[HISTORY: Adopted by the Borough Council of the Borough of
Medford Lakes 11-9-2022 by Ord. No. 691.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 180,
Properties, Abandoned, adopted 3-24-2016 by Ord. No. 631.
It is the purpose and intent of Council to establish a process
to address the deterioration, crime, and decline in value of Borough
neighborhoods caused by property with foreclosing or foreclosed mortgages
located within the Borough, and to identify, regulate, limit and reduce
the number of these properties located within the Borough. 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 contributes to blight, declined property values, and has a negative
impact on social perception of the residential areas where they are
located. It is Council'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 Borough 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 lack
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 section. For purposes
of this section, 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 Borough of Medford Lakes.
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 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 chapter 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 180 of the Borough of Medford Lakes' 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 to the interior of the property
or structure. Broken windows, doors, gates and other openings of such
size that may allow unauthorized 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 per 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 Borough of Medford Lakes in accordance
with applicable law.
