[HISTORY:[1] Adopted by the Council of the Township of Monroe 12-3-18 by Ord. No. O-11-2018-040. Amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was changed from "Vacant and Abandoned Property" to "Foreclosure Properties, Registration and Maintenance of" 3-4-2019 by Ord. No. O-2-2019-009.
A. 
CREDITOR – Shall mean a federal or 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," or any person who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments (not including a down payment), and any entity acting on behalf of a lender or successor in interest to a lender named in the debt obligation, including but not limited to servicers.
B. 
VACANT AND ABANDONED PROPERTY – Shall mean, consistent with N.J.S.A. 2A:50-73, residential real estate for which a notice of violation has been issued pursuant to municipal ordinance, or 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 N.J.S.A. 2A:50-73 (the "Fair Foreclosure Act"), and at least two of the following conditions exist:
(1) 
Overgrown or neglected vegetation;
(2) 
The accumulation of newspapers, circulars, flyers or mail on the property;
(3) 
Disconnected gas, electric, or water utility services to the property;
(4) 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
(5) 
The accumulation of junk, litter, trash or debris on the property;
(6) 
The absence of window treatments such as blinds, curtains or shutters;
(7) 
The absence of furnishings and personal items;
(8) 
Statements of neighbors, delivery persons, or government employees indicating that the residence is vacant and abandoned;
(9) 
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
(10) 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
(11) 
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;
(12) 
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;
(13) 
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;
(14) 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property; and
(15) 
Any other reasonable indicia of abandonment.
If a residential property within the Township for which a Creditor has initiated a proceeding to foreclose a mortgage is Vacant and Abandoned, or becomes Vacant and Abandoned at any point subsequent to a Creditor initiating a foreclosure proceeding but prior to the vesting of title in the Creditor or any other third party, the Creditor shall be responsible for the care, maintenance, security and upkeep of the exterior of the property.
A. 
A Creditor who has filed a summons and complaint in an action to foreclose on a mortgage on residential property within the Township, who is required to provide notice to the Township Clerk pursuant N.J.S.A. 46:10B-51, shall include in the notice the full name and contact information of the representative of the Creditor who is responsible for the care, maintenance, security and upkeep of the exterior of the property in the event the property is or becomes Vacant and Abandoned.
B. 
A Creditor who has filed a summons and complaint in an action to foreclose on a mortgage on residential property within the Township, who is required to provide notice to the Township Clerk pursuant N.J.S.A. 46:10B-51, and whose principal place of business is not in New Jersey (an "out-of-state Creditor"), shall include in the notice the full name and contact information of an in-state representative or agent appointed by the Creditor who is responsible for the care, maintenance, security and upkeep of the exterior of the property in the event the property is or becomes Vacant and Abandoned.
C. 
A Creditor who has filed a summons and complaint in an action to foreclose on a mortgage on residential property within the Township, who is required to provide notice to the Township Clerk pursuant N.J.S.A. 46:10B-51, shall include with such notice a registration fee of $500 for each property upon which the Creditor has initiated a foreclosure proceeding, said funds to be used to offset the administrative expenses of the Township.
D. 
A Creditor shall notify the Clerk within 30 calendar days of any change in the information required to be provided in the notice to the Township Clerk pursuant to N.J.S.A. 46:10B-51 or this chapter.
A. 
If the Township Zoning Officer or any other municipal official responsible for the administration of any property maintenance or public nuisance code, determines that the exterior of a Vacant and Abandoned property is a nuisance or is in violation of any applicable State or local statute or ordinance, the Zoning Officer or other municipal official shall issue a notice of violation to the Creditor that includes a description of the condition or conditions that give rise to the violation. The notice shall require the Creditor to correct the violation to such standard or specification as may is required by State or local statute or ordinance.
B. 
The notice of violation shall require the Creditor to correct the violation within 30 days of the date of the notice, or within 10 days of the date of the notice if the violation presents an imminent threat to public health and safety. The issuance of the notice shall constitute evidence that a property is Vacant and Abandoned for purposes of this chapter.
C. 
The Zoning Officer or any other municipal official responsible for the administration of any property maintenance or public nuisance code is authorized to exercise such powers as may be necessary or convenient to effectuate the purposes and provisions of this chapter, including without limitation to enter upon the grounds of Vacant and Abandoned properties for the purpose of making examinations of the conditions thereof.
A. 
Failure to appoint in-state representative or agent. An out-of-state Creditor found by the municipal court of the Township of Monroe, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent as provided by N.J.S.A. 46:10B-51, 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 10 day period from the date of service of the summons and complaint in foreclosure as set forth in N.J.S.A. 46:10B-51.
B. 
Failure to provide for the care, maintenance, security or upkeep of Vacant and Abandoned property. A Creditor found by the municipal court of the Township of Monroe, or by any other court of competent jurisdiction, to be in violation of the requirement to provide for the care, maintenance, security or upkeep of Vacant and Abandoned property as cited in a notice issued pursuant to this chapter, shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed on a Creditor for failure to correct a violation shall commence 31 days following the date 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 the date of the notice of violation.
C. 
No less than 20% of any money collected pursuant to this section shall be utilized by the Township for municipal code enforcement purposes.
D. 
If a Creditor who has been given notice of a violation of the requirement to provide for the care, maintenance, security or upkeep of Vacant and Abandoned property fails to abate the nuisance or correct the violation as directed in the notice within the time provided in this chapter, the Township may expend public funds in order to abate the nuisance or correct the violation, and the Township shall have the same recourse against the Creditor as it would have against the title owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100.