[Added 12-13-2022 by Ord.
No. 2022-16]
The following terms, wherever used herein or referred to in
this section, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
CREDITOR
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 filling
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For the
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.
VACANT AND ABANDONED PROPERTY
Any residential or commercial building which is not legally
occupied by an owner, a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied, and two or more of the following
conditions exist:
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, curtain, 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 window panes 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.
[Added 12-13-2022 by Ord.
No. 2022-16]
a. There is hereby established a Borough Property Registration Program
for the purpose of identifying and monitoring vacant and abandoned
residential and commercial properties for which a summons and complaint
has been filed in foreclosure;
b. The Borough Property Registration Program shall be responsible for
regulating the care, maintenance, security and upkeep of the exterior
of vacant and abandoned residential and commercial properties in foreclosure;
c. The Borough Manager or his/her designee shall administer and enforce
the Borough Property Registration Program.
[Added 12-13-2022 by Ord.
No. 2022-16]
a. A creditor filing a summons and complaint in an action to foreclose
shall, in addition to the notice provided to the municipality pursuant
to N.J.S.A. 46:10B-51(a), register the residential or commercial property
with the Borough's Property Registration Program as a property
in foreclosure.
b. Registration as a Property in Foreclosure. The creditor must provide
the municipality with:
1. Information regarding the creditor required pursuant to N.J.S.A.
46:10B-51(a); and
2. The date the summons and complaint in an action to foreclose on a
mortgage was filed against the subject property, the court in which
it was filed, and the docket number of the filing; and
3. Identify whether the property is vacant and abandoned in accordance
with the definition of "vacant and abandoned property" as provided
herein; and
4. 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; and
5. If there is any change in the property's status, update the
property registration and Borough's Property Registration Program
to reflect the change; and
6. If the creditor is located out of state, the information of an in-state
representative or agent to act for the foreclosing creditor.
c. A creditor filing a summons and complaint in an action to foreclose
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 in accordance with the maintenance and security requirements
of this section. The maintenance requirements herein are in addition
to any other property maintenance ordinances, statutes, rules or regulations.
d. Maintenance Requirements.
1. Registerable properties subject to this section shall be kept free
of weeds, overgrown bush, dead vegetation; trash, junk, debris, building
materials, any accumulation of newspaper circulars, flyers, notices,
except those required by federal, state or local law, discarded personal
items, including, but not limited to, furniture, clothing, large and
small appliances, printed material, or any other items that give the
appearance that the property is abandoned.
2. Registrable property shall be maintained free of graffiti or other
similar markings by removal or painting over with an exterior grade
paint that matches the color of the exterior structure.
3. Front, side, and rear yards, including landscaping, of registrable
property shall be maintained in accordance with the applicable code(s)
at the time registration is required.
4. Registrable yard maintenance shall include, but not be limited to,
grass, ground covers, bushes, shrubs, hedges or similar plantings,
decorative rock or bark or artificial turf/sod. Acceptable maintenance
of yards and/or landscape shall not include weeds, gravel, broken
concrete, asphalt or similar material.
5. Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
6. Pools shall be maintained so the water remains free and clear of
pollutants and debris and shall comply with the regulations set forth
in the applicable code(s).
e. Security Requirements.
1. Registrable properties shall be maintained in a secure manner so
as not to be accessible to unauthorized persons.
2. A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates, and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
[Added 12-13-2022 by Ord.
No. 2022-16]
a. If a property is registrable, and the property is or has become vacant
and abandoned, a property manager shall be designated by the creditor
to perform the work necessary to bring the property into compliance
with the maintenance and security requirements of this section and
all other applicable laws, and the property manager must perform regular
inspections to verify compliance with the requirements of this section,
and any other applicable laws.
b. When a property subject to this section is or becomes vacant and
abandoned, it shall be posted with the name and twenty-four-hour contact
telephone number of the property manager. The property manager shall
be available to be contacted by the Borough Monday through Friday
between 9:00 a.m. and 5:00 p.m., legal holidays excepted. The sign
shall be placed in a window facing the street and shall be visible
from the street. The posting shall be no less than 18 inches by 24
inches and shall be of a font that is legible from a distance of 45
feet. The posting shall contain the following language with supporting
information:
THIS PROPERTY IS MANAGED BY AND IS
INSPECTED ON A REGULAR BASIS. THE
PROPERTY MANAGER CAN BE CONTACTED
BY TELEPHONE AT:
OR BY EMAIL AT:
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c. The required posting shall be placed on the interior of a window
facing the street to the front of the property so that it is visible
from the street, or secured to the exterior of the building/structure
facing the street to the front of the property so that it is visible
from the street, or if no such area exists, on a stake of sufficient
size to support the posting in a location that is at all times visible
from the street to the front of the property but not readily accessible
to vandals. Exterior posting shall be constructed of and printed with
weather-resistant materials.
d. The creditor shall obtain and maintain liability insurance by procuring
a vacancy policy covering injury to persons and damage to property
caused by the physical condition of the property while registered.
[Added 12-13-2022 by Ord.
No. 2022-16]
In the case of a violation for failure to provide care, maintenance,
security and upkeep of the exterior of vacant and abandoned property,
or violation of any other provision of this section, 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.
[Added 12-13-2022 by Ord.
No. 2022-16]
a. $500 per property annually for any property that is required to be
registered because a summons and complaint in an action to foreclose
was filed by the creditor.
b. An additional $2,000 per property annually if the property is vacant
and abandoned when the summons and complaint in an action to foreclose
is filed, or becomes vacant and abandoned pursuant to the definition
in this chapter at any time thereafter while the property is in foreclosure.
c. Annual registration fees shall be due on the day of registration,
and subsequent annual registration fees shall be due on each yearly
anniversary of the initial registration day until the property is
no longer registered.
d. Property registration fees are considered a municipal charge pursuant
to the Tax Sale Law, N.J.S.A. 54:5-1 et seq.
[Added 12-13-2022 by Ord.
No. 2022-16]
a. Unless otherwise provided in this section, the fine for violating
any provision of this section shall be a penalty of $1,500.
b. Each day that a violation continues shall constitute an additional,
separate and distinct offense.
c. Any fines imposed pursuant to this section 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.
d. Penalties for Out-of-State Creditors. An out-of-state creditor who
fails to appoint an in-state representatives or agent after the 10th
day of the period set forth in N.J.S.A. 46:10B-51 shall be subject
to a fine of $2,500 for each day of the violation.
[Added 12-13-2022 by Ord.
No. 2022-16]
This section shall be interpreted and enforced in accordance
with the fullest extent of the authority granted to municipalities
under P.L. 2021, c. 444, and any subsequent amendments or supplements thereto,
and to the extent that any provision of this section conflicts with
P.L. 2021, c. 444, the latter shall control.
[Added 12-13-2022 by Ord.
No. 2022-16]
Ordinances, resolutions, regulations or parts of ordinances,
resolutions and regulations inconsistent herewith are hereby repealed
to the extent of such inconsistencies.
[Added 12-13-2022 by Ord.
No. 2022-16]
If any section, subsection, sentence, clause or phrase of this
section is for any reason held to be unconstitutional or invalid by
a court of competent jurisdiction, such a decision shall not affect
the remaining portions of this section.
[Added 12-13-2022 by Ord.
No. 2022-16]
This section shall take effect 20 days following final passage.