Pursuant to the provisions of § 99-11 of this article, the Township or its designee shall establish a registry containing the information required by this article, cataloging each foreclosed real property or vacant property within the Township.
Any mortgagee who holds a mortgage on foreclosed real property located
within the Township shall perform an inspection of the property to
determine vacancy or occupancy, upon default by the mortgagor, as
evidenced by a foreclosure filing, of 30 days or more upon request
by the Township. The mortgagee shall, within 10 days of the inspection,
register the property with the Township's Department of Community
Development, or its designee, on forms or by website access provided
by the Township, and indicate whether the property is vacant or occupied.
A separate registration form and fee is required for each property,
whether it is found to be vacant or occupied.
The property is found to be vacant or shows evidence of vacancy,
at which time the mortgagee shall, within 10 days of that inspection,
update the property registration to a vacancy status on the required
forms.
Registration pursuant to this section shall contain the name of the
mortgagee and the servicer, the direct mailing address of the mortgagee
and the servicer, a direct contact name and telephone number for both
parties, a facsimile number and e-mail address for both parties, the
folio or tax number for the property, and the name and twenty-four-hour
contact phone number of the property management company responsible
for the security and maintenance of the property.
A nonrefundable semiannual registration fee, in an amount as established
by resolution of the Board of Supervisors, shall accompany the registration
form or website registration.
Each individual property on the registry that has been registered
for 12 months or more prior to July 1, 2020 shall have 30 days to
renew the registration and pay the nonrefundable semiannual registration
fee. Properties registered less than 12 months prior to July 1, 2020
shall renew the registration every six months from the expiration
of the original registration renewal date and shall pay the nonrefundable
semiannual registration fee.
If the mortgage and/or servicing on a registrable property is sold
or transferred, the new mortgagee is subject to all the terms of this
chapter. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the registrable property.
If the mortgagee sells or transfers the registrable property in a
non-arm's length transaction to a related entity or person, the
transferee is subject to all the terms of this chapter. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including, but not limited to, unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that mortgagee's involvement with the foreclosed property.
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the semiannual registration fee shall be charged for every
thirty-day period, or portion thereof, the property is not registered
and shall be due and payable with the registration.
All registration fees must be paid by the mortgagee, servicer, trustee,
or owner. Third party registration fees are not allowed without the
consent of the Township and/or its authorized designee.
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.
Properties subject to this section shall remain under the semiannual
registration requirement and the inspection, security, and maintenance
standards of this section as long as they remain a foreclosed real
property.
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.
Failure of any person or legal entity to properly register the property,
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 article and shall be subject to enforcement.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Township may
take the necessary action to ensure compliance and place a lien on
the property for the cost of the work performed to benefit the property
and bring it into compliance.
Registration of the foreclosure property does not alleviate the mortgagee
and/or owner from obtaining all required licenses, permits, and inspections
required by applicable code or state statutes. Acquisition of required
licenses, permits, and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this section. The mortgagee and/or owner is expected to update
the status of the property in the event of a mortgagee managed rental.
Any owner of vacant property located within the Township shall, within
10 days after the property becomes vacant, register the vacant property
with the Township.
Initial registration pursuant to this section shall contain, at a
minimum, the name, mailing address, e-mail address, and telephone
number of the owner and, if applicable, the name, mailing address,
e-mail address, and telephone number of the property manager.
At the time of initial registration, each registrant shall pay a
nonrefundable annual registration fee for each vacant property. Subsequent
nonrefundable annual renewal registrations of vacant properties and
fees are due within 10 days of the expiration of the previous registration.
Said fees shall be used to offset the costs of: (1) registration and
registration enforcement, (2) code enforcement and mitigation related
to vacant properties, and (3) any related purposes as may be adopted
in the policy set forth by the Township. Said fees shall be deposited
to a special account in the Township dedicated to the cost of implementation
and enforcement of this chapter and fulfilling the purpose and intent
of this chapter.
If the property is sold or transferred, the new owner is subject
to all the terms of this chapter. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
If the vacant property is not registered, or either the registration
fee or the annual registration fee is not paid within 30 days of when
the registration or annual registration is required pursuant to this
section, a late fee equivalent to 10% of the required registration
fee shall be charged for every thirty-day period, or portion thereof,
the property is not registered and shall be due and payable with the
registration. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
Properties subject to this section shall remain subject to the annual
registration requirement and the inspection, security, and maintenance
standards of this section as long as the property is vacant.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this section is
a violation of this chapter and shall be subject to enforcement by
any of the enforcement means available to the Township.
If any property is in violation of this chapter, the Township may
take the necessary action to ensure compliance with this chapter,
including placing a lien on the property for the cost of the outstanding
obligation and any additional cost incurred by the Township to bring
the property into compliance with this chapter.
Properties registered as a result of this section are not required to be registered again separately pursuant to § 99-11; however, semiannual fees may be applied.
Properties subject to this chapter shall be kept free of grass and
weeds in excess of six inches; overgrown brush; dead vegetation; trash;
junk; debris; unused, stored building materials; any accumulation
of newspapers, circulars, flyers, or notices, except those required
by federal, state, or local laws; discarded personal items, including,
but not limited to, furniture, clothing, large and small appliances,
or printed material; and any other items that give the appearance
that the property is vacant or an abandoned real property.
The property shall be maintained so that it is free of graffiti or
similar markings by methods including removal of or painting over
the graffiti or markings with an exterior grade paint that matches
the color of the exterior of the structure.
Yard maintenance shall include, but not be limited to, watering;
irrigation; cutting and mowing of grass, ground covers, bushes, shrubs,
hedges, or similar plantings as appropriate; and removal of the trimmings.
Decorative rock, mulch, bark, or artificial turf/sod areas shall not
contain weeds, gravel, broken concrete, asphalt, or similar material.
Pools and spas shall be maintained so that the water remains free
of pollutants and debris and shall comply with the regulations set
forth in the applicable code(s).
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 citation or notice of violation. The Township may take any necessary
action to ensure compliance with this section.
In addition to the above, any other necessary upkeep shall be performed
in order to prevent the foreclosed real property from becoming a blighted
property as defined by this chapter, and the property is required
to be otherwise maintained in accordance with all other applicable
code(s).
Properties subject to this chapter shall be maintained in a secure
manner so as not to be an attractive nuisance, accessible property/structure,
or to create a blighted property. A "secure manner" shall include,
but not be limited to, the closing and locking of windows, doors,
gates, fences, walls, and other openings of such size that may allow
a child or other unauthorized person to access the interior of the
property or structure.
Broken windows, doors, gates, fences, walls, and other openings of
such size that may allow a child or other unauthorized person to access
the interior of the property or structure must be repaired upon registration
of the real property and maintained in a secure manner. Broken windows
shall be secured by reglazing of the windows.
Once a real property becomes a foreclosed real property, a property
management company shall be designated by the mortgagee or owner to
perform the work necessary to bring the property into compliance with
the applicable code(s), and the property management company must perform
regular inspections to verify compliance with the requirements of
this chapter and any other applicable codes of the Township.