[1]
Editor's Note: This ordinance also superseded former Art.
II, Abandoned Real Property, adopted 2-16-2016 by Ord. No. 1812-2016.
A.
It is the purpose and intent of the Township to remedy the deterioration,
crime, and decline in value of Hamilton Township's neighborhoods
by identifying, regulating, and reducing the number of vacant or abandoned
properties in the Township undergoing foreclosure. It is the Township's
further intent to protect neighborhoods from the negative impact of
abandonment, vacancy, and lack of adequate maintenance and security
by establishing a registration requirement, which will provide an
efficient method to contact the member of a foreclosing entity who
is authorized to implement the protection this article contemplates.
B.
It is not the intent of this article to determine the rights and
liabilities of persons under agreements to which the Township is not
a party. This article shall not be construed to alter the terms of
any lease or other agreement between the owner of property subject
to this article and any other party, except that it shall be unlawful
for a lease or other such agreement to excuse compliance with this
article. Additionally, a violation of this article shall not be considered
negligence per se and shall not expand existing liability in tort
for landlords or tenants.
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. This section, to
the extent applicable, is an operational section of this article.
A property that is accessible through a compromised or breached
gate, fence, wall, window, or other opening, or a structure that is
incomplete, unsecured, or breached in such a way as to allow access
to the interior space by unauthorized persons. Interior space shall
include the interior of a dwelling, garage, barn, shed, or other structure
typically constructed with three or four walls.
The registration of a registrable property 12 months from
the date of the first action that requires registration by the terms
of this article and every subsequent 12 months. The date of the initial
registration may be different than the date of the first action that
required registration.
Include, but not are not limited to, the following portions of the Township Code and all standards and other codes referenced in such portions: Chapter 130, Buildings, Unfit; Chapter 133, Buildings, Unsafe; Chapter 144, Construction Codes, Uniform; Chapter 170, Fire Prevention; Chapter 203, Land Use and Development; and Chapter 217, Nuisances; and Article I of Chapter 238, Property Maintenance.
Properties with broken or severely damaged windows, doors, walls,
or roofs which create hazardous conditions or facilitate trespassing;
Properties cited for a public nuisance relating to their appearance
or lack of safety pursuant to the Township Code; or
Properties that endanger the public's health, safety, or
welfare because they, or improvements thereon, are dilapidated, deteriorated,
violate minimum health and safety standards, or lack maintenance as
required by the applicable codes.
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector, Building Inspector, or other
person authorized by the Township to enforce any applicable codes.
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that a property
is vacant. Such conditions include:
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 of
any adjoining or adjacent property owner, that exists due to 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.
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 article,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this article,
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.
An entity authorized by a mortgagee to receive payments on
a mortgage, whether said entity has legal or equitable rights in the
mortgaged property.
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.
For purposes of this article, any residential or commercial
land and/or buildings, leasehold improvements and anything affixed
to the land, or portion thereof identified by a property parcel identification
number, located in the Township limits.
Any real property located in the Township, whether vacant
or abandoned or occupied, that is subject to a foreclosure as defined
in this article.
Property shall remain registrable property so long as it is
in foreclosure, as defined by this article.
Pursuant to N.J.S.A. 46:10B-51.1, property shall also remain
registrable property if, upon the completion of the foreclosure, it
is owned, by way of Sheriff's sale or deed in lieu of foreclosure,
by an individual or entity that does not occupy the property.
Uninhabited by human beings or unlawfully inhabited.
Vacant property does not mean property that is temporarily unoccupied:
If it is not intended by the owner to be left vacant and the
vacancy does not exceed 30 days;
While under repair or renovation so long as such repairs and
renovations are moving forward towards completion in the normal course;
or
While the residents are away on vacation, personal matters,
or business.
Whether a property is vacant or abandoned shall be determined
in consideration of evidence of vacancy as defined in this section
and any factors determinant of the lawfulness of occupancy.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for remedy, but rather shall
be an additional remedy available to the Township above and beyond
any other state, county, or local provision for remedy.
Pursuant to the provisions of § 238-10, the Township or its authorized designee shall establish a registry cataloging each registrable property within the Township, containing the information required by this article.
A.
The mortgagee of registrable property shall, within 10 days from
the commencement of foreclosure, register the property with the Division
of Code Enforcement, or other Township designee, on paper forms or
by electronic means provided by the Township. The mortgagee shall
indicate whether the property is vacant or abandoned or occupied.
A separate registration is required for each registrable property
within the Township.
B.
Registration pursuant to this section shall contain the name and
direct mailing address of the mortgagee and mortgage servicer; a direct
contact name, telephone number, and email address for the mortgagee
and mortgage servicer; and the name and twenty-four-hour contact telephone
number of the mortgagee's in-state representative that is responsible
for the security and maintenance of the property and is authorized
to make decisions concerning the abatement of nuisance conditions
at the property, as well as any expenditures in connection therewith.
C.
Mortgagees of property that is registrable property on the effective
date of this article shall, within 30 days from the effective date,
register the property with the Division of Code Enforcement, or other
Township designee, on paper forms or by electronic means provided
by the Township. The mortgagee shall indicate whether the property
is vacant or abandoned or occupied. A separate registration is required
for each registrable property within the Township.
D.
The mortgagee of registrable property shall reregister registrable
property no later than 10 days after the end of the preceding twelve-month
interval and shall do so until the property is no longer registrable
property.
E.
A nonrefundable annual registration fee of $500 shall accompany each
registration pursuant to this section; and an additional $2,000 per
property annually if the property is vacant or abandoned pursuant
to the definition in this article when the summons and complaint in
an action to foreclose is filed, or becomes vacant and abandoned pursuant
to the definition in this article at any time thereafter while the
property is in foreclosure. All registration fees must be paid directly
by the mortgagee or owner. Third-party registration fees are not allowed
without the consent of the Township and/or its authorized designee.
F.
Each individual property on the registry that has been registered
for six months or more prior to the effective date shall have 30 days
to renew the registration and pay the nonrefundable $500 annual registration
fee. Properties registered less than six months prior to the effective
date shall renew the registration upon expiration and every 12 months
thereafter and shall pay the nonrefundable $500 annual registration
fee.
G.
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the annual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration.
H.
Properties subject to this section shall remain under the annual
registration and fee requirements and the security and maintenance
standards of this article so long as they are registrable property.
I.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change. Such changes include, but are not limited
to, a change in the identity or contact information of the mortgage
servicer; a change in the identity or contact information of the mortgagee's
in-state representative responsible for maintenance of the property;
or a change in the mortgagee, mortgage servicer, or mortgagee's
in-state representative's belief as to the occupied, vacant,
or abandoned status of the registrable property.
J.
If the mortgagee of a registrable property sells or transfers the
mortgage or sells or transfers the property in a non-arm's-length
transaction, the new mortgagee of the registrable property is subject
to all the terms of this article, and within 10 days of the sale or
transfer of the mortgage or of the property must register the property
if it is unregistered or update the existing registration. The new
mortgagee and any previous mortgagee subject to the registration requirements
of this section are each individually liable for any previous unpaid
registration fees or fines owed under this article. Payment of any
such previous fees or fines may be demanded of the new mortgagee upon
that party's initial registration under this subsection. The
provisions of this section are cumulative with and in addition to
other available remedies. Moreover, the Division of Code Enforcement
is authorized and empowered to refer the previous mortgagee's
nonpayment of fees and fines owed under this article to a court of
competent jurisdiction for disposition.
K.
Failure to properly register or to modify a registration from time
to time as required by this section is a violation of this article
and shall be subject to enforcement and any resulting monetary penalties
and/or property liens.
L.
Pursuant to an administrative or judicial determination that a property
is in violation of the applicable codes, the Township may take all
necessary actions to cure such a violation and may place a lien on
the property for any costs thereof to the extent, and in the manner,
permitted by law.
All registrable property is subject to the applicable codes.
To the extent that registrable property becomes vacant or abandoned,
the mortgagee shall be responsible, to the same extent as the owner,
for complying with the applicable codes as they relate to the exterior
of the property. This obligation shall include, but not be limited
to, the following specific requirements:
A.
Registrable property shall be kept free of weeds, overgrown brush,
and dead vegetation; trash, junk, debris, and building materials;
any accumulation of newspapers, circulars, flyers, or notices, except
those required by federal, state, or local law; discarded personal
items, including, but not limited to, furniture, clothing, large and
small appliances, or printed material; and any other item that gives
the appearance that the property is abandoned.
B.
Registrable property shall be maintained free of graffiti and similar
markings through removal or by painting over with an exterior-grade
paint that matches the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, of registrable
property shall be maintained in a manner including, but not limited
to, watering, irrigation, cutting and mowing of required ground cover
or landscape, and removal of all trimmings.
D.
Pools and spas on registrable property shall be maintained so the
water remains free and clear of pollutants and debris and the water
is inaccessible to trespassers and animals.
E.
Failure of the mortgagee of abandoned or vacant registrable property
to maintain the exterior of the registrable property in accordance
with the applicable codes shall subject the mortgagee to the issuance
of a citation or notice of violation thereunder and the pursuit by
the Township of all remedies available to it under the law.
All registrable property is subject to the applicable codes.
To the extent that registrable property becomes vacant or abandoned,
the mortgagee shall be responsible, to the same extent as the owner,
for complying with the applicable codes as they relate to the security
of the property. This obligation shall include, but not be limited
to, the following specific requirements:
A.
Registrable properties 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 a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing the
window.
C.
Failure of the mortgagee of abandoned or vacant registrable property
to keep the registrable property secured in accordance with the applicable
codes shall subject the mortgagee to the issuance of a citation or
notice of violation thereunder and the pursuit by the Township of
all remedies available to it under the law.
A.
Any mortgagee or owner who fails to register a registrable property
or violates any provision of this article may be cited and fined up
to $1,000 at the discretion of the court.
B.
Severability and effectiveness clause. If any section, subsection,
sentence, clause or phrase of this article is for any reason held
to be unconstitutional, invalid, or unenforceable by a court of competent
jurisdiction, such decision shall not affect the remaining portions
of this article.
C.
Any ordinance inconsistent with the terms of this article is hereby
repealed to the extent of such inconsistency.
D.
Effective date. This article shall take effect immediately upon final
passage and publication as provided by law.
