[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 4-11-17 by Ord. No. 2017-10. Amendments noted where applicable.]
[Adopted 4-11-17 by Ord. No. 2017-10]
[Added 4-11-17 by Ord. No. 2017-10]
The Town of Secaucus desires to protect the public health, safety
and welfare of the citizens of the Town of Secaucus and maintain a
high quality of life for the citizens of the Town of Secaucus through
the maintenance of structures and properties in the Town of Secaucus.
Properties that are neglected and have unsecured, accessible
structures have a negative impact on community value, create conditions
that invite criminal activity and foster an unsafe and unhealthy environment
for children.
The present mortgage foreclosure crisis has serious negative
implications for all communities trying to manage the consequences
of properties that have defaulted mortgages, are in the foreclosure
process, foreclosed upon and/or mortgagee owned.
Often times, the foreclosing party or property owners are an
absentee responsible party and there is no local contact for such
a property, which makes it difficult to notice the proper party of
the violations of the Municipal Code and to maintain the requisite
level of maintenance and security on such structures or lots.
The Mayor and Town Council of the Town of Secaucus recognizes
an increase in the number of properties with defaulted mortgages and
subject to foreclosure action or foreclosed upon, (hereinafter referred
to as "registrable properties") located throughout the Town of Secaucus
which leads to a decline in property value, creates nuisances and
leads to a general decrease in neighborhood and community aesthetic.
The Town of Secaucus has already adopted property maintenance
codes to regulate building standards for the exterior of structures
and the condition of the property as a whole.
The Mayor and Town Council recognizes in the best interest of
the public health, safety and welfare, a more regulated method is
needed to discourage registrable property owners and mortgagees from
allowing their properties to be abandoned, neglected or left unsupervised.
The Mayor and Town Council of the Town of Secaucus has a vested
interest in protecting neighborhoods against decay caused by registrable
properties and concludes that it is in the best interests of the health,
safety and welfare of its citizens and residents to impose registration
requirements of registrable properties located within the Town of
Secaucus, to discourage registrable property owners and mortgagees
from allowing their properties to be abandoned, neglected or left
unsupervised.
The Mayor and Town Council of the Town of Secaucus desires to
amend the Town's code in order to establish a property registration
process that will identify a contact person to address safety and
aesthetic concerns to minimize the negative impact and conditions
that occur as a result of the foreclosure process.
Upon passage, duly noticed public hearings, as required by law,
will have been held by the Town of Secaucus, at which public hearings
all residents and interested persons were given an opportunity to
be heard.
The Mayor and Town Council of the Town of Secaucus finds that
the implementation of the following changes and additions will assist
in protecting neighborhoods from the negative impact and conditions
that occur as a result of vacancy and lack of compliance with existing
state and local regulations and laws.
[Added 4-11-17 by Ord. No. 2017-10]
It is the purpose and intent of the Mayor and Town Council of
the Town of Secaucus to establish a process to address the deterioration,
crime and decline in value of the Town's neighborhoods caused by property,
with defaulted mortgages, located within the Town of Secaucus and
to identify, regulate, limit and reduce the number of these properties
located within the Town. It is the further intent to establish a registration
requirement as a mechanism to protect neighborhoods from the negative
impact and conditions that occur as a result of vacancy, lack of adequate
maintenance and security and will provide a method to expeditiously
identify a contact person for each property responsible for this protection.
It is not the intent of this Article to determine the rights
and liabilities of persons under agreements to which, the Town of
Secaucus is not a party. This Article shall not be construed to alter
the terms of any lease or other agreement between a landlord and a
tenant or others relating to property that is the subject of this
Article; provided that no provision of any lease or other agreement
shall be construed to excuse compliance with this Article. Additionally,
a violation of this Article shall not in and of itself create negligence
per se standard or otherwise expand existing liability in tort for
either a landlord or a tenant.
[Added 4-11-17 by Ord. No. 2017-10]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
A property that is accessible through a comprised/breached
gate, fence, wall, etc. or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
[Added 4-11-17 by Ord. No. 2017-10]
To include, but not be limited to, the Town's Zoning Code,
the Town's Ordinances and Property and Maintenance Code, Solid Waste
Ordinance, Residential and Commercial Recycling Ordinance, and the
State and the Town of Secaucus' Building and Fire Codes.
[Added 4-11-17 by Ord. No. 2017-10]
[Added 4-11-17 by Ord. No. 2017-10]
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Town
of Secaucus' Codes; or
Properties that endanger the public's health, safety or welfare
because the properties or improvements thereon are dilapidated, deteriorated
or violate minimum health and safety standards or lacks maintenance
as required by the applicable codes.
The mortgagor has not complied with the terms of the mortgage
on the property or the promissory note or other evidence of the debt,
referred to in the mortgage.
[Added 4-11-17 by Ord. No. 2017-10]
Any Law Enforcement Officer, Code Enforcement Officer, Fire
Inspector, Construction Official, Zoning Official, Property Maintenance
Inspector or other person authorized by the Town of Secaucus to enforce
the applicable code(s).
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash junk or debris; abandoned vehicles
auto parts or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passers-by,
delivery agents or government agents; broken or severely damaged windows,
doors, walls, or roofs or the presence of boards over doors, windows
or other openings in violation of applicable code.
The legal process by which a mortgagee or other lien holder,
terminates a property owner's equitable right of redemption to obtain
legal and equitable title to the real property pledged as security
for a debt or the real property subject to the lien. This definition
shall include, but is not limited to, public notice of default, filing
of lis pendens; filing of Complaint in Foreclosure, a deed-in-lieu
of foreclosure, sale to the mortgagee or lien holder, certificate
of title and all other processes, activities and actions, by whatever
name, associated with the described process. The process is not concluded
until the property obtained by the mortgagee, lien holder or their
designee, by certificate of title or any other means, is sold to a
non-related bona fide purchaser in an arm's length transaction to
satisfy the debt or lien.
[Added 4-11-17 by Ord. No. 2017-10]
The creditor, including but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the mortgage
agreement.
Any person, firm, corporation, estate or other legal entity
who, individually or jointly or severally with others, holds the legal
or beneficial title to any building, facilities, equipment or premises
subject to the provisions of this chapter.
[Added 4-11-17 by Ord. No. 2017-10]
Any improved residential or commercial land, buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Town of Secaucus' limits. Developed lots are considered improved
land.
[Added 4-11-17 by Ord. No. 2017-10]
[Added 4-11-17 by Ord. No. 2017-10]
Any real property located in the Town of Secaucus, whether vacant
or occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the Mortgagee or Trustee, has
been the subject of a foreclosure action by a Mortgagee or Trustee
and a Judgement has been entered or has been the subject of a foreclosure
sale where the title was transferred to the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a
deed in lieu of foreclosure/sale.
The designation of a "default/foreclosure" property as "registrable"
shall remain in place until such time as the property is sold to a
non-related bona fide purchaser in an arm's length transaction or
the foreclosure action has been dismissed and any default on the mortgage
has been cured.
Six months from the date of the first action that requires
registration, as determined by the Town of Secaucus, or its designee
and every subsequent six months. The date of the initial registration
may be different than the date of the first action that required registration.
[Added 4-11-17 by Ord. No. 2017-10]
Any parcel of land in the Town of Secaucus that contains
any building or structure that is not lawfully occupied or inhabited
by human beings as evidenced by the conditions set forth in the definition
of "Evidence of Vacancy" above, which is without lawful tenant or
lawful occupant or without a certificate of occupancy. Vacant property
does not mean property that is temporarily unoccupied while the residents
are away on vacation, personal matters or business or is not intended
by the owner to be left vacant, so long as the period does not exceed
30 days.
[Added 4-11-17 by Ord. No. 2017-10]
[Added 4-11-17 by Ord. No. 2017-10]
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Town of Secaucus above and beyond
any other state or municipal provisions for same. Nothing in this
Article shall bar the Town from commencing other applicable public
health, safety and welfare actions.
[Added 4-11-17 by Ord. No. 2017-10]
Pursuant to the provisions of this Article the Town, or its
designee, shall establish a registry cataloging each registrable property
within the Town of Secaucus, containing the information required by
this Article.
[Added 4-11-17 by Ord. No. 2017-10]
A.Â
Any mortgagee who holds a mortgage on real property located within
the Town of Secaucus shall perform an inspection of the property to
determine vacancy or occupancy, upon default by the mortgagor. The
mortgagee shall, within 10 days of the inspection, register the property
with the Town Clerk's Office or its designee, on forms or other manner
as directed and indicate whether the property is vacant or occupied.
A separate registration is required for each property, whether it
is found to be vacant or occupied. The Town Clerk shall provide a
copy to the Director of the Office of Inspections, Tax Assessor, Board
of Health and other Departments deemed appropriate within the Town
of Secaucus.
B.Â
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number and e-mail
address for the mortgagee/trustee and the mortgage servicer and the
name and 24 hour contact phone number of the local property management
company responsible for the security and maintenance of the property,
who has the authority to make decisions concerning the abatement of
nuisance conditions at the property, as well as any expenditure in
connection therewith.
C.Â
Mortgagees who have existing registrable property on the effective
date of this Article have 30 calendar days from the effective date
to register the property with the Town Clerk or its designee, on forms
or other manner as directed and indicate whether the property is vacant
or occupied. A separate registration is required for each property,
whether it is vacant or occupied. The Town Clerk shall provide a copy
to the Code Official, Tax Assessor, Board of Health and other Departments
deemed appropriate within the Town of Secaucus.
Editor's Note: Ordinance No. 2017-10, codified herein, was adopted
April 11, 2017.
D.Â
If the mortgage on a registrable property is sold or transferred,
the new mortgagee is subject to all the terms of this Article. Any
previous unpaid registration fees are the responsibility of the new
mortgagee or trustee and are due and payable with their initial registration.
Except, if it is determined that the transferee is exempt from paying
fees then the previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees and fines, regardless of who the
mortgagee was at the time when registration was required, including
but not limited to, unregistered periods during the foreclosure process.
The provisions of this section are cumulative with and in addition
to other available remedies. Moreover, the Director of the Office
of Inspections or their designee is authorized and empowered to refer
the previous mortgagee's non-payment of previous fees and fines to
the Secaucus Municipal Court or a court of competent jurisdiction
for disposition.
E.Â
If the servicing rights for a mortgage on a registrable property
are sold or transferred, the registration must be updated to include
all the new servicer information within 10 days of the servicing transfer.
F.Â
If the mortgagee owner of a foreclosed real property sells or transfers
the property to a non-arm's length related person or entity, the transferee
is subject to all the terms of this Article and within five days of
the transfer register the property. Any previous unpaid registration
fees are the responsibility of the new registrable property owner
and are due and payable with their initial registration. Except, if
it is determined that the transferee is exempt from paying fees then
the previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees and fines, regardless of who the
mortgagee was at the time when registration was required, including
but not limited to, unregistered periods during the foreclosure process.
The provisions of this section are cumulative with and in addition
to other available remedies. Moreover, the Director of the Office
of Inspections or their designee is authorized and empowered to refer
the previous mortgagee's non-payment of previous fees and fines to
the Secaucus Municipal Court or a court of competent jurisdiction
for disposition.
G.Â
As long as the property is registrable it shall be inspected by the
mortgagee, or designee, monthly. If an inspection shows a change in
the property's occupancy status the mortgagee shall, within 10 days
of that inspection, update the occupancy status of the property registration.
H.Â
A non-refundable registration fee of $500 shall accompany each registration
pursuant to this section.
I.Â
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the semiannual registration fee shall be charged for every
thirty-day period, or portion thereof, the property is not registered
and shall be due and payable with the registration.
[Amended 8-25-2020 by Ord. No. 2020-12]
J.Â
All registration fees must be paid directly from the mortgagee, trustee,
servicer, or owner. Third party registration fees are not allowed
without the consent of the Town of Secaucus and/or its authorized
designee.
K.Â
Properties subject to this section shall remain under the semi-annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they are registrable.
L.Â
Until the mortgage or lien on the property in question is satisfied
or legally discharged, the desire to no longer pursue foreclosure,
the filing of a dismissal of lis pendens and/or summary of final judgment
and/or certificate of title, voluntary or otherwise, does not exempt
any mortgagee holding the defaulted mortgage, from all the requirements
of this Article as long as the borrower is in default.
M.Â
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
N.Â
Failure of the mortgagee to properly register or to modify the registration
information from time to time to reflect a change of circumstances
as required by this Article is a violation of the Article and shall
be subject to enforcement and any resulting monetary penalties and/or
property liens.
O.Â
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this Article, the Town of Secaucus
may take the necessary action to ensure compliance with and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance.
P.Â
Properties subject to this Article shall be in accordance with the
applicable code(s) of the Town of Secaucus.
