[Adopted 9-24-2018 by Ord. No. O:29-2018;[1] amended in its entirety 5-11-2022 by Ord. No. O:09-2022]
[1]
Editor's Note: This ordinance also repealed former Article
V, Abandoned Real Properties, adopted 7-27-2015 by Ord. No. O:26-2015.
[Amended 11-27-2023 by Ord. No. O:45-2023]
It is the Township's purpose and intent to establish a process
to address the deterioration and blight of neighborhoods caused by
an increasing amount of abandoned, blighted, foreclosed or distressed
real property located within Monroe Township, including both residential
and commercial properties. The Township will designate a third-party
administrator which will administer the registration program at no
cost to the Township. All fees paid in accordance with this section
will be utilized for administration of the program.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
For the purposes of this article, "abandoned property" refers
to any unoccupied or neglected real estate, either residential or
commercial, that shows signs of vacancy, disrepair, or noncompliance
with local codes. This term includes properties that are subject to
foreclosure, transferred through a deed in lieu of foreclosure/sale,
exhibit blighted conditions, or otherwise pose a risk to the public's
health, safety, or welfare. The determination and/or classification
of said property is within the reasonable judgment of the Township
Zoning Officer.
[Added 11-27-2023 by Ord. No. O:45-2023]
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.
Includes, but shall not be limited to, the Township of Monroe
Zoning Code, the Monroe Township Code and the New Jersey Building
Code.
[Amended 11-27-2023 by Ord. No. O:45-2023]
In accordance with N.J.S.A. 40:48-2.12, Sec. 3, a property shall
be considered blighted or a blighted commercial property if it is
not legally occupied by a mortgagor, property owner, or tenant, and
one or more of the following conditions exist:
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Monroe
Township Code; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the Monroe Township Code and zoning codes.
For the purposes of this section, a blighted or commercial property
shall not be considered as such 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.
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The determination and/or classification of said property is
within the reasonable judgment of the Township Zoning Officer.
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In addition to the procedures set out in the Fair Foreclosure
Act, P.L. 1995, c. 244 (N.J.S.A. 2A:50-53 et seq.), a summary action
for remediation or forfeiture affecting blighted or commercial property
that is blighted may be brought by a lender or the Township in the
Superior Court.
Service of notice.
In addition to the service of process required by the Rules
of Court, a lender or the Township shall establish that a process
server has made two unsuccessful attempts to serve the mortgagor,
property owner, or occupant at the blighted or commercial property.
In addition to any notices required to be served by law or the
Rules of Court, a lender shall, with any order to show cause served
as original service of process or a motion to proceed summarily, serve
a notice that the lender is seeking, on the return date of the order
to show cause, or on the date fixed by the Court, to proceed summarily
for entry of a residential foreclosure judgment because the property
is vacant and abandoned.
When a property is deemed vacant and abandoned as herein defined,
a lender shall not be required to serve the debtor with the notice
to cure required by Section 6 of the Fair Foreclosure Act, P.L. 1995,
c. 244 (N.J.S.A. 2A:50-58).
Registration and final judgment by a Court.
A property may be registered as blighted by the Township in accordance with the criteria set forth under Subsection A of this section. Such registration does not necessitate a final judgment by the Court but must be supported by clear and convincing evidence that the property meets the blighted criteria as defined, in the reasonable judgment of the Township Zoning Officer.
Upon registration, the Township shall notify the property owner
of the blighted status and the implications thereof.
A property owner has the right to contest the blighted status
designation by filing an appeal with the Court. The appeal must be
filed within 30 days after the Township's notification to the property
owner of the blighted status registration.
The Court will hear and determine the merits of any appeal of
the blighted status and may uphold or overturn the registration based
on the evidence presented.
The entry of a final judgment declaring a property as blighted
or commercial property for the purposes of its registration by the
Township is not required. A final judgment under this section shall
be pertinent only if the property's blighted status is contested and
upheld upon appeal, and the matter involves further legal action necessitating
such judgment.
A final judgment affecting a property registered as blighted
or commercial property shall not be entered if:
The Court finds the property does not meet the blighted or commercial
property criteria; or
The mortgagor, property owner, or any other defendant has filed
an answer, appearance, or any other written objection that has not
been withdrawn, and the defenses or objections asserted provide cause
to preclude the entry of a final judgment affecting the property.
Any law enforcement officer, building official, zoning inspector,
Code Enforcement Office employee, fire inspector or building inspector,
or any other person authorized by the Township of Monroe to enforce
the applicable code(s).
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property pursuant to
Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
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.
In accordance with N.J.S.A. 40:48-2.12, Sec. 3, 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 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, 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.
For the 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.
In addition to the residential mortgage foreclosure procedures
set out in the Fair Foreclosure Act, P.L. 1995, c. 244 (N.J.S.A. 2A:50-53
et seq.), a summary action to foreclose a mortgage debt secured by
residential property that is vacant and abandoned may be brought by
a lender in the Superior Court. In addition, a lender may, at any
time after filing a foreclosure action, file with the Court, in accordance
with the Rules Governing the Courts of the State of New Jersey, an
application to proceed in a summary manner because the residential
property that is the subject of the foreclosure action is believed
to be vacant and abandoned; provided, however, that this section shall
not apply to a foreclosure of a timeshare interest secured by a mortgage.
Service of notice.
In addition to the service of process required by the Rules
of Court, a lender shall establish, for the entry of a residential
foreclosure judgment under this section, that a process server has
made two unsuccessful attempts to serve the mortgagor or occupant
at the residential property, which attempts must be at least 72 hours
apart, and during different times of the day, either before noon,
between noon and 6:00 p.m., or between 6:00 p.m. and 10:00 p.m.
In addition to any notices required to be served by law or the
Rules of Court, a lender shall, with any order to show cause served
as original service of process or a motion to proceed summarily, serve
a notice that the lender is seeking, on the return date of the order
to show cause, or on the date fixed by the Court, to proceed summarily
for entry of a residential foreclosure judgment because the property
is vacant and abandoned.
When a property is deemed vacant and abandoned as herein defined,
a lender shall not be required to serve the debtor with the notice
to cure required by Section 6 of the Fair Foreclosure Act, P.L. 1995,
c. 244 (N.J.S.A. 2A:50-58).
Final residential mortgage foreclosure judgment.
The Court may enter a final residential mortgage foreclosure judgment under this section upon a finding, a) by clear and convincing evidence, that the residential property is vacant and abandoned as defined under Subsection A of this section, and b) that a review of the pleadings and documents filed with the Court, as required by the Rules of Court, supports the entry of a final residential mortgage foreclosure judgment.
A final residential mortgage foreclosure judgment under this
section shall not be entered if the Court finds that:
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to Monroe Township above and beyond any
other state, county or local provisions for same.
Pursuant to the provisions of § 104-40, the Township of Monroe shall designate a third party to create the registration program cataloging each abandoned property within the municipality, containing the information required by this article.
A.
Any mortgagee or property owner who holds a mortgage, who holds a
mortgage or owns real property, whether commercial or residential,
located within the Township of Monroe shall perform an inspection
of the property to determine vacancy, occupancy, or blighted status
upon a filing of a summons and complaint, or upon identification by
the Township as potentially being blighted or commercial property
in question. The mortgagee or property owner shall, within 10 days
of the inspection, register the property with the Monroe Township
Code Enforcement Office, or designee, using the website access provided
by the Township of Monroe, and indicate whether the property is vacant,
occupied, or blighted. A separate registration is required for each
property, whether it is found to be vacant or occupied.
[Amended 11-27-2023 by Ord. No. O:45-2023]
B.
If the property is occupied or blighted, it shall be inspected by
the mortgagee or property owner or their designee monthly until:
[Amended 11-27-2023 by Ord. No. O:45-2023]
C.
Registration pursuant to this section shall contain the name of the
mortgagee or property owner, and the servicer, the direct mailing
address of the mortgagee or property owner, and the servicer, a direct
contact name and telephone number for both parties, facsimile number
and email address for both parties, tax lot and block for the property,
and the name and twenty-four-hour contact telephone number of the
property management company responsible for the security and maintenance
of the property.
[Amended 11-27-2023 by Ord. No. O:45-2023]
D.
A nonrefundable annual registration fee of $500 shall be collected
as a pass-through fee to the designated third-party administrator
(per the state legislation enacted on January 18, 2022) per property
and shall accompany the website registration. 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. All fees mentioned herein
are nonrefundable.
[Amended 11-27-2023 by Ord. No. O:45-2023]
E.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of Monroe Township and/or its authorized designee.
F.
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
under a deed in lieu of foreclosure/sale.
G.
Properties subject to 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
for foreclosure filed.
H.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
I.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this article is a violation of the
chapter and shall be subject to enforcement.
J.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Township of
Monroe may take the necessary action to ensure compliance with this
article and place a lien on the property for the cost of the work
performed to benefit the property and bring it into compliance.
K.
A creditor located out-of-state shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
L.
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 under a deed in lieu of foreclosure/sale, as well as any properties that have been determined to be blighted or are commercial properties in accordance with Subsection A of this section.
[Added 11-27-2023 by Ord. No. O:45-2023]
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 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 $1,500 in accordance with
the Monroe Township Code. Pursuant to a finding and determination
by the Monroe Township enforcement official, or a court of competent
jurisdiction, Monroe Township 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 the applicable code(s).
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a complaint and summons has been filed, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this article and any other applicable laws.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which, pursuant to the police power, is
hereby declared to be necessary for the health, welfare and safety
of the residents of Monroe Township.
A.
Enforcement measures. The provisions of this article shall be enforced
by the enforcement officer or other designated party. The enforcement
officer or other designated party is hereby authorized to conduct
all inspections as may be necessary to ensure compliance. Adherence
to this article 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.
Notice to abate. Where any enforcement officer or other designated
party fully designated shall have determined that any registered property
is in violation of this article, the enforcement officer shall issue
a notice to abate directing the registrant to correct the violation
and abate the 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 health and safety,
the time for abatement shall be within 10 days of of the registrant's
receipt of notice to abate.
C.
Service of notice. Service of the notice to abate shall be made by
regular mail and certified mail, return receipt requested, 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 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 enforcement officer shall be entitled to take any other action authorized by law to obtain compliance with this Article V. Nothing in this article shall limit the rights of the 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 article.
F.
Failure to register. Failure to any creditor, person, owner or legal
entity to properly register or modify the registration form from time
to time to reflect a change of circumstances as required by this article
is a violation of the article and shall be subject to enforcement.
A.
Failure to register. Any person or legal entity who fails to register
a registered property as required pursuant to this article, as it
may be amended, and/or pay the required registration fee, upon conviction
in the Municipal Court of the Township of Monroe, 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 registered
property.
B.
Failure to appoint an in-state agent. Any out-of-state creditor who shall fail to appoint an in-state representative or agent as required in § 104-40, as it may be amended, upon conviction in the Municipal Court of the Township of Monroe, 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 the initial registration.
C.
Any person, firm or corporation which shall violate any provision
of this article 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.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
Monroe Township code(s) which may apply to the property. Upon sale
or transfer of title to the property, the owner shall be responsible
for all violations of the applicable code(s), and the owner shall
be responsible for meeting with the Monroe Township Code Enforcement
Office within 45 days for a final courtesy inspection report.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the enforcement officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the Monroe Township
Code Enforcement Office as soon as possible to address the conditions
of the property.
B.
The Monroe Township Code Enforcement Office shall have the authority
to require the mortgagee and/or owner of record of any property affected
by this section to implement additional maintenance and/or security
measures, including, but not limited to, securing any and all doors,
windows or other openings, employment of an on-site security guard
or other measures as may be reasonably required 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
Monroe Township 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 mortgagee 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.
Any person, firm or corporation which shall oppose, obstruct or resist any enforcement officer or any person authorized by this article in the discharge of duties as provided in this article shall be subject to penalties as set forth in § 104-45.
Any code enforcement officer or any person authorized by the
Township to enforce the sections here within shall be immune from
prosecution, civil or criminal, for reasonable, good faith entry upon
real property while in the discharge of duties imposed by this article.
Any fees between November 10, 2021, through March 23, 2022,
are hereby waived.
