[HISTORY: Adopted by the Township Committee of the Township
of Shamong 11-1-2022 by Ord. No. 2022-14.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 137,
Property, Vacant and Abandoned, adopted 12-3-2019 by Ord. No. 2019-11.
It is the purpose and intent of the Committee to establish a
process to address the deterioration, crime, and decline in value
of Township neighborhoods caused by property with foreclosing or foreclosed
mortgages located within the Township, and to identify, regulate,
limit and reduce the number of these properties located within the
Township. It has been determined that owner-occupied structures are
generally better maintained when compared to vacant structures, even
with a diligent off-site property owner. Vacant structures or structures
owned by individuals who are economically strained and unable to meet
their mortgage obligations are often not properly or diligently maintained,
which contribute to blight, declined property values, and have a negative
impact on social perception of the residential areas where they are
located. It is the Committee's further intent to establish a
registration program as a mechanism to help protect neighborhoods
from becoming blighted through the lack of adequate maintenance of
properties that are in foreclosure or foreclosed and to provide a
mechanism to avert foreclosure actions through timely intervention,
education, or counseling of property owners. The Township may contract
with a third-party administrator selected in accordance with state
law.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any real property located in the Municipality that 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.
To include, but not be limited to, the Municipality's
Zoning Code, the Municipality's Code of Ordinances ("Municipality
Code"), and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Municipality
Code; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lacks
maintenance as required by the Municipality and zoning codes.
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 chapter. For purposes
of this chapter, 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.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Municipality to enforce the requirements
of this chapter and any applicable code(s).
The Township of Shamong.
Any person, legal entity or other party having any ownership
interest whether legal or equitable, in real property. This term shall
also apply to any person, legal entity or agent responsible for the
construction, maintenance or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Abandoned or abandoned real property as defined above.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Municipality above and beyond any
other state, county or local provisions for same.
Pursuant to the provisions of this chapter, the Municipality
or designee shall administer this registration program either directly
or through a third-party administrator, including cataloging each
abandoned property within the Municipality, containing the information
required by this chapter.
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), register the residential
or commercial property with the municipality's property registration
program as a property in foreclosure and, as part of that registration:
1) provide the municipality 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 in accordance with the definition
in the ordinance required by Paragraph (8) of this subsection.
B.
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 the property
registration program 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.
C.
If the registered property becomes vacant or abandoned (as defined
in this chapter) after the property is initially registered with the
municipality, the creditor filing a summons and complaint in an action
to foreclose shall update the property registration with the municipality
to reflect the change in the property's status.
D.
A foreclosing creditor located outside of the State of New Jersey
shall appoint a representative or agent in the State of New Jersey
to act for said foreclosing creditor. Notwithstanding anything to
the contrary herein, an out-of-State creditor found by the municipal
court of the municipality, 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 ordinance 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.
E.
A nonrefundable annual registration fee in the amount of $500 per
property, shall accompany the registration. An additional $2,000 registration
fee per property shall be due annually if the property is vacant or
abandoned (as defined in this chapter) when the summons and complaint
in an action to foreclose is filed, or becomes vacant and abandoned
(as defined in this chapter) at any time thereafter while the property
is in foreclosure.
F.
All fees must be paid directly from foreclosing creditor.
G.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
H.
Properties subject to this section shall remain under the annual
registration requirement, and the requirements of this chapter as
long as they remain in foreclosure.
I.
Any foreclosing creditor that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
J.
Failure of the foreclosing creditor to properly register or to modify
the registration form as required herein to reflect a change of circumstances
as required by this chapter is a violation of the article and shall
be subject to enforcement.
K.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Municipality
may take the necessary action to ensure compliance with and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance consistent with this Code
and the statutes of the State of New Jersey.
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, including but not limited to the following:
A.
Properties 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, printed material
or any other items that give the appearance that the property is abandoned.
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.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance shall include, but not be limited to, grass, weeds,
ground covers, bushes, shrubs, hedges or similar plantings, decorative
rock or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with Chapter 137 of the Township of Shamong's Code of Ordinances. Pursuant to a finding and determination by the Municipality's Code Enforcement Officer or a court of competent jurisdiction, the Municipality may take the necessary action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.
Properties subject to this chapter 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 unauthorized access the interior of the property or
structure. Broken windows, doors, gates and other openings of such
size that may unauthorized allow access to the interior of the property
or structure must be repaired. Broken windows shall be secured by
reglazing of the window and boarding of broken windows is prohibited.
C.
A creditor filing a summons and complaint in an action to foreclose
shall designate a property manager to perform the work necessary to
bring the property into compliance with the applicable code(s), and
the property manager must perform regular monthly inspections to verify
compliance with the requirements of this chapter, and any other applicable
laws.
D.
A creditor filing a summons and complaint in an action to foreclose
shall post 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, or 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 with the property
registration program.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Municipality.
Any person who shall violate the provisions of this chapter
may be cited and fined as provided in this Code and/or applicable
New Jersey Statutes. The following table shows violations of these
sections, as may be amended from time to time, which may be enforced
pursuant to the provisions of this regulation; and the dollar amount
of civil penalty for the violation of these sections as it may be
amended from time to time. The descriptions of "violations" below
are for informational purposes only and are not meant to limit or
define the nature of the violations or the subject matter of this
Code, except to the extent that different types of violations of the
Code may carry different civil penalties. For each Code section listed
in the schedule of civil penalties, the entirety of the section may
be enforced by the mechanism provided in this section, regardless
of whether all activities prescribed or required are described in
the "Description of Violation" column. To determine whether a particular
activity is prescribed or required by this Code, the relevant Code
section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Except as otherwise provided herein, failure to comply with
the requirements of this chapter and/or any violation of the sections
stated within this chapter.
|
Up to $1,500 each day of the violation
|
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s) and the owner shall be responsible for meeting
with the Municipality's Code Enforcement Officer within 45 days
for a final courtesy inspection report.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health safety and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before a court of competent
jurisdiction as soon as possible to address the conditions of the
property.
B.
A court of competent jurisdiction shall have the authority to require
the mortgagee and/or owner of record of any property affected by this
section, to implement additional maintenance and/or security measure,
including, but not limited to, securing any and all doors, windows
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.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then a
court of competent jurisdiction may direct the Municipality to abate
the violations and charge the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the Municipality for the cost
of temporarily securing the property, or of any abatement directed
by the court of competent jurisdiction within 30 days of the Municipality
sending the mortgagee the invoice, then, consistent with the applicable
provisions of this Code or the Statutes of the State of New Jersey,
the Municipality may lien the property with such cost, along with
an administrative fee of $500 to recover the administrative personnel
services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Municipality
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this chapter.
Registration and penalty fees outlined in this chapter may be
modified by the Council for the Township of Shamong in accordance
with applicable law.
