[Added 6-7-2023 by Ord.
No. 20-2023]
It is the purpose and intent of the Council to establish a process
to address the deterioration, crime, and decline in value of Township
neighborhoods caused by property with foreclosing or foreclosed mortgages
located within the Township, and to identify, regulate, limit and
reduce the number of these properties located within the Township.
It has been determined that there exist within the Township properties
which are, or may become in the future, substandard with respect to
structural integrity, equipment or maintenance or, further, that such
conditions, including but not limited to structural deterioration;
lack of maintenance of exterior premises and vacant lots; infestation;
existence of fire hazards, constitute a menace to the health, safety,
welfare and reasonable comfort of the citizens and inhabitants of
the Township. It is further found and declared that, by reason of
lack of maintenance and ensuing progressive deterioration, certain
properties have the further effect of creating blighting conditions
and that, if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same
and that, by reason of timely regulations and restrictions as herein
contained, the growth of blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of dwellings and neighborhoods enhanced, and the public health, safety
and welfare protected and fostered. It is the Council's further
intent to establish a registration program as a mechanism to help
protect neighborhoods from becoming blighted through the lack of adequate
maintenance of properties that are in Foreclosure or Foreclosed, and
to provide a mechanism to avert foreclosure actions through timely
intervention, education, or counseling of property owners.
[Added 6-7-2023 by Ord.
No. 20-2023]
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.
Shall mean twelve (12) months from the date of the first
action that requires registration, as determined by the Township,
or its designee, and every subsequent twelve (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.
Shall mean that the mortgagor has not complied with the terms
of the mortgage on the property, or the promissory note, or other
evidence of the debt, referred to in the mortgage.
Shall mean any law enforcement officer, building official,
zoning inspector, code enforcement officer, fire inspector, building
inspector, or other person authorized by the Township to enforce the
applicable code(s).
Shall mean any condition that on its own, or combined with
other conditions present, would lead a reasonable person to believe
that the property is vacant. Such conditions may include, but are
not limited to: overgrown and/or dead vegetation; past due Utility
notices and/or disconnected Utilities; accumulation of trash junk
or debris; abandoned vehicles, auto parts and/or materials; the absence
of furnishings and/or personal items consistent with habitation or
occupancy; the presence of an unsanitary, stagnant swimming pool;
the accumulation of newspapers, circulars, flyers and/or mail; statements
by neighbors, passers-by, delivery agents or government agents; and/or
the presence of boards over doors, windows or other openings in violation
of applicable code.
Shall mean 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 non-related bona fide purchaser in
an arm's length transaction to satisfy the debt or lien.
Shall mean 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.
Shall mean every person, entity, or Mortgagee, who alone
or severally with others, has legal or equitable title to any Real
Property as defined by this article; has legal care, charge, or control
of any such property; is in possession or control of any such property;
and/or is vested with possession or control of any such property.
The Property Manager shall not be considered the Owner.
Shall mean any party designated by the Owner as responsible
for inspecting, maintaining and securing the property as required
in this article.
Shall mean 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.
Shall mean 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 judgement 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 non-related
bona fide purchaser in an arm's length transaction or the Foreclosure
Action has been dismissed.
Shall mean a web-based electronic database of searchable
real property records, used by the Township to allow Mortgagees the
opportunity to register properties and pay applicable fees as required
in this article.
Shall mean any utility and/or service that is essential for
a building to be habitable and/or perform a service necessary to comply
with all Township codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
As used in this Article shall mean any parcel of land in
the Township that contains any building or structure that is not lawfully
occupied or inhabited by human beings. A property also shall be deemed
vacant if it is occupied without a valid, unexpired certificate of
occupancy or other written authorization for occupancy as may be required
by applicable laws.
[Added 6-7-2023 by Ord.
No. 20-2023]
This article applies to Foreclosing or Foreclosed property within
the Township.
[Added 6-7-2023 by Ord.
No. 20-2023]
The Township, or its designee, shall establish a registry cataloging
each Registrable Property within the Township, containing the information
required by this article.
[Added 6-7-2023 by Ord.
No. 20-2023]
A.
Any Mortgagee who holds a mortgage on Real Property located within
the Township shall perform an inspection of the property upon the
filing of a Foreclosure Action or any evidence of an existing foreclosure
action or lien holder has obtained ownership of the real property
by the Mortgagee.
B.
Property inspected pursuant to subsection A above that remains in Foreclosure, shall be inspected every thirty (30) days by the Mortgagee or Mortgagee's designee. If an inspection shows a change in the property's occupancy status the Mortgagee shall, within ten (10) days of that inspection, update the occupancy status of the property registration.
C.
Within ten (10) days of the date any Mortgagee files a Foreclosure
Action, the Mortgagee shall register the Real Property with the Township
Registry, and, at the time of registration, indicate whether the property
is Vacant, and if so shall designate in writing a Property Manager
to inspect, maintain and secure the Real Property subject to the mortgage
in Foreclosure when legally possible. A separate registration is required
for each Registrable Property.
D.
Initial registration pursuant to this section shall contain at a
minimum the name of the Mortgagee, the mailing address of the Mortgagee,
e-mail address, telephone number and name of the Property Manager
and said person's address, e-mail address, and telephone number,
regardless of whether it is occupied or vacant.
E.
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration;
and (2) 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.
Said fees shall be used to offset the costs of:
(1)
Registration and registration enforcement,
(2)
Code enforcement and mitigation related to Foreclosure properties,
(3)
Post-closing counseling and Foreclosure intervention limited to Owner-occupied
persons in Default, which may not include cash and mortgage modification
assistance, and
(4)
For any related purposes as may be adopted in the policy set forth
in this article. Said fees shall be deposited to a special account
in the Township's Department dedicated to the cost of implementation
and enforcement of this article, and fulfilling the purpose and intent
of this article. None of the funds provided for in this section shall
be utilized for the legal defense of Foreclosure Actions.
F.
Each individual property on the Registry that has been registered
for six (6) months or more prior to the Effective Date shall have
thirty (30) days to renew the registration and pay the non-refundable
annual registration fee. Properties registered less than six (6) months
prior to the Effective Date shall renew the registration every twelve
(12) months from the expiration of the original registration renewal
date and shall pay the non-refundable annual registration fee.
Editor's Note: Article V was adopted June 7, 2023 by Ord. No. 20-2023.
G.
If the mortgage and/or servicing on a property is sold or transferred,
the new Mortgagee is subject to all the terms of this article. Within
ten (10) days of the transfer, the new Mortgagee shall register the
property or update the existing registration. The previous Mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that Mortgagee's
involvement with the Registrable Property.
H.
If the Mortgagee sells or transfers the Registrable Property in a
non-arm's length transaction to a related entity or person, the
transferee is subject to all the terms of this article. Within ten
(10) days of the transfer, the transferee shall register the property
or update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the Mortgagee was at the time
registration was required, including but not limited to unregistered
periods during the Foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous Mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that Mortgagee's involvement with the Registrable Property.
I.
If the Foreclosing or Foreclosed Property is not registered, or the
registration fee is not paid within thirty (30) days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to ten percent (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.
J.
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to the Mortgagee
as well as any properties transferred to the Mortgagee under a deed
in lieu of foreclosure or by any other legal means.
K.
Properties subject to this section shall remain subject to the Annual
Registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property remains Registrable.
L.
Failure of the Mortgagee and/or property Owner of record to properly
register or to modify the registration to reflect a change of circumstances
as required by this article is a violation of this article and shall
be subject to enforcement by any of the enforcement means available
to the Township.
M.
If any property is in violation of this article the Township may
take the necessary action to ensure compliance with and/or place a
lien on the property for the cost of the outstanding obligation and
any additional cost incurred to the property into compliance.
N.
Registration of foreclosure property does not alleviate the Mortgagee
and/or Owner from obtaining all required licenses, permits and inspections
required by applicable code or State Statutes. Acquisition of required
licenses, permits and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this section. Mortgagee and/or Owner is expected to update the
status of the property in the event of a Mortgagee managed rental.
[Added 6-7-2023 by Ord.
No. 20-2023]
A.
Properties subject to this article shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper 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, printed material, or any other items that give the appearance
that the property is abandoned.
B.
Registrable 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.
C.
Front, side, and rear yards, including landscaping, of Registrable
Property shall be maintained in accordance with the applicable code(s)
at the time registration is required.
D.
Registrable yard maintenance shall include, but not be limited to,
grass, ground covers, bushes, shrubs, hedges or similar plantings,
decorative rock or bark or artificial turf/sod. Acceptable maintenance
of yards and/or landscape shall not include weeds, gravel, broken
concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas of shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the Mortgagee, Owner, and transferees to properly maintain
the property as required by this Chapter may result in a violation
of the applicable code(s) and issuance of a citation or notice of
violation in accordance with the applicable code of the Township.
Pursuant to a finding and determination by the Township Sheriff, Magistrate
or a court of competent jurisdiction, the Township may take the necessary
action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Township.
[Added 6-7-2023 by Ord.
No. 20-2023]
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 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 re-glazing of
the window.
C.
If a property is Registrable, and the property has become vacant
or blighted, a Property Manager shall be designated by the Mortgagee
or Owner to perform the work necessary to bring the property into
compliance with the applicable code(s), and the Property Manager must
perform regular inspections to verify compliance with the requirements
of this article, and any other applicable laws.
D.
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Township.
E.
When a property subject to this article becomes Vacant, it shall
be posted with the name and twenty-four (24) hour contact telephone
number of the Property Manager. The Property Manager shall be available
to be contacted by the Township Monday through Friday between 9:00
a.m. and 5:00 p.m., legal holidays excepted. The sign shall be placed
in a window facing the street and shall be visible from the street.
The posting shall be no less than eighteen (18) inches by twenty-four
(24) inches and shall be of a font that is legible from a distance
of forty-five (45) feet. The posting shall contain the following language
with supporting information:
|
THIS PROPERTY IS MANAGED BY .
AND IS INSPECTED ON A REGULAR BASIS.
THE PROPERTY MANAGER CAN BE CONTACTED
BY TELEPHONE AT .
OR BY EMAIL AT .
|
F.
The posting required in subsection E above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
G.
Failure of the Mortgagee and/or property Owner of record to properly
inspect and secure a property subject to this Chapter, and post and
maintain the signage noted in this section, is a violation and shall
be subject to enforcement by any of the enforcement means available
to the Township. The Township may take the necessary action to ensure
compliance with this section, and recover costs and expenses in support
thereof.
[Added 6-7-2023 by Ord.
No. 20-2023]
The provisions of this Chapter are cumulative with and in addition
to other available remedies. Nothing contained in this article shall
prohibit the Township from collecting on fees, fines, and penalties
in any lawful manner; or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or ordinance.
[Added 6-7-2023 by Ord.
No. 20-2023]
All Registrable Property is at risk of being a public nuisance
and if vacant or blighted can constitute 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 Township.
[Added 6-7-2023 by Ord.
No. 20-2023]
A.
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 code Enforcement Officer
may temporarily secure the property at the expense of the Mortgagee
or Owner, and may bring the violations before the code enforcement,
Council or special magistrate as soon as possible to address the conditions
of the property. Nothing herein shall limit the Township from abating
any nuisance or unsafe condition by any other legal means available
to it.
B.
The Sheriff, code enforcement, Council or special magistrate shall
have the authority to require the Mortgagee or Owner affected by this
section, to implement additional maintenance and/or security measures
including, but not limited to, securing any and all doors, windows
or other openings, employment of an on-site security guard or other
measures as may be reasonably required to help prevent further decline
of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Sheriff, code enforcement, Council or special magistrate may direct
the Township to abate the violations and charge the Mortgagee or Owner
with the cost of the abatement.
D.
If the Mortgagee or Owner does not reimburse the Township for the
cost of temporarily securing the property, or of any abatement directed
by the Sheriff, code enforcement officer, code enforcement, Council
or special magistrate, within thirty (30) days of the Township sending
the Mortgagee or Owner the invoice then the Township may lien the
property with such cost, along with an administrative fee as determined
in the Township's fee ordinance to recover the administrative
personnel services. In addition to filing a lien the Township may
pursue financial penalties against the Mortgagee or Owner.
E.
The Township may contract with an entity to implement this article,
and, if so, any reference to the Enforcement Officer herein shall
include the entity the Township contract with for that purpose.
[Added 6-7-2023 by Ord.
No. 20-2023]
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 article shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
A.
An out-of-State creditor subject to the notice and registration requirements
of this article, 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 10 or 30-day
requirement to notify the Township of applicable foreclosure actions.
B.
A creditor subject to the notice and registration requirements of this article, found to be in violation of any part of this article (with the exception of a violation pursuant to subsection A), shall be subject to a fine of $1,500 for each day of the violations. 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.
[Added 6-7-2023 by Ord.
No. 20-2023]
Any Enforcement Officer or any person authorized by the Township
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.
[Added 6-7-2023 by Ord.
No. 20-2023]
