A.
The Township of Pennsauken shall create and maintain a registry of
all commercial and/or residential properties within its municipal
boundary for which a summons and complaint in an action to foreclose
has been filed with the New Jersey Superior Court, pursuant to its
authority granted by P.L. 2021, c. 444. This registry will be formed
and maintained to assist the Township with regulating the maintenance,
security, and upkeep of properties which may become vacant and abandoned
during the foreclosure process, in order to prevent the deleterious
effects of blight associated with vacant and abandoned properties
that are not maintained.
B.
The Township may, at its discretion, create, maintain, and administer
this registry independently, retain the professional services of a
third party pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1,
et seq., or participate in a shared services agreement with other
local units, counties, and/or county improvement authorities for the
creation, maintenance, and administration of the registry pursuant
to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1
et seq.
C.
Any third parties retained to create, maintain, and/or administer
the registry shall have the authority, on behalf of the Township,
to:
(1)
Identify properties subject to the registration requirement;
(2)
Maintain and update the registration list;
(3)
Communicate with creditors and/or in-state representatives;
(4)
Invoice and collect payment of fees;
(5)
Monitor compliance; and
(6)
Such other functions, within the scope of P.L. 2021, c. 444, which
may be deemed necessary to carry out its function on behalf of the
Township.
D.
Any third parties retained to create, maintain, and/or administer
the registry shall be required to comply with the following reporting
and payment requirements:
(1)
Any and all amounts collected by the third party as part of its administration
of the Township's registry, including registration fees, interest,
and penalties, shall be paid, in full, directly to the Township, or
Camden County, and/or county improvement authority, as applicable,
not less than once per year, or as otherwise directed by the Township's
public officer. No fees, payments, expenses, or other deductions shall
be made from this payment; payment for any third-party's services
under this article shall be made by the Township, or as applicable,
the county/county improvement authority, directly to the third party,
under the terms and conditions outlined within the contract for professional
services.
(2)
Not less than once per year on the first business day of each calendar
year, or as otherwise may be requested by the Tax Collector, any third
party administering the Township's registry shall file with Tax
Collector a certification identifying:
(a)
The address, block, lot, and contact information of any property
for which registration fees under this article are due and owing at
the time of the certification;
(b)
The amount of the registration fees, and separately, any interest,
fines, and other penalties due and owing at the time of the certification;
and
(c)
The date on which the property became eligible for inclusion
on the Township's registry.
E.
The Township's public officer or his/her designee shall serve
as the municipal official responsible for notifying creditors, establishing
and maintaining the registry, determining eligibility for designation
as a vacant and abandoned property under this article, and for imposing
fees, penalties, and/or violations. The responsibilities herein may
be designated to a third party, pursuant to the terms and conditions
of a contract for professional services consistent with P.L. 2021,
c. 444.
A.
Within 30 days of the effective date of this article, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Township of Pennsauken: (i) prior to the effective date of this article, and (ii) which is pending as of the effective date of this article, shall provide notice in accordance with Subsection B of § 244-3.
B.
Within 10 days of filing a summons and complaint with the New Jersey
Superior Court in an action to foreclose on a commercial and/or residential
mortgage for a property located within the Township of Pennsauken,
the creditor shall notify the Township Clerk, or his/her designee,
of the action. Such notice shall include:
(1)
The address, block, and lot of the subject property;
(2)
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;
(4)
The full name, address, telephone number, and email address for the
representative of the creditor who is responsible for receiving notice
of complaints of property maintenance and code violations;
(5)
The full name, address, telephone number, and email address of 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; and
(6)
If the creditor is out-of-state, the full name, address, and telephone
number of an in-state representative or agent who shall be responsible
for any care, maintenance, security, or upkeep of the property, and
for receiving notice complaints of property maintenance and code violations.
(7)
The notice requirements herein represent a continuing obligation
throughout the pendency of the foreclosure action. After initial notice
to the Township, creditors subject to the notice requirement shall
update the Township's property registration program within 10
days of any change in the information contained in the original or
any subsequent notices.
C.
Creditors of any commercial and/or residential mortgage required
to notify the Township pursuant to this section shall:
(1)
Register the property with the Township's property registration
program as a property in foreclosure, within 30 days of notifying
the Township;
(2)
Be subject to the registration fee, notice requirements, and penalties for noncompliance established within this Article II;
(3)
Update the property registration within 10 days of any change in
the information contained in the original notice to the Township;
(4)
If an out-of-state creditor, appoint an in-state representative or
agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Township;
(5)
Within 10 days of the property becoming vacant and abandoned at any
time during the pendency of the foreclosure action, the creditor shall:
(a)
Assume responsibility for the care, maintenance, upkeep, and
security of the exterior of the property, which shall include:
[1]
Keeping the property free of weeds, overgrown brush, dead vegetation,
trash, junk, debris, building materials, any accumulation of newspaper
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;
[2]
Keeping the property free of graffiti or similar markings by
removal or painting over with an exterior grade paint that matches
the color of the exterior structure;
[3]
Keeping all pools and spas free from stagnant water so the water
structure remains clear of pollutants and debris.
(b)
Secure the property against unauthorized entry, which 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
to access the interior of the property or structure. Broken windows,
doors, gates and other openings of such size that may allow a child
to access the interior of the property or structure must be repaired.
Broken windows shall be secured by reglazing of the window;
(c)
Post a sign on the inside of the property, visible to the public,
no smaller than 18 inches by 24 inches, containing the name, address,
telephone number, and email address of the creditor, or an out-of-state
creditor's in-state representative or agent, for the purpose
of receiving service of process;
(d)
If different than the person receiving service of process, the
sign posted inside the property must also include the name, address,
telephone number, and email address of the person responsible for
day-to-day supervision and management of the building;
(e)
Post the property with "no trespassing" signs of a nature sufficient
to give notice to any person entering upon the property that it is
against the law to enter the property without permission of the creditor;
(f)
Acquire and maintain a vacancy insurance policy which covers
any damage to any person or any property caused by any physical condition
of the property while registered with the Township's property
registration program;
(g)
Provide proof, within 10 days of receiving a request by the
Township or its designee, that the above conditions have been satisfied.
(h)
Cure any violations of the above requirements within 30 days
of receiving a notice of violation, or if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice.
(6)
Update the property registration within 10 days of the creditor becoming
aware that the property is deemed vacant and abandoned as defined
herein.
D.
If at any time the creditor is deemed to be in violation of the above requirements, and/or if the property is deemed to be in violation of any other applicable local or state maintenance, health, or safety codes, the Code Official or his/her designee shall notify the creditor using the contact information provided in the property registry established by this Article II.
A.
All fees, penalties, and/or fines established within this article
and assessable pursuant to the Township's authority outlined
within P.L. 2021, c. 444 shall be deemed a municipal charge in accordance
with N.J.S.A. 54:5-1, et seq.
B.
Creditors required to notify the Township and register a property
as one in foreclosure shall be required to pay the following annual
registration fee, per property, due at the time of registration: $500.
C.
If a property registered with the Township's registration program
as a property in foreclosure is vacant and abandoned at the time of
registration, or becomes vacant and abandoned at any time during the
pendency of the foreclosure proceeding, the creditor shall pay an
additional annual registration fee, per property, due at the time
the determination that the property is vacant and abandoned is made,
of: $2,000.
D.
Violations.
(1)
An out-of-state creditor subject to the notice and registration requirements of this Article II, found to be in violation of the requirement to appoint an in-state representative or agent, shall be subject to a fine of $2,500 for each day of the violation. The violation shall be deemed to commence on the day after the creditor's initial ten- or thirty-day requirement to notify the Township of applicable foreclosure actions.
(2)
A creditor subject to the notice and registration requirements of this Article II, found to be in violation of any part of this ordinance [with the exception of a violation pursuant to Subsection D(1)], shall be subject to a fine of $1,500 for each day of the violation. The violation shall be deemed to commence on the thirty-first day following the creditor's receipt of a notice of violation, or if deemed to present an imminent threat to public health and safety, on the eleventh day following the creditor's receipt of such notice.
E.
If the Township expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to this Article II, but failed to abate the nuisance or correct the violation as directed, the Township 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 N.J.S.A. 55:19-100, et seq.
