[Ord. No. 2015-04]
The intent of this Article is to provide for the enforcement
of Borough Property Maintenance Code and other applicable law against
and to vacant and abandoned properties pending foreclosure.
[Ord. No. 2015-04]
A creditor filing a Complaint in a foreclosure action shall
be responsible for the care, maintenance, security, and upkeep of
the exterior of the vacant and abandoned residential property. If
the creditor is located out of the State of New Jersey, the creditor
must appoint an in-State representative or agent to act for the foreclosing
creditor.
[Ord. No. 2015-04]
a.
A creditor filing a Complaint in a foreclosure action on residential
property located in the Borough of Watchung shall, within 10 days
of serving the Summons and Complaint, serve the Borough Clerk with
a Notice advising that a Summons and Complaint in a foreclosure action
has been filed against the subject property. The Notice shall contain
and include the information set forth in paragraph c below and shall
be provided by mail.
b.
Any creditor that has filed a Complaint in a foreclosure action on
any residential property which is pending in Superior Court shall
provide to the Borough Clerk with the Notice as described in paragraph
c below for any residential properties in the Borough for which the
creditor has pending foreclosure actions.
c.
The Notice shall state:
1.
The name and contact information for the representative (located
within the State of New Jersey) of the creditor who is responsible
for property maintenance and will respond to Borough communications
regarding the property;
2.
Whether the property being foreclosed on is an affordable unit pursuant
to the "Fair Housing Act";
3.
The street address, lot and block number of the property; and
4.
If the creditor is located out of State, the Notice should include
the full name and contact information of the representative/agent
located within the State of New Jersey authorized to act on behalf
of the entity/creditor, accept service on behalf of the entity/creditor,
and to receive and act on notifications regarding maintenance of the
property in foreclosure.
[Ord. No. 2015-04]
Any creditor having filed a Complaint in an action in foreclosure
on a property, and that creditor having been notified by the Code
Official in writing that the property appears to be or is abandoned
or vacant, shall be responsible within 30 days of said notification
as follows:
a.
Investigate and inspect the property as required to determine if
the property is abandoned and vacant, and notify the Code Official
in writing of that determination.
b.
Secure the building and structure on the property from unauthorized
entry.
c.
Perform such appropriate repairs or maintenance of the exterior grounds
of the property, including yards, fences, sidewalks, walkways, driveways
as may be needed or directed by the Code Official so that the property
is free from trash, debris, or excessive grass or weed growth, or
safety hazards.
d.
Continue to maintain the structures in a secure condition and the
grounds in a clean, properly maintained state.
[Ord. No. 2015-04]
If the owner of a residential property vacates or abandons any
property upon which a Complaint in a foreclosure action has been filed
or if a property is otherwise vacated and/or abandoned subsequent
to the filing of the Complaint in a foreclosure action, but prior
to the vesting of title in any third party, the foreclosing creditor
shall have the responsibility to abate any nuisance or correct any
violations of the Property Maintenance Code and applicable law in
the same manner and to the same extent as the title owner of the property,
to such standard or specification as may be required by the Property
Maintenance Code or applicable law.
[Ord. No. 2015-04]
In the event of a violation of the Property Maintenance Code
or applicable law, the Borough shall serve the creditor with a Notice
that shall include a description of the condition(s) that gave rise
to the violation and shall provide a period of 30 days, or 10 days
if the condition presents an imminent threat to public health and
safety as determined by the Code Official, for the creditor to remedy
the violation or condition. The creditor must remedy and/or repair
the conditions noticed within the specific period.
[Ord. No. 2015-04]
If the Borough expends public funds in order to abate a nuisance or correct a violation on a residential property in which the creditor was given notice pursuant to Section 14-51 but failed to abate the nuisance or correct the violation as directed, the Borough shall have the same recourse against the creditor as it would have had against the title owner of the property including but not limited to the recourse in the Property Maintenance Code and applicable law.
[Ord. No. 2015-04]
The Code Official is hereby authorized to enforce this Article
and is further authorized to contact the New Jersey Bankers Association,
with a current address of 411 North Avenue East, Cranford, New Jersey,
for assistance in enforcing this Article.
[Ord. No. 2015-04]
Any person or corporation shall, upon conviction by any court having jurisdiction of a violation of this Article, be subject to a fine not to exceed $2,500 per day commencing as of the date after the expiration of the 10 day period provided in Section 14-48b. Any person or corporation upon conviction by any Court of a violation of Section 14-50 and/or Section 14-51 shall be subject to a fine not to exceed $1,500 per day, to commence 31 days after receipt of the notice or, if the violation presented an imminent risk to public safety and health and was so noticed, commencing 11 days after receipt of the notice.
