[Ord. No. 1447-55-15]
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78, et seq., shall mean the following:
a.
Except as provided in section 6 of P.L.2003, c. 210 (N.J.S.A.
55:19-83), any property that has not been legally occupied for a period
of six (6) months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by the Zoning Officer that:
1.
The property is in need of rehabilitation in the reasonable
judgment of the Zoning Officer, and no rehabilitation has taken place
during that six-month period;
2.
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six (6) months as
of the date of a determination by the Zoning Officer pursuant to this
section;
3.
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter
4 of Title 54 of the Revised Statutes as of the date of a determination by the Zoning Officer pursuant to this section; or
4.
The property has been determined to be a nuisance by the Zoning
Officer in accordance with Section 5 of P.L.2003, c. 210 (N.J.S.A.
55:19-82).
b.
A property which contains both residential and non-residential
space may be considered abandoned pursuant to P.L.2003, c. 210 (N.J.S.A.
55:19-78 et al.) so long as two-thirds (2/3) or more of the total
net square footage of the building was previously legally occupied
as residential space and none of the residential space has been legally
occupied for at least six (6) months at the time of the determination
of abandonment by the Zoning Officer and the property meets the criteria
of either paragraph a1 or paragraph a4 of this section.
EVIDENCE OF VACANCY
Shall mean any condition that on its own, or combined with
other conditions present would lead a reasonable person to believe
that the property is or has been vacant for three (3) or more months.
Such evidence would include but is not limited to, evidence of the
existence of two (2) or more of the following conditions at a property:
overgrown or dead vegetation; accumulation of newspapers, circulars,
flyers or mail; past due utility notices or disconnected utilities;
accumulation of trash, junk or debris; the absence of window coverings
such as curtains, blinds or shutters; the absence of furnishings or
personal items consistent with residential habitation; statements
by neighbors, delivery agents, or government employees that the property
is vacant or abandoned; infestation by insects, vermin, rats or other
pests; windows or entrances that are boarded up or closed off; multiple
window panes that are damaged, broken or unrepaired; doors that are
smashed, broken, unhinged or continuously unlocked; a risk to the
health, safety or welfare of the public, or any adjoining or adjacent
property owners, exists due to acts of vandalism, loitering, criminal
conduct, or the physical destruction or deterioration of the property;
or any uncorrected violation of a municipal building, housing or similar
code during the preceding year. Property determined to be "abandoned
property" in accordance with the meaning of such term in the Abandoned
Properties Rehabilitation Act, N.J.S.A. 55:19-78, et seq, shall also
be deemed to be vacant property for the purposes of this chapter.
OWNER
Shall include 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 C. 46:10B-51 (P.L. 2008, c. 127,
Sec. 17), or any other entity determined by the Borough of Little
Ferry to have authority to act with respect to the property.
VACANT PROPERTY
Shall mean any building used or to be used as a residence
which is not legally occupied or at which substantially all lawful
construction operations or residential occupancy has ceased for a
period of at least three (3) months, and any commercial property that
has not been legally occupied or at which substantially all lawful
construction operations have ceased for a period of at least three
(3) months, and which exhibits evidence of vacancy such that a reasonable
person would believe that the property is vacant. Any property that
contains all building systems in working order, is being maintained
on a regular basis, has not been cited by the Borough for any violation
of municipal ordinance within such time and is being actively marketed
by its owner for sale or rental shall not be deemed vacant.
[Ord. No. 1447-55-15]
The registration fee for each building that has become vacant
or abandoned property shall be one hundred ($100.00) dollars.
[Ord. No. 1447-55-15]
Nothing in this chapter is intended to nor shall be read to
conflict or prevent the Borough of Little Ferry from taking action
against buildings found to be unfit for human habitation or unsafe
structures as provided in applicable provisions of the Borough Code
and/or the Uniform Construction Code. Further, any action taken under
any such code provision other than the demolition of a structure shall
not relieve an owner from its obligations under this article.
[Ord. No. 1447-55-15]
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, and to provide for
responsibility on the part of foreclosing creditors for the care,
maintenance, security and upkeep of residential properties.
[Ord. No. 1447-55-15; amended 12-6-2022 by Ord. No. 1581-20-22]
a. A creditor serving a summons and complaint in an action to foreclose
on a mortgage on property located with the Borough of Little Ferry
shall serve the Mayor and Borough Clerk with a notice indicating that
a summons and complaint in an action to foreclose on a mortgage has
been filed against the subject property. The notice may contain information
about more than one property and shall be provided by mail or electronic
communication at the discretion of the Mayor and/or Borough Clerk.
b. The notice shall be served within ten (10) days of service of a summons
and complaint in an action to foreclose on a mortgage against the
subject property.
c. By January 31, 2023, any creditor that has initiated a foreclosure
proceeding on any residential or commercial property which is pending
in Superior Court shall provide the Borough Clerk with a notice as
described below for all residential and commercial properties in the
Borough for which the creditor has pending foreclosure actions.
d. The notice shall contain:
1. The name and contact information for the representative of the creditor
who is responsible for receiving complaints of property maintenance
and code violations;
2. Whether the property being foreclosed on is an affordable unit pursuant
to the "Fair Housing Act";
3. The street address, lot and block number of the property; and
4. The full name and contact information of an individual located within
the state authorized to accept service on behalf of the creditor.
5. In the event the creditor that has served a summons and complaint
in an action to foreclose on a residential or commercial property
is located out-of-state, the notice shall also contain the full name
and contact information of an in-state representative or agent who
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if it becomes vacant and abandoned.
6. The name
and contact information for any person or entity retained by the lender
to be responsible for any care, maintenance, upkeep, or security for
the property.
7. The contact
information for an in-state representative responsible for the care,
maintenance, upkeep, or security of the exterior of the property:
(a) If
the lender is out-of-state; and
(b) The
property becomes vacant and abandoned.
[Ord. No. 1447-55-15]
Pursuant to the provisions of N.J.S.A. 40:48-2.12s and N.J.S.A.
46:10B-51, a creditor filing a summons and complaint to foreclose
a lien on a residential property that is vacant and abandoned, whether
the filing of the summons and complaint is made before or after the
determination that the property is vacant and abandoned, shall be
responsible for the care, maintenance, security, and upkeep of the
exterior of the residential property. This obligation applies whether
the determination that the property is vacant and abandoned is made
by a zoning officer pursuant to the provisions of this chapter or
other applicable law.
[Ord. No. 1447-55-15]
In the event of a violation of State law or a local ordinance,
the Borough shall serve the creditor with a notice that shall include
a description of the condition(s) that gave rise to the violation
and the State law or local ordinance that has been violated, and shall
provide a period of not less than thirty (30) days from the creditor's
receipt of the notice for the creditor to remedy the violation, provided
that in the event that the violation presents an imminent threat to
public health and safety, the notice may, in the discretion of the
Borough, provide that the violation shall be remedied within ten (10)
days of the creditor's receipt of the notice.
[Ord. No. 1447-55-15]
If the Borough expends public funds in order to abate a nuisance or correct a violation at a property in which the creditor was given notice pursuant to the provisions of Section
19-13, but failed to abate the nuisance or correct the violation as directed, the Borough 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.