[Ord. No. 2015-12 § 1]
As used in this section, the following terms shall have the
meanings indicated:
Pursuant to N.J.S.A. 55:19-81, an abandoned property is defined
as follows:
Any property that has not been legally occupied for a period
of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by the Enforcement Officer that:
The property is in need of rehabilitation in the reasonable
judgment of the Enforcement Officer, and no rehabilitation has taken
place during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Enforcement Officer pursuant to
this section;
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes of the date of the determination by the Enforcement Officer pursuant to this section;
Any building or structure which is not legally occupied or at
which all lawful business or construction operations or renovation
work or residential occupancy has substantially ceased, and which
is in such condition that it cannot legally be reoccupied without
repair or rehabilitation, and/or the property has been determined
to be a nuisance by the Enforcement Officer in accordance with N.J.S.A.
55:19-82. A property which contains both residential and non-residential
space may be considered abandoned pursuant to N.J.S.A. 55:19-78, et
seq. so long as two-thirds or more of the total net square footage
of the building was previously legally occupied as residential or
commercial space and none of the residential or commercial space has
been legally occupied for at least six months at the time of the determination
of abandonment by the Enforcement Officer and the property meets the
criteria of either paragraph a or paragraph d of this definition.
Shall mean any Creditor (including out-of-State Creditors)
including but not limited to, service companies, lenders in a mortgage
agreement and any agent, servant or employee of the mortgagee, or
any successor in interest and/or assignee of the mortgagee's rights,
interests or obligations under a mortgage or mortgage note.
Shall mean the Borough's Property Maintenance Officer or
Building Inspector.
Shall mean any of the following actions taken by a lienholder
or mortgage holder or mortgagee:
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant and/or abandoned
property, any foreclosing entity that has filed a notice with the
Municipal Clerk pursuant to the provisions of N.J.S.A. 46:10B-51,
or any other entity determined by the Borough of Elmer to have authority
to act with respect to the property.
Shall mean any building or structure which is not legally
occupied or at which all lawful business or construction operations
or renovation work or occupancy have substantially ceased, and which
is in such condition that it cannot legally be reoccupied without
repair or rehabilitation, including but not limited to any property
meeting the definition of abandoned property in N.J.S.A. 55:19-81
or any two of the conditions defined in N.J.S.A. 2A:50-73 exist; provided,
however, that any property where all building systems are in working
order, where the building and grounds are maintained in good order,
or where the building is in a habitable condition, and where the building
is being actively marketed by its owner or Creditor for sale or rental,
shall not be deemed a vacant property for purposes of this section.
[Ord. No. 2015-12 § 2]
The owner and/or Creditor of any abandoned or vacant property
as defined herein shall:
a.
Within 30 calendar days after the building becomes vacant property
or
b.
Within 30 calendar days after assuming ownership of the vacant property,
whichever is later; or
c.
Within 30 calendar days of receipt of notice by the municipality,
file a registration statement for such vacant property with the Code
Enforcement Office on forms provided by the Borough for such purposes
in the manner set forth below. Failure to receive notice by the municipality
shall not constitute grounds for failing to register the property.
1.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
2.
The registration statement shall include the name, street address,
telephone number, and e-mail address of a person 21 years of age or
older, designated by the owner or Creditor or owners or Creditors
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 owner or owners or Creditors in connection
with the enforcement of any applicable code; and the name, street
address, telephone number, and e-mail address of the firm and the
actual name(s) of the firms individual principal(s) responsible for
maintaining the property. The individual or a representative of the
firm responsible for maintaining the property shall be available by
telephone or in person on a 24 hour per day, seven day per week basis.
The two entities may be the same or different persons. Both entities
shown on the statement must maintain offices in the State of New Jersey
or reside within the State of New Jersey.
3.
The registration shall remain valid for one year from the date of registration, except the initial registration, for the fee prescribed in subsection 9-1.8 for each vacant property registered.
4.
If the registration fee is not paid within 30 days of notification, a lien will be placed on the property for the amount prescribed in subsection 9-1.8.
5.
The owner or Creditor shall notify the Enforcement Officer within
30 calendar days of any change in the registration information by
filing an amended registration statement on a form provided by the
Borough for such purpose.
6.
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 Borough against the owner, owners
or Creditor of the building.
8.
The registration statement may include any additional information
that the Enforcement Officer may reasonably require.
9.
If after 30 calendar days, there is no progress taken to address
the code violations at the vacant property; taxes are unpaid for one
quarter and the water and sewer charges, if applicable, are also delinquent
for one quarter, the Borough may commence condemnation proceedings
to either demolish the structure and or take title to the property
to satisfy the Borough's liens and expenses.
[Added 12-14-2022 by Ord. No. 2022-10]
a.
This subsection is adopted pursuant to N.J.S.A. 40:48-2.12s3 and
requires that:
1.
A creditor filing a summons and complaint in an action to foreclosure
shall, in addition to the notice provided to the Borough of Elmer
pursuant to N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2 register the
residential or commercial property with the municipality's property
registration program as a property in foreclosure and, as part of
the registration:
(a)
Provide the municipality with the information regarding the
creditor required by N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2;
and
(b)
Identify the date the summons and complaint in an action to
foreclosure on a mortgage was filed against the subject property,
the court in which it was filed, and the docket number of the filing;
and
(c)
Identify whether the property is vacant and abandoned in accordance
with the definition in the ordinance required by paragraph 8 of this
subsection;
2.
If there is any change in the name, address or telephone number for
a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information;
3.
The creditor filing a summons and complaint in an action to foreclosure
shall, if the registered property becomes vacant and abandoned in
accordance with the definition in the ordinance required by paragraph
8 of this subsection after the property is initially registered with
the municipality, update the property registration with the municipality
to reflect the change in the property's status;
4.
The creditor filing a summons and complaint in an action to foreclosure
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program;
5.
A creditor located out-of-State shall be responsible for appointing
an in-State representative or agent to act for the foreclosing creditor;
6.
A creditor must comply with the requirements of subsection 9-1.6, relating to the care, maintenance, security, and upkeep of the exterior of the property, and post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the creditor or an out-of-State creditor's in-state representative or agent for the purchase of receiving service of process, or acquire and otherwise maintain liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property while registered with the property registration program;
7.
Fees may be imposed on the creditor in connection with the property registration program as authorized pursuant to subsection 9-1.8b; and
8.
A property shall be considered vacant and abandoned if it is not
legally occupied by a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied, because of the presence or finding
of at least two of the following:
(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 property is vacant and abandoned;
(i)
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes 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 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(o)
Any other reasonable indicia of abandonment.
b.
For purpose of subsection 9-1.2.5 the word "Creditor" means mortgagees 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 foreclosure 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.
[Ord. No. 2015-12 § 3]
Any owner of vacant property who plans to restore the property
to productive use and occupancy during the 30 day period following
the date of the initial registration of the property shall file a
sufficiently detailed statement of the owner's plans for restoration
of the property with the registration statement along with a timeline
schedule. Any owner who within the initial registration period completes
restoration of the property whereby the property no longer is defined
as a vacant property may request a 50% refund of the vacant property
registration fee from the Code Enforcement Office upon presentation
of a Certificate of Occupancy who shall forward the request to the
Enforcement Officer for approval.
[Ord. No. 2015-12 § 4]
The owner and/or Creditor of any vacant property registered
under this section shall provide access to the Borough to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
or Creditor or the designated agent. Such inspections shall be carried
out on weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such
other time as may be mutually agreed upon between the owner or Creditor
and the Borough.
[Ord. No. 2015-12 § 5]
a.
An owner or Creditor who meets the requirements of this section with
respect to the location of his or her residence or workplace in the
State of New Jersey may designate himself or herself as agent or as
the individual responsible for maintaining the property.
b.
By designating an authorized agent under the provisions of this section
the owner or Creditor consents to receive any and all notices of code
violations concerning the registered vacant property and all process
in any court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered building by service
of the notice or process on the authorized agent. Any owner or Creditor
who has designated an authorized agent under the provisions of this
section shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner or Creditor
notifies the Borough of Elmer in writing of a change of authorized
agent or until the owner or Creditor files a new annual registration
statement.
c.
Any owner or Creditor who fails to register a vacant property under the provisions of this section shall further be deemed to consent to receive, by posting on the building, in plain view, and by service notice at the last known address of the owner or Creditor of the property on record with the Borough of Elmer by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building and subject to the provisions stated in subsection 9-1.2c9.
[Ord. No. 2015-12 § 6]
The owner or Creditor of any structure that has become vacant
and/or abandoned property, and any person responsible for maintaining
any such building that has become vacant and/or abandoned shall, within
30 calendar days of the structure becoming vacant and/or abandoned,
or within 30 calendar days of the owner or Creditor taking title to
the property, do the following:
a.
Board and secure the structure and all unattached accessory structures,
garages or similar structures as provided for in the applicable codes
of the Borough of Elmer or as set forth in rules and regulations promulgated
by the Construction and/or Housing Code Official.
b.
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, right-of-ways, alleys, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed overgrowth, and in compliance with Chapters 10 and 11 of the Code of the Borough of Elmer.
c.
Post a sign affixed and protected from the elements, to the structure indicating the name, address and telephone number of the owner or Creditor and the owner's or Creditor's authorized agent for the purpose of service of process, and the name, address and telephone number of the entity responsible for maintenance of the property, which may be the same as the owner or Creditor or authorized agent. The sign shall include the words "No Trespassing" and "to report problems with this building, call…", shall be 24" x 24" in size, and shall be placed in a location where it is clearly visible from the nearest public street or sidewalk, whichever is nearer. The sign shall meet the requirements of the Borough of Elmer's Land Development Regulations, Chapter 25.
d.
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete.
e.
The owner or Creditor of any vacant and/or abandoned property shall
acquire and otherwise maintain liability insurance, in an amount of
not less than $300,000.00 for buildings designed primarily for residential
use, and not less than $1,000,000.00 for any other building, including,
but not limited to, buildings designed for manufacturing, industrial,
storage or commercial uses, covering any damage to any person or any
property caused by any physical condition of or in the building or
property subject to the provisions of this section. Said insurance
shall provide a rider for payment of all demolition costs should the
vacant building become abandoned and require the Borough of Elmer
to demolish the building. Any insurance policy acquired or renewed
after the building has become vacant shall provide for written notice
to the Borough of Elmer Enforcement Officer within 30 calendar days
of any lapse, cancellation or change in coverage. The owner or Creditor
shall attach evidence of the insurance to the owner's or Creditor's
registration statement. Any registration statement submitted that
does not include such evidence shall be deemed to be an invalid registration.
Insurance must name Borough of Elmer as party or payee for demolition
costs should the Borough deem demolition is required.
f.
Correct any violation of this section, including but not limited
to the provision of care, maintenance, security and upkeep of the
exterior of the property, within 30 days of receipt of the violation
notice from the Enforcement Officer; or within 10 days of receipt
of the violation notice if the violation presents an eminent threat
to public health and safety. The issuance of a notice pursuant to
this section shall constitute proof that a property is "vacant and
abandoned" for the purposes of N.J.S.A. 2A:50-73.
[Ord. No. 2015-12 § 7;
amended 12-14-2022 by Ord. No. 2022-10]
a.
This section authorizes a public officer, designated or appointed pursuant to N.J.S.A. 40:48-2.3 et seq., or any other local official responsible for administration of any property maintenance or public nuisance code to issue a notice to the creditor filing the summons and complaint in an action to foreclosure, if the public officer or other authorized municipal official determines that the creditor has violated the ordinance. In the case a violation for failure to provide care, maintenance, security and upkeep of the exterior of vacant and abandoned property, such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to the public health and safety. The notice issued shall include a description of the conditions which give rise to the violation. If the creditor fails to remedy the violation within that time period, the Borough may impose penalties allowed for the violation of municipal ordinances. If the Borough expends public funds in order to abate a nuisance or correct a violation on a commercial property in situation in which the creditor was given notice pursuant to the provisions of subsection b. of this section but failed to abate the nuisance or correct the violation as directed, the municipality 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 section 23 of P.L. 2003, C. 210 (N.J.S.A. 55:19-100).
b.
Any enforcement officer or any person authorized by the municipality
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable good faith entry upon real property
while in the discharge of duties imposed herein.
[Ord. No. 2015-12 § 8;
amended 12-14-2022 by Ord. No. 2022-10]
A non-refundable annual registration fee per building in the
amount of $500 per property shall accompany the registration form.
a.
If not paid within six months of notification by the Borough of Elmer,
the registration fee shall increase to $1,000.
b.
An annual fee shall also be imposed on a creditor pursuant to subsection 9-1.2.5 that is required to register a property pursuant to this section. The fee shall not exceed: (1) $500 per property annually for any property that is required to be registered because a summons and complaint in an action to foreclosure was filed by the creditor; and (2) if a property registered with the Borough's registration program as a property in foreclosure and is determined to be vacant and abandoned at the time of registration, or becomes vacant and abandoned at any time during the pendency of the foreclosure proceeding, the creditor shall pay an additional annual registration fee of $2,000 per property, due at the time the determination that the property is vacant and abandon is made.
c.
No less than 20% of any money collected pursuant to this section
shall be utilized for municipal code enforcement.
[Ord. No. 2015-12 § 9;
amended 12-14-2022 by Ord. No. 2022-10]
a.
Any owner or In-State Creditor who violates any provision of this
section or of the rules and regulations issued hereunder shall be
subject to a fine of $1,500.00 for each offense. Every day that a
violation continues shall constitute a separate and distinct offense.
Fines assessed under this section shall be recoverable from the owner
or Creditor and shall be a lien on the property as described in N.J.S.A.
55:19-100.
b.
An out-of-State creditor subject to this ordinance found by the municipal
court, or by any other 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 10-day period set forth in N.J.S.A. 46:10B-51
or N.J.S.A. 40:48-2.12s2 for providing notice to the municipal clerk
that a summons and complaint in an action to foreclosure on a mortgage
has been served.
c.
A creditor subject to the notice and registration requirements found
to be in violation of any other subsection of this section 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.
