[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 2-22-2023 by Ord. No. 2023-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 96.
Unsafe buildings — See Ch. 101.
Uniform construction codes — See Ch. 120.
[1]
Editor's Note: This ordinance also repealed former Ch. 102,
Buildings, Vacant, Abandoned or Pending Foreclosure, adopted 11-18-2014 by Ord. No. 2014-15.
The following terms, wherever used herein or referred to in
this chapter, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this section, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property.
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes and shall include a street name or rural delivery
route.
Any residential or commercial building which is not legally
occupied by an owner, a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied, and two or more of the conditions
in exist:
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 property 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 any
adjoining or adjacent property owners due to acts of 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
A.
Purpose. The purpose of this section is to create a Township property
registration program for the purposes of identifying and monitoring
vacant and abandoned residential and commercial properties within
the Township.
B.
Responsibilities. The Township Property Registration Program shall
be responsible for regulating the care, maintenance, security, and
upkeep of the exterior of vacant and abandoned residential and commercial
on an annual basis.
C.
Official. The Zoning Officer of the Township shall be responsible
for administration of the Township Property Registration Program.
A.
The responsible party for a vacant and abandoned property shall file
a certificate of registration with the Clerk of the Township within
90 days after the property becomes vacant and abandoned or within
30 days after the responsible party assumes ownership of or responsibility
for an already vacant and abandoned property, whichever is later.
B.
The certificate of registration shall be filed on forms prescribed
by the Township and shall contain:
(1)
The name, street address, and telephone number of a natural person
who resides or maintains an office within the state and who is either
the responsible party or an authorized agent designated by the responsible
party to receive notices and complaints of property maintenance and
code violations on behalf of the responsible party;
(2)
The name, street address, and telephone number of the person responsible
for maintaining the property, if different; and
(3)
Evidence of any liability insurance.
C.
A responsible party for a vacant and abandoned property shall file
an amended certificate of registration within 30 days after any change
in the information required to be included thereon.
D.
A certificate of registration shall remain valid for one year and
shall be renewed on an annual basis if the property remains vacant
and abandoned.
E.
The initial registration fee for each vacant and abandoned property
shall be $500, which fee shall be payable to the Township of Allamuchy
and forwarded to the Municipal Clerk.
F.
The fee for the first annual renewal of the certificate of registration
shall be $1,500, which fee shall be payable to the Township of Allamuchy
and forwarded to the Municipal Clerk.
G.
The fee for the second annual renewal of the certificate of registration
shall be $3,000, which fee shall be payable to the Township of Allamuchy
and forwarded to the Municipal Clerk.
H.
The fee for each subsequent annual renewal of the certificate of
registration shall be $5,000, which fee shall be payable to the Township
of Allamuchy and forwarded to the Municipal Clerk.
I.
Registration fees imposed pursuant to this section shall not be charged
to an owner or forecloser which is an agency or instrumentality of
the United States of America.
A.
Forty-five days after the Township notifies the responsible party
that the property is vacant and abandoned and until the property is
reoccupied, the responsible party for a vacant and abandoned property,
shall:
(1)
Enclose and secure the property against unauthorized entry;
(2)
Post a sign affixed to the inside of the property and visible to
the public indicating the name, address, and telephone number of the
responsible party, any authorized agent designated by the responsible
party for the purpose of receiving service of process, and the person
responsible for maintaining the property if different; and
(3)
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.
B.
This section shall not be construed to diminish any property maintenance
responsibilities of property owners who are not subject to the provisions
of this section.
A.
The creditor filing a summons and complaint in an action to foreclose
shall, in addition to the notice provided to the municipality pursuant
to N.J.S.A. 46:108-51 register the residential or commercial property
with the Township's Property Registration Program as a property
in foreclosure.
B.
Registration as a property in foreclosure. The creditor must provide
the municipality with:
(2)
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; and
(3)
Identify whether the property is vacant and abandoned in accordance with the definition in § 102-1; and
(4)
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the Property Registration Program within
10 days of the change in that information; and
(5)
If there is any change in the property's status, update the
property registration with Township's Property Registration Program
to reflect the change; and
(6)
If the creditor is located out-of-state, the information of an in-state
representative or agent to act for the foreclosing creditor.
C.
The creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the Property Registration
Program.
E.
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 30 days of receipt of the notice, or within 10 days of receipt
of the notice if the violation presents an imminent threat to public
health and safety.
F.
Fees. The creditor will pay an annual registration fee of:
(1)
Five hundred dollars 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.
(2)
An additional $2,000 per property annually if the property is vacant
or abandoned when the summons and complaint in an action to foreclose
is filed, or becomes vacant and abandoned pursuant to the definition
in the ordinance at any time thereafter while the property is in foreclosure.
(3)
The registration fee shall be due on January 31 of each year.
G.
Any fines imposed pursuant to this section shall commence 31 days
following receipt of the notice of violation, except if the violation
presents an imminent risk to public health and safety, in which case
any fines shall commence 11 days following receipt of the notice.
H.
Penalties for out-of-state creditors. An out-of-state creditor who
fails to appoint an in-state representative or agent after the 10th
day of the period set forth in N.J.S.A. 46:108-51 shall be subject
to a fine of $2,500 for each day of the violation.
I.
Twenty percent of any money collected pursuant to this section shall
be utilized by the municipality for code enforcement purposes.
A.
For the purposes of this section only, "creditor" means 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," N.J.S.A. 17:11C-51 through
N.J.S.A. 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 section, 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.
B.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on commercial property shall, within 10 days of serving
the summons and complaint, notify the Zoning Officer or Clerk of the
Township that a summons and complaint in an action to foreclose on
a mortgage has been filed against the subject property.
C.
The notice 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.
D.
The notice may contain information about more than one property and
shall be provided by mail and electronic mail communication.
E.
The Zoning Officer and/or Clerk of the Township shall forward a copy
of the notice to any other local official responsible for administration
of any property maintenance or public nuisance code.
F.
The notice shall also include the street address, lot, and block
number of the property.
G.
If there is any change in the name, address, 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 paragraph following the filing of the summons and complaint,
the creditor shall provide a notice to the Zoning Officer or Clerk
of the Township containing the updated name, address, or telephone
number within 10 days of the change in that information.
H.
If the owner of a commercial property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a commercial
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
creditor or any other third party, and the exterior of the property
is found to be a nuisance or in violation of any applicable state
or local code, the Zoning Officer of the Township shall notify the
creditor or the representative or agent.
I.
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 creditor's receipt
of the notice for the creditor to remedy the violation.
J.
If the creditor fails to remedy the violation within that time period,
the Township may impose penalties allowed for the violation of municipal
ordinances.
K.
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 the provisions of Subsection H of this section 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 title owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100.
A.
A responsible party that violates any provision of this section or
any ordinance adopted pursuant hereto, shall be liable to a penalty
of not less than $500 and not more than $1,000; which penalty may
continue to be imposed and collected.
B.
Each day that a violation continues shall constitute an additional,
separate, and distinct offense.
