[HISTORY: Adopted by the Township Committee of the Township of Bordentown as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-22-2014 by Ord. No. 2014-32 (Ch. 8.29 of the 2003 Municipal Code); amended 7-18-2022 by Ord. No. 2022-16]
For the purposes of this article, the following terms shall have the meanings indicated:
CREDITOR
State-chartered bank, savings bank, saving-and-loan association or credit union, any person required to be licensed under the provisions of the New Jersey Residential Mortgage Lending Act, Sections 1 through 39 of P.L. 2009, c.53 (N.J.S.A. 17:11C-51 through 17:11C-89), and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers. For the purposes of the chapter, a creditor shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer.
OWNER
The title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c.127, Sec. 17), or any other entity determined by the Township of Bordentown to have authority to act with respect to the property.
PUBLIC OFFICER
The Director of Community Development or designee.
VACANT AND ABANDONED PROPERTY
A property 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 window panes 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 any other reasonable indicia of abandonment.
A. 
Any creditor serving a summons and complaint in an action to foreclose on a mortgage on commercial or residential property within the Township of Bordentown shall, within 10 days of serving the summons and complaint, notify the Township Clerk, Township Administrator, and Director of Community Development, in accordance with this chapter. The notice shall contain the full name, address, and telephone number for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations and the full name, address, telephone number and e-mail address for any person or entity retained by the creditor or a representative of the creditor to be responsible for any care, maintenance, security, or upkeep of the property. The notice shall be provided by mail or electronic communication, at the discretion of the Township Clerk.
B. 
In the event the creditor that has served a summons and complaint in an action to foreclose on a commercial or residential property is located out of state, the notice shall also contain the full name, address, telephone number and e-mail address of an in-state representative or agent who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and abandoned. The Municipal Clerk shall forward a copy of the notice to the public officer or designee, who shall be responsible for the administration of the property maintenance code and the provisions of this chapter. The notice shall also include the street address, lot, and block number of the property. In the event that the property being foreclosed on is an affordable unit pursuant to the Fair Housing Act, P.L. 1985, c.222 (N.J.S.A. 52:27D-301 et seq.), then the creditor shall identify that the property is subject to the Fair Housing Act.
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 required to be provided in a notice pursuant to the provisions of this chapter, the creditor shall provide a notice to the Township Clerk containing the updated name, address, telephone number, and e-mail address within 10 days of the change in that information.
Within 30 days following the effective date of P.L. 2009, c.296 (N.J.S.A. 2A:50-69 et seq.) and P.L. 2021, c.444 (N.J.S.A. 40:48-2.12s1 et seq.), any creditor that has initiated a foreclosure proceeding on any commercial or residential property that is pending in Superior Court shall provide to the Township Clerk a listing of all commercial and residential properties in the Township for which the creditor has actions pending by street address and lot and block number. The Township Clerk shall forward a copy of the notice to the public officer or designee, who shall be responsible for the administration of the property maintenance code.
A. 
Any creditor serving a summons and complaint in action to foreclose shall submit a property registration statement form with all applicable fees pursuant to § 449-7 to the public officer. If the property subject to foreclosure proceedings becomes abandoned pursuant to the provisions of this chapter, the creditor shall provide access to the Township to conduct an exterior and interior inspection of the building to determine compliance with the Township Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.
B. 
The registration statement shall include the name, street address, telephone number and e-mail address of a person 21 years of age or older, who shall be the representative of the creditor, out-of-state creditor, or owner as an authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such creditor in connection with the enforcement of any applicable code. This person must maintain an office in the State of New Jersey or reside within the State of New Jersey. The statement shall also include the name of the person responsible for maintaining and security the property, if different. An owner residing within the state shall have the ability to act as their own representative.
C. 
By designating an authorized agent under the provisions of this section, the creditor or owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any creditor or owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the public officer of a change of authorized agent or until the creditor or owner files a new annual registration statement. The designation of an authorized agent in no way releases the creditor or owner from any requirement of this section.
A. 
If the owner of a commercial or residential property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a commercial or residential property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the exterior of the property is found to be a nuisance or in violation of any ordinance of the Township of Bordentown, the public officer or designee, shall notify the creditor or the representative or agent of an out-of-state creditor, as applicable, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, as required by the Municipal Code of the Township of Bordentown. The Township shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of up to 30 days from the creditor's receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to the public health and safety, for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the Township may impose penalties allowed for the violation of municipal ordinances.
B. 
Any creditor which has a pending summons and complaint in action to foreclose on a property that has become vacant and abandoned shall, within 30 days thereof:
(1) 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Township Code, or as required by the Director of Community Development or the Construction Official, or as set forth in rules and regulations supplementing those codes;
(2) 
Post a sign affixed to the building indicating the name, address and telephone number of the authorized agent who shall be responsible for receiving complaints of property maintenance and code violations and who shall be responsible for any care, maintenance, security or upkeep of the property. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches; and
(3) 
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete.
Any creditor filing a summons and complaint in action to foreclose and any owner of vacant and abandoned property shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property has been deemed vacant and abandoned at any time while the property is registered pursuant to this chapter. Failure to care for, maintain, secure and upkeep the exterior of the property shall result in enforcement actions pursuant to the enforcement procedures prescribed in Chapter 355.
A. 
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 (N.J.S.A. 40:48-2.12s2), shall pay an annual registration fee in the amount set forth in Chapter 260, Fee Schedule, of the Code of the Township of Bordentown. An additional registration fee in the amount set forth in Chapter 260, Fee Schedule, shall be paid by the creditor if such property shall become vacant or abandoned pursuant to the definition in this article when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to the definition in this article at any time thereafter while the property is in foreclosure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Annual registration fees shall be paid within 10 days of the serving the summons and complaint in an action to foreclose or within 30 days of the property being deemed vacant or abandoned.
C. 
Annual registration fees shall be valid for a period until December 31 of the calendar year in which it was paid except where a property is registered after September 1. In such an instance, the registration shall remain valid until December 31 of the subsequent calendar year.
D. 
All annual registration fees for the subsequent year shall be paid by January 1 of the following year except as otherwise noted. The property registration fee schedule is set forth in Chapter 260, Fee Schedule, of the Code of the Township of Bordentown.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
A creditor subject to the provisions of this article found by the Municipal Court of the Township of Bordentown or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed in Subsection B, shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this section 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.
B. 
An out-of-state creditor subject to the provisions of this chapter found by the Municipal Court of the Township, 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 the 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 Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
Nothing in this chapter and rules is intended to nor shall be read to conflict or prevent the Township from taking action against buildings found to be unfit for human habitations or unsafe structures as provided in applicable provisions of the Code of the Township of Bordentown, the Uniform Construction Code, or any other pertinent code which enforcement measures are vested with the Township. Further, any action taken under any such Code provision other than the demolition of a structure shall not relieve an owner from its obligations under this chapter.