[Added 8-12-2019 by Ord. No. 7-0-19]
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.
A. 
A mortgagee filing a summons and complaint in an action to foreclose on a vacant and abandoned property, or a mortgagee who has previously filed a summons and complaint to foreclose on a residential property which subsequently becomes vacant and abandoned, within 10 calendar days of receipt of notice from the Borough, and annually thereafter, file a registration statement for such vacant and abandoned property with the Municipal Clerk on forms provided by the Borough for such purposes. Any failure to receive notice from the Borough shall not constitute grounds for failing to register the vacant and abandoned property.
B. 
Each vacant and abandoned property having a separate block and lot number as designated in the official tax maps of the Borough shall be registered separately.
C. 
The registration statement shall include the name, street address, telephone number and email address (if applicable) of a person 21 years or older, designated by the mortgagee or the owner as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such mortgagee in connection with the enforcement of any applicable code.
D. 
The registration statement shall include the name, street address, telephone number and email (if applicable) of the firm and the actual name(s) of the mortgagee or representative of the mortgagee of the vacant or abandoned property. The mortgagee or the representative of the mortgagee responsible for maintaining the abandoned or vacant property shall be available by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week basis. The mortgagee must maintain offices in the State of New Jersey.
E. 
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The owner of the property or the mortgagee shall be required to renew the registration annually as long as the building remains vacant and abandoned.
F. 
The mortgagee shall notify the Municipal Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Municipal Clerk for such purposes.
G. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the mortgagee.
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.