The purpose of this article is to:
A. Create a property registration program for the purposes of identifying
and monitoring residential and commercial properties within the Township
for which a summons and complaint in an action to foreclose on a mortgage
has been filed;
B. Regulate the care, maintenance, security, and upkeep of the exterior
of vacant and abandoned residential and commercial properties for
which a summons and complaint in an action to foreclose has been filed;
and
C. Impose property registration fees on the creditor of residential
or commercial properties on an annual basis.
A property shall be considered vacant and abandoned under this
article 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:
A. Overgrown or neglected vegetation;
B. The accumulation of newspapers, circulars, flyers, or mail on the
property;
C. Disconnected gas, electric, or water utility services to the property;
D. The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
E. The accumulation of junk, litter, trash, or debris on the property;
F. The absence of window treatments such as blinds, curtains, or shutters;
G. The absence of furnishings and personal items;
H. Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
I. Windows or entrances to the property that are boarded up or closed
off, or multiple windowpanes that are damaged, broken, and unrepaired;
J. Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
K. 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;
L. 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;
M. 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;
N. A written statement issued by a mortgagor expressing the clear intent
of all mortgagors to abandon the property; or
O. Any other reasonable indicia of abandonment.
The Township Manager may designate an officer or employee with
the responsibility to issue a notice to the creditor filing the summons
and complaint in an action to foreclose, if the public officer or
other authorized municipal official determines that the creditor has
violated this article. In the case of a violation for failure to provide
care, maintenance, security, and upkeep of the exterior of vacant
and abandoned property, such notice shall require the person or entity
to correct the violation within 30 days of receipt of the notice or
within 10 days of receipt of the notice if the violation presents
an imminent threat to public health and safety.
The registration fee for each property pending foreclosure shall be as set forth in Chapter
235, Fees.