[Ord. No. 2016-11]
The purpose of this chapter is to create a regulation regarding
registration and maintenance of vacant and abandoned residential properties
in foreclosure in accordance with the provisions of P.L. 2014, c.35.
[Ord. No. 2016-11]
CREDITOR
Shall mean, consistent with section 3 of P.L. 2008, c.86,
a State chartered bank, savings bank, savings and loan association
or any credit union, any person required to be licensed under the
provisions of the "New Jersey Residential Mortgage Lending Act," and
any entity acting on behalf of the creditor named in the debt obligation,
including but not limited to, servicers.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
Shall mean, consistent with section 1 of P.L. 2010, c.70 (C.2A:50-73), residential real estate for which a notice of violation has been issued pursuant to Section
15-5 of this chapter and subsection
b of section 1 of P.L. 2014, c.35. Where a notice of violation has not been issued pursuant to Section
15-4 of this chapter and subsection
b of section 1 of P.L. 2014, c.35, residential property shall be deemed "vacant and abandoned" where a mortgaged property is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to section 4 of the "Fair Foreclosure Act," P.L. 1995, c.244 and at least two (2) of the following conditions exist:
a. Overgrown or neglected vegetation;
b. The accumulation of newspapers, circulars, flyers or mail on the
property;
c. Disconnected gas, electric, or water utility services to the property;
d. The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
e. The accumulation of junk, litter, trash or debris on the property;
f. The absence of window treatments such as blinds, curtains or shutters;
g. The absence of furnishings and personal items;
h. Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
i. Windows or entrances to the property that are boarded up or closed
off or multiple window panes that are damaged, broken and unrepaired;
j. Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
k. 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;
l. 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;
m. 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;
n. A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
o. Any other reasonable indicia of abandonment.
[Ord. No. 2016-11]
The duty of administering and enforcing the provisions of this
chapter is conferred upon the Municipal Clerk, Construction Official,
Zoning Officer, Township Police, and any other duly appointed representatives.