[Ord. No. 2016-4]
The purpose of this section is to create a regulation regarding
registration and maintenance of vacant and abandoned residential properties
in foreclosure.
[Ord. No. 2016-4]
a.Â
Creditor shall mean a Federal or State chartered bank, savings and
loan association or credit union, any person or entity required to
be licensed under the provisions of the "New Jersey Residential Mortgage
Act," P.L. 2009, c. 53 (C. 17:11C-51 et seq.), any foreclosing entity
subject to the provisions of C.46:10B-51 (P.L. 2008, c. 127, Sec.
17, as amended from time to time) and any entity acting on behalf
of the creditor named in the debt obligation including, but not limited
to, services.
b.Â
Vacant and abandoned residential property shall mean, consistent
with N.J.S.A. 2A:50-73, residential real estate, where a notice of
violation has been issued pursuant to N.J.S.A. 40:48-2.12s(1)(b).
Residential property shall further be deemed vacant and abandoned
where a mortgaged property is not occupied by a mortgagor or tenant
and at least two of the following conditions exist:
1.Â
Overgrown or neglected vegetation;
2.Â
The accumulation of newspapers, circulars, flyers or mail on the
property;
3.Â
Disconnected gas, electric, or water utility services to the property;
4.Â
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
5.Â
The accumulation of junk, litter, trash or debris on the property;
6.Â
The absence of window treatments such as blinds, curtains or shutters;
7.Â
The absence of furnishings and personal items;
8.Â
Statements of neighbors, association management, delivery persons,
or government employees indicating that the residence is vacant and
abandoned;
9.Â
Windows or entrances to the property that are boarded up or closed
off or multiple window panes that are damaged, broken and unrepaired;
10.Â
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
11.Â
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;
12.Â
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;
13.Â
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;
14.Â
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
15.Â
Any other reasonable indicia of abandonment.
c.Â
A residential property shall not be considered "vacant and abandoned"
if, on the property:
1.Â
There is an unoccupied building which is undergoing construction,
renovation or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations, and statutes;
2.Â
There is a building occupied on a seasonal basis, but otherwise secure;
or
3.Â
There is a building that is secure, but is the subject of a probate
action, action to quiet title or other ownership dispute.
[Ord. No. 2016-4]
a.Â
A creditor filing a summons and complaint in an action to foreclose on a residential property within the Township shall be immediately responsible for the care, maintenance, security and upkeep of the exterior of the property, after the property becomes vacant and abandoned as defined in § 11-2.2.
b.Â
Where a creditor is located out-of-state, the creditor shall be responsible
for appointing an in-State representative or agent to act on the creditor's
behalf for the purpose of satisfying the requirements of N.J.S.A.
2A:50-73(d)(1). Notice of said representative or agent shall be provided
to the Municipal Clerk pursuant to N.J.S.A. 40:48-2.12(b)(3)&(4)
and pursuant to N.J.S.A. 46:10B-51(a)(1).
c.Â
A creditor filing a summons and complaint in an action to foreclose on a residential property within the Township shall post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to § 11-2.3b of this section), and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches.
[Ord. No. 2016-4]
a.Â
The owner and/or creditor of any vacant property shall provide access
to the Township to conduct an exterior and interior inspection of
the building to determine compliance with the Municipal Code following
reasonable notice.
b.Â
The enforcement officers designated in § 11-2.5 shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township, if the enforcement officer determines that the creditor has violated this section by failing to provide the care, maintenance, security and upkeep of the exterior of a vacant and abandoned property, or otherwise fail to comply with this section.
c.Â
Where a creditor is an out-of-state creditor, the notice shall be
issued to the representative or agent that has been identified by
the creditor pursuant to N.J.S.A. 2A:50-73(d)(2) and N.J.S.A. 46:10B-51(a)(1).
[Ord. No. 2016-4]
The duty of administering and enforcing the provisions of this
section is conferred upon the Municipal Clerk, Construction Official,
Zoning Officer, Board of Health and any other duly appointed representatives.
[Ord. No. 2016-4]
a.Â
A creditor subject to this section that is found by the Municipal
Court of the Township, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct, care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
this section shall be subject to a fine of $1,500 for each day of
the violation. Any fines imposed pursuant to this subsection shall
commence 31 days following the receipt of the notice, except if the
violation presents an imminent risk to public health and safety, in
which case any fines shall commence 11 days following receipt of the
notice.
b.Â
An out-of-state creditor subject to this section that is found by
the Municipal Court of the Township, or by any other court of competent
jurisdiction, to be in violation of the requirement to appoint an
in-state representative or agent pursuant to this section shall be
subject to a fine of $2,500 for each day of the violation. Any fines
imposed on a creditor for the failure to appoint an instate representative
or agent shall commence on the day after the ten-day period set forth
in N.J.S.A. 46:10B-51(a)(1) for providing notice to the Municipal
Clerk that a summons and complaint in an action to foreclose on a
mortgage has been served.