[Added 2-22-2016 by Ord.
No. O-16-06; amended 2-27-2017 by Ord. No. O-17-06; 8-8-2022 by Ord. No. O-22-09]
The purpose of this article is to amend the process to mitigate
the amount of deteriorating, foreclosure and/or abandoned property
located in the Township of Gloucester, which is in creditor or mortgage
foreclosure or mortgagee in possession. It is further intended to
establish a registration program as a mechanism to protect neighborhoods
from becoming blighted through the lack of adequate security and maintenance
of foreclosure and/or abandoned property, and in an action for foreclosure
or foreclosure.
As used in this article, the following terms shall have the
meanings indicated:
Real property that is foreclosure and has been abandoned
as set forth in N.J.S.A. 2A:50-73a and b of the laws of the State
of New Jersey, and subject of a foreclosure sale, or transferred under
a deed-in-lieu of foreclosure sale or short sale or any other legal
means.
Property that is accessible through a compromised or breached
gate, fence, wall, etc.
A structure or building that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Twelve months from the date of the first action that requires
registration, as determined by the Township, or its designee, and
every subsequent 12 months the property is registrable. The date of
the initial registration may be different than the date of the first
action that required registration.
A creditor or mortgagee declares a default whether in writing,
recording a lis pendens, or by its actions, or commences a foreclosure
proceeding.
A part-time or full-time Code Enforcement Officer serving
the Township of Gloucester.
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable right
of redemption to obtain legal and equitable title to the real property
pledged as security for a debt or the real property subject to the
lien. This definition shall include, but is not limited to, a complaint
and summons filed with respect to foreclosure on a mortgage, a lis
pendens filed against it by the lender holding a mortgage on the property,
a deed-in-lieu of foreclosure, sale to the mortgagee or lien holder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The legal
process is not concluded until the property obtained by the mortgagee,
lien holder, or their designee, by certificate of title, or any other
means, is sold to a nonrelated bona fide purchaser in an arm's length
transaction to satisfy the debt or lien.
An individual property manager, company or similar entity
designated by the owner or mortgagee which is responsible for the
security and maintenance of the foreclosure and/or abandoned real
property.
The creditor, including but not limited to trustees, mortgage
servicing companies; 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; or any other person or entity with the legal right to foreclose
on the real property, excluding governmental entities as assignee
or owner.
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 occupied, that is subject to an ongoing foreclosure action by the
mortgagee or trustee, has been the subject of a foreclosure action
by a mortgagee or trustee and a judgment has been entered, or has
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. The
designation of a "foreclosure" property as "registrable" shall remain
in place until such time as the property is sold to a nonrelated bona
fide purchaser in an arm's length transaction or the foreclosure action
has been dismissed.
Any building or structure that is not lawfully occupied or
inhabited by human beings.
This article relates to foreclosure and/or abandoned property
and property subject to a mortgage to be in foreclosure. This article
shall be considered cumulative and is not superseding or subject to
any other law or provision for same but shall be an additional remedy
available to the Township of Gloucester above and beyond any other
state, county or local provision for the same.
Any person, or company, or named representative of any person
or company, who shall violate the provisions of this article shall,
upon conviction, be subject to the penalties and provisions contained
herein and shall be enforceable by the Code Enforcement Official of
the Township of Gloucester and in the Municipal Court of the Township
of Gloucester or any court of competent jurisdiction. A violation
fee of $500 will be imposed.
A.
Any mortgagee who holds a mortgage on real property located within
the Township of Gloucester shall perform an inspection of the property
that is held security for the promise, loan, or mortgage, upon issuance
of a filing for foreclosure. If the property is found to be vacant
or shows evidence of vacancy, it shall be deemed abandoned and the
mortgagee shall, within 10 days of the inspection, register the property
with the Code Enforcement Official of the Township of Gloucester or
other authorized representative, on forms provided by the Township
of Gloucester. A registration is required for each vacant property.
B.
If the property is occupied but remains in foreclosure, it shall
be inspected by the mortgagee, or his designee, monthly until (1)
the mortgagor or other party remedies the foreclosure, or (2) it is
found to be foreclosure or shows evidence of vacancy at which time
it is deemed abandoned, and the mortgagee shall, within 10 days of
that inspection, register the property with the Code Enforcement Official,
or other authorized representative, either electronically via the
Township's or other designated website or on forms provided by the
Township of Gloucester.
C.
Within 10 days of the date the mortgagee declares its mortgage to
be in foreclosure through public notice or recordation, the mortgagee
shall register the real property with the Township or its authorized
representative and, at the time of registration, shall designate in
writing a local property manager to inspect, maintain and secure the
real property subject to the mortgage in foreclosure.
D.
Registration pursuant to this section shall contain of the mortgagee
and servicer along with the corresponding mailing address and telephone
number. The local property manager shall be responsible to inspect
the property. The property manager named in the registration shall
be located in the County of Camden and available to be contacted Monday
through Friday between 8:30 a.m. and 4:30 p.m., holidays and lunch
hours excepted. If the subject property of the registration is investor
or bank owned, the registration shall contain at the minimum the name
of the owner, the mailing address of the owner, email address and
telephone number, asset manager along with the property manager.
E.
An annual registration fee of $500 per property shall accompany the
registration. There is no additional fee for amending contact information
if filed within the same year. If the property in question is vacant
and not being maintained or secured there shall be an additional registration
fee in the amount of $2,000. 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
annual registration fee. Properties registered less than six months
prior to the effective date shall renew the registration every 12
months from the expiration of the original registration renewal date
and shall pay the nonrefundable annual registration fee.
F.
This section shall apply to properties that have been the subject
of a foreclosure sale where title is transferred to a beneficiary
of a mortgage involved in the foreclosure and any property transferred
to a mortgagee under a deed-in-lieu of foreclosure/sale. 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.
G.
Any person or other legal entity that has registered a property under
this article shall report any change of information contained in the
registration within 10 days of the change.
H.
Properties subject to this article shall remain under the annual
registration requirement, inspection, security, and maintenance standards
of this article as long as they remain vacant or abandoned or subject
to have been declared by a mortgage to be in foreclosure.
I.
Failure of the mortgagee to properly register or to revise from time
to time the registration to reflect a change of circumstances as required
by this article is a violation of the codes of the Township of Gloucester
and may result in a citation by the Code Enforcement Officer, or other
authorized representative. Pursuant to a finding and determination
by the Code Enforcement Officer that any property is in violation
of municipal ordinances, the Township may take the necessary action
to ensure compliance with its ordinance, perform the necessary work,
and the necessary cost shall be recorded as a municipal lien(s) on
the property for the cost of the work performed to benefit the property
and to bring it into compliance.
J.
At such time that the property becomes abandoned the mortgagee shall
submit a no trespass affidavit with the Code Enforcement Officer or
other designated official.
A.
Properties subject to this article 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 or any other items that give the appearance that the property
is abandoned or not being properly maintained. Weeds, overgrown brush,
or dead vegetation over the height limitations imposed by the municipality's
codes are prohibited.
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. Yards shall be landscaped and
maintained pursuant to the standards set forth in the code. Landscaping
shall include, but not be limited to, grass, ground cover, bushes,
shrubs, hedges or similar plantings, decorative rock or bark or artificial
turf/sod designed specifically for residential, commercial, or industrial
installation, as applicable. Landscaping shall not include weeds,
gravel, broken concrete, asphalt, or similar material.
C.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required landscape and removal of all trimmings
and weeds.
D.
Pools and spas shall be kept in working order so that pool and spa
water remains free and clear of pollutants and debris. Pools and spas
shall comply with the enclosure requirements of the Township and the
State of New Jersey Building Code.
E.
Failure of the mortgagee and/or property owner of record to properly
maintain the property is a violation of this article and may result
in the issuance of a citation by the Code Enforcement Officer. Pursuant
to a determination of violation, the Code Enforcement Officer may
take the necessary action to ensure compliance with this article and
request the filing of a lien on the property.
A.
Properties subject to this article 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 or adult to access the interior of the property
and/or structure. Broken windows shall be secured by reglazing or
boarding.
Once the property is declared in foreclosure of the loan or
mortgage and has become foreclosure or abandoned, it shall be the
mortgagee's responsibility, through a designated local property manager,
to bring the property into compliance with the Code of the Township
of Gloucester, and the mortgagee shall perform weekly inspections
to verify continued compliance with the Township Code, and any other
applicable law or ordinance of the Township of Gloucester.
