[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-8-2013 by Ord. No. 2013-6]
A. 
The Public Officer, to be designated by the Mayor, is hereby directed to identify abandoned properties within the municipality, place said properties on an Abandoned Property List established as provided in Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as amended by Section 28 of P.L. 2003, c. 210, and provide such notices and carry out such other tasks as are required to effectuate an Abandoned Property List as provided by law.
B. 
The Abandoned Property List shall apply to the Borough of Woodlynne as a whole.
C. 
The Public Officer shall provide a report to the Mayor and governing body every six months with respect to the number and location of properties on the Abandoned Property List, the status of those properties, and any actions taken by the municipality or by any qualified rehabilitation entity designated pursuant to the authority granted the Public Officer with respect to any property on the list or any other abandoned property within the Borough of Woodlynne.
A. 
Except as provided in N.J.S.A. 55:19-83, any property that has not been legally occupied for a period of six months in the Borough of Woodlynne and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the Mayor that:
(1) 
The property is in need of rehabilitation in the reasonable judgment of the Mayor and no rehabilitation has taken place during that same six-month period; or
(2) 
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 Mayor pursuant to this section; or
(3) 
At least one installment of property tax remains unpaid and delinquent on that property as of the date of a determination by the Mayor pursuant to this section; or
(4) 
The property has been determined to be a nuisance by the Mayor, in accordance with N.J.S.A. 55:19-82, or for one or more of the following reasons:
(a) 
The property has been found to be unfit for human habitation, occupancy or use, pursuant to N.J.S.A. 40:48-2.3;
(b) 
The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties;
(c) 
The property is subject to unauthorized entry leading to potential health and safety hazards, the owner has failed to take reasonable and necessary measures to secure the property, or the municipality has secured the property in order to prevent such hazards after the owner has failed to do so;
(d) 
The presence of vermin or the accumulation of debris, uncut vegetation or physical deterioration of the structure or grounds have created potential health and safety hazards, and the owner has failed to take reasonable and necessary measures to remove the hazards; or
(e) 
The dilapidated appearance or other condition of the property materially affects the welfare, including the economic welfare, of the residents of the area in close proximity to the property, and the owner has failed to take reasonable and necessary measures to remedy the conditions.
B. 
A property which contains both residential and nonresidential 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 space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the Mayor.
A. 
The Mayor shall identify abandoned property within the Borough of Woodlynne for the purpose of establishing an Abandoned Property List. The Abandoned Property List shall include, for each abandoned property identified, the tax block and lot number, the name of the owner of record, if known, and the street address of the lot. The Mayor may add properties to the Abandoned Property List at anytime, and may delete properties at any time when he or she finds that the property no longer meets the definition of an abandoned property.
B. 
An abandoned property shall not be included on the Abandoned Property List if rehabilitation is being performed in a timely manner, as evidenced by building permits issued and diligent pursuit of rehabilitation work authorized by those permits. A property on which an entity other than the Borough of Woodlynne has purchased or taken assignment from the Borough of a tax sale certificate which has been placed on the Abandoned Property List may be removed if the owner of the certificate pays all municipal taxes and liens due on the property within 30 days after the property is placed on the list; provided, however, that if the owner of the certificate fails to initiate foreclosure proceedings within six months after the property was first placed on the list, the property shall be restored to the Abandoned Property List in accordance with the provisions of N.J.S.A. 55:19-103.
C. 
The Mayor shall establish the Abandoned Property List and any additions or deletions thereto by authorizing the publication of the list in the official newspaper of the Borough of Woodlynne, which publication shall constitute public notice, and, within 10 days after publication, shall send a notice, by certified mail, return receipt requested, and by regular mail, to the owner of record of every property included on the list. The published and mailed notices shall identify property determined to be abandoned, setting forth the owner of record, if known, the tax lot and block number and street address. The Mayor, in consultation with the Tax Collector, shall also send out a notice, by regular mail, to any mortgagee, servicing organization, or property tax processing organization that receives a duplicate copy of the tax bill pursuant to N.J.S.A. 54:4-64(d). When the owner of record is not known for a particular property and cannot be ascertained by the exercise of reasonable diligence by the Tax Collector, notice shall not be mailed but instead shall be posted on the property in the manner as provided in N.J.S.A. 40:48-2.7. The mailed notice shall indicate the factual basis for the Mayor's finding that the property is abandoned property, as that term is defined herein and in N.J.S.A. 55:19-54, and shall specify the information relied upon in making such finding. In all cases a copy of the mailed or posted notice shall also be filed by the Mayor in the office of the Camden County Clerk. This filing shall have the same force and effect as a formal notice under N.J.S.A. 2A:15-6. The notice shall be captioned with the name of the Borough of Woodlynne as "plaintiff" and the name of the property owner as "defendant," as though an action had been commenced by the Borough against the owner.
D. 
An owner or lienholder may challenge the inclusion of his property on the Abandoned Property List by appealing that determination to the Mayor within 30 days of the owner's receipt of the certified notice or 40 days from the date upon which the notice was sent. An owner whose identity was not known to the Mayor shall have 40 days from the date upon which notice was published or posted, whichever is later, to challenge the inclusion of a property on the Abandoned Property List. For good cause shown, the Mayor shall accept a late filing of an appeal. Within 30 days of receipt of a request for an appeal of the findings contained in the notice, the Mayor shall schedule a hearing for redetermination of the matter. Any property included on the list shall be presumed to be abandoned property unless the owner, through the submission of an affidavit or certification asserting that the property,[1] can demonstrate that the property was erroneously included on the list. The affidavit or certification shall be accompanied by supporting documentation such as, but not limited to, photographs, repair invoices, bills and construction contracts. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined herein and in N.J.S.A. 55:19-54. The Mayor shall decide any timely filed appeal within 10 days of the hearing on the appeal and shall promptly, by certified mail, return receipt requested, and by regular mail, notify the property owner of the decision and the reasons therefore.
[1]
Editor's Note: So in original.
E. 
The property owner may challenge an adverse determination of an appeal with the Mayor pursuant to Subsection D of this section, by instituting, in accordance with the New Jersey Court Rules, a summary trial proceeding in the Superior Court, Camden County. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the Mayor. The sole ground for appeal and new hearing before the Superior Court shall be that the property in question is not an abandoned property as that term is defined in N.J.S.A. 55:19-54. The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the court may extend the deadline for instituting the action.
F. 
The Mayor shall promptly remove any property from the Abandoned Property List that has been determined by him or on appeal not to be abandoned and may, in his discretion, remove properties from said list whenever he deems such removal appropriate under the circumstances.
G. 
The Abandoned Property List shall become effective and the Borough of Woodlynne shall have the right to pursue any legal remedy with respect to properties on the list at any time after at least one property has been placed on the list and following the expiration of the period for appeal with respect to that first property or upon the denial of an appeal brought by the property owner of that first property.
A. 
Any interested party may submit a written request to the Mayor asserting that any property within the Borough of Woodlynne should be included on the Abandoned Property List. The written request must specify the street address and block and lot number of the property to be included, and the grounds for its inclusion. Within 30 days of receipt of any such request, the Mayor shall provide a written response to the party, either indicating that the property will be added to the list or, if not, the reasons for not adding the property. For the purposes of this section, the term "interested parties" shall include any resident of the Borough of Woodlynne, any owner or operator of a business within the Borough of Woodlynne or any organization representing the interests of residents, business owners or otherwise engaged in furthering the revitalization and improvement of the neighborhood in which the property is located.
B. 
Any interested party may participate in a redetermination hearing regarding the inclusion of a property on the Abandoned Property List. Upon written request by any interested party, the Mayor shall provide that party with at least 20 days' notice of any such hearing. The party shall provide the Mayor with notice at least 10 days before the hearing of its intention to participate and the nature of the testimony or other information that it proposes to submit at the hearing.
A. 
An owner may request removal of their property from the Abandoned Properties List prior to sale of the tax sale certificate by paying all taxes and Borough liens due, including interest and penalties, and:
(1) 
By posting cash or a bond equal to the cost of remediating all conditions because of which the property has been determined to be abandoned, pursuant to N.J.S.A. 55:19-55, and by posting cash or a bond to cover the cost of any environmental cleanup required on the property, evidenced by a certification by a licensed engineer, retained by the owner and reviewed and approved by the Mayor, stating that the cash or bond adequately covers the cost of the cleanup; or
(2) 
By demonstrating to the satisfaction of both the Mayor and Borough Council that the conditions rendering the property abandoned have been remediated in full; provided, however, that where the Mayor finds that the owner is actively engaged in remediating the conditions because of which the property was determined to be abandoned, as evidenced by significant rehabilitation activity on the property, the Mayor may grant an extension of time of not more than 120 days for the owner to complete all work, during which time no further proceedings will be taken against the owner or the property.
B. 
If the owner has posted cash or a bond in order to have a property removed from the Abandoned Property List, and the conditions because of which the property was determined to be abandoned have not been fully remediated within one year of the date of posting the cash or bond, or, in the case of a property which requires a remediation of any known, suspected or threatened release of contaminants, if the owner has failed to enter into a memorandum of agreement with the New Jersey Department of Environmental Protection or an administrative consent order, as the case may be, or if an agreement or order is in effect but the owner has failed to perform the remediation in conformance with the agreement or order, then the cash or bond shall be forfeited to the Borough which shall use the cash or bond and any interest which has accrued thereon for the purpose of demolishing or rehabilitating the property or performing the environmental remediation. Any funds remaining after the property has been demolished, rehabilitated or cleaned up shall be returned to the owner.
A. 
Notwithstanding the provisions of N.J.S.A. 54:5-19, or the provisions of any other law to the contrary, if a property is included on the Abandoned Property List and the property taxes or other Borough liens due on the property are delinquent for six or more quarters as of the date of expiration of the right to appeal the property's inclusion on the list, or, if an appeal has been filed, as of the date that all opportunities for appeal of inclusion on the list have been exhausted, then the tax lien on the property may be sold in accordance with the procedures of the Tax Sale Law, N.J.S.A. 54:5-1 et seq., on or after the 90th day following the expiration of that time of appeal or final determination on an appeal.
B. 
The Borough of Woodlynne may, at its option, require that the sale of the tax sale certificate or any subsequent assignment or transfer of a tax sale certificate held by the Borough be subject to the express condition that the purchaser or assignee shall be obliged to perform and conclude any rehabilitation or repairs necessary to remove the property from the Abandoned Property List, pursuant to N.J.S.A. 55:19-55, and to post a bond in favor of the Borough to guarantee the rehabilitation or repair of the property. The Mayor may waive a requirement to post a bond imposed by the Borough for any purchaser, assignee or transferee of a tax sale certificate that provides documentation acceptable to the Mayor that the purchaser, assignee or transferee is a "qualified rehabilitation entity," as defined in N.J.S.A. 55:19-80. The cost of rehabilitation and repairs and the cost of the bond shall be added to the amount required to be paid by the owner for redemption of the property. The purchaser, assignee or transferee of the tax sale certificate who is required to rehabilitate and repair the property shall be required to file the appropriate affidavits with the Tax Collector, pursuant to N.J.S.A. 54:5-62, representing the amounts of monies expended periodically toward the rehabilitation or repair of the property. A purchaser, assignee or transferee shall be entitled to interest on the amounts expended, as set forth in the affidavits, at the delinquent rate of interest for delinquencies in excess of $1,500 in effect for the time period when the amounts were expended, pursuant to N.J.S.A. 54:4-67. The tax sale certificate purchaser, assignee or transferee, with the authority of the Borough of Woodlynne, shall be permitted to enter in and upon the property for the purposes of appraising the costs of rehabilitation and repair and to perform all other acts required to guarantee the completion of the rehabilitation or repair of the property. No rehabilitation or repair work shall be commenced, however, until proof of adequate liability insurance and an indemnification agreement, holding the Borough of Woodlynne harmless, has been filed with the Mayor.
C. 
If the Borough of Woodlynne acquires the tax sale certificate for a property on the Abandoned Property List, then, upon 10 days' written notice to the property owner and any mortgagee as of the date of the filing of the notice pursuant to N.J.S.A. 55:19-55, the Borough shall be permitted to enter upon the property and remediate any conditions that caused the property to be included on the Abandoned Property List. No remediation shall be commenced, however, if within that ten-day period the owner or mortgagee shall have notified the Borough, in writing, that the owner or mortgagee has elected to perform the remediation itself. When the owner or mortgagee elects to perform the remediation itself, it shall be required to post bond in favor of the Borough of Woodlynne in order to ensure performance. The amount and conditions of the bond shall be determined by the Mayor.
D. 
The cost of remediation incurred by the Borough of Woodlynne, as so certified by the entity incurring the cost upon completion of the remediation, shall constitute a lien upon the property first in time and right to any other lien, whether the other lien was filed prior to or after the filing of any lien by the Borough, except for Borough taxes, liens and assessments and any lien imposed pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., together with any interest thereon. The certification of cost shall be filed and recorded as a lien by the entity incurring the cost with the Camden County Clerk.
E. 
The clearance, development, redevelopment, or repair of property being maintained as an abandoned property pursuant to this article shall be considered a public purpose and public use, for which the power of eminent domain may be lawfully exercised.
A. 
The Borough of Woodlynne may hold special tax sales with respect to those properties eligible for tax sale, pursuant to N.J.S.A. 54:5-19, which are also on the Abandoned Property List.
B. 
The Mayor, with the advice and consent of the Borough Council, shall establish criteria for eligibility to bid on properties at the sale, which may include, but need not be limited to:
(1) 
Documentation of the bidder's ability to rehabilitate or otherwise reuse the property consistent with Borough's plans and regulations;
(2) 
Commitments by the bidder to rehabilitate or otherwise reuse the property, consistent with Borough's plans and regulations;
(3) 
Commitments by the bidder to take action to foreclose on the tax lien by a date certain; and
(4) 
Such other criteria as the Mayor, with the advice and consent of the Borough Council, may determine are necessary to ensure that the properties to be sold will be rehabilitated or otherwise reused in a manner consistent with the public interest.
C. 
The Mayor, with the advice and consent of the Borough Council, may establish minimum bid requirements for a special tax sale that are less than the full amount of the taxes, interest and penalties due, to help ensure that the properties will be rehabilitated or otherwise utilized in a manner consistent with the public interest.
D. 
The Mayor, with the advice and consent of the Borough Council, may combine properties in said special tax sale into bid packages and require that bidders place a single bid on each package, rejecting any and all bids on individual properties that are submitted.
E. 
The Mayor, with the advice and consent of the Borough Council, may sell said properties subject to a provision that, if the purchaser fails to carry out any commitment that has been set forth as a condition of sale or misrepresents any material qualification that has been established as a condition of eligibility to bid pursuant thereto, then the properties and any interest thereto acquired by the purchaser shall revert to the Borough, and any amount paid by the purchaser at the special tax sale shall be forfeit to the Borough.
F. 
In the event there are two or more qualified bidders for any property or bid package in a special tax sale, the Borough may designate the unsuccessful qualified bidder whose bid was closest to the successful bid as an eligible purchaser. In the event that the selected purchaser of that property or bid package fails to meet any of the conditions of sale established by the Borough pursuant to this section, and their interest in the property or properties reverts to the Borough, the Borough may subsequently designate the entity previously designated as an eligible purchaser as the winning bidder for the property or properties, and assign the tax sale certificates to that entity on the basis of that entity's bid at the special tax sale, subject to the terms and conditions of the special tax sale.
G. 
The Borough of Woodlynne shall provide notice of a special tax sale pursuant to N.J.S.A. 54:5-26. The notice shall include any special terms of sale established by the Borough pursuant to this section. Nothing shall prohibit the Borough from holding a special tax sale on the same day as a standard or accelerated tax sale.
A. 
When a person or entity other than the Borough of Woodlynne acquires a tax sale certificate for a property on the Abandoned Property List at tax sale, the purchaser may institute an action to foreclose the right of redemption at any time after the expiration of just six months following the date of the sale of the tax sale certificate.
B. 
When the Borough of Woodlynne is the purchaser at tax sale of any property on the Abandoned Property List pursuant to N.J.S.A. 54:5-34, an action to foreclose the right of redemption may be instituted in accordance with the provisions of N.J.S.A. 54:5-77(b).
C. 
After the foreclosure action is instituted, the right to redeem shall exist and continue to exist until barred by the judgment of the Superior Court; provided, however, that no redemption shall be permitted except where the owner:
(1) 
Posts cash or a bond equal to the cost of remediating the conditions because of which the property was determined to be abandoned, pursuant to N.J.S.A. 55:19-56, as determined by the court; or
(2) 
Demonstrates to the court that the conditions because of which the property was determined to be abandoned have been remedied in full.
A. 
If an entity other than the Borough of Woodlynne has purchased or taken assignment from the Borough of a tax sale certificate on a property that has not been legally occupied for a period of six months, that property shall not be added to the Abandoned Property List under the following limited circumstances:
(1) 
The owner of the certificate has continued to pay all Borough taxes and liens on the property in the tax year when due; and
(2) 
The owner of the certificate takes action to initiate foreclosure proceedings within six months after the property is eligible for foreclosure, pursuant to either N.J.S.A. 54:5-86(a) or (b), as appropriate, and diligently pursues foreclosure proceedings in a timely fashion thereafter.
B. 
A property used on a seasonal basis shall be deemed abandoned only if it meets any two of the additional criteria set forth in N.J.S.A. 55:19-81.
C. 
A determination that a property is abandoned property under the provisions of this article and N.J.S.A. 55:19-78 et seq. shall not constitute a finding that the use of the property has been abandoned for purposes of municipal zoning or land use regulation.
D. 
Upon the request of a purchaser or assignee of a tax sale certificate seeking to bar the right of redemption on an abandoned property pursuant to of N.J.S.A. 54:5-86(b), the Mayor or the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of an "abandoned property" according to the criteria established in N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82.
A. 
A summary action or other action to transfer possession and control of abandoned property in need of rehabilitation to the Borough of Woodlynne may be brought by the Borough in the Superior Court, Camden County. If the court shall find that the property is abandoned and that the owner or party in interest has failed to submit and initiate a rehabilitation plan, then the court may authorize the Borough to take possession and control of the property and to develop its own rehabilitation plan for the property.
B. 
Where the Borough has been granted possession and control, the Borough may commence and maintain those further proceedings for the conservation, protection or disposal of the property, or any part thereof, that are required to rehabilitate the property, recoup the cost and expenses of rehabilitation, and for the sale of the property; provided, however, that the court shall not direct the sale of the property if the owner applies to the court for reinstatement of control and possession of the property as permitted by N.J.S.A. 55:19-92.
C. 
Failure by the owner, mortgage holder or lienholder to submit a plan for rehabilitation to the Borough, obtain appropriate construction permits or, in the alternative, submit formal applications for funding the cost of rehabilitation to local, state or federal agencies providing such funding within the initial six-month period shall be deemed clear evidence that the owner has failed to take any action to further the rehabilitation of the property.
D. 
An owner may defend against a complaint filed pursuant to N.J.S.A. 55:19-84 by submitting a plan for the rehabilitation and reuse of the property which is the subject of the complaint and by posting a bond equal to 125% of the amount determined by the Mayor or the court to be the projected cost of rehabilitation.
E. 
Any plan submitted by an owner to defend against a complaint shall be submitted within 60 days after the complaint has been filed, unless the court provides the owner with an extension of time for good cause shown. A plan submitted by an owner pursuant to this section shall include, but not be limited to:
(1) 
A detailed financial feasibility analysis, including documentation of the economic feasibility of the proposed reuse, including operating budgets or resale prices, or both, as appropriate;
(2) 
A budget for the rehabilitation of the property, including sources and uses of funds, based on the terms and conditions of realistically available financing, including grants and loans;
(3) 
A timetable for the completion of rehabilitation and reuse of the property, including milestones for performance of major steps leading to and encompassing the rehabilitation and reuse of the property; and
(4) 
Documentation of the qualifications of the individuals and firms that will be engaged to carry out the planning, design, financial packaging, construction, and marketing or rental of the property.
F. 
Where the court approves the rehabilitation plan of the owner or other party in interest, then it may appoint the Mayor to act as monitor of compliance and progress. If the owner fails to carry out any step in the approved plan, then the Borough may apply to the court to have the posted bond forfeited, to transfer possession of the building to the Borough to complete the rehabilitation plan, and to grant authorization to use the bond proceeds for the rehabilitation. The owner or other party in interest shall provide bimonthly reports to the Mayor on its activities and progress toward rehabilitation and reuse of the property.
G. 
If an owner is unsuccessful in defending against a complaint filed pursuant to N.J.S.A. 55:19-84, the mortgage holder or lienholder may seek to be designated in possession of the property by submitting a plan and posting a bond meeting the same conditions as set forth in N.J.S.A. 55:19-87. Their plan must be submitted within 60 days following the court's rejection of the owner's plan, unless the court provides the mortgage holder or lienholder with an extension of time for good cause shown. If the court approves any such mortgage holder or lienholder's plan, it shall designate that party to be in possession of the property for purposes of ensuring its rehabilitation.
H. 
The mortgage holder or lienholder, as the case may be, shall provide bimonthly reports to the court and the Mayor on its activities and progress toward rehabilitation and reuse of the property. If the mortgage holder or lienholder fails to carry out any material step in the approved plan, then the Mayor shall notify the court, which may order the posted bond forfeit, grant the Borough possession of the property, and authorize the Borough to use the proceeds of the bond for rehabilitation of the property.
I. 
Any sums incurred or advanced for the purpose of rehabilitating the property by a mortgage holder or lienholder granted possession of a property, including court costs and reasonable attorney's fees, may be added to the unpaid balance due to that mortgage holder or lienholder, with interest calculated at the same rate set forth in the note or security agreement, or, in the case of a tax lienholder, at the statutory interest rate for subsequent liens.
J. 
If no mortgage holder or lienholder meets the conditions of N.J.S.A. 55:19-88, then the Borough may submit a plan to the court which conforms with the provisions of N.J.S.A. 55:19-87. Such plan shall designate whether the Borough or a qualified rehabilitation entity shall undertake the rehabilitation plan in accordance with the provisions of N.J.S.A. 55:19-90.
A. 
The Mayor, with the advice and consent of the Borough Council, may designate a qualified rehabilitation entity for the purpose of exercising the Borough's rights, where that designation will further the rehabilitation and reuse of the property consistent with Borough's plans and objectives.
B. 
Regardless of whether the Borough exercises its rights directly or the Mayor designates a qualified rehabilitation entity pursuant to this section, while in possession of a property, the Borough shall maintain, safeguard, and maintain insurance on the property. Notwithstanding the Borough's possession of the property, the owner of the property shall not be relieved of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner.
C. 
The court may approve the borrowing of funds by the Borough of Woodlynne to rehabilitate the property and may grant a lien or security interests with priority over all other liens or mortgages other than municipal liens. Prior to granting this lien priority, the court must find as follows:
(1) 
The Borough sought to obtain the necessary financing from the senior lienholder, which declined to provide such financing on reasonable terms;
(2) 
The Borough sought to obtain a voluntary subordination from the senior lienholder, which refused to provide such subordination; and
(3) 
Lien priority is necessary in order to induce another lender to provide financing on reasonable terms. No lien authorized by the court shall take effect unless recorded with the Clerk of Camden County.
D. 
Where the Borough has designated a qualified rehabilitation entity to act on its behalf, the qualified rehabilitation entity shall provide bimonthly reports to the Mayor on its activities and progress toward rehabilitation and reuse of the property. The Borough or qualified rehabilitation entity, as the case may be, shall provide such reports to the court as the court determines to be necessary. If the court finds that the Borough or its designee have failed to take diligent action toward rehabilitation of the property within one year from the grant of possession, then the court may request that the Borough to designate another qualified rehabilitation entity to exercise its rights, or if the Borough fails to do so, may terminate the order of possession and return possession and control of the property to its owner.
E. 
The Borough of Woodlynne shall file a notice of completion with the court, and shall also serve a copy on the owner and any mortgage holder or lienholder, at such time as the Borough has determined that no more than six months remain to the anticipated date on which rehabilitation will be complete. This notice shall include an affidavit of the Mayor, attesting that the rehabilitation is anticipated to be completed within six months, and a statement setting forth the actions as it plans to undertake consistent with the plan.
A. 
An owner may petition for reinstatement of the owner's control and possession of the property at any time after one year from the court's removal of possession, but no later than 30 days after the Borough of Woodlynne has filed a notice of completion with the court or, in the event the notice of completion is filed within less than one year of the grant of possession, within 30 days after the Borough has filed said notice.
B. 
The court may allow additional time for good cause if that additional time does not materially delay completion of the rehabilitation, place undue hardship on the Borough or affect any of the terms or conditions under which the Borough has applied for or received financing for the rehabilitation of the property.
C. 
If the owner fails to petition for the reinstatement of control and possession of the property within 30 days after the Borough has filed a notice of completion or, in any event, within two years after the initial grant of possession, or if the owner fails to meet any conditions that may be set by the court in granting a reinstatement petition, the court may grant the Borough title or authorize the Borough to sell the property, subject to the provisions of N.J.S.A. 55:19-96.
A. 
The Mayor, with the approval of the court, may place a lien on the property to cover any costs of the Borough in connection with any proceeding under N.J.S.A. 55:19-78 et seq., incurred prior to the grant by the court of an order of possession, which may include costs incurred to stabilize or secure the property to ensure that it can be rehabilitated in a cost-effective manner. Any such lien shall be considered a Borough lien for the purposes of N.J.S.A. 54:5-9, with the rights and status of a Borough lien pursuant thereto.
B. 
Where the Borough seeks to gain title to the property, it shall purchase the property for fair market value on such terms as the court shall approve, and may place the proceeds of sale in escrow with the court.
C. 
The court may authorize the Borough of Woodlynne to sell the building free and clear of liens, claims and encumbrances, in which event all such liens, claims and encumbrances shall be transferred to the proceeds of sale with the same priority as existed prior to resale in accordance with the provisions of this section, except that municipal liens shall be paid at settlement. The proceeds of the purchase of the property shall be distributed as set forth in N.J.S.A. 55:19-97.
D. 
Upon approval by the court, the Borough shall sell the property on such terms and at such price as the court shall approve, and may place the proceeds of sale in escrow with the court. The court shall order a distribution of the proceeds of sale after paying court costs in the order of priority set forth in N.J.S.A. 55:19-97.
E. 
With the exception of the holding of special tax sales pursuant to N.J.S.A. 55:19-101, the remedies available under N.J.S.A. 55:19-78 et seq. shall be available to the Borough with respect to any abandoned property, whether or not the Borough has established an Abandoned Property List and whether or not the property at issue has been included on any such list.
[Adopted 10-13-2016 by Ord. No. 2016-8]
It is the purpose and intent of the Mayor and members of Borough Council to establish a process to address the deterioration, crime and decline in value of the Borough of Woodlynne neighborhoods caused by property with defaulted mortgages located within the Borough and to identify, regulate, limit and reduce the number of these properties located within the Borough. It is the further intent of the Mayor and members of the Borough Council to establish a registration requirement as a mechanism to protect neighborhoods from the negative impact and conditions that occur as a result of vacancy, absentee ownership, lack of adequate maintenance and security and will provide a method to expeditiously identify multiple parties and their contact person(s) for each property responsible for this protection.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ACCESSIBLE PROPERTY OR STRUCTURE
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.
ANNUAL REGISTRATION
Twelve months from the date of the first action that required registration, as determined by the Borough, or its designee, and every subsequent 12 months. The date of the initial registration may be different than the date of the first action that required registration.
APPLICABLE CODES
To include, but not be limited to, the Borough's Zoning Code, the Borough's Property Rehabilitation and Maintenance Code, Neighborhood Improvement Ordinance, Solid Waste Ordinance, Residential and Commercial Recycling Ordinance, and the State and County Building and Fire Codes.
BLIGHTED PROPERTY
A. 
Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or
B. 
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or
C. 
Properties cited for a public nuisance pursuant to the Borough Codes; or
D. 
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.
DEFAULT
That 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.
ENFORCEMENT OFFICER
Any law enforcement officer, Building Official, Zoning Inspector, Code Enforcement Officer, Fire Inspector or Building Inspector, or other person authorized by the Borough to enforce the applicable code(s).
EVIDENCE OF VACANCY
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, or statements by neighbors, passersby, delivery agents or government agents; or the presence of boards over doors, windows or other openings in violation of applicable code.
FORECLOSURE
The legal process by which a mortgagee, or other lienholder, 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, a deed in lieu of foreclosure, sale to the mortgagee or lienholder, 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, lienholder, or their designee, by certificate of title, or any other means, is sold to a nonrelated bona fide purchaser in an arm's-length transaction to satisfy the debt or lien.
LOCAL PROPERTY MANAGEMENT COMPANY
A property manager, property management company or similar entity responsible for the maintenance and security of registrable real property within 20 driving miles of the Borough limits. Upon review of credentials the Borough, or its designee, may allow a nonlocal property manager to be listed.
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage service 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.
OWNER
Any person, firm, corporation 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 article.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity responsible for the maintenance of registrable real property.
REAL PROPERTY
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 Borough limits. Developed lots are considered improved land.
REGISTRABLE PROPERTY
A. 
Any real property located in the Borough, whether vacant or occupied, that is encumbered by a mortgage in default, is subject to an ongoing foreclosure action by the mortgagee or trustee, is subject to an application for a tax deed or pending Tax Assessor's lien sale, 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.
B. 
The designation of a default/foreclosure property as "registrable" shall remain in place until such time as the property is sold to a nonrelated 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.
RENTAL PROPERTY
Property that contains a single-family rental dwelling unit or multifamily rental dwelling units for use by residential tenants including but not limited to the following: mobile homes, mobile home spaces, town homes and condominium unit(s). A rental dwelling unit includes property that is provided to an individual or entity for residential purposes upon payment of rent or any other consideration in lieu of rent, regardless of relationship between lesser and lessee.
VACANT
Any parcel of land in the Borough 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.
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 Borough above and beyond any other state, county, or Borough provisions for same.
Pursuant to the provisions of § 476-14, the Borough, or its designee, shall establish a registry cataloging each registrable property within the municipality, containing the information required by this article.
A. 
Any mortgagee who holds a mortgage on real property located within the Borough 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 Code Enforcement Department, 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.
B. 
Registration pursuant to this section shall contain the name, direct mailing address, a direct contact name, telephone number, and email address for the mortgagee/trustee and the servicer, and the name and twenty-four-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. 
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 Code Enforcement Department, 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.
D. 
If the mortgage on a registrable property is sold or transferred, the new mortgagee is subject to all the terms of this article and within five days of the transfer shall register the property and pay a registration fee in accordance with this article. Any previous unpaid semiannual registration fees are the responsibility of the new mortgagee or trustee and are due and payable with their initial registration.
E. 
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 and pay a registration fee in accordance with this article. Any previous unpaid semiannual registration fees are the responsibility of the new registrable property owner and are due and payable with their initial registration.
F. 
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.
G. 
A nonrefundable semiannual registration fee established by resolution by the Board shall accompany each registration pursuant to this section.
H. 
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 Borough and/or its authorized designee.
I. 
Properties subject to this section shall remain under the semiannual registration requirement and the inspection, security and maintenance standards of this section as long as they are registrable.
J. 
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.
K. 
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.
L. 
Failure of the mortgagee to properly register or to modify the registration form 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.
M. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this article, the Borough 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.
A. 
Properties subject to this chapter shall be kept free of weeds, overgrown brush, 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.
B. 
The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.
C. 
Front, side, and rear yards, including landscaping, shall be maintained in accordance with the applicable code(s) at the time registration was required.
D. 
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 designed specifically for residential installation. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.
E. 
Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.
F. 
Pools and spas 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).
G. 
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with the applicable code of the Borough. Pursuant to a finding and determination by the Borough's Code Enforcement Board, Special Magistrate or Hearing Officer, or a court of competent jurisdiction, the Borough may take the necessary action to ensure compliance with this section.
H. 
In addition to the above, the property is required to be maintained in accordance with the applicable code(s) of the Borough.
A. 
Properties subject to this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. 
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.
C. 
If a property is registrable, and the property has become vacant or blighted, a local property manager shall be designated by the mortgagee or owner to perform the work necessary to bring the property into compliance with the applicable code(s), and the property manager must perform regular inspections to verify compliance with the requirements of this article, and any other applicable laws.
All registrable property is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the Borough.
Adherence to this article does not relieve any person, legal entity or agent from any other obligations set forth in any applicable code(s), which may apply to the property.
A. 
If the enforcement officer has reason to believe that a property subject to the provisions of this article is posing a serious threat to the public health, safety and welfare, the Code Enforcement Officer may temporarily secure the property at the expense of the mortgagee or owner, and may bring the violations before the applicable hearing officer as soon as possible to address the conditions of the property.
B. 
The Code Enforcement Board, Special Magistrate or Hearing Officer shall have the authority to require the mortgagee or owner affected by this section to implement additional maintenance and/or security measures including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures as may be reasonably required to help prevent further decline of the property.
C. 
If there is a finding that the condition of the property is posing a serious threat to the public health, safety and welfare, then the code enforcement board or special magistrate may direct the Borough to abate the violations and charge the mortgagee or owner with the cost of the abatement.
D. 
If the mortgagee or owner does not reimburse the Borough for the cost of temporarily securing the property, or of any abatement directed by the Code Enforcement Officer or magistrate, within 30 days of the Borough sending the mortgagee or owner the invoice then the Borough may lien the property with such cost, along with an administrative fee as determined in the Borough's Fee Ordinance[1] to recover the administrative personnel services. In addition to filing a lien the Borough can pursue financial penalties against the mortgagee or owner.
[1]
Editor's Note: See Ch. 295, Fees.
Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the enforcement office in the discharge of duties as provided in this article shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Borough 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 by this article.
A. 
Enforcement. The requirements of this article may be enforced as follows:
(1) 
By citation for civil penalties pursuant New Jersey State Statute, Chapter _____, _____, Section _____ and _____, or to appear in county court pursuant to the authority granted by New Jersey State Statute, Chapter _____, Part _____, Section _____ or a civil action may be filed pursuant to New Jersey State Statute, _____, Part _____, Section _____.
(2) 
By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction;
(3) 
By condemnation and demolition pursuant to Chapter _____ of this Code, or by the nuisance abatement process;
(4) 
By revocation or temporary suspension of necessary permits and/or certificates or occupancy and/or licenses;
(5) 
By any other process permitted at law or equity; and
(6) 
Use of one enforcement process or theory does not preclude the Borough from seeking the same, different, or additional relief through other enforcement methods.
B. 
Separate offenses. A violation of this article shall constitute a separate offense for each day it shall continue or recur. Each condition which exists in violation of this article is a separate violation.
C. 
Each day a property remains unregistered when required to be registered by this article is a separate offense for each day it shall continue or recur.
D. 
Each day a property is not inspected as required by this article is a separate offense.
E. 
Each day a property is not secured as required by this article is a separate offense.
F. 
Each day a condition violating the Borough's minimum housing codes or property maintenance codes exists on a property subject to registration under this article is a separate offense.
G. 
Persons responsible for violations. The owner, mortgagee, trustee or servicer as those terms are defined in this article, and their duly authorized officers, employees or agents employed in connection therewith who have assisted in the commission of the violation or failed to perform as required by the article, shall be guilty of the violation.