As used in this article, the following terms shall have the
meanings indicated:
CREDITOR
A state-chartered bank, savings bank, savings and loan association
or credit union, any person or entity required to be licensed under
the provisions of the New Jersey Residential Mortgage Act, P.L. 2009,
c. 53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, § 17,
as amended from time to time) and any entity acting on behalf of the
creditor named in the debt obligation including, but not limited to,
servicers.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
Consistent with § 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73), residential real estate, where a notice of violation has been issued pursuant to §
102-37A and Subsection b of § 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s). Residential property shall further be deemed vacant and abandoned where a mortgaged property is not occupied by a mortgagor or tenant and at least two 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, curtains or
shutters;
G.
The absence of furnishings and personal items;
H.
Statements of neighbors, association management, delivery persons,
or government employees indicating that the residence 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, exists 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 any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
O.
Any other reasonable indicia of abandonment.
The initial registration fee for each vacant and abandoned property
under the provisions of this article shall be $500. The fee for the
first annual renewal shall be $1,500 and the fee for the second annual
renewal shall be $3,000. The fee for any subsequent annual renewal
beyond the second renewal shall be $5,000.
The duty of administering and enforcing the provisions of this
article is conferred upon the municipal clerk, construction official,
zoning officer, housing officer, health officer, Borough police, and
any other duly appointed representatives.