[Added 3-19-2015 by Ord. No. 10-15; amended 9-1-2022 by Ord. No. 14-22]
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. 
As used in this article:
CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose upon the residential or commercial mortgage changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor for purposes of this article. For purposes of this article, a creditor shall not include the state, a political subdivision of the state, a state, county, or local government entity, or their agent or assignee, such as the servicer.
B. 
A creditor filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the Township pursuant to Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51), or Section 2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2), register the residential or commercial property with the Township's property registration program as a property in foreclosure and, as part of that registration:
(1) 
Provide the Township with the information regarding the creditor required by Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51), or Paragraph (1) of Subsection a of Section 2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2);
(2) 
Identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and
(3) 
Identify whether the property is vacant and abandoned.
C. 
If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor following the filing of the summons and complaint, the creditor shall update the property registration program within 10 days of the change in that information.
D. 
A creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned after the property is initially registered with the Township, update the property registration with the Township to reflect the change in the property's status.
E. 
A creditor located out-of-state shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.
A. 
A creditor filing a summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the property registration program.
B. 
The care, maintenance, security, and upkeep of the exterior of the property includes, but is not limited to, securing the property against unauthorized entry, posting a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the creditor or an out-of-state creditor's in-state representative or agent for the purpose of receiving service of process, acquiring and otherwise maintaining liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property while registered with the property registration program.
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.
A. 
An out-of-state creditor found by the municipal court, 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 Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51), or Paragraph (1) of Subsection a of Section 2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2), for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
B. 
A creditor found by the Municipal Court, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection A of this section 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 receipt of the notice of violation, 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.
C. 
No less than 20% of any money collected pursuant to Subsection A or B of this section or an ordinance adopted pursuant to Subsection A of this section shall be utilized by the Township for municipal code enforcement purposes.