[1]
Editor's Note: This ordinance also changed the title of this
chapter from "Abandoned Property" to "Abandoned Property, Registration
of Foreclosure and Vacant Property."
[2]
Editor's Note: This ordinance also changed the title of this
chapter from "Abandoned Property, Registration of Foreclosure and
Vacant Property" to "Abandoned and Vacant Properties."
To establish a registration process to identify and monitor
vacant and abandoned residential and commercial properties within
the Township.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Shall mean a mortgagee or an agent or assignee of a mortgagee,
such as the servicer, who has filed a complaint in Superior Court
seeking to foreclose upon a residential or commercial mortgage. If
the entity seeking to foreclose upon the residential or commercial
mortgage changes as a result of an assignment, transfer, or otherwise
after the filing of the foreclosure complaint in the Superior Court,
the new entity shall be deemed the creditor for the purposes of this
article. For purposes of this article, a creditor shall not include
the state, a political subdivision of the state, a state, county,
or local government entity or their agent or assignee, such as the
servicer.
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.
Any police officer, Construction Code Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector or
other person authorized by the Township Manager and/or state of New
Jersey to enforce the applicable laws.
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
public notice of default, a deed-in-lieu of foreclosure, sale to the
mortgagee or lienholder, 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 nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
Every person, entity, or mortgagee who, alone or severally
with others, has legal or equitable title to any real property as
defined by this article; 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.
Any party designated by the owner as responsible for inspecting,
maintaining, and securing the property as required in this article.
The compliance officer, or such other public officer designated
or appointed by the Township Council pursuant to N.J.S.A. 40:48-2.5.
Any residential or nonresidential land, buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Township of Maple Shade.
The title holder of a vacant and abandoned property or creditor
responsible for the maintenance of a property.
Any utility and/or service that is essential for a building
to be habitable and/or to perform a service necessary to comply with
all Township codes.
Any parcel of land in the Township that contains any building
or structure that is not lawfully occupied.
A property shall be deemed "vacant and abandoned" for purposes of this Article III, if:
The property is not legally occupied by a mortgagor or tenant,
and
The property cannot be legally reoccupied, because of at least
two (2) 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.
A.Â
Pursuant to the provisions of this article the Township, or its designee,
shall establish a registry cataloging each vacant and abandoned property
within the Township and all commercial and/or residential properties
within its municipal boundary for which a summons and complaint in
an action to foreclose has been filed with the New Jersey Superior
Court, pursuant to its authority granted by P.L. 2021, c. 444. [1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s3.
B.Â
(Reserved)
C.Â
Any third party retained to create, maintain, and/or administer the
registry shall have the authority, on behalf of the Township, to:
D.Â
Any third parties retained to create, maintain, and/or administer
the registry shall be required to comply with the following reporting
and payment requirements:
(1)Â
Any and all amounts collected by the third party as part of its administration
of the Township's registry, including registration fees, interest,
and penalties, shall be paid, in full, directly to the Township, not
less than once per year, or as otherwise directed by the Township.
No fees, payments, expenses, or other deductions shall be made from
this payment; payment for any third party's services under this
article shall be made by the Township, directly to the third party,
under the terms and conditions outlined within the contract for professional
services.
(2)Â
Not less than once per year on the first business day of each calendar
year, or as otherwise may be requested by the Tax Collector, any third
party administering the Township's registry shall file with Tax
Collector a certification identifying:
(a)Â
The address, block, lot, and contact information of any property
for which registration fees under this article are due and owing at
the time of the certification;
(b)Â
The amount of the registration fees, and separately, any interest,
fines, and other penalties due and owing at the time of the certification;
and
(c)Â
The date on which the property became eligible for inclusion
on the Township's registry.
A.Â
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 of Maple Shade 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 below.
B.Â
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 of Maple Shade,
the creditor shall notify the Township Clerk, or his/her designee,
of the action.
(1)Â
Such notice shall include:
(a)Â
The address, block, and lot of the subject property;
(b)Â
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)Â
Whether the property is vacant and abandoned in accordance with the definition of "vacant and abandoned" in § 51-35;
(d)Â
The full name, address, telephone number, and email address
for the representative of the creditor who is responsible for receiving
notice of complaints of property maintenance and code violations;
(e)Â
The full name, address, telephone number, and email address
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
(f)Â
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)Â
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.
(3)Â
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 Article III.
C.Â
Register the property with the Township property registration program
as a property in foreclosure, within 30 days of notifying the Township.
An annual registration fee of $500 per property is due at time of
registration. An additional $2,000 per property is due annually if
the property is vacant or abandoned 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.
A.Â
Any owner of vacant property (as defined by § 51-35) shall within 30 days after the property becomes vacant register the real property with the Township property registration program. An annual registration fee of $500 per property is due at time of registration.
B.Â
Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, email
address, and telephone number of the owner, and if applicable, 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.
C.Â
(Reserved)
D.Â
If the property is sold or transferred, the new owner is subject
to all the terms of this article. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
A.Â
Properties subject to this article shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items
including, but not limited to, furniture, clothing, large and small
appliances, printed material, or any other items that give the appearance
that the property is abandoned.
A.Â
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.Â
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates, and other openings of such size
that may allow any unauthorized person to access the interior of the
property or structure. Broken windows, doors, gates, and other openings
of such size that may allow access to the interior of the property
or structure must be repaired.
C.Â
(Reserved)
D.Â
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Township.
E.Â
Post a sign on the inside of the property, visible to the public,
no smaller than 18 inches by 24 inches, containing the name, address,
telephone number, and email address of the creditor, or an out-of-state
creditor's in-state representative or agent, for the purpose
of receiving service of process. If different than the person receiving
service of process, the sign posted inside the property must also
include the name, address, telephone number, and email address of
the person responsible for day-to-day supervision and management of
the building.
F.Â
The posting required in Subsection E above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
G.Â
Acquire and maintain a vacancy insurance policy which covers any
damage to any person or any property caused by any physical condition
of the property while registered with the Township's property
registration program.
H.Â
Provide proof, within 10 days of receiving a request by the Township
or its designee, that the above conditions have been satisfied.
A.Â
The provisions set forth under this article shall be enforced by
the Maple Shade Police Department, Code Enforcement Officer, Zoning
Officer, Construction Code Official, Utility Manager, authorized agents
of the Township, or other official so designated by the Township Manager.
B.Â
Twenty percent of any money collected pursuant to this section shall
be utilized by the municipality for code enforcement purposes.
D.Â
Violations
(1)Â
An out-of-state creditor subject to the notice and registration requirements of this Article III, 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.
(2)Â
A responsible party subject to the notice and registration requirements
of this article found to be in violation of any part of this article
[except for a violation pursuant to Subsection B(1) above], shall
be subject to a fine of not less than $500 nor greater than $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.
(3)Â
For purposes of this section, failure to file a registration statement
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 section
E.Â
Each day that a violation continues constitutes a separate and distinct
offense.
F.Â
If the Township expends public funds in order to abate a nuisance
or correct a violation on a commercial or residential property in
situations in which the creditor was given notice pursuant to this
article, 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.
