[HISTORY: Adopted by the Township Committee of the Township
of Dennis 10-4-2016 by Ord. No.
2016-06; amended in its entirety 12-13-2022 by Ord. No.
2022-09. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any property that is determined to be abandoned pursuant
to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), as follows:
Property must not have been legally occupied for six months
and must meet any one of the following criteria:
Property is in need of rehabilitation, in the reasonable judgment
of the public officer, and no rehabilitation has taken place during
that six-month period.
Construction was initiated and 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 determination
that the building is abandoned.
At least one installment of property tax remains unpaid and
delinquent as of the date of determination.
The property has been determined to be a nuisance by the public
officer as defined in this section.
Exceptions to abandoned property.
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 2/3 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
public officer.
The list of abandoned properties established and maintained
by the Township's public officer pursuant to the abandoned property
section of this chapter, which shall only include properties that
fit the criteria for "abandoned property" as defined in this section.
A property that is accessible through a compromised/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.
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. 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.
Consecutive calendar days.
The process by which property, placed as security for a real
estate or other loans, is prepared for sale to satisfy the debt if
the borrower is in default under the terms of the loan.
Any of the following actions taken by a lienholder or mortgage
holder or mortgagee:
The creditor, including but not limited to service companies,
lenders in a mortgage agreement and any agent, servant or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under a mortgage
agreement. Collectively herein referred to as "creditor."
A municipality, a county, or a county improvement authority
or other subdivision of a municipality or county.
Every person, entity, service company, property manager or
real estate agency, who, alone or severally with others:
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise; or
Has care, charge or control of any dwelling, dwelling unit or
parcel of land, vacant or otherwise, in any capacity, including but
not limited to agency, executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the holder of legal title; or
Is a mortgagee in possession of any such property;
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
Is an officer or trustee of the association of unit owners of
the condominium; each such person is bound to comply as if he were
the owner; or
Every person who operates a rooming house; or
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
Any real estate, residential property, or portion thereof,
located in the Township of Dennis, including buildings or structures
situated on the property. For the purpose of this section only, "property"
does not include property owned or subject to the control of the Township
or any of its governmental bodies or agencies.
The Township Clerk or designee(s) of the Township of Dennis
as designated by the Township Clerk.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Any title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of property pursuant to § 17
of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
Taking measures that assist in making the property inaccessible
to unauthorized persons.
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
Any residential or commercial property building which is not
legally occupied by a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied, and at least two of the following
conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas or electric 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 the 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.
For purposes of this section, a residential property shall not
be considered vacant and abandoned if, on the property:
There is an unoccupied building which is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations and statutes;
There is a building occupied on a seasonal basis, but otherwise
secure; or
There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation;
provided, however, that any property that contains all building systems
in working order and is being actively marketed by its owner for sale
or rental should not be deemed vacant. Property determined to be "abandoned
property" in accordance with the meaning of such term in the Abandoned
Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also
be deemed to be vacant property for the purpose of this chapter. Second
homes, which are occasionally vacant but are periodically occupied
by the owner, shall be excluded from this definition; however, nothing
herein shall exclude such properties from mandatory compliance with
all applicable property maintenance codes.
A.
Effective January 1, 2015, the owner of any vacant property as defined
herein shall, within 120 days after the building becomes vacant property
or within 60 days after assuming ownership of the vacant property,
whichever is later, file a registration statement for each such vacant
property with the public officer, on forms provided by the Township
of Dennis for such purposes. The registration shall remain valid for
one year from the date of registration. The owner shall be required
to renew the registration annually as long as the building remains
vacant property and shall pay a registration or renewal fee in the
amount prescribed herein for each vacant property registered.
B.
Any owner, of any building that meets the definition of vacant property
prior to January 1, 2017, shall file a registration statement for
that property on or before January 31, 2017. The registration statement
shall include the information required herein, as well as any additional
information that the public officer may reasonably require.
C.
The owner shall notify the public officer within 90 days of any change
in the registration information by filing an amended registration
statement on a form provided by the public officer for such purposes.
D.
The registration statement shall be deemed prima facie proof of the
statements therein contained, and any administrative enforcement proceeding
or court proceeding instituted by the Township against the owner or
creditor of the building.
A.
Municipal ordinance, authority; foreclosed, abandoned properties;
filing summonses, complaints.
(1)
Registration program.
(a)
Pursuant to N.J.S.A. 40:48-2.12s3 the Township of Dennis will
establish a property registration program for the purposes of identifying
and monitoring residential and commercial properties within the municipality
for which a summons and complaint in an action to foreclose on a mortgage
has been filed.
(b)
The Code Enforcement Officer or designee for the Township of
Dennis shall create and oversee a registration program cataloging
each vacant and abandoned property within the municipality.
(c)
Any mortgagee who holds a mortgage on real property located
within the Township of Dennis shall perform an inspection of the property
to determine vacancy or occupancy, upon a filing of a summons and
complaint. The mortgagee shall, within 10 days of the inspection,
register the property with the Code Enforcement Officer or designee
using forms established by that department and indicate whether the
property is vacant or occupied. A separate registration will be required
for each property, whether it is found to be vacant or occupied.
[1]
If the property is occupied, the mortgagee shall inspect the
property monthly until:
(d)
A registration shall contain the name of the mortgagee and the
server, the direct mailing address of the mortgagee and the server,
a direct contact name and telephone number for both parties, a facsimile
number and email address for both parties, the property tax block
and lot and a twenty-four-hour contact telephone number of the property
management company responsible for security and maintenance of the
property.
(e)
A nonrefundable annual registration fee of $500 shall be collected
per property and shall accompany the registration form. An additional
$2,000 per property annually if the property is vacant or abandoned,
as defined herein, when the summons and complaint in an action to
foreclose is filed, or becomes vacant and abandoned pursuant to the
definition in the chapter at any time thereafter while the property
is in foreclosure.
(f)
All registration fees must be paid directly by the mortgagee,
servicer, trustee or owner. No third-party registration fees will
be accepted without the prior consent of the Township of Dennis.
(g)
This section shall also apply to properties that have 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 in a deed in lieu of foreclosure/sale.
(h)
Properties under this section shall remain under the annual
registration requirement and the inspection, security and maintenance
standards of this section as long as they remain vacant and the complaint
of foreclosure filed.
(i)
Any change to information pertaining to a vacant/abandoned property
registration must be reported within 10 days of the change.
(j)
Failure by a mortgagee and/or owner to properly register or
to modify a registration form from time to time to reflect a change
will be in violation of this section and shall be subject to enforcement.
(k)
The Township of Dennis may take the necessary action to ensure
compliance with this section and place a lien on the property for
the cost of work performed to benefit the property and bring it into
compliance.
(l)
A creditor located out-of-state shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
B.
Notice of summons, complaint to municipal clerk, mayor, other municipal
chief executive officer; requirements and duties.
(1)
Notification.
(a)
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on commercial property in the state shall, within 10
days of serving the summons and complaint, notify the municipal clerk
and the mayor or other chief executive officer of the municipality
in which the property is located that a summons and complaint in an
action to foreclose on a mortgage has been filed against the subject
property. The notice shall contain the full name, address, and telephone
number for the representative of the creditor who is responsible for
receiving complaints of property maintenance and code violations and
the full name and contact information for any person or entity retained
by the creditor or a representative of the creditor to be responsible
for any care, maintenance, security, or upkeep of the property. The
notice may contain information about more than one property, and shall
be provided by mail or electronic communication, at the discretion
of the municipal clerk. In the event the creditor that has served
a summons and complaint in an action to foreclose on a commercial
property that is located out-of-state, the notice shall also contain
the full name, address, and telephone number 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. If the municipality has designated or appointed a public
officer pursuant to P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.),
the municipal clerk shall forward a copy of the notice to the public
officer or shall otherwise provide it to any other local official
responsible for administration of any property maintenance or public
nuisance code. The notice shall also include the street address, lot,
and block number of the property.
(b)
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 be provided in a notice pursuant
to this paragraph following the filing of the summons and complaint,
the creditor shall provide a notice to the applicable municipal clerk
containing the updated name, address, or telephone number within 10
days of the change in that information.
(2)
Requirements and duties.
(a)
Within 30 days following the effective date of P.L. 2021, c.
444 (N.J.S.A. 40:48-2.12s1 et al.), any creditor that has initiated
a foreclosure proceeding on any commercial property that is pending
in Superior Court shall provide to the municipal clerk of the municipality
in which the property is located a listing of all commercial properties
in the municipality for which the creditor has foreclosure actions
pending by street address and lot and block number. If the municipality
has designated or appointed a public officer pursuant to P.L. 1942,
c. 112 (N.J.S.A. 40:48-2.3 et seq.), the municipal clerk shall forward
a copy of the notice to the public officer, or shall otherwise provide
it to any other local official responsible for administration of any
property maintenance or public nuisance code.
(b)
If the owner of a commercial property vacates or abandons any
property on which a foreclosure proceeding has been initiated or if
a commercial property becomes vacant at any point subsequent to the
creditor's filing the summons and complaint in an action to foreclose
on a mortgage against the subject property, but prior to vesting of
title in the creditor or any other third party, and the exterior of
the property is found to be a nuisance or in violation of any applicable
state or local code, the local public officer, municipal clerk, or
other authorized municipal official shall notify the creditor or the
representative or agent of an out-of-state creditor, as applicable,
which shall have the responsibility to abate the nuisance or correct
the violation in the same manner and to the same extent as the title
owner of the property, to such standard or specification as may be
required by state law or municipal ordinance. The municipality shall
include a description of the conditions that gave rise to the violation
with the notice of violation and shall provide a period of not less
than 30 days from the creditor's receipt of the notice for the
creditor to remedy the violation. If the creditor fails to remedy
the violation within that time period, the municipality may impose
penalties allowed for the violation of municipal ordinances.
(c)
If the municipality expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to the provisions of Subsection B(2)(b) of this section but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including, but not limited to, the recourse provided under § 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
After a filing a registration statement or a renewal of a registration
statement, the owner or creditor of any vacant property shall provide
access to the Township to conduct an exterior and interior inspection
of the building to determine compliance with municipal code, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal.
A.
The registration statement shall include the name, street address
and telephone number of a natural person 21 years of age or older,
designated by the owner 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 parties
in connection with the enforcement of any applicable code. The person
must maintain an office in the State of New Jersey, or reside within
the State of New Jersey. The statement shall also include the name
of the person responsible for maintaining and securing the property.
B.
By designating an authorized agent under the provisions of this section,
the owner or creditor consents to receive any and all notices of code
violations concerning the registered vacant property, and all process
in any court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered building by service
of the notice or process on the authorized agent. Any owner or creditor
who has designated an authorized agent under the provisions of this
section shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the public officer
is notified of a change of authorized agent. The designation of an
authorized agent in no way releases any party from any requirements
of this chapter.
A.
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 as defined above (§ 146-1, Definitions) and by N.J.S.A. 40:48-2.12s3.
B.
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 summons where the fine shall not exceed $1,000 in accordance with
the Code of the Township of Dennis. Pursuant to a finding and determination
by the Code Enforcement Officer of Dennis Township or a court of competent
jurisdiction, the Township of Dennis may take the necessary action
to ensure compliance with this section.
C.
In addition to the above, the property is required to be maintained
in accordance with applicable codes.
A.
Requirements; exception.
(1)
The owner or creditor of any building that has become vacant property
and any person maintaining, operating, or collecting rent for any
such building that has become vacant shall, within 90 days:
(a)
Enclose and secure the building against unauthorized entry as
provided in the applicable provisions of the Code of Dennis Township,
or as set forth in rules and regulations adopted by the appropriate
authority, including a redevelopment entity, to supplement this Code;
(b)
Post a sign affixed to the building indicating the name, address
and telephone number of the owner or creditor, the authorized agent
for the purposes of service of process and the person responsible
for day-to-day supervision and management of the building. The sign
shall be of a size and placed in a location so as to be legible from
the nearest public street or sidewalk (i.e., public right-of-way),
whichever is nearer, but shall be no smaller than 18 inches by 24
inches; and
(c)
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 building is complete.
B.
In the event the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a residential property becomes vacant at any point subsequent to the creditors filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the property is found to be a nuisance or in violation of any applicable state or local code, the public officer, Municipal Clerk or other authorized municipal official shall notify the creditor, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or municipal code. The public officer or other authorized municipal official shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time, the municipality may impose penalties allowed for the violation of municipal ordinance pursuant to N.J.S.A. 40:49-5. In the event the Township of Dennis expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of Subsection B hereinabove, but failed to abate the nuisance or correct the violation as directed, the Township of Dennis shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100.
A.
Enforcement. The provisions of this chapter shall be enforced by
the Code Enforcement Officer or other designated party. The Code Enforcement
Officer or other designated party is hereby authorized to conduct
all inspections as may be necessary to ensure compliance. Adherence
to this chapter does not relieve any person, legal entity or agent
from any other obligations set forth in any applicable code which
may apply to the registered property.
B.
Abatement notice. Where any enforcement officer or other designated
party fully designated shall have determined that any registered property
is in violation of this chapter, the Code Enforcement Officer shall
issue a notice to abate directing the registrant to correct the violation
and abate nuisance within the time set forth in the notice to abate.
The time for abatement shall not be less than 30 days from the registrant's
receipt of the notice to abate, except that if the violation presents
an imminent threat to public heath and safety, the time for abatement
shall be within 10 days of the registrant's receipt of notice
to abate.
C.
Service of notice. Service of notice to abate shall be made by regular
mail and certified return receipt mail, to the address set forth in
the registration for receipt of complaints of property maintenance
and code violations.
D.
Failure to comply. If the registrant fails to comply with the notice
to abate within the time set forth in the notice to abate for compliance,
the Code Enforcement Officer shall be permitted to enter upon said
lands for the purposes of correcting the violation and abating the
nuisance, take the necessary action to ensure compliance with the
notice to abate and place a lien on the registered property for the
cost of the work performed to benefit the registered property and
bring it into compliance.
E.
Additional rights. The Code Enforcement Officer shall be entitled
to take any other action authorized by law to obtain compliance with
this chapter. Nothing in this chapter shall limit the rights of the
Code Enforcement Officer to pursue any other action permitted in the
Township Code or any other law against the registrant for failing
to comply with any provision(s) of this chapter.
F.
Failure to register. Failure of any creditor, person, owner or legal
entity to properly register or modify a registration form to reflect
changes of circumstance is a violation of the chapter and shall be
subject to enforcement.
A.
Failure to register. Any person or legal entity who fails to register
a vacant or abandoned property pursuant to this chapter or who fails
to modify a registration to reflect changes due to circumstances,
upon conviction in the Municipal Court of Dennis or such other court
having jurisdiction, shall be subject to a civil penalty in an amount
of $500, plus the costs of registration, for each unregistered property.
B.
Failure to appoint an in-state agent. Any out-of-state creditor who fails to appoint an in-state representative/agent as required by § 146-3A(1)(l) (registration program), upon conviction in the Municipal Court of Dennis Township or such other court having jurisdiction shall be subject to a civil penalty in an amount of $2,500 per day of the violation, provided no such penalty shall commence until the day after the thirty-day period provided for initial registration.
C.
Any person, firm or corporation which shall violate any provision
of this chapter shall, upon conviction thereof, shall be subject to
a fine of $2,500 for each day of the violation pursuant to N.J.S.A.
40:48-2.12s3 as determined by the court. Each day that a violation
continues shall be deemed a separate offense.
D.
Nothing in this chapter is intended nor shall be read to conflict
or prevent Dennis Township from taking action against buildings found
to be unfit for human habitation or unsafe structures as provided
in the applicable provisions of the Code of the Township of Dennis.
Upon sale or transfer of title to a property, the owner shall
be responsible for all violations of the applicable code(s) and the
owner shall be responsible for meeting with the Code Enforcement Office
of the Township of Dennis within 45 days for a final courtesy inspection
report. Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
Township of Dennis code(s) which may apply to the property.
A.
If the Code Enforcement Officer determines that a property subject
to the provisions of this chapter is posing a serious threat to the
public health, safety and/or welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner and may bring assess violations as soon as possible to
address the conditions of the property.
B.
The Code Enforcement Officer shall have the authority to require
the mortgagee and/or owner of record of any property affected by this
chapter to implement additional maintenance and/or security measures,
including but not limited to securing any and all doors, windows or
other openings or other measures as may be reasonable 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 Office may direct the Township to abate the violations
and charge the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the Township for the cost of
temporarily securing the property or of any abatement directed by
the Code Enforcement Office within 30 days of the Township sending
the invoice, then such amount, together with an administrative fee
of $500 to address the Township's administrative expenses, shall
be a lien against the property and recorded and collected as provided
by the statutes of the State of New Jersey.
A.
All fees, penalties, and/or fines established within this chapter
and assessable pursuant to the Township's authority outlined
within P.L. 2021, c. 444 shall be deemed a municipal charge in accordance
with N.J.S.A. 54:5-1 et seq. All fees will be processed through the
Municipal Clerk's office.
B.
Creditors required to notify the Township and register a property
as one in foreclosure shall be required to pay the following annual
registration fee, per property, due at the time of registration: $500.
C.
If a property registered with the Township's registration program
as a property in foreclosure is vacant and abandoned at the time of
registration, or becomes vacant and abandoned at any time during the
pendency of the foreclosure proceeding, the creditor shall pay an
additional annual registration fee, per property, due at the time
the determination that the property is vacant and abandoned is made,
of $2,000.
Any owner or creditor may, within 30 days of the issuance of
a notice of violation under this chapter, appeal by letter to the
governing body, with a request to be heard, in order to request relief
from the provisions of this chapter due to compelling circumstances.
Said letter shall outline the unique circumstances for the relief
sought. The governing body may elect to grant the appellant an opportunity
to be heard at a regular meeting of the governing body and, subsequently,
decide to grant the relief requested, or may reasonably deny either
or both in its discretion.
Properties which have a valid building permit and are actively
performing work in compliance with same shall be exempt from the provisions
of this chapter.
