[Added 5-22-2023 by Ord.
No. 23-07]
As used in this section, the following terms shall have the
meanings indicated:
CREDITOR
A lienholder, mortgage holder or mortgagee, including, but not limited to, service companies, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests or obligations under a mortgage agreement. Creditor shall also mean 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," Article
V, §§ 1 through 39, of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and any entity acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers. For purposes of this Article
V, 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.
DAYS
Consecutive calendar days.
EVIDENCE OF VACANCY
Any condition, readily apparent to the public official (as
defined below) from an exterior visual inspection, which on its own
or combined with other conditions present on or concerning the property,
would lead a reasonable person to believe a property is vacant. A
property shall be considered vacant and abandoned if 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 (2) of the following:
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, or government employees
indicating that the property 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 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
o.
Any other reasonable indicia of abandonment.
FORECLOSURE
The process by which property, placed as security for a real
estate or other loans, is prepared for sale to satisfy the debt if
the borrower is in default under the terms of the loan, including,
but not limited to, the filing of a notice of lis pendens.
INITIATION OF FORECLOSURE PROCESS
Any of the following actions taken by a lienholder and/or
mortgage holder and/or mortgagee:
a.
Taking possession of the property, whether by agreement or deed
in lieu of foreclosure.
b.
Delivering a creditor's or mortgagee's notice of intention
to foreclose to the borrower.
c.
Commencing a foreclosure action or filing a lis pendens in the
Superior Court of New Jersey.
LIENHOLDER or MORTGAGE HOLDER or MORTGAGEE
A creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and any agent, servant or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under a mortgage
agreement. Collectively herein referred to as "creditor."
OWNER
Every person, entity, service company, property manager and/or
real estate agency, who alone or severally with others:
a.
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise; or
b.
Has care, charge or control of any dwelling, dwelling unit or
parcel of land, vacant or otherwise, in any capacity, including, but
not limited to, agency, executor, executrix, administrator, trustee
or guardian, of the estate of the holder of legal title; or
c.
Is a mortgagee in possession of any such property; or
d.
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
e.
Is an officer or trustee of the association of unit owners of
the condominium. Each such person is bound to comply as if he were
the owner; or
f.
Every person who operates a rooming house; or
g.
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
PROPERTY
Any residential real estate, residential property and/or any portion thereof, which is located in the Borough of North Plainfield, including all buildings and/or structures situated on the property. For the purpose of Chapter
11, Article
V, only, "property" does not include property owned or subject to the control of the Borough or any of its governmental bodies or agencies or other governmental bodies or agencies.
PUBLIC OFFICIAL
The Zoning Officer, Assistant Zoning Officer, Property Maintenance
Officer, Property Maintenance Inspector and/or their designee, as
designated, in writing, by the Mayor.
RESIDENTIAL PROPERTY
Any property that contains one (1) or more dwelling units
occupied, intended to be occupied and/or designed to be occupied for
living purposes.
SECURING
Taking measures that assist in making the property inaccessible
to unauthorized persons.
VACANT PROPERTY
a.
Any residential or nonresidential building, or a building which contains both residential and nonresidential space which is not legally occupied or in or on which substantially all lawful construction operations or residential occupancy has ceased, or that is in such condition that it cannot legally be reoccupied without repair or rehabilitation, or shows evidence of vacancy as determined by the public official in accordance with the criteria set forth in §
11-13.1 as evidence of vacancy.
b.
Any property determined by the public official to be "abandoned
property," in accordance with the meaning of such term in the Abandoned
Properties Rehabilitation Act, N.J.S.A. 55:19-81, shall also be deemed
to be vacant property for the purpose of this article. Property determined
to be "nuisance property," in accordance with the meaning of such
term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-82,
shall also be deemed to be vacant property for the purpose of this
article.
c.
Any property which contains both residential and nonresidential
space may be considered vacant so long as the nonresidential space
and at least one (1) apartment in the building was previously legally
occupied as residential space and which has not been legally occupied
for at least six (6) months and is determined to be vacant and/or
abandoned by the public official and the property otherwise meets
the criteria of either a vacant, abandoned or nuisance property as
set forth in this section.
d.
A property may be determined to be vacant and/or abandoned under this Article
V if the public official determines that the property is abandoned, pursuant to N.J.S.A. 55:19-81 and/or a nuisance, pursuant to N.J.S.A. 55:19-82 or N.J.S.A. 40:48-2.3.
[Added 5-22-2023 by Ord.
No. 23-07]
The owner of any vacant property, as defined herein, within
ten (10) calendar days after the property becomes vacant property
or within thirty (30) calendar days after assuming ownership of the
vacant property, whichever is sooner, shall file a registration statement
for each such vacant property with the public official on forms provided
by the Borough of North Plainfield for such purposes. The owner shall
be required to renew the registration annually on the first (1st)
day of January, as long as the building remains vacant property and
shall pay a registration or renewal fee in the amount prescribed herein
for each vacant property registered.
[Added 5-22-2023 by Ord.
No. 23-07]
Unless expressly provided to the contrary in this Chapter
11, Article
V, the respective obligations and responsibilities of the owner, operator and occupant under this section shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties. The owner shall be primarily responsible for complying with the provisions of this chapter; however, nothing herein shall prevent the public official from issuing a notice pursuant to §
11-13.4 to the owner or a notice pursuant to §
11-13.6 to the creditor, operator or occupant in addition to the owner. The owner or creditor shall be responsible for any failure of the operator or occupant to discharge a duty imposed upon the operator or occupant by this Code.
[Added 5-22-2023 by Ord.
No. 23-07]
The public officer designated or appointed pursuant to P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.), may issue a notice to the owner if the public official or other authorized municipal official determines that the owner has violated any Section of this Chapter
11. Article
V, that the property has become vacant and/or abandoned, or is declared to be a nuisance which is a risk of imminent danger. In the case of any violation of this chapter for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, such notice shall require the person or entity to correct the violation within thirty (30) calendar days of receipt of the notice, or within ten (10) calendar days of receipt of the notice if the violation presents an imminent threat to public health and safety.
[Added 5-22-2023 by Ord.
No. 23-07]
The owner of a property registered as vacant and/or abandoned,
or declared to be a nuisance which is a risk of imminent danger, or
which is ordered by the public official to be vacant and/or abandoned,
or declared to be a nuisance which is a risk of imminent danger shall
pay an annual fee of two thousand dollars ($2,000.00) to the Borough
of North Plainfield. The Borough may contract with a private company
to collect, maintain and pay over such fees in accordance with the
requirements of N.J.S.A. 40:48-2.12S(3) and N.J.S.A. 40A:11-1 et seq.
[Added 5-22-2023 by Ord.
No. 23-07]
An owner of vacant and/or abandoned property, upon receiving a notice from the public officer, pursuant to §
11-13.4 of this article that the property has been declared to be vacant and/or abandoned, shall comply with the following requirements:
a. The owner shall secure the property against unauthorized entry.
b. The owner 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 owner or the owner's representative for the purpose
of receiving service of process.
c. The owner shall 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.
d. The owner shall notify the public official within thirty (30) calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the public official for
such purposes.
e. The registration statement shall be deemed prima facie proof of the
statements therein contained and any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
creditor of the building shall use the registration statement as prima
facie proof.
f. A property shall be removed from the registration list of vacant
properties only upon the issuance of a certificate of occupancy or
a rental certificate of occupancy by the Borough of North Plainfield.
g. An owner or lienholder of any property which is added to the vacant
property list may challenge the inclusion of their property on the
vacant property list by filing an appeal with the public official
in accordance with the procedures set forth in the Abandoned Properties
Act, N.J.S.A. 55:19-55(e-f).
[Added 5-22-2023 by Ord.
No. 23-07]
A creditor filing a summons and complaint in an action to foreclose in compliance with N.J.S.A. 40:48-2.12s(2) shall, in addition to the notice provided to the Borough of North Plainfield pursuant to Article
V, § 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) or Article
V, § 2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2), register the residential or commercial property with the Borough's property registration program as a property in foreclosure on a form provided by the Borough Clerk.
[Added 5-22-2023 by Ord.
No. 23-07]
a. The information provided in the registration form shall contain the
full name, address, and telephone number for the representative of
the creditor who is responsible for receiving complaints of property
maintenance and code violations and the full name and contact information
for any person 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.
b. The information provided in the registration form shall also include
the street address, lot, and block number of the property. The notice
may contain information about more than one property, if the has initiated
a foreclosure proceeding on any residential property prior to the
effective date of this section that is pending in Superior Court.
c. Information provided in the registration form may be provided by
mail and/or electronic communication, at the discretion of the Borough
Clerk.
d. In the event that a summons and complaint in an action to foreclose
on any property has been served by a creditor which is located out-of-state,
the information provided in the registration form shall also contain
the full name, address, and telephone number of an in-state representative
or agent who shall be responsible for the care, maintenance, security,
and upkeep of the exterior of the property if it becomes vacant and
abandoned.
e. The Borough Clerk shall forward a copy of the registration form to
the public official or shall otherwise provide it to any other local
official responsible for administration of any property maintenance
or public nuisance code.
f. If there is any change in the name, address and/or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to be provided in a notice pursuant
to this subsection following the filing of the summons and complaint,
the creditor shall provide a notice to the Borough Clerk containing
the updated name, address, or telephone number within ten (10) calendar
days of the change in that information.
g. In the event that the property being foreclosed on is an affordable
housing unit pursuant to the Fair Housing Act, then the creditor shall
identify that the property is subject to the Fair Housing Act.
[Added 5-22-2023 by Ord.
No. 23-07]
Any creditor who has filed a summons and complaint in an action to foreclose any property within the Borough of North Plainfield shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is or becomes vacant or abandoned, as defined in §
11-13.1, at any time while the property is registered with the property registration program set forth in this section. The creditor shall identify any requirements that the Borough imposes on the creditor filing a summons and complaint in an action to foreclose on a property, that is or becomes vacant and abandoned, relating to the care, maintenance, security, and upkeep of the exterior of the property, including, but not limited to, any requirements to secure the property against unauthorized entry, 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;
[Added 5-22-2023 by Ord.
No. 23-07]
The public official or any other official responsible for administration of the municipal property maintenance or public nuisance code shall have the authority to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or other authorized municipal official determines that the creditor has violated any provisions of Borough Code §§
11-13.1 through
11-14.6. In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, such notice shall require the person or entity to correct the violation within thirty (30) calendar days of receipt of the notice, or within ten (10) calendar days of receipt of the notice if the violation presents an imminent threat to public health and safety.
[Added 5-22-2023 by Ord.
No. 23-07]
After the creditor files notice of foreclosure with the Borough, if the registered property becomes vacant and abandoned in accordance with the definition in Borough Code §
11-13.1 after the property is initially registered with the Borough, the creditor shall update the property registration with the Borough to reflect the change in the property's status.
There is an annual fee on a creditor required to register a
property upon notice of foreclosure being filed with the Borough.
The fee shall be:
a. Five hundred dollars ($500) per property annually for any property
that is required to be registered because a summons and complaint
in an action to foreclose was filed by the creditor; and
b. An additional two thousand dollars ($2,000) per property annually if the property is declared to be vacant and/or abandoned pursuant to Borough Code §
11-13.1 when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to the definition set forth in Borough Code §
11-13.1 above at any time thereafter while the property is in foreclosure.