[Added by Ord. No. 22-2016, 9-6-2016; amended by Ord. No.
21-2019, 8-13-2019]
The purpose of this article is to regulate the care, maintenance,
security, and upkeep of the exterior of vacant and abandoned residential
properties on which a summons and complaint in an action to foreclose
has been filed as authorized pursuant to N.J.S.A. 40:48-2.12s.
(a)Â
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on residential property in the Township of Teaneck shall,
within 10 days of serving the summons and complaint, notify the Township
Clerk 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 name and contact information for the representative of
the creditor who is responsible for receiving complaints of property
maintenance and code violations, may contain information about more
than one property, and shall be provided by mail or electronic communication,
at the discretion of the Municipal Clerk.
(b)Â
In the event the creditor that has served a summons and complaint
in an action to foreclose 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 property if it
becomes vacant or abandoned. The Township Clerk shall forward a copy
of the notice to the public officer responsible for administration
of any Property Maintenance Code.
(c)Â
In the event that the property being foreclosed on is an affordable
unit pursuant to the Fair Housing Act, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.), then the creditor shall identify that the property
is subject to the Fair Housing Act.
(d)Â
The notice shall also include the street address, lot and block number
of the property, and the full name and contact information of an individual
located within the state who is authorized to accept service on behalf
of the creditor. The notice shall be provided to the Township Clerk
within 10 days of service of a summons and complaint in an action
to foreclose on a mortgage against the subject property.
(e)Â
Any creditor that has initiated a foreclosure proceeding on any residential
property which is pending in Superior Court shall provide to the Township
Clerk a listing of all residential properties in the Township of Teaneck
for which the creditor has foreclosure actions pending by street address
and lot and block number. The Township Clerk shall forward a copy
of the notice to the public officer responsible for administration
of any Property Maintenance Code.
(a)Â
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 the building becomes vacant and abandoned or 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 Township, and annually thereafter, file a registration statement for such vacant and abandoned property with the public officer consistent with § 29A-143 of this chapter, for such purposes. Any failure to receive notice from the Township shall not constitute grounds for failing to register the vacant and abandoned property.
(b)Â
Each vacant and abandoned property having a separate block and lot
number as designated in the Official Tax Maps of the Township shall
be registered separately.
(c)Â
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
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.
(d)Â
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.
(e)Â
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 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 § 29A-146 for each vacant and abandoned property registered.
(f)Â
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
(g)Â
The creditor shall notify the Municipal Clerk within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Municipal Clerk for
such purpose.
(h)Â
The registration statements shall be deemed prima facie proof of
the statements therein contained in any administrative enforcement
processing or court proceeding instituted by the Township against
the creditor.
(a)Â
A creditor filing the summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the vacant and abandoned residential property,
and if located out of state shall be responsible for appointing an
in-state representative or agent to act for the foreclosing creditor.
(b)Â
If 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 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, Township 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 Township 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 Township may impose penalties allowed for the violation
of municipal ordinances pursuant to N.J.S.A. 40:49-5.
(c)Â
If the municipality 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) of this section but failed to abate the nuisance or correct the violation as directed, the Township 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 Section 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The public officer designated to enforce Chapter 29A as more particularly set forth in § 29A-139 hereof is hereby authorized to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer determines that the creditor has violated this article by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 20 days of receipt of the notice, or within five days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of a notice pursuant to this section shall constitute proof that a property is "vacant and abandoned" for the purposes of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73).
An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided pursuant to § 29A-171 hereof.
(a)Â
An out-of-state creditor subject to this article found by the Municipal Court of the municipality in which the property subject to this article is located, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to this article shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in § 29A-171 hereof for providing notice to the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
(b)Â
A creditor subject to this article found by the Municipal Court of
the municipality in which the property subject to this article is
located, or by any other court of competent jurisdiction, to be in
violation of the requirement to correct a care, maintenance, security,
or upkeep violation cited in a notice issued pursuant to this article
shall be subject to a fine of $1,500 for each day of the violation.
Any fines imposed pursuant to this subsection shall commence 31 days
following receipt of the notice, 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.
No less than 20% of any money collected pursuant to this article
shall be utilized by the Township of Teaneck for Municipal Code enforcement
purposes.
