[HISTORY: Adopted by the Township Council of the Township
of Galloway 2-23-2016 by Ord. No.
1932-2016. Amendments noted where applicable.]
[Amended 3-22-2022 by Ord. No. 2073-2022]
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, foreclosed or distressed real property
located within Galloway Township, and to identify, regulate, limit
and reduce the number of abandoned properties located within the Township.
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 chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any real property located in Galloway Township, whether vacant
or occupied, that a complaint and summons has been filed with respect
to foreclosure on a mortgage, has had a lis pendens filed against
it by the lender holding a mortgage on the property, is subject to
an ongoing foreclosure action by the lender, is subject to an application
for a tax deed or pending tax assessors lien sale, or has been transferred
to the lender under a deed in lieu of foreclosure. The designation
of a property as "abandoned" shall remain in place until such time
as the property is sold or transferred to a new owner, the foreclosure
action has been dismissed, and any default on the mortgage has been
cured.
[Amended 3-22-2022 by Ord. No. 2073-2022]
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 Galloway
Zoning Code, the Galloway Township Code and the New Jersey Building
Code.
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 Galloway
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 Galloway Township Code and Zoning Codes.
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 Galloway 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 titleholder 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).
[Added 3-22-2022 by Ord. No. 2073-2022]
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.
[Added 3-22-2022 by Ord. No. 2073-2022[1]]
[Added 3-22-2022 by Ord. No. 2073-2022]
Any residential or commercial building which is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, and at which 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 windowpanes 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.
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 12:00
noon, between 12:00 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).
The court may enter a final residential mortgage foreclosure judgment under this section upon a finding i) by clear and convincing evidence that the residential property is vacant and abandoned as defined under Subsection A of this definition, and ii) 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:
[1]
Editor's Note: This ordinance also repealed the former definition
of "vacant," which immediately followed this definition.
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 Galloway Township above and beyond
any other state, county or local provisions for same.
[Amended 3-22-2022 by Ord. No. 2073-2022]
Pursuant to the provisions of § 268-5, the Township of Galloway shall designate a third party to create the registration program cataloging each abandoned property within the municipality containing the information required by this chapter.
[Amended 3-22-2022 by Ord. No. 2073-2022]
A.
Any mortgagee who holds a mortgage on real property located within
the Township of Galloway 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 Galloway Township Code Enforcement Office, or designee,
using the website access provided by the Township of Galloway, and
indicate whether the property is vacant or occupied. A separate registration
is required for each property, whether it is found to be vacant or
occupied.
B.
If the property is occupied, it shall be inspected by the mortgagee
or his designee monthly until:
C.
Registration pursuant to this section 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, 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.
D.
A nonrefundable annual registration fee shall be collected as a pass-through
fee to the designated third-party administrator with a mandatory minimum
of $300 and a maximum of $500 (per the state legislation enacted on
January 18, 2022) per property shall accompany the website registration.
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 Galloway 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 chapter 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 chapter, the Township of
Galloway may take the necessary action to ensure compliance with this
chapter 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.
[Amended 3-22-2022 by Ord. No. 2073-2022]
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, because of the presence or finding
of at least two of the following:
(1)
Overgrown or neglected vegetation;
(2)
The accumulation of newspapers, circulars, flyers, or mail on the
property;
(3)
Disconnected gas, electric, or water utility services to the property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
(5)
The accumulation of junk, litter, trash, or debris on the property;
(6)
The absence of window treatments such as blinds, curtains, or shutters;
(7)
The absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or closed
off, or multiple windowpanes that are damaged, broken, and unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(11)
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;
(12)
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;
(13)
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;
(14)
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
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 § 267-45 of the Galloway Township Code. Pursuant to a finding and determination by the Galloway Township enforcement official, or a court of competent jurisdiction, Galloway 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 chapter and any other applicable laws.
[Amended 3-22-2022 by Ord. No. 2073-2022]
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 Galloway Township.
A.
Any person, firm or corporation which shall violate any provision
of this chapter shall, upon conviction thereof, be subject to a fine
of not less than $1,500, imprisonment for not more than 90 days, and/or
a period of community service for not more than 90 days, as determined
by the court. Each day that a violation continues shall be deemed
a separate offense.
[Amended 12-13-2016 by Ord. No. 1951-2016; 3-22-2022 by Ord. No. 2073-2022]
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
Galloway 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 Galloway 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 chapter 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 Galloway Township
Code Enforcement Office as soon as possible to address the conditions
of the property.
B.
The Galloway 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
Galloway 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 chapter in the discharge of duties as provided in this chapter shall be subject to penalties as set forth in § 268-9.
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 chapter.
