It is the purpose and intent of the Borough of Buena to establish
a process to address the deterioration and blight of Borough neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the Borough, and to identify, regulate,
limit and reduce the number of foreclosure properties located within
the Borough. It is the Borough's further intent to participate
in the countywide registration program established by the Atlantic
County Improvement Authority as a mechanism to protect neighborhoods
from becoming blighted due to the lack of adequate maintenance and
security of foreclosure properties.
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 different meaning.
ABANDONED REAL PROPERTY
Any real property located in the municipality, whether vacant
or occupied, that 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, 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 comprised/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
To include, but not be limited to, the Borough's Zoning
Code, the Code of the Borough of Buena ("Borough 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 Borough
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 Borough and Zoning Codes.
ENFORCEMENT OFFICER
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 applicable
code(s).
FORECLOSURE
The legal process by which a mortgagee terminates a mortgagor's
interest in real property either to obtain legal and equitable title
to the real property pledged as security for a debt or to force a
sale of said property to satisfy a debt. For purposes of this chapter,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this chapter,
the process is not concluded until the property is sold to a bona
fide purchaser not related to the mortgagee in an arm's-length
transaction whether by Sheriff's sale, private sale following
a Sheriff's sale, or private sale following the vesting of title
in the mortgagee pursuant to a judgment.
MORTGAGEE
The creditor, including, but not limited to, lenders in a
mortgage agreement; any agent, servant, or employee of the creditor;
any successor in interest; or any assignee of the creditor's
rights, interests, or obligations under the mortgage agreement, excluding
governmental entities as assignee or owner.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
VACANT
Any building or structure that is not legally occupied.
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.
The Borough or designee shall participate in the countywide
registration program established by the Atlantic County Improvement
Authority which catalogs each foreclosure property within the municipality,
containing the information required by this chapter.
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 Borough.
Any person who shall violate the provisions of this article may be cited and fined as provided in Chapter
181 of the Code of the Borough of Buena and 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. 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 the Borough Code sections, except to the extent that different types of violations of the Code section 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 Borough Code section(s) shall be examined.
Description of Violation
|
Civil Penalty
|
---|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within
|
$500
|
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 Borough's Code Enforcement Officer within 45 days for
a final courtesy inspection report.
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 Borough
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.