[Adopted by the Township Committee of the Township of Lumberton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 109.
Housing standards — See Ch. 168.
Property maintenance — See Ch. 221.
Public health nuisances — See Ch. 289.
[Adopted 5-10-2016 by Ord. No. 2016-06]
As used in this article, the following words shall have the following meanings:
CREDITOR
A state-chartered bank, savings bank, savings-and-loan association or credit union, any person required to be licensed under the provisions of the New Jersey Residential Mortgage Lending Act, Sections 1 through 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and any entity, agent, or assignee acting on behalf of the creditor named in the debt obligation, including, but not limited to, 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.
[Added 12-15-2022 by Ord. No. 2022-18]
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning officer, code enforcement officer, fire inspector or building inspector, or other person authorized by Lumberton Township.
[Added 9-7-2023 by Ord. No. 2023-08]
OWNER
Includes the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, § 17, as amended by P.L. 2009, c. 296, and P.L. 2012, c. 70, and P.L. 2014, c. 35), or any other entity determined by the Township to have authority to act with respect to the property.
VACANT
A building, structure, property or unimproved land that is unoccupied or not legally occupied and either subject to a violation issued pursuant to Section 3 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s3) or satisfies at least two of the following conditions:
[Amended 12-15-2022 by Ord. No. 2022-18]
A. 
Overgrown or neglected vegetation;
B. 
The accumulation of newspapers, circulars, flyers or mail on the property;
C. 
Disconnected gas, electric, or water utility services to the property;
D. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
E. 
The accumulation of junk, litter, trash or debris on the property;
F. 
The absence of window treatments such as blinds, curtains or shutters;
G. 
The absence of furnishings and personal items;
H. 
Statements of neighbors, delivery persons, representatives of a common-interest community association, or government employees indicating that the residence is vacant and abandoned;
I. 
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
J. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
K. 
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;
L. 
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;
M. 
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;
N. 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
O. 
Any other reasonable indicia of abandonment.
VACANT PROPERTY
Any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including but not limited to any property meeting the definition of "abandoned property" in N.J.S.A. 55:19-80; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order and where the building is in habitable condition and where the building is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property for purposes of this article.
[Added 9-7-2023 by Ord. No. 2023-08]
A. 
The Township of Lumberton shall create and maintain a registry of all commercial and/or residential properties within the Township boundary for which a summons and complaint in an action to foreclose has been filed with the Superior Court of New Jersey, pursuant to its authority granted by P.L. 2021, c. 444.[1] This registry will be formed and maintained to assist the Township with regulating the maintenance, security, and upkeep of properties which may become vacant or abandoned during the foreclosure process, in order to prevent the deleterious effects of blight associated with vacant and abandoned properties that are not maintained.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
B. 
The Township of Lumberton may, at its discretion, create, maintain, and administer this registry independently, retain the professional services of a third party pursuant to 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 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 requirement;
(3) 
Communicate with creditors and/or in-state representatives;
(4) 
Invoice and collect payment of fees;
(5) 
Monitor compliance; and
(6) 
Such functions, within the scope of P.L. 2021, c. 444,[2] which may be deemed necessary to carry out its functions on behalf of the Township.
[2]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
D. 
Any third parties retained to create, maintain, and/or administer shall be required to comply with the following reporting and repayment 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 of Lumberton, not less than once per year, or as otherwise directed by the Township. No fees, payment, 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 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 the 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 Administrator 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 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.[3]
[3]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
[Amended 12-15-2022 by Ord. No. 2022-18; 9-7-2023 by Ord. No. 2023-08]
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: (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 this section.
B. 
Notice.
(1) 
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, the creditor shall notify the Township Clerk, or his/her designee, of the action. Such notice shall include:
(a) 
The address, block and lot of the subject property;
(b) 
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;
(c) 
Whether the property is vacant and abandoned in accordance with the definition in this article;
(d) 
The full name, address, and telephone number for the representative of the creditor who is responsible for receiving notice of complaints of property maintenance code violations;
(e) 
The full name, address, and telephone number of any persons 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
(f) 
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 of complaints of property maintenance and code violations.
(2) 
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 foreclosure 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 foreclosure 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.
(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, as defined in this article, 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 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 as defined in § 220-1 of this article.
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.
E. 
If the enforcement officer has reason to believe that a property subject to the provisions of this article is posing a serious threat to the public health, safety, and welfare, the enforcement officer may temporarily secure the property at the expense of the mortgagee and may bring the violations before a court of competent jurisdiction as soon as possible to address the conditions of the property.
F. 
Any enforcement officer or any person authorized by the Township to enforce the sections herein 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.
The owner of any vacant property registered under this article shall provide access to the Township to conduct exterior and interior inspections of the building to determine compliance with municipal codes upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours between 9:00 a.m. and 4:00 p.m. or at such other time as may be mutually agreed upon between the owner and the Township.
A. 
An owner who meets the requirements of this section with respect to the location of his or her residence or workplace in the State of New Jersey may designate him or herself as agent or as the individual responsible for maintaining the property.
B. 
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Township in writing of a change of authorized agent or until the owner files a new annual registration statement.
C. 
Any owner who fails to register vacant property under the provisions of this article shall be deemed to consent to receive, by posting on the building in plain view, and by service of notice at the last known address of the owner of the property on record within the Township by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building, including, but not limited to, enforcement of this section.
[Amended 12-5-2019 by Ord. No. 2019-17; 12-15-2022 by Ord. No. 2022-19]
Applicable fees are detailed in the universal fee chart located in Chapter 18, § 18-2, reference numbers 36, 36A and 36B of the Code of the Township of Lumberton.
In addition to the registration of the property pursuant to this section, the owner of any building that has become vacant property and any person maintaining or operating or collecting rent for any such building that has become vacant shall within 30 days of the inception of any vacancy:
A. 
Enclose and secure 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;
B. 
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be protected from the weather by plastic covering and be of a size and placed in such a location so as to be visible and legible to a person standing at the front door of the main building, but shall be no smaller than eight inches by 10 inches;
C. 
Secure 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;
D. 
Ensure that the exterior grounds of the structure, including yards, fences, 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;
E. 
Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied, demolished, or until repair and/or rehabilitation of the building is complete; and
F. 
Maintain liability insurance on the property in an amount not less than $500,000 per incident.
G. 
If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if a residential property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property but prior to vesting of title in the operator or any other third party, and the property is found to be a nuisance and/or in violation of any of the provisions of this article, the Code Enforcement Officer shall notify the owner/creditor, which shall have the responsibility to abate the nuisance and/or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or this article. The Township shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the operator's receipt of the notice for the operator to remedy the violation. If the owner/creditor fails to remedy the violation within that time period, the Township may impose penalties allowed for such violations pursuant to § 220-7 of this article.
[Added 12-15-2022 by Ord. No. 2022-18]
[Amended 12-15-2022 by Ord. No. 2022-18]
A. 
An out-of-state creditor subject to the notice and registration requirements of this chapter 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.
B. 
A creditor subject to the notice and registration requirements of this chapter found to be in violation of any other section of this chapter 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.
C. 
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 chapter 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 owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100 et seq.
D. 
For all other provisions of this article, any owner, operator or occupant who or which shall violate any of the provisions of this article shall, upon conviction in the Lumberton Township Municipal Court or any such other court having jurisdiction, be sentenced to a fine not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both. Each day that a violation occurs shall be deemed a separate offense and subject to the penalty provisions of this chapter.
E. 
For purposes of this article, failure to file a registration statement under § 220-2 within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein, shall be deemed to be violations of this article.
F. 
Not less than 20% of any money collected pursuant to this article shall be utilized by the Township for municipal code enforcement purposes.