[HISTORY: Adopted by the Mayor and Board of Aldermen of the
Town of Dover 4-12-2116 by Ord. No. 06-2016;[1] amended in its entirety 11-22-2022 by Ord. No. 38-2022. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 285.
[1]
Editor's Note: This ordinance also superseded former Ch. 286,
Property, Vacant and Foreclosed, adopted 11-25-2014 by Ord. No. 25-2014.
A.
It is the intent of this chapter to protect and preserve the public
health, safety and welfare and security and quiet enjoyment of residents
and neighborhoods by i) requiring mortgagees, including banks, financial
institutions, credit unions, lenders, trustees and service companies
to properly maintain vacant and/or foreclosing properties, and ii)
regulating the maintenance of vacant and/or foreclosing real properties
in order to prevent blighted and unsecured residences.
B.
In addition to any other remedies in law or equity not set forth
herein, enforcement authority shall be vested in the Code Enforcement
Department. The Police Department and Department of Public Works shall
also have enforcement authority with respect to this chapter. The
Town Administrator may also designate, when necessary, additional
enforcement duties for other Town Departments.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
consistent with the context, words used in the present tense include
the future, words in the plural include the singular and words in
the singular include the plural. The word "shall" is always mandatory
and not merely directory.
The Chief Code Enforcement Officer of the code Enforcement
Department and/or his or her designee(s).
Consecutive calendar days.
The Code Enforcement Department and any other Department
designated as such by the Town Administrator.
The legal process by which a mortgagee, or other lien holder,
terminates 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, public notice
of default, 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 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.
Any of the following actions taking by a mortgagee against
the borrower or mortgagee of a property: i) taking possession of the
property; ii) commencing a foreclosure action or filing a lis pendens
in the Superior Court of New Jersey.
The bank, financial institution, lending institution, credit
union and/or 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 the mortgage
agreement, excluding governmental entities as assignee or owner.
Any real estate, residential property, or portion thereof,
located in the Town of Dover, including buildings or structures situated
on the property. For the purposes of this section only, property does
not include property owned or subject to the control of the Town or
any of its governmental bodies or agencies including, but not limited
to, property owned or controlled by the Housing Authority of the Town
of Dover.
Taking measures that assist in making the property inaccessible
to unauthorized persons.
The Town of Dover.
Any property not currently legally occupied and not properly
maintained or secured.
A.
Any mortgagee who holds a mortgage on real property located within
the Town shall perform an inspection of the property to determine
vacancy or occupancy, upon default by the mortgagor as evidenced by
the filing of a foreclosure action or any evidence of an existing
foreclosure action or lien holder has obtained ownership of the real
property. The mortgagee shall, within 10 days of the inspection, register
the property with the Code Enforcement Department, or its designee,
on forms or other manner as directed, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
B.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number, and email
address for the mortgagee, and the servicer, and the name and twenty-four-hour
contact phone number of the local property management company responsible
for the security and maintenance of the property.
C.
If the mortgagee is located outside of New Jersey, it must provide
the full name, mailing address, and direct-dial telephone number of
an in-state representative or agent for the mortgagee.
D.
Mortgagees who have existing registrable property on the effective
date of this chapter have 30 calendar days from the effective date
to register the property with the Code Enforcement Department, or
its designee, on forms or other manner as directed, and indicate whether
the property is vacant or occupied. A separate registration is required
for each property, whether it is vacant or occupied.
E.
Registration of foreclosure property does not alleviate the mortgagee
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 is expected to update the status of the property
in the event of a mortgagee managed rental.
F.
If the mortgage on a registrable property pursuant to this section
is sold or transferred, the new mortgagee is subject to all the terms
of this chapter. Within 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.
G.
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 chapter. Within 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 foreclosure property.
H.
As long as the property is registrable it shall be inspected by the
mortgagee, or designee, monthly. If an inspection shows a change in
the property's occupancy status the mortgagee shall, within 10
days of that inspection, update the occupancy status of the property
registration.
I.
A nonrefundable annual registration fee shall accompany each registration
pursuant to this section.
J.
For foreclosure properties, at the time of initial registration,
the mortgagee shall pay a nonrefundable annual registration fee of
$2,000 for each property under foreclosure due within 10 days of the
expiration of the previous registration.
K.
If the foreclosure 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.
L.
All registration fees must be paid directly from the mortgagee, trustee,
servicer, or owner. Third-party registration fees are not allowed
without the consent of the Town and/or its authorized designee.
M.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as they are registrable.
N.
Until the mortgage or lien on the property in question is satisfied,
or legally discharged, the filing of a dismissal of lis pendens and/or
summary of final judgment and/or certificate of title, voluntary or
otherwise, does not exempt any mortgagee holding the mortgage, from
all the requirements of this chapter.
O.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
P.
Failure of the mortgagee to properly register or to modify the registration
form from time to time to reflect a change of circumstances as required
by this chapter is a violation of the chapter and shall be subject
to enforcement and any resulting monetary penalties.
Q.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Town may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the work performed to benefit the property
and bring it into compliance.
R.
Once the property is no longer vacant or is sold or otherwise transferred,
the mortgagee must provide proof of sale, transfer, or occupancy to
the enforcement authority within 30 days of sale or transfer.
A.
Properties subject to the requirements of this chapter must be maintained
in accordance with the all applicable federal, state and local laws,
rules and regulations. The owner, local individual or local property
management company must inspect the property twice a month for the
duration of the vacancy.
B.
The property must contain a posting with the name and twenty-four-hour
contact phone number of the local individual or property management
company responsible for the maintenance. This sign must be posted
on the front of the property, so it is clearly visible from the street.
C.
Adherence to this section does not relieve the owner of any applicable
obligations set forth in the Code of the Town of Dover, covenant conditions
and restrictions, and/or homeowners' association rules and regulations.
The enforcement authority shall have the authority and the duty
to inspect properties subject to this chapter for compliance and to
issue summonses for any violations.
A.
Failure to initially register with the enforcement authority is punishable
by a fine of $1,000.
B.
Failure to maintain the property or respond to the notice as set forth in § 286-3I hereinabove is punishable by a fine up to $1,000, plus costs associated with the cleanup, to include, but not be limited to tipping fees and overtime for use of personnel and equipment, for the first offense and any subsequent offense may be punishable pursuant to the general penalty provision of this code.
C.
Nothing contained herein shall prevent the Department of Public Works, in a case of an unregistered or delinquent registered owner, from cleaning up the property on an as needed basis and imposing a lien against the property for costs associated for cleanup as set forth in Subsection C.
D.
Any fine(s) or cost(s) associated with cleaning up the property that
remains uncollected or unpaid shall, by resolution of the Mayor and
Board of Aldermen, become a lien upon the property, which lien shall
hereafter form part of the taxes next to be assessed and levied upon
said lands, the same to bear interest at the same rate as taxes to
be collected and enforced by the same officers and in the same manner
as taxes in accordance with the provisions of N.J.S.A. 40:48-2.14.
E.
As authorized under P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3 g.(1), if an out-of-state mortgagee that is subject to § 286-3 hereinabove, is found by the municipal court of the municipality in which the property subject to this chapter is located, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to the ordinance shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a Mortgagee for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in paragraph.
F.
As authorized in P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3 g.(2), if an out-of-state mortgagee that is subject to § 286-3 hereinabove, is found by the municipal court of the municipality in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection A of this section, shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection 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.
Upon the effective date as set forth in § 10 herein
below, any existing vacant or foreclosing properties shall have 30
days to comply with the provisions of this chapter.
Registration fees and penalties outlined in this chapter may
be modified by an amendment to this chapter, passed and adopted by
the Mayor and Board of Aldermen of the Town of Dover.
All ordinances or parts of ordinances inconsistent with the
provisions of this chapter be and the same are hereby repealed.
If any portion or clause of this chapter is declared invalid
for any reason whatsoever, same shall not affect the validity or constitutionality
of any other part or portion of this chapter.
The chapter shall take effect in accordance with law.
