[HISTORY: Adopted by the Township Committee of the Township
of Harmony as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-1-2016 by Ord.
No. 16-3 (Ch. 131, Art. I, of the 1990 Code)]
The purpose of this article is to create a regulation regarding
registration and maintenance of vacant and abandoned residential properties
in foreclosure.
As used in this article, the following terms shall have the
meanings indicated:
A state-chartered 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 (Section 17 of P.L. 2008, c. 127, 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, services.
Consistent with N.J.S.A. 2A:50-73, residential real estate where
a notice of violation has been issued pursuant to N.J.S.A. 40:48-2.12s(1)(b).
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:
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, association management, delivery persons,
or government employees indicating that the residence 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, exists 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 any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
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.
A.
A creditor filing a summons and complaint in an action to foreclose on a residential property within the Township shall be immediately responsible for the care, maintenance, security and upkeep of the exterior of the property, after the property becomes vacant and abandoned as defined in § 340-2.
B.
Where a creditor is located out-of-state,
the creditor shall be responsible for appointing an in-state representative
or agent to act on the creditor's behalf for the purpose of satisfying
the requirements of N.J.S.A. 2A:50-73(d)(1). Notice of said representative
or agent shall be provided to the Municipal Clerk pursuant to N.J.S.A.
40:48-2.12(b)(3) and (4) and pursuant to N.J.S.A. 46:10B-51(a)(1).
C.
A creditor filing a summons and complaint in an action to foreclose on a residential property within the Township shall 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 Subsection B of this section), and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches.
A.
The owner and/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 the municipal code following reasonable notice.
B.
The enforcement officers designated in § 340-5 shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township if the enforcement officer determines that the creditor has violated this section by failing to provide the care, maintenance, security and upkeep of the exterior of a vacant and abandoned property, or otherwise failed to comply with this section.
C.
Where a creditor is an out-of-state
creditor, the notice shall be issued to the representative or agent
that has been identified by the creditor pursuant to N.J.S.A. 2A:50-73(d)(2)
and 46:10B-51(a)(1).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The duty of administering and enforcing the provisions of this
article is conferred upon the Municipal Clerk, Construction Official,
Zoning Officer, state police, and any other duly appointed representatives.
A.
A creditor subject to this article
that is found by the Municipal Court of the Township, or by any other
court of competent jurisdiction, to be in violation of the requirement
to correct, care, maintain, secure, or upkeep 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 the 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.
B.
An out-of-state creditor subject
to this article that is found by the Municipal Court of the Township,
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 N.J.S.A. 46:10B-51(a)(1)
for providing notice to the Municipal Clerk that a summons and complaint
in an action to foreclose on a mortgage has been served.
