Pursuant to N.J.S.A. 46:10b-51, a creditor filing a summons and complaint to foreclose a lien on 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 the public officer pursuant to the provisions of this article, Chapter
88 of this Code, pursuant to the provisions of N.J.S.A. 2A:50-73, or otherwise.
If the public officer, or other authorized municipal officer, determines that a mortgagee obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this article, the public officer or other authorized municipal official shall issue a notice of violation to the mortgagee that has filed a summons and complaint to foreclose on the property in question or its agent or designee. The notice shall require the person, entity or agent to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of notice if the violation presents an imminent threat to the public health and safety. The issuance of this notice shall constitute evidence that a property is vacant and abandoned for purposes of N.J.S.A. 2A:50-73 and Chapter
88 of this Code.
An out-of-state mortgagee shall include the full name and contact
information of the state representative or agent in the notice required
to be provided to the Municipal Clerk pursuant to N.J.S.A. 46:10B-51.
An out-of-state mortgagee found by a court of competent jurisdiction
to have violated this provision shall be subject to a fine of $2,500
for each day of the violation commencing on the day after the ten-day
period set forth in paragraph one of N.J.S.A. 46:10b-51 with respect
to notifying the Municipal Clerk that an action to foreclose on a
property has been filed.
If any mortgagee or its agent shall fail to correct the conditions set forth in the notice provided in §
88-19.2 within it shall be punishable by a fine of $1,500 for each day of the violation. Except as set forth in §
88-19.3 herein, any person, firm, corporation or entity violating any provision of §
88-19.9 shall, upon conviction, be punishable as provided therein.
Notice of violations of property maintenance, building or other
property codes for any property declared vacant and abandoned pursuant
to this article shall be given to a foreclosing mortgagee or its agent
pursuant to the procedures as required by law.
The building is not legally occupied, abandoned and vacant when
any condition visible from the exterior that on its own, or combined
with the other conditions present, would lead a reasonable person
to conclude that the property is so vacant and abandoned. Such conditions
include, but are not limited to, overgrown and/or dead vegetation,
infestation by insects, vermin, rats or other pests, accumulation
of newspapers, circulars, flyers and/or mail, past-due utility notices
and/or disconnected utilities, accumulation of trash, junk and/or
debris, the absence of window coverings such as curtains, blinds and/or
shutters, the absence of furnishings and/or personal items consistent
with residential habitation, statements by neighbors, passers-by,
delivery agents, or government employees that the property is vacant
and abandoned. It shall also include those factors set forth in N.J.S.A.
2A:50-73.
The initial registration fee for each vacant and abandoned property
under the provisions of this section shall be $1,000. The fee for
the first annual renewal shall be $2,000, and the fee for the second
annual renewal shall be $3,000. The fee for any subsequent annual
renewal beyond the second renewal shall be $3,000.
A mortgagee who fails to file a registration statement, or fails
to provide correct information on the registration statement shall
be subject to a fine of $1,000 for each day of the offense. Fines
assessed shall be a lien on the property.
Should any section, part of any section, or clause or phrase
of this article for any reason be held to be invalid or unconstitutional,
such decision shall not affect the remaining provisions of this article.
This article shall become effective 20 days following final
passage and publication as required by law.