[HISTORY: Adopted by the Township Council of the Township
of River Vale 7-11-2016 by Ord.
No. 315-2016; amended in its entirety 7-25-2022 by Ord. No. 402-2022. Subsequent amendments noted where applicable.]
The provisions of this chapter have been enacted to protect
and preserve the public health, safety, welfare, security and quiet
enjoyment of residents and neighborhoods by requiring all property
owners, including lenders, trustees and service companies, to properly
maintain vacant and/or foreclosing properties; and regulating the
maintenance of vacant and/or foreclosing properties in order to prevent
blighted and unsecured properties.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When consistent with the context, words used in the present tense
include the future, words in the plural include the singular and words
in the singular include the plural. The word "shall" is always mandatory
and not merely directory.
An individual or entity having a right of foreclosure, including,
but not limited to, a state-chartered bank, savings bank, savings
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)], any entity acting on behalf of the creditor named
in the debt obligation, including, but not limited to, servicers,
or any successor in interest and/or assignee of the creditor's
rights, interests or obligations under the document granting foreclosure
rights. 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.
Consecutive calendar days.
The legal process by which the creditor of a titleholder
of a parcel of property, which has been placed as collateral or security
for a financial obligation, seeks to divest the titleholder of his
rights to the property and have the property sold at a sheriff's
sale to satisfy the debt after the titleholder defaults on the aforesaid
financial obligation.
Any commercial, industrial and mixed-use real estate, or
portion thereof, located in the Township of River Vale, including
improvements thereon.
Any nuisance known at common law or inequity jurisprudence or
as provided by the statutes of the State of New Jersey or the ordinances
of the Township.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, boats, any structurally unsound fences
or structures, lumber, trash, fences, debris or vegetation, such as
poison ivy, oak or sumac, which may prove to be a hazard for inquisitive
minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this
Code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this Code.
Fire hazards.
Any person who, alone or jointly with several others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or who shall have charge, care or control
of any property unit as owner or agent of the owner, including, but
not limited to, a lessee, executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate or as a foreclosing mortgagee
or mortgagee in possession, regardless of how that possession was
obtained. Any person who is a lessee subletting or assigning any part
of any property or property unit shall be deemed to be co-owner with
the lessor and shall have joint responsibility over the portion of
the premises sublet or assigned by said lessee.
Any real estate, including residential, commercial, industrial
and mixed-use, or portion thereof, located in the Township of River
Vale, including any improvements thereon.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Measures taken to ensure that the property is inaccessible
to unauthorized persons.
The Township of River Vale.
With regard to any property, that no portion of the property
is legally occupied. A property shall not be deemed "vacant," for
purposes of this chapter:
Where there is a building on the property containing multiple
residential units, if any of the residential units are legally occupied;
Where the legal occupant has temporarily left the property for
vacation or other purposes for a period not exceeding 180 days, possessing
both the intent to return and the legal right to return, such as a
residential property owner or tenant who resides in another municipality
or state for a portion of the year; or
Where the building is under construction with current valid
construction permits, and work is being performed on the property
on a regular basis. A mixed-use property is considered vacant if the
portion of the property dedicated to commercial use is not legally
occupied even though one or more residential units may be legally
occupied.
A.
All owners of vacant residential property must register such vacant
properties with the Township of River Vale Clerk within 10 days of
such property becoming vacant. The registration must be renewed annually
as set forth below for as long as the property remains vacant.
B.
All owners of vacant nonresidential property must register such vacant
properties with the Township of River Vale Clerk within 30 days of
such property becoming vacant. The registration must be renewed annually
as set forth below for as long as the property remains vacant.
C.
Owners of vacant properties shall designate an individual or property
management company responsible for the security and maintenance of
the property. The individual or property management company responsible
for the security and maintenance of the property shall have an office
located in New Jersey within 25 miles of the property.
D.
The registration required by this section must contain the following
information:
(1)
The owner's name, telephone number, and mailing address. The
mailing address may not be a P.O. Box.
(2)
The street address and tax map designation (lot and block) of the
property.
(3)
Whether the property is residential, nonresidential, commercial or
mixed-use.
(4)
The name, telephone number, email address and mailing address of
an individual or property management company located in the State
of New Jersey which is responsible for the security and maintenance
of the property. The mailing address may not be a P.O. Box.
(5)
A statement from the owner certifying that the property was inspected
as required by this chapter.
(6)
Proof of utility (gas, electric, water) connections or disconnections.
E.
The owner shall have a continuing duty to notify the Township of
any changes to the information contained in the registration between
registration cycles.
F.
The Clerk of the Township of River Vale may promulgate forms on which
the information in the registration must be provided.
G.
The owner must notify the Township of River Vale Clerk if, at any
time subsequent to registration as a vacant property, the property
is no longer vacant, and provide proof that the property is no longer
vacant.
A.
The initial registration fee for vacant residential property shall
be $500 and must accompany the registration form. The initial registration
shall be valid for the remainder of the calendar year in which the
property is registered. Renewals for subsequent calendar years shall
run from January 1 to December 31, and payment of the renewal registration
fee shall be due by January 15 of the relevant year. The fee for the
first annual renewal shall be $1,000; the fee for the second annual
renewal shall be $3,000 and the fee for the third and subsequent renewals
shall be $5,000. Registration fees and renewal fees will not be prorated
or refunded.
B.
No fee shall be charged at the time the owner registers vacant nonresidential
property with the Township. If a tenant is not secured for the registered
vacant nonresidential property within six months of the date of registration
of the vacant nonresidential property, an initial registration fee
of $500 shall be charged to the owner. The initial registration shall
be valid for the remainder of the calendar year in which the property
is registered. Renewals for subsequent calendar years shall run from
January 1 to December 31, and payment of the renewal registration
fee shall be due by January 15 of the relevant year. The fee for the
first annual renewal shall be $1,000; the fee for the second annual
renewal shall be $3,000; and the fee for the third and subsequent
renewals shall be $5,000. Registration fees and renewal fees will
not be prorated or refunded.
C.
No governmental agency shall be required to pay the initial or renewal
registration fee.
A.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on commercial property in the Township of River Vale
shall, within 10 days of serving the summons and complaint, notify
the River Vale Township Municipal Clerk and the Mayor of the Township
of River Vale, in writing, that such summons and complaint to foreclose
on a mortgage has been filed against the subject property. 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 and
contact information 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. In the event the
creditor that has served a summons and complaint in an action to foreclose
on a commercial property is located outside the State of New Jersey,
then, in that instance, the notice shall also contain the full name,
address and telephone number 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 notice shall also include the street address, lot and block number
of the property.
B.
If there is any change in the name, address, or telephone number for the representative, agent, or individual authorized to accept service on behalf of the creditor required to be provided in a notice pursuant to this § 180-5 following the filing of the summons and complaint, the creditor shall provide a written notice to the River Vale Township Municipal Clerk containing the updated name, address, or telephone number within 10 days of the change in that information.
C.
All creditors that have initiated such a foreclosure proceeding on
any commercial property located in the Township of River Vale that
is pending in the Superior Court as of January 18, 2022, shall provide
the River Vale Township Municipal Clerk with a listing of all such
commercial properties in the Township of River Vale for which the
creditor has foreclosure actions pending by street address and lot
and block number no later than August 25, 2022.
D.
If the owner of a commercial property vacates or abandons any property
on which a foreclose proceeding has been initiated or if a commercial
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 the 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 applicable state
or local code, the River Vale Township Municipal Clerk, or other authorized
municipal officer, 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(s)
in the same manner and to the same extent as the title owner of the
property, to such standard or specification as may be required by
state law or municipal ordinance. Any notice sent by the Township
of River Vale pursuant to this section shall include a description
of the conditions that gave rise to the violation with the notice
of violation. The creditor shall have 30 days from the date of receipt
of the notice of violation to remedy the violation. If the creditor
fails to remedy the violation within the time period, the Township
of River Vale may impose penalties as allowed by the provisions of
the River Vale Township Code.
E.
If the Township of River Vale expends public funds in order to abate a nuisance or correct a violation on a commercial property in which the creditor was given notice pursuant to the provisions of § 180-11, but failed to abate the nuisance or correct the violation as directed, the Township of River Vale shall have the same recourse against the creditor as it would have against the title owner of the property, including, but not limited to, the recourse provided under Section 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
A.
A creditor filing a summons and complaint in an action to foreclose on a mortgage or other lien against any property in this Township, including, but not limited to, commercial or residential property, shall, in addition to the notice required to be provided to the Township of River Vale as set forth in § 180-5 above, within 10 days of filing the summons and complaint, register the property with the Township of River Vale Clerk as a property in foreclosure and provide all information as required by § 180-6I as part of the registration.
B.
The registration must be renewed as set forth below until title to
the property has been transferred to a new owner or the foreclosure
action is dismissed. A creditor who takes title to a vacant property
shall then be required to register as an owner of such vacant property,
and to renew such registration for as long as the property remains
vacant.
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 register a property pursuant to this § 180-6 following the filing of the summons and complaint, the creditor shall update the property registration within 10 days of the change in that information.
D.
Any 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 of River Vale,
update the property registration with the Township of River Vale to
reflect the change in the property's status within 10 days of
the date when the creditor learns that such property has become vacant
and abandoned.
E.
Any 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 Township of
River Vale as a property that is the subject of an action to foreclose.
F.
Any creditor that has filed an action to foreclose on a property located in the Township of River Vale, which is located out-of-state, shall be responsible for appointing an in-state representative or agent for and on behalf of the creditor. The pertinent information related to the representative or agent shall be disclosed to the Township of River Vale in accordance with § 180-5A.
G.
Any creditor that files a summons and complaint in an action to foreclose on a property in the Township of River Vale shall comply with the maintenance and care requirements set forth in this Chapter 180 and shall be subject to all penalties for any failure to maintain the property as set forth in § 180-11. Further, a creditor that files a summons and complaint in an action to foreclose on a property in the Township of River Vale that is or becomes vacant and abandoned shall be responsible for the care, maintenance, security and upkeep of the exterior of that property, including, but not limited to:
(1)
Securing the property against unauthorized entry;
(2)
Posting a sign affixed on 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;
(3)
Procuring and maintaining a policy of insurance insuring the property against liability, which policy of insurance shall name the Township of River Vale as an additional insured, and which policy of insurance shall provide adequate coverage for any damage or injury to any person or any property caused by any physical condition of the property while registered with the Township of River Vale as a property subject to an action of foreclosure, in accordance with § 180-8C.
H.
In addition to the definition of a "vacant" property found in § 180-2, for purposes of this § 180-6 a property in the Township of River Vale 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; the accumulation of junk, litter, trash,
or debris on the property;
(5)
The absence of window treatments such as blinds, curtains, or shutters;
(6)
The absence of furnishing and personal items;
(7)
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(8)
Windows or entrances to the property that are boarded up or closed
off, or multiple window panes that are damaged, broken, and unrepaired;
(9)
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
(10)
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;
(11)
An uncorrected violation of Township of River Vale building,
housing, or similar code during the preceding year, or an order by
River Vale Township authorities declaring the property to be unfit
for occupancy and to remain vacant and unoccupied;
(12)
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;
(13)
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(14)
Any other reasonable indicia of abandonment.
I.
The registration shall contain the following information:
(1)
The creditor's name, telephone number, email address and mailing
address. The mailing address may not be a P.O. Box.
(2)
The street address and tax map designation (lot and block) of the
property for which foreclosure has been sought.
(3)
Whether the property is residential, nonresidential, commercial or
mixed-use.
(4)
The name, telephone number, email address and mailing address of
a designated representative of the creditor who is located in the
State of New Jersey and is responsible for receiving complaints of
property maintenance and code violations for that property. The mailing
address may not be a P.O. Box.
(5)
Identify whether the property is vacant and abandoned.
(6)
If the property is vacant, the name, telephone number, and mailing
address of an individual or property management company located in
the State of New Jersey which is responsible for the care, maintenance,
security and upkeep of the property. The mailing address may not be
a P.O. Box.
(7)
If the property is vacant, a statement from the creditor certifying
that the property was inspected as required by this chapter.
(8)
If the property is vacant, proof of utility (gas, electric, water)
connections or disconnections.
(9)
If the property is vacant, proof of insurance meeting the requirements of § 180-8C of this chapter.
(10)
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.
J.
The creditor shall have a continuing duty to notify the Township
of any changes to the information contained in the registration between
registration cycles.
K.
The Township of River Vale Clerk may promulgate forms on which the
information in the registration must be provided.
L.
Pursuant to N.J.S.A. 40:48-2.12s3, an out-of-state creditor's failure to appoint an in-state representative or agent for residential properties is subject to fines set forth in § 180-11B of this chapter.
M.
Once the foreclosure action has terminated, either through dismissal,
or transfer of title, the creditor must provide proof of such termination,
sale, transfer or occupancy to the enforcement authority within 30
days of sale, exchange or transfer.
A.
The initial registration fee to be paid by a creditor filing an action
to foreclose on a property in the Township of River Vale shall be
$500 and must accompany the registration form. The initial registration
shall be valid for the remainder of the calendar year in which the
property is registered. Renewals for subsequent calendar years shall
run from January 1 to December 31, and payment of the renewal registration
fee shall be due by January 15 of the relevant year. Each subsequent
renewal fee shall be $500. An additional $2,000 per year shall be
due, for a total of $2,500 per year, if the property subject to an
action for foreclosure is or becomes vacant and abandoned at any time
while it is in foreclosure.
B.
No governmental agency shall be required to pay the initial or renewal
registration fee.
A.
Properties subject to the requirements of this chapter must be maintained
in accordance with the all applicable federal, state and local laws,
ordinances, rules and regulations. The owner, creditor, local individual
or local property management company, as appropriate, must inspect
the property twice a month for the duration of the vacancy or foreclosure
as appropriate.
B.
In addition to, and not in lieu of, meeting all other applicable
federal, state, and local laws, ordinances, rules and regulations,
owners, creditors, local individuals or local property management
companies must maintain property that is subject to this chapter as
follows:
(1)
Property shall be kept free of accumulated snow and ice, weeds, dry
brush, dead vegetation, trash, junk, debris, building materials, unregistered
vehicles, any accumulation of newspapers, circulars, flyers, notices
(except those required by law), and discarded personal items, including,
but not limited to, furniture, clothing, large and small appliances,
printed material or any other items giving the appearance that the
property is vacant.
(2)
Property shall be kept free of graffiti, tagging, or similar markings.
In the event that any graffiti, tagging, or similar markings are placed
on the property, it/they shall either be removed or painted over with
an exterior-grade paint matching the color of the portion of the structure
where the graffiti, tagging, or similar marking was placed.
(3)
Front yards, rear yards, and side yards of properties subject to
the requirements of this chapter shall be landscaped and maintained
to neighborhood standards. Landscaping and maintenance shall include,
but is not limited to, care of grass, mulch, decorative rock, artificial
turf/sod specifically designed for residential or commercial installation,
or other ground cover, bushes, shrubs, hedges, trees, or similar plantings,
removal or repair of gravel, broken concrete, asphalt, decomposed
granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar
material, in addition to regular watering, irrigation, cutting, pruning
and mowing of required vegetation and removal of all trimmings.
(4)
Any pool, spa, or other standing body of water shall either be kept
in working order so the water remains clear and free of growth, pollutants,
and debris, and does not become a harborage for vermin or insects;
or drained and kept dry. In either case, properties with pools or
spas must comply with the security fencing requirements of the Township.
C.
The owner of any vacant property shall acquire and maintain liability
insurance covering injury or damage to any person or any property
in not less than $300,000 for residential buildings, and $1,000,000
for nonresidential buildings or property.
D.
The owner shall be responsible for property maintenance. However, if the owner of a property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a property is or becomes vacant at the time of or 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 property is found to be a nuisance or in violation of any applicable state or local code, the enforcement authority shall notify the creditor, 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, to such standard or specification as may be required by state law or Township ordinance. The enforcement authority shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of 30 days (or 10 days if the violation presents an imminent threat to public health and safety) from the creditor's receipt of the notice for the creditor to remedy the violation. The issuance of a notice of violation pursuant to this section shall constitute proof that a property is vacant and abandoned for the purposes of N.J.S.A. 2A:50-73. If the creditor fails to remedy the violation within that time period, the Township may impose the penalties allowed for the violation of municipal ordinances pursuant to § 180-11 of this chapter against the creditor to the same extent as they could be imposed against the owner of the property.
E.
Adherence to this chapter does not relieve the owner or creditor
of obligations set forth in any other statute, regulation, ordinance,
or other source of authority or obligation.
The enforcement authority shall have the authority to inspect
the properties subject to this chapter for compliance and to issue
summonses for any violations.
Enforcement authority shall be vested in the Mayor of River
Vale, the River Vale Business Administrator, the River Vale Building
Department, and the River Vale Department of Health, and their respective
officials and inspectors. The River Vale Police Department and Department
of Public Works shall also have enforcement authority with respect
to this chapter. The Mayor and/or Business Administrator may also
designate, when necessary, enforcement duties to other Township departments.
A.
Any creditor subject to this Chapter 180 of the River Vale Township Code found by the River Vale Township Municipal Court to be in violation of any provision of this chapter, excluding only a violation addressed by § 180-11B below, shall be subject to a fine of $1,500 for each day of the violation. Any fine imposed pursuant to this § 180-11A 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 of violation.
B.
In addition to the provisions of § 180-11A above, pursuant to N.J.S.A. 40:48-2.12s3(g)(1), an out-of-state creditor's failure to appoint an in-state representative or agent for residential properties within 10 days of the service of the foreclosure summons and complaint shall be subject to a fine of $2,500 for each day of the violation.
Nothing contained herein shall prevent the Township from taking
action to abate a nuisance or correct a violation where the owner
or creditor, as applicable, has failed to abate the nuisance or correct
the violation on a vacant property or a property in foreclosure after
notice and the opportunity to abate or correct. In such situations,
the Township may impose a lien against the property for costs to correct
the violation or abate the nuisance. Such lien shall hereafter form
part of the taxes next to be assessed and levied upon said lands,
the same to bear interest at the same rate as such taxes to be collected
and enforced by the same officers and in the same manner as such taxes.
No governmental entity shall be required to register under this
chapter. However, nothing contained herein shall be construed as granting
exemption to the governmental entity from property maintenance or
other obligations imposed by any other statute, regulation, or ordinance.
Upon the effective date of this chapter, the owner of any currently
vacant property and a creditor pursuing a pending foreclosure shall
have 30 days within which to comply with the provisions of this chapter.
