[1976 Code § 60-1; Ord. No. 86-14]
It is hereby determined that the public health, safety and welfare
of the residents of the Township of Holmdel should not be impaired
by the neglected maintenance of property and storage of unsightly
equipment.
[1976 Code § 60-2; Ord. No. 86-14]
The purpose of this chapter is to:
[1976 Code § 60-3; Ord. No. 86-14]
This chapter is hereby declared to be remedial, preventive and
essential for the public interest, and it is intended that it be construed
liberally to effectuate the purposes as stated herein.
[1976 Code § 60-4; Ord. No. 86-14]
It shall be the responsibility of every property owner, operator
or occupant to maintain in a safe and orderly condition all property
in the Township of Holmdel where they own, use, occupy or have maintenance
responsibility for in accordance with the standards and regulations
established herein.
[1976 Code § 60-5; Ord. No. 86-14; Ord. No. 95-21 § 1; Ord. No. 2001-02 § I; Ord. No. 2005-40 § I; Ord. No. 2017-17]
The following standards and regulations are hereby adopted by
the Township Committee:
a.
Vacant Lots. All grass, weeds and similar growth shall be cut between
the sidewalk and the curb and for a minimum distance of six feet behind
the sidewalk. On properties where there are no sidewalks, then this
type of growth shall be cut a minimum of six feet behind the face
of the curb or the edge of the street pavement where no curbs exist.
The grass, weeds and similar growth shall be cut so as not to exceed
six inches in height.
b.
Lots on Which Structures Exist. All grass, weeds and other similar
growth shall be cut from the curbline, or the edge of the pavement
when there is no curb, to the rear property line and from side property
line to side property line so that the grass, weeds or other similar
growth shall not exceed six inches in height.
c.
Exceptions to Paragraphs a and b. Where land conditions prevent the
ready accessibility of an individual to cut grass, weeds and other
similar growth or where especially large properties are involved,
the enforcing officer(s) may allow a deviation from the provisions
of paragraph a or b.
d.
The exterior of all premises shall be kept free of the following:
1.
Refuse or rubbish as herein defined except:
(a)
Garbage and refuse stored for regular scheduled pickup according
to the Holmdel Township Code.
(b)
Compost pile(s) which comply with the following standards:
(1)
Each compost pile shall not exceed four feet each in height,
width and length. If a compost pile shall consist of "bins" to facilitate
turning of the compost material, it shall be limited to two such bins,
each of which shall not exceed four feet each in height, width and
length.
(2)
Lots five acres or less in area shall be limited to one compost
pile. Lots more than five acres in area may have one compost pile
for each five acres in area or fraction thereof.
(3)
All compost piles must be at least 10 feet from all property
lines.
(4)
All compost piles shall be maintained in such a manner as not to create a nuisance or serve as harborage for insects and rodents as defined in Section II, subsection 2.1, paragraphs a, b, c, g, h and i of the Public Health Nuisance Code of New Jersey (1953) as adopted by Chapter BH5 of the Revised General Ordinances of the Board of Health of the Township of Holmdel.
(5)
Only vegetative yard waste (e.g. leaves, grass clippings, vegetative
garden debris) and vegetative kitchen waste (e.g. fruit and vegetable
scraps) shall be composted. No animal wastes (e.g. meat, bones, fat,
dairy, pet wastes) shall be composted.
(6)
None of the foregoing standards shall apply to compost piles
maintained for agricultural purposes on property which is qualified
pursuant to the Farmland Assessment Act and is actively used for agricultural
purposes.
2.
Abandoned, uncovered or structurally unsound wells, shafts, towers,
cellar openings, foundations, excavations or holes.
3.
Abandoned ice boxes, refrigerators, boilers, hot water heaters, toilets,
television sets and other similar appliances.
4.
Stagnant surface or ponding ground water accumulation which is not
associated with natural occurrences or man-made lakes or ponds used
for recreation, fishing or aesthetic purposes.
5.
Nuisances, as herein defined.
6.
Vehicles or parts thereof, including boats and trailers, authorized
or not, licensed or unlicensed, registered or unregistered, which
vehicles or parts thereof are not located on an improved driveway
consisting of stone or pavement or have been junked, abandoned or
dismantled.
(a)
Notwithstanding the foregoing provision, in a residential zone,
any currently unregistered motor vehicle shall not be parked outside
on any property for more than 30 days; and at no time shall any vehicle
be in any state of major disassembly, disrepair or in the process
of being stripped or dismantled. Nothing herein shall prevent ordinary
repairs or maintenance of any vehicle by the residents of the property.
(b)
Notwithstanding the foregoing provision, in other than a residential
zone, any currently unregistered motor vehicle shall not be permitted
on any property in any business, commercial or industrial zone for
more than 30 days and at no time shall any vehicle be in any state
of major disassembly, disrepair or in the process of being stripped
or dismantled. At no time shall any vehicle undergo major overhauling,
including body work, outside on any property in a business, commercial
or industrial zone, except at an approved automobile establishment.
(c)
The provision of paragraph (a) or (b) above shall not apply
to the premises of a business lawfully and regularly engaged in the
sale of new or used vehicles, nor to the storage of vehicles, provided
same are shielded from public view by a fence, living fence or a tailored
cover.
7.
Any accumulation of unused articles whether named or unnamed herein,
for the purpose of salvage, refuse, sale or collection unless same
is enclosed in a structure with four sides and a roof. Any such structure
must comply with all Building and Zoning Codes of the Township.
e.
The accumulation of dirt, silt, branches, leaves or other debris
conveyed by ground water or surface run-off onto public or private
roads, highways or a neighbor's property shall be prohibited.
f.
Exterior of Premises. The exterior of every structure or accessory
structure not inherently resistant to decay shall be maintained in
good repair and all surfaces shall be kept painted or otherwise provided
with a protective coating sufficient to prevent structural deterioration
and to maintain its appearance. They shall be maintained free from
broken glass, loose shingle, crumbling stone or brick, excessive peeling
paint or other condition indicative of deterioration or inadequate
maintenance so that the property may be preserved, safety and fire
hazards eliminated, adjoining properties and neighborhoods protected
from like conditions and property values preserved.
g.
Safety From Fire. All owners of unoccupied or vacant buildings shall
comply with the applicable provisions of the New Jersey Fire Safety
Code N.J.A.C. 5:70 et seq. and any local ordinances and the following
additional standards for safety from fire:
1.
No unoccupied or vacant building shall contain any space utilized
for the storage of flammable liquids and/or compressed flammable gases.
2.
No room within any vacant or unoccupied building shall be used for
storage of junk, rubbish or wastes, furniture or building materials
not intended to be used in the existing building.
3.
In order to promote the early detection and containment of fire,
the boarding up of windows and doors shall not be permitted except
with the permission of the Township's Fire Official or Construction
Official in emergency situations. When the windows and doors are allowed
to be boarded up, they shall be covered with no less than 1/2 inch
thick exterior plywood or equivalent and be painted the same color
as the body of the building. In no case shall boarding up of windows
or doors be permitted in excess of six months, except pursuant to
an extension granted as outlined below. Should an owner find it necessary
to board up windows and doors in excess of six months, a written appeal
seeking permission to do so must be filed with the Township's Fire
Official prior to the expiration of the initial six-month period.
At the time of such appeal, all circumstances shall be set forth in
a written affidavit supporting the owner's request for an extension
of the board-up. Based upon the information set forth in the affidavit,
such other circumstances regarding the property as may be revealed
from an inspection of it, and any other relevant information or circumstances
of which the Township's Fire Official may be aware, bearing upon the
request, the Fire Official shall make a determination whether or not
to grant the extension request. Such determination shall set forth
the factors considered and the reasons for the decision. The written
determination shall be sent by regular mail or personal delivery to
the owner. The determination of the Township's Fire Official shall
be final unless reversed by a court of competent jurisdiction.
h.
The owner of any land subject to a conservation easement, landscape
easement, or open space easement shall be responsible for the easement
area and for the health of the vegetation and the condition of other
natural features located therein, consistent with the provisions of
this chapter. The responsibility of the owner shall include the obligation
to inspect the premises on a regular basis and after storms for hazardous
conditions that may pose a threat to adjacent properties, when necessary
to obtain any required permission from the Township, and to promptly
correct such hazardous conditions. This obligation may be reflected
in the language of the easement itself, is applicable even if not
specified in the easement, and shall accompany any transfer of title
to the property.
[1976 Code § 60-6; Ord. No. 86-14]
As used in this chapter:
Shall mean those portions of a building or structure which
are exposed to public view or are visible from adjoining or adjacent
lots, including all outside surfaces and appurtenances thereto, and
the open land space of any premises outside of any building or structure
erected thereon.
Shall mean:
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Township
of Holmdel.
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of premises where the said conditions exist.
Shall mean all discarded, useless, unusable, combustible
and noncombustible waste materials, including but not limited to garbage,
trash, ashes, paper, paper goods and products, wrappings, cans, bottles,
containers, yard clippings, garden waste, debris, junk, glass, boxes,
crockery, wood, mineral matter, plastic, rubber, leather, furniture,
household goods, appliances, bedding, scrap lumber, scrap metal, construction
materials, inoperable machinery or parts thereof, dead or rotting
vegetation, trees, abandoned, inoperative or unusable automobiles
and vehicles and solid commercial or industrial waste.
[1976 Code § 60-7; Ord. No. 86-14; Ord. No. 2017-17]
a.
Enforcement Officer. This chapter may be enforced by any official
or office of the Township. Such officials shall in the performance
of his or her duties herein, be deemed the enforcement officer.
b.
Enforcement Procedure. Whenever an enforcement officer determines
that there is a violation of any provision of this chapter, he shall
give notice of such violation to the person, persons or entities responsible
thereof under this section. Such notice shall be in writing and shall
include a concise statement of the reasons for its issuance. Such
notice shall be deemed to be properly and sufficiently serviced if
a copy thereof is sent by registered or certified mail to the last
known address of the person or entity upon which the same is served,
as shown by the most recent tax records of the municipality, or a
copy thereof handed to the person or persons, or a copy thereof left
at the usual place of abode or office of the persons or entities.
Notice shall be given as aforesaid within or without the municipality.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted within 10 days of the date of service
of such notice (exclusive of the date of service), a summons shall
be issued for such violation. The enforcement officer may extend the
period for compliance with the requirements of this section in regard
to the violation stated in the notice for a period in excess of the
aforesaid 10 days if in his judgment, the abatement, removal, prevention,
cessation or cure of the condition violated cannot reasonably be effected
within the ten-day period; and in such cases, the enforcement officer
shall state such reasonably required extended period of the notice,
which shall then be applicable instead of the aforesaid 10 days. In
the event the violation is not abated, removed, cured, prevented or
desisted from or otherwise fully remedied within the ten-day period
or within such extended period as set forth in the notice, pursuant
to the foregoing, a summons shall be issued against the person, persons,
entity or entities so notified. Any extension beyond 60 days must
be approved by the Mayor and Township Committee. The enforcement officer
shall not be required to provide notice as outlined in this section
prior to issuance of a summons to any person, persons, entity, or
entities previously afforded notice for the same or similar violations
in the past one-year period.
c.
Emergency Conditions. Whenever the enforcement officer finds that
an emergency condition in violation of the chapter exists, which condition
requires immediate attention in order to protect the public health
or safety, he may issue an order by service of notice as set forth
in paragraph b above, reciting the existence of such an emergency
condition and requiring that such action be taken by the violator
as soon as is reasonably necessary to meet the emergency. Notwithstanding
any other provision of this chapter to the contrary, such order shall
be effective immediately. Any person to whom such an order is directed
shall comply therewith immediately, and upon objection in writing
to the enforcement officer, any such person shall be afforded a hearing
before the Governing Body of the Township as soon as is reasonably
possible. After such a hearing and decision by the Governing Body
as to the existence or nonexistence of the emergency condition, the
Governing Body may continue such order in effect, or modify or withdraw
it, subject to the issuance of a summons for violation thereof if
such order is continued.
[1976 Code § 60-8; Ord. No. 86-14; Ord. No. 2006-07 § VII]
[Ord. No. 96-40 § I]
Except as otherwise provided by subsection 11-1.5c, it shall be the duty of the owner, tenant or person in possession of any dwelling or lands in the Township, except for dedicated conservation easements, to keep the lands free of brush, weeds, grass of six inches or higher, heavily matted cut grass, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, litter, trash and debris, and any solid waste stored in such a way that is accessible to and likely to be strewn about by animals such as but not limited to dogs, cats, raccoons, birds or rodents, where the same are inimical to the preservation of public health, safety and general welfare of the Township, or which may constitute a fire hazard.
[Ord. No. 96-40 § I]
If the reported conditions are found to exist, after an investigation
of any complaint of a resident, officer, or employee of the Township
relative to a violation of this section or upon his own initiative,
the Code Enforcement Officer or his/her designee shall direct that
a notice be sent to the owner, tenant or person in possession of the
dwelling or land complained of in writing either personally or by
registered or certified mail to remove such brush, weeds, grass, dead
or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash
or other debris within a period not less than 72 hours nor more than
10 days. Notwithstanding the foregoing, it if shall appear to the
Code Enforcement Officer or his designee that a second or subsequent
violation of this section has occurred within a six-month period as
to the same property, the notice requirements of this section shall
not be applicable unless during that six-month period the legal title
to the property shall have changed or possession of same shall have
been changed. In such case involving an alleged second or subsequent
violation, the Code Enforcement Officer may issue a notification demanding
immediate abatement of the condition and/or issue a summons for the
violation of this section without any further notification.
[Ord. No. 96-40 § I]
If the owner, tenant or person in possession of the dwelling
or lands in question shall fail to abate the condition complained
of within the time period specified after receipt of notice, the Code
Enforcement Officer shall cause the condition complained of to be
abated, either by action of the Department of Public Works or by engagement
of an outside contractor, and shall certify the cost to the Township
Committee, which shall examine the certificate and, if it is correct,
cause the cost as shown thereon to be charged against the dwelling
or lands. The amount so charged shall forthwith become a lien upon
the dwelling or lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such dwelling and
lands, shall bear interest at the same rate as taxes, and shall be
collected and enforced by the same officer and in the same manner
as taxes. Costs shall be in addition to any penalties imposed for
any violation of this section.
[Ord. No. 96-40 § I; Ord. No. 2006-07 § VIII]
[Ord. No. 2017-16]
a.
CREDITOR – Shall mean, consistent with section 3 of P.L. 2008,
c. 86, a State chartered bank, savings bank, savings and loan association
or any credit union, or any person required to be licensed under the
provisions of the "New Jersey Residential Mortgage Lending Act," and
any entity acting on behalf of the Creditor named in the debt obligation,
including but not limited to, mortgage loan servicers.
b.
PUBLIC OFFICER – Shall mean the Code Enforcement Officer or
his/her designee.
c.
VACANT AND ABANDONED RESIDENTIAL PROPERTY – Shall mean, consistent with section 1 of P.L. 2010, c.70 (C.2A:50-73), residential real estate for which a notice of violation has been issued pursuant to Section 11-3 of this chapter and subsection b of section 1 of P.L. 2014, c.35 (C.40:48-2.12s). Where a notice of violation has not been issued pursuant to Section 11-3.3 of this chapter and subsection b of section 1 of P.L. 2014, c.35 (C.40:48-2.12s), residential property shall be deemed vacant and abandoned where a mortgaged property is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to section 4 of the "Fair Foreclosure Act," P.L. 1995, c.244 (C.2A:50-56) and at least two of the following conditions exist:
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;
5.
The accumulation of junk, litter, trash or debris on the property;
6.
The absence of window treatments such as blinds, curtains or shutters;
7.
The absence of furnishings and personal items;
8.
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
9.
Windows or entrances to the property that are boarded up or closed
off or multiple window panes that are damaged, broken and unrepaired;
10.
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
11.
A risk to the health, safety or welfare of the public, or any adjoining
or adjacent property owners, exists due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
12.
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;
13.
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;
14.
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
15.
Any other reasonable indicia of abandonment.
[Ord. No. 2017-16]
a.
A Creditor filing a summons and complaint in an action to foreclose
on a vacant and abandoned property, or a Creditor who has previously
filed a summons and complaint to foreclose on a residential property
which subsequently becomes vacant and abandoned, shall within 30 calendar
days after the building becomes vacant and abandoned or within 30
calendar days after assuming ownership of the vacant and abandoned
property, whichever is later; or within 10 calendar days of receipt
of notice from the Township, and annually thereafter, file a registration
statement for such vacant and abandoned property with the municipal
clerk on forms provided by the Township for such purposes. Any failure
to receive notice from the Township shall not constitute grounds for
failing to register the vacant and abandoned property.
b.
Each vacant and abandoned property having a separate block and lot
number as designated in the official tax maps of the Township shall
be registered separately.
c.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years or older, designated by the Creditor as the 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.
d.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the abandoned and vacant property. The individual
or representative of the firm responsible for maintaining the abandoned
and vacant property shall be available by telephone or in person on
a twenty-four-hour per day, seven-day per week basis. The two entities
may be the same or different persons. Both entities shown on the statement
must maintain offices in the State of New Jersey or reside within
the State of New Jersey.
e.
The registration shall remain valid for one year from the date of
registration except for the initial registration which shall be valid
through December 31st of the year in which it was filed. The Creditor
shall be required to renew the registration annually as long as the
building remains vacant and abandoned and shall pay a registration
or renewal fee in the amount prescribed in paragraph i of this section
for each vacant and abandoned property registered.
f.
The annual renewal shall be completed by January 1st each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
g.
The Creditor shall notify the Municipal Clerk within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Municipal Clerk for
such purpose.
h.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township against the Creditor.
i.
Fee Schedule. The initial registration fee for each vacant and abandoned
property under the provisions of this section shall be $500. The fee
for the first annual renewal shall be $1,500 and the fee for the second
annual renewal shall be $3,000. The fee for any subsequent annual
renewal beyond the second renewal shall be $5,000.
[Ord. No. 2017-16]
a.
A Creditor filing a summons and complaint in an action to foreclose
on a residential property within the Township shall be immediately
responsible for the care, maintenance, security, and upkeep of the
exterior of the property, after the property becomes vacant and abandoned,
as defined in this section. This responsibility shall, include, but
not be limited to the following:
1.
Posting a sign affixed to the building indicating the name, address, and telephone number of the Creditor, consistent with subsection 11-3.1a, the Creditor's in-State authorized agent for the purpose of service of process consistent with subsection 11-3.2c, and the Creditor's agent responsible for the day-to-day supervision and management of the building, consistent with subsection 11-3.2d. The sign shall be 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 eight inches by 10 inches.
2.
Enclosing and securing the building against unauthorized entry as
provided in the applicable provisions of the Township Code or as set
forth in the rules and regulations supplementing those codes.
3.
Securing 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.
4.
Ensuring that the exterior grounds of the structure, including yards,
sidewalks, walkways, rights-of-way, alleys, retaining walls, attached
or unattached accessory structures, and driveways, are well-maintained
and free from trash, debris, loose litter, and grass and weed growth,
including provision for regular grass cutting as required by Township
Code.
5.
Providing for winterization of the property by the cessation of water
service to the property and the draining of water lines, other than
buildings with a fire sprinkler system.
6.
Providing for the cessation of electric or gas utility services to
the property, other than buildings with a fire safety system.
7.
Providing for Township access to the property to conduct exterior
and interior inspections of the building to determine compliance with
municipal codes, upon reasonable notice to the property owner or designated
agent.
b.
Where a Creditor is located out-of-State, the Creditor shall be responsible for appointing an in-State representative or agent to act on the Creditor's behalf for the purpose of satisfying the requirements of paragraphs c and d of subsection 11-3.2. Notice of said representative or agent shall be provided to the Township Clerk in a manner that is consistent with subsection a of section 17 of P.L. 2008, c.127 (C.46:10B-51a) (the "Save New Jersey Homes Act of 2008"), and shall further include the full name and contact information of the in-State representative or agent.
[Ord. No. 2017-16]
a.
Any public officer designated by the Township or authorized municipal official responsible for the administration of any property maintenance or public nuisance code shall be authorized to issue a notice to a Creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township, if an Enforcement Officer pursuant to subsection 11-3.5 determines that the Creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property, consistent with subsection 11-3.3a. Where a Creditor is an out-of-State Creditor, the notice shall be issued to the representative or agent that has been identified by the Creditor pursuant to subsection 11-3.3b of this chapter and the Save New Jersey Homes Act of 2008.
b.
The notice referenced in paragraph a of this subsection shall require
the Creditor to correct the violation(s) within 30 days of receipt
of the notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
c.
The issuance of a notice pursuant to paragraph a of this subsection
shall constitute proof that a residential property is vacant and abandoned
for the purposes of this chapter.
[Ord. No. 2017-16]
The duty of administering and enforcing the provisions of this
section is conferred upon the Municipal Clerk, Construction Official,
Zoning Officer, Township Police, and any other duly appointed representatives.
[Ord. No. 2017-16]
a.
A Creditor subject to this section that is found by the Municipal
Court of the Township, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct a care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
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 the Creditor's receipt of the notice, except
where the violation is deemed to present an imminent risk to the 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 this section that is 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 shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on an out-of-State 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 (C.46:10B-51) for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
c.
A Creditor subject to this section that is found by the Municipal Court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to register a vacant and abandoned property pursuant to subsection 11-3.2 shall be subject to a fine not exceeding $2,000. Any fines imposed on a Creditor under this paragraph shall commence 11 days following receipt of notice from the Township pursuant to subsection 11-3.2a.
d.
No less than 20% of any money collected by the Township pursuant
to this section shall be utilized by the Township for municipal code
enforcement purposes, pursuant to N.J.S.A. 40:48-2.12(s)(1)(d).
[Added 11-22-2022 by Ord.
No. 2022-30]
All words, terms, and phrases used within this section shall
be defined and interpreted consistent with their meanings as outlined
within P.L. 2021, c. 444, as may be amended from time to time.
Consistent with Section 3 of P.L. 2008, c. 86, a state-chartered
bank, savings bank, savings-and-loan association or any credit union,
or any person required to be licensed under the provisions of the
"New Jersey Residential Mortgage Lending Act,"[1] and any entity acting on behalf of the creditor named
in the debt obligation, including, but not limited to, mortgage loan
servicers, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. 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.
The Township Code Enforcement Officer or his/her designee.
A property shall be deemed "vacant and abandoned" for the
purpose of this section if:
The property is not legally occupied by the mortgagor or tenant;
and
The property is not legally reoccupied, because of at least
two of the following conditions:
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 residence 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, exists 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 any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
Any other reasonable indicia of abandonment.
[1]
Editor's Note: See N.J.S.A. 17:11C-51 et seq.
[Added 11-22-2022 by Ord.
No. 2022-30]
a.
The Township shall create and maintain a registry of all commercial
properties within its municipal boundary for which a summons and complaint
in an action to foreclose has been filed with the 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.
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 not
less than once per year, or as otherwise directed by the Township.
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 the
Tax Collector a certification identifying:
(a)
The address, block, lot and contact information of any property
for which registration fees under this section 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 Clerk or his or 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 section, 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.
[Added 11-22-2022 by Ord.
No. 2022-30]
a.
Within 30 days of the effective date of this section, any creditor who has initiated a summons and complaint with the Superior Court in an action to foreclose on a commercial mortgage for a property located with the Township: i) prior to the effective date of this section, and ii) which is pending as of the effective date of this section, shall provide notice in accordance with Subsection b of this section.
b.
Within 10 days of filing a summons and complaint with the Superior
Court in an action to foreclose on a commercial mortgage for a property
located in the Township, the creditor shall notify the Township Clerk,
or his or 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;
3.
Whether the property is vacant and abandoned in accordance with the
definition in this section;
4.
The full name, address, and telephone number 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, and telephone number 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
through the pendency of this 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 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 section;
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;
(b)
Secure the property against unauthorized entry;
(c)
Post a sign on the inside of the property, visible to the public,
containing 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;
(d)
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;
(e)
Provide proof, within 10 days of receiving a request by the
Township or its designee, that the above conditions have been satisfied;
(f)
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 or her designee shall notify the creditor
using the contact information provided in the property registry established
by this section.
[Added 11-22-2022 by Ord.
No. 2022-30]
a.
All fees, penalties, and/or fines established within this section
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 section, 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 section found to be in violation of any part of this section (with the exception of a violation pursuant to Subsection d1 of this subsection) shall be subject to a fine of $1,500 for each day of the violation. The violation shall be deemed to commence on the 31st 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 11th 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 section, 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.
