(Ord. #2013-13 § 2)
It is the purpose and intent of this Article to establish a
process to mitigate the amount of deteriorating property located within
the Township of Plumsted, for which is in default and vacant, for
which a public notice of default has been filed regardless of occupancy,
is in foreclosure, or where ownership has been transferred to lender
or mortgagee by any legal method. It is further intended to establish
a registration program as a mechanism to protect neighborhoods from
becoming blighted through the lack of adequate maintenance of abandoned
and vacated properties subject to a mortgage or properties subject
to mortgages that are in default.
(Ord. #2013-13 § 2)
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning. Where the context will permit
and no definitions are provided herein, the definitions provided in
the State of New Jersey Building Code shall apply.
[Added 8-4-2022 by Ord. No. 2022-03]
Any real property that is vacant and/or is under a current
notice of default, notice of mortgagee's sale, pending tax collector's
lien sale and/or properties that have been the subject of a foreclosure
sale where title is retained by the beneficiary of a mortgage involved
in the foreclosure, and any properties transferred under a deed-in-lieu
of foreclosure sale, a short sale or any other legal means.
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:
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.
A property that is accessible through a compromised/breached
gate, fence, wall, etc.
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
Means 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 purpose of this section.
For purpose of this section, 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.
[Added 8-4-2022 by Ord. No. 2022-03]
Mortgagee declares said mortgage to be in default either
in writing, by recording a lis pendens, or by its actions, or commences
foreclosure proceedings.
Any full-time law enforcement officer, building official,
fire inspector or code enforcement officer employed by, contracted
for, or servicing the Township of Plumsted.
Any condition that on its own, or combined with other conditions
present would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, electricity, water or other utilities turned
off, stagnant swimming pool, statements by neighbors, passers-by,
delivery agents or government agents, among other evidence.
The judicial process by which a property, placed as security
for a mortgage loan, after a judicial process, is to be sold at an
auction to satisfy a debt upon which the borrower has defaulted.
An individual property manager, property management company,
property maintenance company or similar entity located within Ocean
County, designated by the owner or mortgagee, which is responsible
for the maintenance of abandoned real property.
Canals, all waterways, lands and improvements owned by governmental
body or any governmental agency including but not limited to easements
and rights-of-way, but excluding the campus of any institution of
the state university system.
Any improved real property or portion thereof, situated in
the Township, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property.
Any building or structure that is not lawfully occupied or
inhabited by human beings.
(Ord. #2013-13 § 2)
This Article relates to abandoned and vacant property and to
property subject to a mortgage that has been determined by the mortgagee
to be in default. This Article shall be considered cumulative and
is not superseding or subject to any other law or provision for same,
but shall rather be an additional remedy available to the Township
above and beyond any other state, county and/or local provisions for
same.
(Ord. #2013-13 § 2)
Any person who shall violate the provisions of this Article
shall, upon conviction be subject to a minimum fine of two hundred
fifty dollars ($250.) and a fine of up to two thousand dollars ($2,000.)
for each violation. In addition, any violation of this section may
be enforced by the Township Code Official, Director of Community Development,
and Plumsted Township Police Department.
(Ord. #2013-13 § 2)
A.
Any mortgagee who holds a mortgage on real property located within
the Township of Plumsted shall perform an inspection of the property
that is the security for the mortgage, upon default by the mortgagor,
or issuance of a notice of default. If the property is found to be
vacant or shows evidence of vacancy, it shall be deemed abandoned
and the mortgagee shall, within ten (10) days of the inspection, register
the property with the Code Compliance Official, designee, or other
authorized representative, on forms provided by the Township of Plumsted.
A registration is required for each vacant property.
B.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until (1) the mortgagor or
other party remedies the default, or (2) it is found to be vacant
or shows evidence of vacancy at which time it is deemed abandoned,
and the mortgagee shall, within (10) days of that inspection, register
the property with the Code Compliance Official, his/her designee,
or Township authorized representative, electronically via the Township
or other designated website or on forms provided by the Township of
Plumsted.
C.
Within ten (10) days of the date, the mortgagee declares its mortgage
to be in default through public notice or recordation, the mortgagee
shall register the real property with the Township or its designee
and, at the time of registration, shall designate in writing a local
property manager to inspect, maintain and secure the real property
subject to the mortgage in default.
D.
Registration. Registration pursuant to this section shall contain
at a minimum the name of the mortgagee and servicer along with the
corresponding mailing addresses of both mortgagee/servicer, email
addresses, and telephone numbers and name of the local property manager
and said person's address, e-mail address, and telephone number. The
local property manager shall be responsible to inspect, secure and
maintain the property. The property manager named in the registration
shall be located within the State of New Jersey and available to be
contacted Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays
and lunch hours excepted. If the subject of the registration is investor
or bank owned, the registration shall contain at the minimum, the
name of the owner, the mailing address of the owner, email address,
and telephone number, asset manager along with the property manager.
E.
Fee; renewal.
[Amended 12-4-2019 by Ord. No. 2019-15]
(1)
An annual registration fee as provided for in § 1A-41 per property shall accompany the registration or a modification of registration. There is no fee for modifying contact information if the organizational information remains the same and within the one year of the last registration payment.
(2)
The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in § 1A-41 for each vacant property registered.
F.
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to a beneficiary
of a mortgage involved in the foreclosure and any properties transferred
to the mortgagee under a deed in lieu of foreclosure/sale.
G.
Any person or other legal entity that has registered a property under
this ordinance must report any change of information contained in
the registration within ten (10) days of the change.
H.
Properties subject to this section shall remain under the annual
registration requirement, inspection, security, and maintenance standards
of this section as long as they remain vacant or subject to having
been declared by a mortgagee to be in default.
I.
Failure of the mortgagee and/or property owner of record to properly
register or to revise from time to time the registration to reflect
a change of circumstances as required by this ordinance is a violation
of the codes of the Township of Plumsted and may result in a citation
by the code compliance division. Pursuant to a finding and determination
by the Code Official, Director of Community Development or Plumsted
Township Police, any property that is in violation of Township ordinances,
the Township of Plumsted may take the necessary action to ensure compliance
with its ordinance and place a lien(s) on the property for the cost
of the work performed to benefit the property and to bring it into
compliance, which lien may be assigned to either the entity that performs
the work or arranges to have the work performed.
J.
At such time that the property becomes abandoned the mortgagee shall
submit a No Trespass Affidavit with the Code Official and/or assignee.
K.
Notwithstanding the foregoing, any creditor filing a summons and
complaint in an action to foreclose shall, in addition to the notice
provided to the municipality 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 (C.
40:48-2.12s2), register the residential or commercial property with
the Code Compliance Official, designee, or other authorized representative,
on forms provided by the Township of Plumsted, as a property in foreclosure
and, as part of that registration: (a) provide the Township of Plumsted
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); (b) 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 (c) identify whether the property is vacant
and abandoned in accordance with this section.
[Added 8-4-2022 by Ord.
No. 2022-03]
(1)
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 required to register pursuant to this section
following the filing of the summons and complaint, the creditor shall
update the property registration within 10 days of the change in information.
(2)
The
creditor filing a summons and complaint in an action to foreclose
shall, if the registered property becomes vacant and abandoned in
accordance with the definition in this section after the property
is initially registered with the Township of Plumsted, update the
property registration with the Township of Plumsted to reflect the
change in the property's status.
(3)
The
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 in accordance with this
section.
(4)
A creditor
located out-of-State shall be responsible for appointing an in-State
representative or agent to act for the foreclosing creditor.
(Ord. #2013-13 § 2)
A.
Properties subject to this Article shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state, or local law, discarded personal items
including, but not limited to, furniture, clothing, large and small
appliances, or any other items that give the appearance that the property
is abandoned or not being properly maintained. Weeds, overgrown brush
or dead vegetation over the height limitations imposed by the Township
of Plumsted's codes are prohibited.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure. Yards shall be landscaped and
maintained pursuant to the standards set forth in the code. Landscaping
shall include, but not be limited to, grass, ground cover, bushes,
shrubs, hedges or similar plantings, decorative rock or bark or artificial
turf/sod designed specifically for residential, commercial or industrial
installation, as applicable. Landscaping shall not include weeds,
gravel, broken concrete, asphalt or similar material.
C.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required landscape and removal of all trimmings
and weeds.
D.
Pools and spas shall be kept in working order so that pool and spa
water remains free and clear of pollutants and debris. Pools and spas
shall comply with the enclosure requirements of the Township of Plumsted
codes and the State of New Jersey Building Code.
E.
Failure of the mortgagee and/or property owner of record to properly
maintain the property is a violation of the code of ordinances of
the Township of Plumsted and may result in the issuance of a citation
by the Code Compliance Division. Pursuant to a finding and determination
by the Code Official may take the necessary action to ensure compliance
with its ordinances and place a lien/s on the property and assign
it as provided herein.
(Ord. #2013-13 § 2)
A.
Properties subject to this Article 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 or adult to access the interior of the property
and/or structure. Broken windows shall be secured by reglazing or
boarding.
C.
If a mortgage on the property is in default on the property and has
become vacant or abandoned, a local property manager shall be designated
by the mortgagee to perform the work necessary to bring the property
into compliance with the code of ordinances and the local property
manager must perform weekly inspections to verify compliance with
the requirements of this section, and any other applicable laws or
ordinances of the Township of Plumsted.
D.
When the property becomes vacant or abandoned, it shall be posted
with the name and twenty four (24) hour contact telephone number of
the local property manager. The posting shall be no less than 18 inches
x 24 inches, and shall be of a font that is legible from a distance
of forty-five (45) feet. The posting shall contain the following language: THIS PROPERTY IS MANAGED BY (Name of Local Property Manager). TO
REPORT PROBLEMS OR CONCERNS CALL (Telephone number of Local Property
Manager). The posting shall include 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.
[Amended 8-4-2022 by Ord. No. 2022-03]
E.
The posting shall be placed on the interior of a window facing the
street to the front of the property so that it is visible from the
street, or secured to the exterior of the building/structure facing
the street to the front of the property so that it is visible from
the street, or if no such area exists, on a stake of sufficient size
to support the posting in a location that is at all times visible
from the street to the front of the property but not readily accessible
to vandals. Exterior posting shall be constructed of and printed with
weather-resistant materials.
F.
The local property manager shall inspect the property on a bi-weekly
basis to ensure that the property is in compliance with this section.
Upon the request of the Township of Plumsted, or its authorized representative,
the local property manager shall provide a copy of the inspection
reports to the Code Compliance Division.
G.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure the property, and post and maintain the signage
noted in this section, is a violation of this Article and shall result
in the issuance of a Notice of Violation by a Code Compliance Officer.
Pursuant to a finding and determination by the Township of Plumsted
or its designee, may take the necessary action to ensure compliance
with this section, and place a lien/s on the property and assign it
as provided herein.
H.
The creditor shall acquire and otherwise maintain 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 in accordance with this section.
[Added 8-4-2022 by Ord. No. 2022-03]
(Ord. #2013-13 § 2)
The Code Enforcement Officer, Plumsted Township Police or other
designee, or other authorized representative shall have 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 door,
window 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.
[Ord. #2013-16; amended 12-4-2019 by Ord. No. 2019-15; 8-4-2022 by Ord. No. 2022-03]
A.
There shall
be a $500 fee per property annually (including if property is sold
or otherwise transferred to new owner and remains abandoned or as
mortgage foreclosed property because a summons and complaint in an
action to foreclose was filed by the creditor).
B.
There shall
be an additional $2,000 per property annually if the property is vacant
or abandoned pursuant to the definition of this section when the summons
and complaint in an action to foreclose is filed, or becomes vacant
and abandoned pursuant to this section at any time thereafter while
the property is in foreclosure.
C.
In addition
to the above, an out-of-state creditor subject to this section found
by a court of competent jurisdiction to be in violation of the requirement
to appoint an in-State representative or agent pursuant to this section
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 10-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.
D.
A creditor subject to this section found by a court of competent jurisdiction to be in violation, excluding only a violation of Subsection C above, 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 cases any fines shall commence 11 days following receipt of the notice.
E.
No less
than 20% of any money collected pursuant to this section shall be
utilized by the municipality for municipal code enforcement purposes.
