. #95-19 § 503.6]
Exterior porches, landings, balconies, stairs and fire escapes.
Exterior porches, landings, balconies, stairs and fire escapes shall
be provided with banisters or railings properly designed and maintained
to minimize the hazard of falling, and the same shall be kept structurally
sound, in good repair, and free from defects.
[Ord. #95-19 § 503.7]
The roof and flashing shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure.
Roof water shall not be discharged in a manner that creates a public
nuisance.
[Ord. #95-19 § 503.8]
All cornices, belt courses, corbels, terra cotta trim, wall
facings and similar decorative features shall be maintained in good
repair with proper anchorage and in a safe condition.
[Ord. #95-19 § 503.9]
All canopies, marquees, signs, metal awnings, stairways, fire
escapes, standpipes, exhaust ducts and similar overhang extensions
shall be maintained in good repair and be properly anchored so as
to be kept in a safe and sound condition. When required, all exposed
surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
[Ord. #95-19 § 503.10]
All chimneys, cooling towers, smoke stacks, and similar appurtenances
shall be maintained structurally safe and sound, and in good repair
All exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
[Ord. #95-19 § 503.11]
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
[Ord. #95-19 § 503.12]
Every window, door and frame shall be kept in sound condition,
good repair and weather tight.
For all "A" use groups as defined by the BOCA National Building
Code, during the period from April 1 to October 1, every door, window
and other outside opening utilized or required for ventilation purposes
serving any structure containing habitable rooms, food preparation
areas, food service areas, or any areas where products to be included
or utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting
screens of not less than sixteen (16) mesh per inch and every swinging
door shall have a self-closing device in good working condition.
a.
Exception. Screen doors shall not be required for out-swinging doors
or other types of openings which make screening impractical, provided
other approved means, such as air curtains or insect repellent fans
are employed.
[Ord. #95-19 § 503.14]
All exterior doors and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units, rooming units
and guest rooms shall tightly secure the door.
[Ord. #95-19 § 503.15]
Every basement hatchway shall be maintained to prevent the entrance
of rats, rain and surface drainage water.
[Ord. #95-19 § 503.16]
Every basement window that is openable shall be supplied with
ratproof shields, storm windows or other approved protection against
the entry of rats.
[Ord. #95-19 § 503.17]
Appearance of exterior of premises and structures. The exterior
of the premises, the exterior of structures and the condition of accessory
structures shall be maintained so that the appearance of the premises
and structures shall not constitute a blighting factor for adjoining
property owners including the following:
a.
Storage of Commercial and Industrial Material. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas, equipment and materials relating to commercial
or industrial uses unless permitted under the Township Zoning Ordinance
for the premises.
b.
Landscaping. Premises with landscaping and lawns, hedges and bushes
shall be kept trimmed and from becoming overgrown and unsightly where
exposed to public view and where the same constitute a blighting factor
depreciating adjoining property.
c.
Reconstructed Walls and Sidings. Reconstructed walls and sidings
of nonresidential structures shall be of standard quality and appearance
commensurate with the character of the properties in the same block
and on both sides of the street on which the premises front, such
that the materials used will not be of a kind that by their appearance
under prevailing appraisal practices and standards will depreciate
the values of the neighboring and adjoining premises as aforesaid.
[Ord. #95-19 § 503.18]
The exterior of every structure or accessory structure (including
fences) shall be maintained in good repair. The same shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other condition reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated, and adjoining properties protected
from blighting influences. A periodic (every month) exterminating
service shall be maintained in all multiple family dwellings.
[Ord. #95-19 § 503.19]
a.
The outside building walls shall not have any holes, loose boards,
or any broken, cracked or damaged finish, which admits rain, cold
air, dampness, rodents, insects or vermin.
b.
Every dwelling shall be so maintained as to be weather and water
tight.
c.
Basements, cellar and crawl spaces shall be free of moisture resulting
from seepage, and cross ventilation shall be required where necessary
to prevent accumulations of moisture and dampness, and shall be paved
with stone or concrete not less than four (4") inches thick and shall
be maintained at all times in a condition so as to be smooth, clean,
free from cracks, breaks and other hazards.
[Ord. #95-19 § 504.1]
All exterior property and premises, and the interior of every
structure shall be free from any accumulation of rubbish or garbage.
[Ord. #95-19 § 504.2]
Every occupant of a structure shall dispose of all rubbish in
a clean and sanitary manner by placing such rubbish in containers
which can be securely closed.
a.
Rubbish Storage Facilities. The owner of every occupied premises
shall supply approved covered containers for rubbish, and the owner
of the premises shall be responsible for the removal of rubbish.
[Ord. #95-19 § 504.3]
Every occupant of a structure shall dispose of garbage in a
clean and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
a.
Garbage Facilities. The owner of every dwelling shall supply one
of the following: an approved mechanical food waste grinder in each
dwelling unit, or an approved leak proof, covered, outside garbage
container.
b.
Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, leak proof approved
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
[Ord. #95-19 § 504.4]
Any refrigerator which is not in use shall be properly secured
within the interior of the premises to prevent injury. Any refrigerator
to be discarded shall have its door removed.
[Ord. #95-19 § 504.5]
The owner or occupant of the premises which has large appliances
to be discarded shall make arrangements with the Township Department
of Public Works for the removal of the appliances. Large appliances
shall not be left at the curbside for regular garbage/trash removal.
Large appliances shall not be stored on exterior property areas.
[Ord. #95-19 § 505.1]
The owner or operator shall have the duty and responsibility
of removing garbage wherever a janitor is required for the premises.
[Ord. #95-19 § 505.2]
In every dwelling containing five (5) or more dwelling units
or rooming units, or combination thereof, the owner shall provide
or designate a superintendent, janitor, caretaker or housekeeper who
shall at all times maintain the premises in compliance with this Code
and keep the premises free from garbage, refuse and rubbish, and who
shall be responsible for the daily collection of garbage and other
refuse from the occupants on a regular schedule and at a reasonable
time, and place the same out for collection. The person shall be regularly
available on the premises to perform the foregoing duties, and in
the case of complexes of fifty (50) or more units, shall reside on
the premises. In the event said superintendent, janitor, caretaker
or housekeeper shall not reside in the premises, the owner or operator
shall make his name, address and telephone number known to all tenants
and shall register same with the Property Maintenance Inspector, and
shall also make available and known to all tenants and Property Maintenance
Inspector the name of an alternative individual who shall be responsible
at all times during the absence of the superintendent, janitor, caretaker
or housekeeper. The failure of any superintendent, janitor, caretaker
or housekeeper to comply with the provisions of this Code, even in
disobedience of instructions, shall not relieve the owner or operator
from the duties and responsibilities imposed by this Code. Additionally,
the owner or operator shall register the name, address and telephone
number of the owner or operator with the Property Maintenance Inspector.
[Ord. #95-19 § 505.3]
All accumulation of trash and debris shall be removed daily
from collection areas and trash chutes if the trash compactor is out
of order. In dwellings containing four (4) or more dwelling units,
storage areas or storage bins of fireproof construction and containing
fireproof walls and partitions of at least two (2) hours rating shall
be provided.
[Ord. #95-19 § 506.1]
All structures and premises shall be kept free from insect and
rat infestation. All structures and premises in which insects or rats
are found shall be promptly exterminated by approved processes that
will not be injurious to human health. After extermination, proper
precautions shall be taken to prevent reinfestation. The Township
Animal Control Officer and the County Board of Health Officer may
be consulted as to the proper processes for rat infestation prevention
and cure.
[Ord. #95-19 § 506.2]
The owner of any structure or premises shall be responsible
for extermination within the structure prior to renting or leasing
the structure.
[Ord. #95-19 § 506.3]
The occupant of a structure containing a single dwelling unit
or of a single nonresidential structure shall be responsible for extermination
on the premises.
[Ord. #95-19 § 506.4]
The owner of a structure containing two (2) or more dwelling
units, a multiple occupancy, a rooming house or a nonresidential structure
shall be responsible for extermination in the public or shared areas
of the structure and exterior property. If infestation is caused by
failure of an occupant to prevent such infestation in the area occupied,
the occupants shall be responsible for extermination.
[Ord. #95-19 § 506.5]
The occupant of any structure shall be responsible for the continued
sanitary condition of the structure, and if the occupant fails to
maintain the sanitary condition, the cost of extermination shall be
the responsibility of the occupant.
[Prior § 15-21, Maintenance of Vacant/Abandoned
Properties, was repealed 5-8-2023 by Ord. No. 2023-4. History includes Ord.
#2013-17; Ord. No. 2021-2.]
[Added 5-8-2023 by Ord.
No. 2023-4]
It is the intent of this section, as further detailed within
its enabling ordinance, to enable Cherry Hill Township to engage in
the identification, registration, monitoring, and migration of properties
that are or may become vacant and abandoned to the fullest extent
permitted by P.L. 2021, c. 444,[1] in order to combat the immeasurable and deleterious effects
of blight arising from residential and commercial properties that
become vacant or abandoned during the foreclosure process.
[1]
Editor's Note: N.J.S.A. 40:48-2.12s3.
[Added 5-8-2023 by Ord.
No. 2023-4]
All words, terms, and phrases used within this Article shall
be defined and interpreted consistent with their meanings as outlined
within P.L. 2021, c. 444 as may be amended from time to time.
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
21 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through N.J.S.A. 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.
Shall include the titleholder, any agent of the titleholder
having authority to act with respect to a vacant property.
A property shall be deemed "vacant and abandoned" for purpose
of this section if:
The property is not legally occupied by a mortgagor or tenant,
and
The property is not legally reoccupied, because of at least
two of the following conditions:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes that are damaged, broken and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
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;
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;
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;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
[Added 5-8-2023 by Ord.
No. 2023-4]
a.
The Township of Cherry Hill shall create and maintain a registry
of all commercial and/or residential properties within its municipal
boundary for which a summons and complaint in an action to foreclose
a mortgage has been filed with the New Jersey Superior Court, pursuant
to its authority granted by P.L. 2021, c. 444. This registry will
be formed and maintained to assist the Township with regulating the
maintenance, security, and upkeep of properties which may become vacant
and abandoned during the foreclosure process, in order to prevent
the deleterious effects of blight associated with vacant and abandoned
properties that are not maintained.
b.
The Township's Property Maintenance Officer, or his or her designee
shall serve as the municipal official responsible for notifying creditors,
establishing and maintaining the registry, determining eligibility
for designation as a vacant and abandoned property under this section,
and for imposing fees, penalties, and/or violations.
[Added 5-8-2023 by Ord.
No. 2023-4]
a.
Within 30 days of the effective date of this section, 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 of Cherry Hill:
(i) prior to the effective date of this section, and (ii) which is
pending as of the effective date of this section, and (iii) is filed
after the enactment of this section shall provide notice in accordance
with paragraph b of this subsection.
b.
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 with the Township of Cherry Hill,
the creditor shall notify the Township Clerk, or his or her designee,
of the action. Such notice shall include:
1.
The address, block, and lot of the subject property;
2.
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;
3.
Whether the property is vacant and abandoned in accordance with the
definition in this section;
4.
The full name, address and telephone number for the representative
of the creditor who is responsible for receiving notice of complaints
of property maintenance and code violations;
5.
The full name, address, and telephone number of any person 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
6.
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 complaints of property maintenance and code violations.
7.
The notice requirements herein represent a continuing obligation
through the pendency of this 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 non-compliance established within this section;
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)
Provide proof, within 10 days of receiving a request by the
Township or its designee, that the above conditions have been satisfied;
(e)
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 or her designee shall notify the creditor
using the contact information provided in the property registry established
by this section.
[Added 5-8-2023 by Ord.
No. 2023-4]
a.
All fees, penalties, and/or fines established within this Article
and assessable pursuant to the Township's authority outlined
within P.L. 2021, c. 444 shall be deemed a municipal charge in accordance
with N.J.S.A. 54:5-1 et seq.
b.
Creditors required to notify the Township and register a property
as one in foreclosure shall be required to pay the following annual
registration fee, per property, due at the time of registration of
$500.
c.
If a property registered with the Township's registration program
as a property in foreclosure is vacant and abandoned at the time of
registration, or becomes vacant and abandoned at any time during the
pendency of the foreclosure proceeding, the creditor shall pay an
additional annual registration fee of $2,000 per property, due at
the time the determination that the property is vacant and abandoned
is made.
d.
Violations.
1.
An out-of-State creditor subject to the notice and registration requirements
of this Article, 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 commence
on the day after the creditor's initial ten or thirty-day requirement
to notify the Township of applicable foreclosure actions.
2.
A creditor subject to the notice and registration requirements of
this section found to be in violation of any part of this section
(with the exception of a violation pursuant to paragraph d1 of this
subsection, 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.
e.
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 section, 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 title owner of the property, including but not limited
to the recourse provided under N.J.S.A. 55:19-100, et seq.
