[History: Adopted by Ord. No. 4-2017, amended in entirety by Ord. No. 14-2018; 11-21-2022 by Ord. No. 16-2022]
[Ord. No. 14-2018; amended 11-21-2022 by Ord. No.
16-2022]
The following terms, wherever used herein or referred to in
this Article, shall have the respected meanings assigned to them,
unless a different meaning clearly appears from the context; as used
in this Article:
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 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.
Those portions of a structure which are exposed to public
view or are visible from adjoining or adjacent lots, including all
outside surfaces and appurtenances thereto, and the open land space
of any premises outside of any building or structure erected thereon,
including vacant lots.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the City.
Any physical condition existing in or on the exterior or any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of the premises where the condition exists.
Any person, persons or entity, not the owner, but including
any agent of the owner, who has charge, possession, custody, or control
of a dwelling or premises or a part thereof.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, including
any fiduciary, trustee, receiver, guardian or mortgagee in possession.
Any lessee, sub lessee or assignee of a lessee of any part of any
premises shall be deemed an "owner" with respect to that portion of
the premises, sublet, leased or assigned.
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the building or structures thereon.
The individual designed by the Mayor, in accordance with
N.J.S.A. 55:19-80.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or non-combustible, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockery, wood, plastic, rubber, leather,
furniture, household goods, appliances, bedding, scrap lumber, scrap
metal, construction material, inoperable machinery or parts thereof,
garden or farming implements and supplies, dead or rotting vegetation,
tires, and abandoned, inoperative or unusable automobiles and vehicles
and solid commercial or industrial waste. Anything herein to the contrary
notwithstanding, a compost pile of discarded foodstuffs shall not
be deemed to be "refuse" or "rubbish."
A motor vehicle without a valid and current State inspection
sticker.
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:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
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;
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;
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;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
[Ord. No. 14-2018; amended 11-21-2022 by Ord. No.
16-2022]
The Public Officer is directed to identify abandoned property
for the purposes of creating an "abandoned property list" throughout
the City. Each item of abandoned property so identified shall include
the tax block and lot number, the name and address of the owner of
record, if known, the street address of the lot and the basis for
a determination that the property is abandoned.
[Ord. Nos. 4-2017 and 14-2018;
amended 11-21-2022 by Ord. No. 16-2022]
A.
Sixty days after the effective date[1] of this Article or 30 days after a building or lot becomes
abandoned as defined within this Article, the owner shall file a registration
statement for each such abandoned property with the Public Officer,
on forms provided by the Public Officer for such purpose. The registration
shall remain valid for one year. The owner shall be required to renew
the registration annually as long as the building or lot continues
to be abandoned as defined herein and shall pay a registration or
renewal fee in the amount prescribed within this subsection.
[1]
Editor's Note: This Article was adopted April 11, 2017
by Ord. No. 4-2017.
B.
The owner shall notify the Public Officer within 30 days of any change
in the registration information by filing an amended registration
statement on a form provided by the Public Officer for such purpose.
C.
The registration statement shall be deemed prima facie proof that
the statements therein contained in any administrative enforcement
proceedings or court proceedings instituted by the City of South Amboy
against the owner or owners of the property.
[Ord. No. 14-2018; amended 11-21-2022 by Ord. No.
16-2022]
A.
The owner of abandoned property shall provide the following information
to the Public Officer on the registration form or forms prescribed
by the Public Officer:
(1)
Name, address, email address and contact telephone number of the
owner; the owner's address must include a street address; a post
office box is not acceptable;
(2)
Name, address, email address and contact telephone number of any
local agent(s) or representative for the building or lot;
(3)
Name, address, email address and contact telephone number of the
person assigned to the property for the security and maintenance of
the building or lot;
(4)
Common address and Tax Assessor's block and lot designation
of the building and lot;
(5)
The date on which the building became abandoned.
(6)
Proof of utility (gas, electric, water) connections or disconnections;
and
(7)
Any other information reasonably required by the City to ensure the
safety of all persons and to prevent neglect.
B.
Any government entity that owns abandoned property will be exempt
from the provisions of this Article. For purposes of this Article,
the holder of a Federal Housing Administration ("FHA") mortgage, United
States Housing and Urban Development ("HUD") mortgage or any other
federally insured mortgage shall not be considered a government entity
and shall not be exempt from the provisions of this Article. The owner
of any property that is acquired by the owner through the foreclosure
of an FHA mortgage, HUD mortgage or any other federally insured mortgage
shall also not be exempt from the provisions of this Article.
C.
By designating an authorized agent under the provisions of this Article,
the owner consents to receive any and all notices of code violations
concerning the registered abandoned property and all process in any
court proceeding or administrative enforcement proceeding brought
to enforce code provisions concern the registered abandoned property
by service of the notice of process on the authorized agent. Any owner
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 notifies
the City of a change of an authorized agent or until the owner files
a new annual registration.
D.
The owner is required to update the form within 30 days of a change
of any information contained within the form.
[Ord. No. 14-2018; amended 11-21-2022 by Ord. No.
16-2022]
The Public Officer may identify abandoned properties through
his/her routine inspection process as well as through notification
by residents, or other community groups that a property may be eligible
for inclusion on the registry. Notice will be served upon, or sent
by mail, to the owner and will be deemed received by the owner, upon
personal delivery; or five days after service by first class mail.
[Ord. No. 14-2018; amended 11-21-2022 by Ord. No.
16-2022]
A.
Every creditor filing an action to foreclose on a mortgage of any
residential property within the City shall, within 10 days thereof,
notify the Public Officer for the City in writing by mail of said
filing (See N.J.S.A. 46:10B-51). The notice shall identify 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. The notice shall also
include the street address, lot and block number of the property,
the full name and contact information of an individual located within
the State who is authorized to accept service on behalf of the creditor,
and shall identify whether the property is vacant and abandoned in
accordance with the definition contained in this ordinance. 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.
B.
The notice shall also contain the name and contact information of the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations. If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to receive complaint of property maintenance and code violations on behalf of a creditor required to register pursuant to the property registration program, the creditor shall update the property registration program within 10 days of the change in that information. In the event the creditor that has served a summons and complaint in an action to foreclose on a residential property is located out of state, the notice shall also contain the full name and contact information of an in-state representative or agent who shall be responsible for the care, maintenance, security and upkeep of the exterior of the property if it becomes vacant and abandoned. An out-of-state creditor subject to this ordinance found by the City of South Amboy's 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 shall be subject to a fine of $2,500 for each day of the violation. Any fines so imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the first day after the expiration of the ten-day period set forth in § 115-72A.
C.
A creditor filing a summons and complaint in an action to foreclose on a vacant and abandoned property, or a creditor who has previously filed a summons and complaint to foreclose on a residential property which subsequently becomes vacant and abandoned, shall within 30 calendar days after assuming ownership of the vacant and abandoned property, whichever is earlier; or within 10 calendar days of receipt of notice from the City, and annually thereafter, file a registration statement for such vacant and abandoned property with the Public Officer consistent with Section 115-69, for such purposes. Any failure to receive notice from the City shall not constitute grounds for failing to register the vacant and abandoned property.
D.
Each vacant and abandoned property having a separate block and lot
number as designated in the official tax maps of the City shall be
registered separately.
E.
The registration statement shall include the name, street address,
telephone number and email address (if applicable) of a person 18
years or older, designated by the creditor 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 creditor in connection with the enforcement of any
applicable code. 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.
F.
The registration statement shall include the name, street address,
telephone number and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the abandoned and vacant property. The individual
or representative of the firm responsible for maintaining the abandoned
and vacant property shall be available by telephone or in person on
a twenty-four-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.
G.
The registration shall remain valid for one year from the date of
registration except for the initial registration which shall be valid
through December 31st of the year in which it was filed. The creditor
shall be required to renew the registration annually as long as the
building remains vacant and abandoned and shall pay a registration
or renewal fee in the amount prescribed in Section 8 for each vacant
and abandoned property registered.
H.
The annual renewal shall be completed by January 1st each year. The
initial registration fee shall be pro-rated for registration statements
received less than 10 months prior to that date.
I.
The creditor shall notify the Public Officer within 30 calendar days
of any change in the registration information by filing an amended
registration statement on a form provided by the City Clerk for such
purpose.
[Ord. No. 14-2018; amended 11-21-2022 by Ord. No.
16-2022]
After filing a registration statement or a renewal of a registration
statement and upon reasonable notice, the owner and/or creditor of
any abandoned property shall provide access to the City to conduct
an exterior and interior inspection of the building to determine compliance
with the Municipal Code, during the period covered by the initial
registration or any subsequent renewal.
[Ord. No. 14-2018; amended 11-21-2022 by Ord. No.
16-2022]
A.
The owner and/or creditor of any abandoned property shall immediately
upon possession or the filing of a summons and complaint in an action
to foreclose on a residential property within the City be immediately
responsible for the care, maintenance, security and upkeep of the
exterior of the property, after the property becomes vacant and abandoned
and shall:
(1)
Enclose and secure the building against unauthorized entry in accordance
with the applicable provisions of the Code of the City of South Amboy
and as per the specifications established by the Department of Housing
and Urban Development ("HUD") for securing abandoned and/or vacant
properties.
(2)
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent
for the purpose of service of process (if designated pursuant to this
section) and the person responsible for the day to day supervision
and management of the property, if such person is different from the
owner or authorized agent. The sign shall be of a size and placed
in such a location so as to be visible from the nearest public street
or sidewalk, whichever is nearer, but shall be no smaller than eight
inches by 10 inches and shall state: WARNING: THIS BUILDING IS SECURED
PURSUANT TO CHAPTER 115 OF THE CITY OF SOUTH AMBOY REVISED GENERAL
ORDINANCES. ANYONE ENTERING THIS BUILDING WITHOUT AUTHORIZATION WILL
BE SUBJECT TO ARREST.
(3)
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the property is complete.
(4)
Ensure that all bushes and trees are trimmed and that they do not
interfere with the neighboring property.
(5)
Ensure that grass does not exceed eight inches in height and that
all grass clippings are removed from the lot when the grass is cut.
(6)
Lots must be clear of all garbage, litter and debris. Abandoned properties
must be clear of all vehicles: cars, boats, campers, etc.
(7)
All sidewalks bordering abandoned properties must be maintained and
cleared of snow, ice, tripping hazards, obstructions, garbage, litter
and debris.
(8)
The owner and/or creditor shall perform regular weekly inspections
of the abandoned property to ensure compliance with the requirements
of this section.
B.
Failure to maintain. If the owner and/or creditor of the abandoned
properties fails to comply with the provisions of this Article, the
City shall take the necessary steps to bring the property into compliance
with this section. All costs incurred by the City in connection with
its efforts to bring the property into compliance shall be forwarded
to the Tax Collector for inclusion as a municipal lien on the property.
[Ord. No. 14-2018; amended 11-21-2022 by Ord. No.
16-2022]
A.
The annual registration fee for each abandoned property, including
any property required to be registered because a summons and complaint
in an action to foreclose was filed by a creditor, shall be $250.
There shall be an additional fee of $500 per property annually if
the property is vacant or abandoned as defined in this Article when
the summons and complaint in an action to foreclose is filed, or becomes
vacant and abandoned pursuant to the definition of this Article at
any time thereafter while the property is in foreclosure. The registration
shall remain valid for one year from the date of registration except
for the initial registration which shall be valid through December
31st of the year in which it was filed. The owner and/or creditor
shall be required to renew the registration annually as long as the
building remains vacant and abandoned, and shall pay a registration
or renewal fee in the amount prescribed in this Article for each vacant
and abandoned property registered. The annual renewal shall be completed
by January 1st of each year. The initial registration fee shall be
prorated for registration statements received less than 10 months
prior to that date.
B.
(1)
Except as provided in paragraph (2) below, any owner who is not in
full compliance with this Article or who otherwise violates any provision
of this Article or of the rules and regulations issued hereunder shall
be subject to a fine of not less than $250 and not more than $1,000.
Every day that a violation continues shall constitute a separate and
distinct offense. Fines assessed under this section shall be recoverable
from the owner and shall be a lien on the property.
(2)
A creditor subject this Article found by the South Amboy municipal
court, or by any other court of competent jurisdiction, to be in violation,
excluding only a violation addressed by paragraph (1) of this subsection,
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.
C.
For purposes of this Article, failure to file a registration statement
in time, failure to provide correct information on the registration
statement, and/or failure to comply with any other provision of this
section shall be deemed to be a violation hereunder.
D.
The Public Officer shall be authorized to issue a notice to an owner
and/or creditor that has filed a summons and complaint in an action
to foreclose on a residential property within the City, if the Public
Officer determines that an owner and/or creditor has failed to provide
for the care, maintenance, security and/or upkeep of a vacant property.
F.
The notice referenced in paragraph D above shall require the owner
and/or creditor to correction the violation within 30 days of receipt
of the notice, or within 10 days of receipt of the notice of the violation
present an imminent threat to public health and safety.
G.
The issuance of notice pursuant to paragraph D above shall constitute
proof that a residential property is vacant and abandoned for the
purposes of this Article.
[Ord. No. 14-2018; amended 11-21-2022 by Ord. No.
16-2022]
It is the intent of the City Council to incorporate the additions, amendments and/or supplements contained in this Article into the Code. All of the remaining provisions of Chapter 115 of the Code shall remain unchanged and have full force and legal effect. All other resolutions and ordinances governing property maintenance enacted and inconsistent herewith are hereby modified pursuant to the terms of this Article.
