[Ord. No. 2015-04 § 1]
This section hereby establishes certain minimum standards for
the maintenance and upkeep of all Covered Properties.
[Ord. No. 2015-04 § 2]
Some terms used in this section are defined in subsection 23-1.7. These terms are to be given the meaning provided by this section even if it varies from the terms ordinary meaning. All other terms shall be given their ordinary meaning and definition as the context implies.
[Ord. No. 2015-04 § 3]
A violation of this section occurs when a Prohibited Condition
is present on a Covered Property. A Prohibited Condition consists
of one or more of the following:
a.
Prohibited Conditions located on the exterior of a Covered Property
are:
1.
The non-trivial presence of garbage or rubbish;
2.
The presence of any discarded appliances or major component of a
building's mechanical system;
3.
The presence of downed trees or tree limbs for more than 10 days;
4.
The presence of trees that are in whole or in part dead or dying
and need to be trimmed or removed;
5.
The presence of lawns, hedges and shrubs that are overgrown from
lack of maintenance;
6.
The presence of any infestation rodents or vermin;
7.
The presence of motor vehicles, motor cycles, trailers and boats
that are inoperable or have been abandoned;
8.
The presence of any parts for motor vehicles, motorcycles, or boats;
and/or
9.
Parking areas, walkaways and stairs that are broken, cracked or have
pot-holes to the extent the use of the area by pedestrians or vehicles
would represent a safety hazard.
b.
Prohibited Conditions that are part of an exterior structure on a
Covered Property are:
1.
Exterior foundation walls, piers or columns that are unsafe, unsound
or dilapidated;
2.
Exterior stairs, walkways, fire escapes or chimneys that are: (i)
unsafe or unsound; (ii) deteriorating, rotting, crumbling so as to
be in an unsafe or dangerous condition; and/or (iii) not properly
maintained or missing pieces or elements as to be in an unsafe or
dangerous condition.
3.
Exterior doors and door frames that are broken, non-functional, rotted,
deteriorating or dilapidated;
4.
Exterior windows that are broken, cracked or missing;
5.
Exterior window frames that are rotted, deteriorating or dilapidated;
6.
Roof flashing that is not tight and sound or that has defects that
admit rain;
7.
Roof drains, gutters and downspouts that are non-maintained in good
repair or that have obstructions;
8.
Exterior wood surfaces other than decay resistant wood that is not
protected from the elements by painting or other treatments or where
the paint is flaking and chipped;
9.
Exterior decorative features such as cornices, corbels, moldings
and similar elements that are not maintained in good repair; and/or
10.
Exterior structures that are not maintained structurally sound and
in good repair.
c.
Any condition that would be considered a nuisance under New Jersey
law.
[Ord. No. 2015-04 § 4]
Township Officials are authorized to conduct inspections and
observations of all Covered Properties that are reasonably necessary
to determine if there is a violation of this section. In the first
instance this shall be carried out by the Township's Zoning Officer.
In the event the Zoning Officer believes it would be helpful or necessary
to have the benefit of the expertise of another Township Official
in order to evaluate or assess a condition on a Covered Property,
the Zoning Officer shall have the right to request the assistance
of that official who is also authorized by this section to inspect
and observe the property in question and to make recommendations to
the Zoning Officer as to whether a violation exists.
[Ord. No. 2015-04 § 5]
If after an inspection or observation of a Covered Property,
one or more Township Officials determines there is violation of this
section, the Zoning Officer shall proceed as set forth below. However,
if the Township Zoning Officer has reason to believe the prohibited
condition is actively being remediated or cured, he shall have the
discretion to withhold enforcement action for a reasonable time to
allow the condition to be remediated.
a.
The Township Official shall issue a Notice to Cure to the Responsible
Party. The Notice to Cure shall contain a description of all violations
along with a citation to the appropriate subsection of this section.
The description shall be in sufficient detail so as to permit the
Responsible Party to identify the violation in order to take corrective
action. Except as otherwise provided in paragraph d below, the Notice
to Cure shall also contain language advising the Responsible Party
that they have 30 days to cure the violation, absent emergent conditions,
and to contact the Zoning Officer for a reinspection. The time to
cure may be extended by up to an additional 30 days at the request
of the Responsible Party who has agreed to make the necessary repairs
at the discretion of the Township Official whose consent shall be
liberally given.
b.
If after the 30-day period to cure (along with any extension) a violation
that was the subject of the Notice to Cure still exists, the Zoning
Officer shall issue a summons against the Responsible Party in a manner
consistent with due process.
c.
To the extent reasonably practicable, the Township Official shall
document any violation with photographs of the offending condition(s).
d.
In the event a condition that is the subject of a Notice To Cure
represents an immediate and eminent threat to the health, safety or
well-being of any person, the provision permitting the Responsible
Party 30 days to cure shall be eliminated and the Responsible Party
shall be directed to take immediate action to remedy the condition.
In the event this directive is not complied with the Township Official
shall issue a summons.
[Ord. No. 2015-04 § 6]
In the event a person or entity is convicted for a violation
of this section the violator shall be subject to the following:
a.
For a first offense: The minimum fine shall be $100 for each violation
with a maximum fine of $500 for each violation;
b.
For a second offence: The minimum fine shall be $200 for each violation
with a maximum fine of $500 for each violation;
c.
For a third and subsequent offense: The minimum fine shall be $500
for each violation with a maximum fine of $1,000 for each violation.
d.
In addition to fines provided for in paragraphs a through c above,
the court may impose an additional fine for each day the violation
is not cured commencing on the court date. These fines shall be in
the amount of $100 a day for each violation on a first offense; $200
a day for a second offense; and $500 a day for a third and subsequent
offense.
e.
The court may suspend both the fine for first offense under paragraph
a above, the daily fine for any offense, or both, if the violation
is cured within a period of time to be set by the court after the
court date not to exceed 21 days.
f.
For purposes of this subsection 23-1.6, a subsequent offense shall mean a subsequent violation occurring at the same property but not necessarily for the same condition. If one year should pass without a violation occurring on a property as determined by a conviction in court, any violation after that one-year period shall be considered a first offense.
g.
For any violation that is uncured after a conviction it shall be
deemed a continuing violation of the original summons and a daily
fine may be imposed without the necessity of issuing a further summons.
[Ord. No. 2015-04 § 7]
The terms below shall have the meanings set forth in this subsection:
Shall mean any lot or parcel of land located within the Township
of Lafayette that is within a commercial or industrial zone as established
by the Township Zoning Ordinance. It includes all buildings, structures
located on the property.
Shall mean a person, persons, entity or entities: (a) holding
legal title to a property in whole or in part through a deed, devise,
inheritance or a tax sale certificate; or (b) who possesses legal
authority to permit the occupancy of a property including an executor,
administrator, trustee or trust but who is not a tenant.
Shall mean one or more of the conditions listed in subsection 23-1.3 of this section.
Shall mean a person, persons, entity or entities that is
the Owner of a Covered Property or is a tenant or lessee of a Covered
Property where that tenant or lessee is responsible for the area of
the leased premises where the Prohibited Condition that is the subject
of the violation is located or where the lease would make the tenant
or lessee responsible to cure the violation.
Shall mean any waste material, garbage, refuse or litter;
anything that is no longer wanted and has been discarded.
Shall mean all or any part of a building and other improvements
to real property including walls and fences.
Shall mean the Township of Lafayette, New Jersey.
Shall mean any person employed by the Township, either full
or part time, or who works for the Township on an independent basis
and whose job duties include the enforcement of any ordinance, regulation,
code or statute or making inspection to ensure compliance with any
ordinance, regulation, code or statute.
[Ord. No. 2016-10 § 1]
This section hereby establishes certain minimum standards for
the maintenance and upkeep of all covered properties.
[Ord. No. 2016-10 § 2]
Some terms used in this section are defined in subsection 23-2.7. These terms are to be given the meaning provided by this section even if it varies from the term's ordinary meaning. All other terms shall be given their ordinary meaning and definition as the context implies.
[Ord. No. 2016-10 § 3]
A violation of this section occurs when a prohibited condition
is present on a covered property. A prohibited condition consists
of one or more of the following:
a.
Prohibited conditions located on the exterior of a covered property
are:
1.
The non-trivial presence of garbage or rubbish;
2.
The presence of any discarded appliances or major component of a
building's mechanical system;
3.
The presence of downed trees or tree limbs for more than 10 days;
4.
The presence of trees that are in whole or in part dead or dying
and need to be trimmed or removed;
5.
The presence of lawns, hedges and shrubs that are overgrown from
lack of maintenance;
6.
The presence of any infestation of rodents or vermin;
7.
The presence of motor vehicles, motorcycles, trailers and boats that
are inoperable or have been abandoned;
8.
The presence of any parts for motor vehicles, motorcycles, or boats;
and/or
9.
Parking areas, walkaways and stairs that are broken, cracked or have
pot-holes, to the extent the use of the area by pedestrians or vehicles
would represent a safety hazard.
b.
Prohibited conditions that are part of an exterior structure on a
covered property are:
1.
Exterior foundation walls, piers or columns that are unsafe, unsound
or dilapidated;
2.
Exterior stairs, walkways, fire escapes or chimneys that are: (i)
unsafe or unsound; (ii) deteriorating, rotting, crumbling so as to
be in an unsafe or dangerous condition; and/or (iii) not properly
maintained or missing pieces or elements as to be in an unsafe or
dangerous condition.
3.
Exterior doors and door frames that are broken, non-functional, rotted,
deteriorating or dilapidated;
4.
Exterior windows that are broken, cracked or missing;
5.
Exterior window frames that are rotted, deteriorating or dilapidated;
6.
Roof flashing that is not tight and sound or that has defects that
admit rain;
7.
Roof drains, gutters and downspouts that are non-maintained in good
repair or that have obstructions;
8.
Exterior wood surfaces other than decay resistant wood that is not
protected from the elements by painting or other treatments or where
the paint is flaking and chipped;
9.
Exterior decorative features such as cornices, corbels, moldings
and similar elements that are not maintained in good repair; and/or
10.
Exterior structures that are not maintained structurally sound and
in good repair.
c.
Any condition that would be considered a nuisance under New Jersey
law.
[Ord. No. 2016-10 § 4]
Township Officials are authorized to conduct inspections and
observations of all covered properties that are reasonably necessary
to determine if there is a violation of this section. In the first
instance this shall be carried out by the Township's Zoning Officer.
In the event the Zoning Officer believes it would be helpful or necessary
to have the benefit of the expertise of another Township Official
in order to evaluate or assess a condition on a covered property,
the Zoning Officer shall have the right to request the assistance
of that official who is also authorized by this section to inspect
and observe the property in question and to make recommendations to
the Zoning Officer as to whether a violation exists.
[Ord. No. 2016-10 § 5; Ord. No. 2018-23]
If after an inspection or observation of a covered property,
one or more Township Officials determines there is violation of this
section the Zoning Officer shall proceed as set forth below. However,
if the Township Zoning Officer has reason to believe the prohibited
condition is actively being remediated or cured, he shall have the
discretion to withhold enforcement action for a reasonable time to
allow the condition to be remediated.
a.
The Township Official shall issue a Notice to Cure to the responsible
party. The Notice to Cure shall contain a description of all violations
along with a citation to the appropriate section of this section.
The description shall be in sufficient detail so as to permit the
responsible party to identify the violation in order to take corrective
action. Except as otherwise provided in paragraph d below, the Notice
to Cure shall also contain language advising the responsible party
that they have 10 days to cure the violation, absent emergent conditions,
and to contact the Zoning Officer for a reinspection. The time to
cure may be extended by up to an additional 30 days at the request
of the responsible party who has agreed to make the necessary repairs
at the discretion of the Township Official whose consent shall be
liberally given.
b.
If after the 10 day period to cure (along with any extension) a violation
that was the subject of the Notice to Cure still exists, the Zoning
Officer shall issue a summons against the responsible party in a manner
consistent with due process.
c.
To the extent reasonably practicable, the Township Official shall
document any violation with photographs of the offending condition(s).
d.
In the event a condition that is the subject of a Notice to Cure
represents an immediate and eminent threat to the health, safety or
well-being of any person, the provision permitting the responsible
party 10 days to cure shall be eliminated and the responsible party
shall be directed to take immediate action to remedy the condition.
In the event this directive is not complied with the Township Official
shall issue a summons.
[Ord. No. 2016-10 § 6]
In the event a person or entity is convicted for a violation
of this section the violator shall be subject to the following:
a.
For a first offense: The minimum fine shall be $100 for each violation
with a maximum fine of $500 for each violation;
b.
For a second offense: The minimum fine shall be $200 for each violation
with a maximum fine of $1,000 for each violation;
c.
For a third and subsequent offense: The minimum fine shall be $500
for each violation with a maximum fine of $1,000 for each violation.
d.
In addition to fines provided for in paragraphs a through c above,
the court may impose an additional fine for each day the violation
is not cured commencing on the court date. These fines shall be in
the amount of $100 a day for each violation on a first offense; $200
a day for a second offense; and $500 a day for a third and subsequent
offense.
e.
The court may suspend both the fine for first offense under paragraph
a above, the daily fine for any offense, or both, if the violation
is cured within a period of time to be set by the court after the
court date not to exceed 21 days.
f.
For purposes of this subsection 2-23.6, a subsequent offense shall
mean a subsequent violation occurring at the same property but not
necessarily for the same condition. If one year should pass without
a violation occurring on a property as determined by a conviction
in court, any violation after that one year period shall be considered
a first offense.
g.
For any violation that is uncured after a conviction it shall be
deemed a continuing violation of the original summons and a daily
fine may be imposed without the necessity of issuing a further summons.
[Ord. No. 2016-10 § 7]
The terms below shall have the meanings set forth in this section:
Shall mean any lot or parcel of land located within the Township
of Lafayette that is within a residential zone as established by the
Township Zoning Ordinance. It includes all buildings, structures located
on the property.
Shall mean a person, persons, entity or entities: (a) holding
legal title to a property in whole or in part through a deed, devise,
inheritance or a tax sale certificate; or (b) who possesses legal
authority to permit the occupancy of a property including an executor,
administrator, trustee or trust but who is not a tenant.
Shall mean one or more of the conditions listed in subsection 23-2.3 of this section.
Shall mean a person, persons, entity or entities that is
the owner of a covered property or is a tenant or lessee of a covered
property where that tenant or lessee is responsible for the area of
the leased premises where the prohibited condition that is the subject
of the violation is located or where the lease would make the tenant
or lessee responsible to cure the violation. A responsible party shall
include a mortgagee whether in possession, in foreclosure or with
notice, that the mortgagor of the property is in violation of this
section.
Shall mean any waste material, garbage, refuse or litter;
anything that is no longer wanted and has been discarded.
Shall mean all or any part of a building and other improvements
to real property including walls and fences.
Shall mean the Township of Lafayette, New Jersey.
Shall mean any person employed by the Township, either full
or part time, or who works for the Township on an independent basis
and whose job duties include the enforcement of any ordinance, regulation,
code or statute or making inspection to ensure compliance with any
ordinance, regulation, code or statute.
[Ord. No. 2016-11; amended 9-20-2022 by Ord. No. 2022-08]
A state-chartered bank, savings 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 Lending Act,
P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity
subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127,
§ 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, servicers.
Consistent with Section 1 of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73), residential real estate, where a notice of violation has been issued pursuant to Subsection 23-3.5a of this section and Subsection b of Section 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s),[1] or property which any condition of its own or combined
with other conditions present would lead a reasonable person to believe
that the property is, or has been, vacant for three or more months.
Residential property shall further be deemed neglected, vacant
and abandoned where a mortgaged property is not occupied by a mortgagor
or tenant.
Such evidence would include, but is not limited to, evidence
of the existence of two or more of the following conditions at the
property:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, association management, delivery persons
or government employees indicating that the residence is vacant and
abandoned;
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged or continuously unlocked;
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;
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;
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;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
The titleholder, any agent of the titleholder having authority
to act with respect to the vacant property or any other entity determined
by the Township of Lafayette to act with respect to the property.
[1]
Editor's Note: Said statute was repealed by P.L. 2021, c.
444, § 5, effective 1-18-2022.
[Ord. No. 2016-11; amended 9-20-2022 by Ord. No. 2022-08]
a.
A creditor filing a summons and complaint in an action to foreclose
on a vacant and abandoned property, or a creditor who has previously
filed a summons and complaint to foreclose on a residential property
which subsequently becomes vacant and abandoned, or the owner of a
vacant and abandoned property, shall within 30 calendar days after
the building becomes vacant and abandoned or within 30 calendar days
after assuming ownership of the vacant and abandoned property, whichever
is later, or within 10 calendar days of receipt of notice from the
Township, and annually thereafter, file a registration statement for
such vacant and abandoned property with the Municipal Clerk on forms
provided by the Township for such purposes. Any failure to receive
notice from the Township 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 Township shall
be registered separately.
c.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Township of Lafayette Zoning Official during the period covered
by the initial registration or any subsequent renewal. If an inspection
is required of the interior of the property due to complaints or other
cause, the fee for such inspection shall be $100.
d.
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 creditor 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 creditor in connection with the enforcement of any
applicable code.
e.
The registration statement shall include the name, street address,
telephone number and email address (if applicable) of the firm and
actual name(s) of the owner of the vacant or abandoned property or
the firm's individual principal(s) responsible for maintaining the
vacant and abandoned property. The owner or individual or representative
of the firm responsible for maintaining the vacant and abandoned property
shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-days-per-week basis. The two entities may be the same or different
persons. In the case of a creditor, both entities shown on the statement
must maintain offices in the State of New Jersey or reside within
the State of New Jersey.
f.
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 creditor shall be required to renew the registration annually as long as the building remains vacant and abandoned and shall pay a registration or renewal fee in the amount prescribed in Subsection 23-3.3 of this section for each vacant and abandoned property registered.
g.
The annual renewal shall be completed by January 1 of each year.
h.
The owner of the property or the creditor 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 purpose.
i.
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 Township against the creditor.
[Ord. No. 2016-11; amended 9-20-2022 by Ord. No. 2022-08]
The initial registration fee for registered property shall be
$500. The annual fee shall be an additional $2,000 if the property
is vacant or abandoned pursuant to the definition in this section
when the summons and complaint in an action to foreclose is filed
or becomes vacant and abandoned pursuant to the definition in this
section at any time thereafter while the property is in foreclosure.
All such annual fees and the due dates thereof shall be identified
in the ordinance adopted pursuant to Subsection 23-3.2a of this
section. The fee for the first annual renewal, and all other subsequent
renewals, shall be $2,000.
[Ord. No. 2016-11; amended 9-20-2022 by Ord. No. 2022-08]
a.
The owner of the property or 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 this section.
b.
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 paragraph a of this subsection. Notice of said representative or agent shall be provided to the Municipal Clerk pursuant to Subsection 23-3.2c and d of this section and pursuant to paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
[Ord. No. 2016-11; amended 9-20-2022 by Ord. No. 2022-08]
a.
The enforcement officer(s) designated in this section shall be authorized to issue a notice to the owner of the property, or a creditor that has filed a summons and complaint in an action to foreclose on a residential or commercial or industrial property within the Township, if the enforcement officer(s) determines that the owner of the property, or creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township, has violated this section by failing to provide for the care, maintenance, security and upkeep of the exterior of a vacant and abandoned property. 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 Subsection 23-3.4b of this section and pursuant to paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
[Ord. No. 2016-11; amended 9-20-2022 by Ord. No. 2022-08]
a.
The duty
of administering and enforcing the provisions of this section is conferred
upon the Municipal Clerk, Construction Official, Zoning Officer, Housing
Officer, Health Officer and any other duly appointed representatives.
b.
The Township may contract with and set the compensation of a private entity, pursuant to the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.), to assist the municipality in the implementation and administration of the property registration program established pursuant to an ordinance adopted. A county or county improvement authority may similarly contract with a private entity to assist the county or authority in the implementation and administration of a property registration system established for the use of a municipality with a property registration program established pursuant to an ordinance adopted as well as for the use of the county improvement authority. A local unit may delegate to such private entity any duties under the property registration program, including, without limitation, identifying properties located within the municipality that are subject to the registration requirements of the property registration program, maintaining and updating the property registrations for the municipality, communication with the creditors or the in-state representative or agent appointed by creditors located out of state of such properties, invoicing and collecting payment from the creditors for such properties of any fees authorized by the ordinance and Subsection 23-3.3 of this section, and monitoring compliance with the requirements of the ordinance. A local unit may conduct property registration services on behalf of a municipality pursuant to a shared services agreement subject to the Uniform Shared Services and Consolidation Act, P.L. 2007, c. 63 (N.J.S.A. 40A:65-1 et seq.). Property registration fees imposed pursuant to Subsection 23-3.3 of this section and an ordinance adopted pursuant to Subsection 23-3.6b of this section shall be considered a municipal charge pursuant to the Tax Sale Law, N.J.S.A. 54:5-1 et seq., regardless of whether the fees are being collected by a third-party entity or by the municipality directly. The Local Finance Board of the Department of Community Affairs may adopt rules and regulations pertaining to contracts, entered pursuant to this subsection, with third-party entities for the implementation and administration of a property registration program.
c.
Notwithstanding the provisions of N.J.S.A. 40A:5-15 to the contrary,
any property registration fees imposed pursuant to this section and
an ordinance adopted and collected by a third-party entity contracted
shall be paid over to the municipality within a time frame specified
in the contract between the municipality and the third-party entity.
Amounts collected by the third-party entity on behalf of the local
unit shall be paid over in full to the local unit without any amount
deducted as payment for services rendered by the third-party entity.
Once the collected fees are paid over to the local unit, the officer
charged with the custody of the general funds shall deposit all such
funds within 48 hours after the receipt thereof to the credit of the
municipality in its designated legal depository. A third-party entity
shall collect and pay over to the municipality any interest and penalties,
based upon the rate of interest and penalties fixed by the governing
body of the municipality for late payment of the property registration
fees imposed pursuant to this section and any ordinance adopted. The
third-party entity shall, at least once a year or as requested by
the Municipal Tax Collector, file a certification as may be required
by the Tax Collector to enforce tax liens for all unpaid property
registration program fees due and owing at the time the certification
is filed.
[Ord. No. 2016-11; amended 9-20-2022 by Ord. No. 2022-08]
a.
If an out-of-state creditor of a residential, commercial or industrial property is found by the Municipal Court of the municipality in which the property subject to the ordinance is located, or by any another court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to the ordinance 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 in-state representative or agent shall commence on the day after the ten-day period set forth in paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) or paragraph (1) of Subsection a of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
b.
A creditor subject to this section, if found by the Municipal Court
of the municipality in which the property subject to the ordinance
is located, or by any other court of competent jurisdiction, to be
in violation, excluding only a violation addressed by paragraph a
of this subsection, shall be subject to a fine of $1,500 for each
day of the violation. Any fines imposed pursuant to this paragraph
shall commence 31 days following receipt of the notice of violation,
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.
1.
No less than 20% of any money collected pursuant to this section
or an ordinance adopted shall be utilized by the municipality for
municipal code enforcement purposes.
2.
CREDITOR
LOCAL UNIT
As used in this section:
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this section, a creditor shall not include the state, a political
subdivision of the state, a state, county or local government entity,
or their agent or assignee, such as the servicer.
A municipality, county or county improvement authority or
other subdivision of a municipality or county.
c.
Nothing in this section is intended, nor shall be read, to conflict
or prevent the Township from taking action against buildings found
to be unfit for human habitation or unsafe structures as provided
in the applicable provisions of the Code of the Township and/or the
Uniform Construction Code. Further, any action taken under any such
Code provision, other than the demolition of a structure, shall not
relieve the owner from its obligation under this section.
[Ord. No. 2016-11; amended 9-20-2022 by Ord. No. 2022-08]
The Township hereby grants to itself all such powers granted
to municipalities by the State of New Jersey for the rehabilitation
of abandoned property. Such powers are set forth, inter alia, in the
Abandoned Properties Rehabilitation Act (N.J.S.A. 55:19-78 et seq.)
and in applicable portions of the New Jersey Urban Development Corporation
Act (N.J.S.A. 55:19-1 through 55:19-77). These statutory powers are
collectively referred to as the "enabling statutes."
