[HISTORY: Adopted by the City Council of the City of Estell
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-2016 by Ord. No. 02-2016]
It is the purpose and intent of the City of Estell Manor to
establish a process to address the deterioration and blight of City
of Estell Manor neighborhoods caused by an increasing amount of abandoned,
foreclosed or distressed real property located within the City of
Estell Manor, and to identify, regulate, limit and reduce the number
of abandoned properties located within the City of Estell Manor. It
is the City of Estell Manor's further intent to participate in the
County-wide registration program established by the Atlantic County
Improvement Authority and administered by Community Champions Corporation
as a mechanism to protect neighborhoods from becoming blighted due
to the lack of adequate maintenance and security of abandoned and
foreclosed properties.
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.
Any real property located in the City of Estell Manor, whether
vacant or occupied, that is in default on a mortgage, has had a lis
pendens filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending Tax Assessor's lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned" shall remain in place
until such time as the property is sold or transferred to a new owner,
the foreclosure action has been dismissed, and any default on the
mortgage has been cured.
A property that is accessible through a comprised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
To include, but not be limited to, the City of Estell Manor's
Zoning Code, the City of Estell Manor's Code of Ordinances ("Estell
Manor Code"), and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Estell
Manor Code; or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lack maintenance
as required by the Estell Manor City and Zoning Codes.
Any law enforcement officer, building official, zoning inspector,
Code Enforcement Officer, fire inspector or Building Inspector, public
officer, or other person authorized by the City of Estell Manor to
enforce the applicable codes.
Any person, legal entity or other party having any ownership
interest whether legal or equitable, in real property. This term shall
also apply to any person, legal entity or agent responsible for the
construction, maintenance or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather are
an additional remedy available to the City of Estell Manor above and
beyond any other state, county or local provisions for same.
Pursuant to the provisions of this article, the City of Estell
Manor shall participate in the County-wide registration program established
by the Atlantic County Improvement Authority and administered by Community
Champions Corporation cataloging each abandoned property within the
City of Estell Manor, containing the information required by this
article.
A.
Any mortgagee who holds a mortgage on real property located within
the City of Estell Manor shall perform an inspection of the property
to determine vacancy or occupancy, upon default by the mortgagor.
The mortgagee shall, within 10 days of the inspection, register the
property with the Division of Code Enforcement, or designee, on forms
or website access provided by the City of Estell Manor, and indicate
whether the property is vacant or occupied. A separate registration
is required for each property, whether it is found to be vacant or
occupied.
B.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until 1) the mortgagor or
other party remedies the default, or 2) it is found to be vacant or
shows evidence of vacancy at which time it is deemed abandoned, and
the mortgagee shall, within 10 days of that inspection, update the
property registration to a vacancy status on forms provided by the
City of Estell Manor.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and e-mail address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property.
E.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the City of Estell Manor and/or its authorized designee.
F.
This section shall also apply to properties that have 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.
G.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
H.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
I.
Failure of the mortgagee and/or owner to properly register or to
modify the registration from time to time to reflect a change of circumstances
as required by this article is a violation of the article and shall
be subject to enforcement.
J.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the City of Estell
Manor may take the necessary action to ensure compliance with and
place a lien on the property for the cost of the work performed to
benefit the property and bring it into compliance.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, 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.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable codes at the time registration was
required.
D.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable codes.
G.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable codes and issuance of
a citation or notice of violation in accordance with this article
of the Code of the City of Estell Manor. Pursuant to a finding and
determination by the City of Estell Manor's Public Officer or a court
of competent jurisdiction, the City of Estell Manor may take the necessary
action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable codes.
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
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 a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable codes, and the property manager must
perform regular inspections to verify compliance with the requirements
of this article and any other applicable laws.
All abandoned real property is hereby declared to be 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 City of Estell Manor.
Any person who shall violate the provisions of this article
may be cited and fined as provided in this article and N.J.S.A. 55:19-78
et seq. The following table shows violations of these sections, as
may be amended from time to time, which may be enforced pursuant to
the provisions of this regulation; and the dollar amount of civil
penalty for the violation of these sections as it may be amended.
The descriptions of violations below are for informational purposes
only and are not meant to limit or define the nature of the violations
or the subject matter of the Estell Manor Code sections, except to
the extent that different types of violations of the Estell Manor
Code section may carry different civil penalties. For each Estell
Manor Code section listed in the schedule of civil penalties, the
entirety of the section may be enforced by the mechanism provided
in this section, regardless of whether all activities prescribed or
required are described in the "Description of Violation" column. To
determine whether a particular activity is prescribed or required
by this Code, the relevant Estell Manor Code sections shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within
|
$500
|
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
codes which may apply to the property. Upon sale or transfer of title
to the property, the owner shall be responsible for all violations
of the applicable codes and the owner shall be responsible for meeting
with the City's Code Enforcement Division within 45 days for a final
courtesy inspection report.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the City's public
officer or court of competent jurisdiction as soon as possible to
address the conditions of the property.
B.
The public officer shall have the authority to require the mortgagee
and/or owner of record of any property affected by this section to
implement additional maintenance and/or security measure, including,
but not limited to, securing any and all doors, windows or other openings,
employment of an on-site security guard or other measures as may be
reasonably required to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
public officer may direct the City to abate the violations and charge
the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the City of Estell Manor for the cost of temporarily securing the property, or of any abatement directed by the public officer, within 30 days of the City of Estell Manor sending the mortgagee the invoice, then the City of Estell Manor may lien the property with such cost, along with an administrative fee to recover the administrative personnel services, in such amount as provided in Chapter 185, Article III, Fees for City Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable codes or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the City
of Estell Manor 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
article.
The Public Officer for the City of Estell Manor shall be Zoning
Officer of the City of Estell Manor. The Public Officer shall have
all of the authority prescribed under this section, N.J.S.A. 55:19-78
et seq. and N.J.S.A. 40:48-1 et seq.
