The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY
Any real property located in Franklin Township, whether vacant
or occupied, that a complaint and summons has been filed with respect
to foreclosure on a mortgage, has had a lis pendens filed against
it by the lender holding a mortgage on the property, is subject to
an ongoing foreclosure action by the lender, is subject to an application
for a tax deed or pending tax assessors lien sale, or has been transferred
to the lender under a deed in lieu of foreclosure. The designation
of a property as "abandoned" shall remain in place until such time
as the property is sold or transferred to a new owner, the foreclosure
action has been dismissed, and any default on the mortgage has been
cured.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
APPLICABLE CODES
Includes, but shall not be limited to, the Township of Franklin
Zoning Code, the Franklin Township Code and the New Jersey Building
Code.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Franklin
Township Code; or
D.
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 lack
maintenance as required by the Franklin Township Code and Zoning Code.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
Code Enforcement Office employee, fire inspector or building inspector,
or any other person authorized by the Township of Franklin to enforce
the applicable code(s).
OWNER
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.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
RESPONSIBLE PARTY
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property pursuant to
Section 17 of P.L. (N.J.S.A. 2008, c. 127 (N.J.S.A. 46:10B-51).
STREET ADDRESS
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
A.
Any residential or commercial building which is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, and at which 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 property 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 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
B.
For the purposes of this section, a residential property shall
not be considered "vacant and abandoned" if, on the property:
(1)
There is an unoccupied building which is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations, and statutes;
(2)
There is a building occupied on a seasonal basis, but otherwise
secure; or
(3)
There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute.
C.
In addition to the residential mortgage foreclosure procedures
set out in the Fair Foreclosure Act, P.L. 1995, c. 244 (N.J.S.A. 2A:50-53
et seq.), a summary action to foreclose a mortgage debt secured by
residential property that is vacant and abandoned may be brought by
a lender in the Superior Court. In addition, a lender may, at any
time after filing a foreclosure action, file with the court, in accordance
with the rules governing the Courts of the State of New Jersey, an
application to proceed in a summary manner because the residential
property that is the subject of the foreclosure action is believed
to be vacant and abandoned; provided, however, that this section shall
not apply to a foreclosure of a timeshare interest secured by a mortgage.
D.
Service of notice.
(1)
In addition to the service of process required by the Rules
of Court, a lender shall establish, for the entry of a residential
foreclosure judgment under this section, that a process server has
made two unsuccessful attempts to serve the mortgagor or occupant
at the residential property, which attempts must be at least 72 hours
apart, and during different times of the day, either before 12:00
noon, between 12:00 noon and 6:00 p.m., or between 6:00 p.m. and 10:00
p.m.
(2)
In addition to any notices required to be served by law or the
Rules of Court, a lender shall, with any order to show cause served
as original service of process or a motion to proceed summarily, serve
a notice that the lender is seeking, on the return date of the order
to show cause, or on the date fixed by the court, to proceed summarily
for entry of a residential foreclosure judgment because the property
is vacant and abandoned.
(3)
When a property is deemed vacant and abandoned as herein defined,
a lender shall not be required to serve the debtor with the notice
to cure required by Section 6 of the Fair foreclosure Act, P.L. 1995,
c. 244 (N.J.S.A. 2A:50-58).
E.
Final residential mortgage foreclosure judgment.
(1)
The court may enter a final residential mortgage foreclosure judgment under this section upon a finding, by clear and convincing evidence, that the residential property is vacant and abandoned as defined under Subsection
A of this definition and that a review of the pleadings and documents filed with the court, as required by the Rules of Court, supports the entry of a final residential mortgage foreclosure judgment.
(2)
A final residential mortgage foreclosure judgment under this
definition shall not be entered if the court finds that:
(a)
The property is not vacant or abandoned; or
(b)
The mortgagor or any other defendant has filed an answer, appearance,
or other written objection that is not withdrawn and the defenses
or objection asserted provide cause to preclude the entry of a final
residential mortgage foreclosure judgment.
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 Franklin Township above and beyond
any other state, county or local provisions for same.
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 Franklin Township.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
Franklin Township 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 Franklin Township Code Enforcement
office within 45 days for a final courtesy inspection report.
Any person, firm or corporation which shall oppose, obstruct or resist any enforcement officer or any person authorized by this article in the discharge of duties as provided in this article shall be subject to penalties as set forth in §
183-56.
Any code enforcement officer or any person authorized by the
Township 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 article.