It is the intent of this article, as further detailed within its enabling ordinance, to enable Salem City to engage in the identification, registration, monitoring of properties that are or may become vacant and abandoned to the fullest extent permitted by P.L. 2021, c. 444,[1] in order to combat the immeasurable and deleterious effects of blight arising from residential and commercial properties that become vacant or abandoned during the foreclosure process.
A. CREDITOR OWNER VACANT AND ABANDONED(1) (2) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o)
Definitions. All words, terms, and phrases used within this Article shall be defined and interpreted consistent with their meanings as outlined within P.L. 2021, c. 444 as may be amended from time to time.
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," Sections 1 through 21 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through C. 17:11C-89), and any entity, agent, or assignee acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers, 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 a residential or commercial mortgage changes as a result of an assignment, transfer or otherwise after filing a complaint in the Superior Court, the new entity shall be deemed the creditor 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.
Shall include the titleholder, any agent of the titleholder having authority to act with respect to a vacant property.
A property shall be deemed "vacant and abandoned" for purpose of this article if:
The property is not legally occupied by a mortgagor or tenant; and
Is in such a condition that it cannot be legally reoccupied because at least the presence of at least two of the following conditions:
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 windowpanes 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.
B.
Standards for maintenance. The premises shall be kept free of litter, including without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass, and all of the nuisances and hazards to the safety of pedestrians and other persons having access to the premises and free of unsanitary conditions; and any of the foregoing shall be promptly removed and abated. The word "hazards" shall include, but is not limited to the following:
(1)
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.
(2)
Natural growth: dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhangings: loose, overhanging and projecting objects and accumulations of ice and snow which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof.
(4)
Ground surface and unsanitary conditions: holes, excavations, breaks, projections, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.
(5)
Recurring accumulation of stormwater. Adequate runoff drains shall be provided and maintained to eliminate recurrent accumulations of stormwater.
(6)
Sources of infestation.
(7)
Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
(8)
Chimneys and flue and vent attachments thereto. Chimneys and flue and vent attachments thereto shall be maintained structurally sound, safe, durable, smoke-tight and capable of withstanding the action of flue gases.
(9)
Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.