[HISTORY: Adopted by the Township Committee of the Township
of Medford 11-21-2023 by Ord. No. 2023-17.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 53,
Property Maintenance; Vacant/Abandoned Properties in Foreclosure,
adopted 10-21-2014 by Ord. No. 2014-14.
As used under this chapter, these words shall have the following
meanings:
Any 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 39 of 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.
Every mortgagor, mortgagee, executor, administrator of estate,
trustee, agent, real estate agency, property manager, or interested
parties who, along or severally with others, has legal or equitable
title to any dwelling, dwelling unit, mobile dwelling unit, business,
commercial property, or parcel of land, vacant or otherwise; or
Has care, charge or control of any such property, vacant or
otherwise, in any capacity, including, but not limited to, agent,
executor, executrix, administrator, administratrix, trustee or guardian
of the estate of the holder of legal title; or
Is a mortgagee in possession of any such property; or
Is an agent, trustee, or other person appointed by the courts
and vested with possession or control of any such property; or
Is an officer or trustee of the association of unit owners of
a condominium. Each such person is bound to comply as if he/she were
the owner. However, this chapter shall not apply to any condominium
association or co-op that forecloses or initiates the foreclosure
process for unpaid assessments due or owing to the association; or
Every person who operates a rooming house or boardinghouse;
or
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
The officer or officers, board or body who is or are authorized
under this chapter to exercise the powers set forth in this chapter
and in the laws of the State of New Jersey.
Any building used or to be used for residential and/or commercial/business
purposes which is not occupied or legally occupied or at which substantially
all lawful construction operations or residential or commercial occupancy
has ceased, and which is in such condition that it cannot legally
be reoccupied without repair or rehabilitation, including but not
limited to any property meeting the definition of abandoned property
in N.J.S.A. 55:19-81; provided, however, that any property where all
building systems are in working order, where the building and grounds
are maintained in good order and where the building is in habitable
condition and where the building is being actively marketed by its
owner for sale or rental shall not be deemed a vacant property for
purposes of this chapter.
The Township Manager or his designee is hereby designated and
appointed as the public officer to exercise the powers set forth in
this chapter. The public officer charged with the responsibility for
identifying abandoned properties and giving notice as set forth in
N.J.S.A. 55:19-82 shall be that officer qualified to carry out the
responsibilities and designated by the Township pursuant to N.J.S.A.
55:19-80.
A.
The public officer shall identify all properties within the municipality which are deemed abandoned pursuant to N.J.S.A. 55:19-78 et seq. The abandoned properties so identified shall include any and all properties found unfit for occupancy pursuant to the provisions of Chapter 52 of this Code.
B.
Each item of abandoned property shall be identified by tax block
and lot number, the name of the owner of record (if known), and the
street address of the lot.
C.
Upon identification of abandoned property, the public officer shall
create and maintain a list of such property to be called the "abandoned
property list." Properties may be added to the list at any time, or
deleted from the list at any time the public officer finds that the
property no longer meets the definition of an abandoned property.
An interested party may request that a property be included on the
abandoned property list following the procedure set forth in N.J.S.A.
55:19-105.
D.
An abandoned property shall not be included on the abandoned property list if rehabilitation is being performed in a timely manner, as evidenced by building permits issued and diligent pursuit of the rehabilitation work authorized by those permits. A property on which an entity other than the municipality has purchased or taken assignment from the municipality of a tax sale certificate, which has been placed on the abandoned property list, may be removed from the list in accordance with the provisions of N.J.S.A. 55:19-103. Notwithstanding the foregoing, a property deemed unfit pursuant to the provisions of Chapter 52 of this Code shall be subject to an order setting forth a specific time within which the repair, alteration or improvement of such unfit structure shall be made.
E.
The public officer shall issue a notice to a creditor filing the
summons and complaint in an action to foreclose if the creditor has
violated any section of this chapter.
(1)
If the creditor has failed to provide care, maintenance, security,
and upkeep of the exterior of the abandoned property, such notice
shall require the creditor 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.
If an owner of a commercial property abandons any property on which
a foreclosure proceeding has been initiated and the exterior of the
property is found to be a nuisance or found to be in violation of
the Township, local, or state building codes, the public officer shall
notify the creditor who shall have the responsibility to abate the
nuisance or correct the violation. The Township shall provide a description
of the conditions that gave rise to the nuisance or violation and
shall provide a period of not less than 30 days from the creditor's
receipt of the notice to remedy the nuisance or correct the violation.
If the creditor fails to remedy the nuisance or abate the violation
within that time period, the Township may impose penalties.
A.
The public officer, within 10 days of the establishment of the abandoned
property list, or any additions thereto, shall send a notice, by certified
mail, return receipt requested, and by regular mail, to the owner
of record of every property included on the list and shall cause the
list to be published in the official newspaper of the municipality,
which publication shall constitute public notice. The published and
mailed notices shall identify the property determined to be abandoned,
setting forth the owner of record (if known), the tax lot and block
number, and street address. The notice shall also include procedures
on appealing the determination pursuant to N.J.S.A. 55:19-55e. The
public officer, in consultation with the Tax Collector, shall also
send out a notice by regular mail to any mortgagee, servicing organization,
or property tax processing organization that receives a duplicate
copy of the tax bill pursuant to Subsection d of N.J.S.A. 54:4-64.
When the owner of record is not known for a particular property and
cannot be ascertained by the exercise of reasonable diligence by the
Tax Collector, notice shall not be mailed but instead shall be posted
on the property in the manner provided in N.J.S.A. 40:48-2.7. The
mailed notice shall indicate the factual basis for the public officer's
finding that the property is abandoned property as that term is defined
in N.J.S.A. 55:19-81, and the rules and regulations promulgated thereunder,
specifying the information relied upon in making such finding. In
all cases, a copy of the mailed or posted notice shall also be filed
by the public officer in the office of the Burlington County Clerk.
This filing shall have the same force and effect as a notice of lis
pendens under N.J.S.A. 2A:15-6.
B.
The public officer shall seek reimbursement for the postage costs and search fees associated with providing notice in accordance with Subsection A of this section from the authority (as defined in N.J.S.A. 40:48-2.4) or its subsidiaries in accordance with procedures and rules promulgated by the Department of Community Affairs.
A.
Any property or building used or to be used as a residence or business
which is not occupied, or not legally occupied, for a period of six
months, and at least one of the following conditions exist, shall
be determined to be abandoned:
(1)
The property is in need of rehabilitation in the judgment of the
public officer and no rehabilitation has taken place during the six-month
period; or
(2)
Construction was initiated on the property and then discontinued
for a period of at least six months, leaving the building unsuitable
for occupancy; or
(3)
At least one installment of real property tax remains unpaid or delinquent;
or
(4)
The property has been determined to be a nuisance pursuant to N.J.S.A.
55:19-82.
B.
A property which contains both residential and nonresidential space may be considered abandoned so long as 2/3 or more of the net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months and otherwise meets the criteria of either Subsection A(1) or (4) above.
The public officer may, as appropriate and in the discretion of the public officer, proceed to obtain repair, alteration, closing, improvement or demolition of a property on the abandoned property list, including those deemed unfit for occupancy, pursuant to either the provisions authorized by N.J.S.A. 40:48-2.3 et seq., or as authorized by N.J.S.A. 55:19-54 through 55:19-59 and N.J.S.A. 55:19-78 through 55:19-107. Pursuant to the provisions of N.J.S.A. 55:19-82, a property determined by the public officer to be a nuisance under the provisions of Subsection 82 of the statute shall be subject to the provisions of Chapter 52.
The public officer shall have all of the powers available to
the municipality, its agents, servants, and employees under the under
the Abandoned Properties Rehabilitation Act (N.J.S.A. 55:19-78 et
seq.). Specifically, the public officer may:
A.
When the owner or party in interest has failed to submit or initiate
a rehabilitation plan, the public officer may bring a summary action
in Superior Court to transfer possession and control of the property
to the municipality for the development of such a plan. Upon being
granted possession and control, in addition to adopting a rehabilitation
plan, the municipality may commence and maintain further actions to:
1) conserve, protect or dispose of the property; 2) recover costs
and expenses of the rehabilitation; and 3) if owner does not apply
for reinstatement of control as provided for by N.J.S.A. 55:19-92,
sell the property as directed by the court.
B.
After filing a notice of intent to take control of the property pursuant
to N.J.S.A. 55:19-86, the public officer may enter onto the property
as provided for in Subsection c of this section of the statute in
order to inspect, secure stabilize or repair the property for purposes
of preparing a rehabilitation plan. The public officer may cause such
building to be repaired, altered or improved so as to make it fit
for human habitation, occupancy or use, or to be vacated and closed,
and the said public officer may cause to be posted on the main entrance
of any building so closed a placard with the following words: "This
building is unfit for human habitation, occupancy or use; the use
or occupation of this building is prohibited and unlawful."
C.
Upon a proper showing to the court, the public officer may seek to
obtain title to the property or sell same with the proceeds of such
transaction to be distributed, in the following priority, for 1) the
costs and expenses of sale; 2) other government liens; 3) repayment
to the municipality for any borrowing or indebtedness granted priority
lien status pursuant to N.J.S.A. 55:19-98; 4) a reasonable development
fee to the municipality consistent with the standards established
by the Department of Community Affairs or New Jersey Housing and Mortgage
Finance Agency for rehabilitation programs; 5) other valid liens and
security interests in accordance with their priority; and 6) the owner.
D.
With the approval of the court, place a lien on the property to cover
the costs of proceeding under N.J.S.A. 55:19-78 et seq.
A.
In addition to those powers set forth above, the municipality may
proceed to tax sale on the property pursuant to N.J.S.A. 55:19-56,
designate a qualified rehabilitation entity to act on behalf of the
municipality in rehabilitating the property, borrow funds to facilitate
the powers given to the municipality under the law and seek priority
lien status for such borrowings. The purpose of this chapter is to
provide the municipality with all powers granted to it by the legislature
under N.J.S.A. 40:48-2.3 et seq., N.J.S.A. 55:19-54 et seq., and N.J.S.A.
55:19-78 et seq. which are incorporated herein and made a part hereof.
B.
If the Township expends public funds to abate a nuisance or abate
a violation on a commercial property in situations which the creditor
was given notice pursuant to this chapter, but failed to abate the
nuisance or violation, the Township shall have recourse against the
creditor for reimbursement of those funds, pursuant to N.J.S.A. 55:19-100.
Notwithstanding the requirements of any other section of the
Code, all vacant or abandoned properties shall be required to register
with the Township.
Effective October 1, 2018, the owner of any vacant property
as defined herein shall, within 30 calendar days after the building
becomes vacant property or within 30 calendar days after assuming
ownership of the vacant property, whichever is later, or within 10
calendar days of receipt of notice from the municipality, file a registration
statement for such vacant property with the Township Code Enforcement
Officer on forms provided by the Township for such purposes. The owner
of any property which meets the definition of vacant property at the
time of the effectiveness of this chapter shall have 30 days to register
the property. Any failure to provide notice by the municipality shall
not constitute grounds for failing to register the property.
A.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
B.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 18
years or older, designated by the owner as the authorized agent for
receiving notices of code violations and for receiving process in
any court proceeding or administrative enforcement proceeding on behalf
of such owner in connection with the enforcement of any applicable
code; and the name, street address, telephone number and email address
(if applicable) of the firm and actual name(s) of the firm's
individual principal(s) responsible for maintaining the property.
The individual or representative of the firm responsible for maintaining
the property shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis. The two entities may be the same or different
persons. Both entities shown on the statement must maintain offices
in the State of New Jersey or reside within the State of New Jersey.
C.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the property. The individual or representative of
the firm responsible for maintaining the property shall be available
by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week
basis. The two entities may be the same or different persons. Both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey.
D.
The registration shall remain valid for one year from the date of
registration, except for the initial registration, which shall be
valid through December 31 of the year in which it was filed. The owner
shall be required to renew the registration annually as long as the
building remains a vacant property and shall pay a registration or
renewal fee in the amount prescribed in this chapter for each vacant
property registered.
E.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
F.
The owner shall notify the Clerk within 10 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Clerk for such purpose. The owner
shall have a continuing obligation to maintain true and accurate registration
information with the Township.
G.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township against the owner of
the building.
A creditor filing a summons and complaint in an action to foreclose
on a mortgage on a commercial property in the Township shall, within
10 days of serving the summons and complaint, notify the municipal
clerk and public officer. The notice shall contain the following:
A.
Street address, lot, and block number of the property.
B.
Full name, address, and telephone number for the representative of
the creditor who is responsible for receiving complaints of property
maintenance and code violations.
C.
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.
Notice may contain information about more than one property. If there
is any change in the above referenced information submitted to the
municipal clerk and public officer, the creditor shall provide such
change to the municipal clerk and public officer within 10 days of
the change of that information.
A.
In addition to the notice requirements outlined above, the creditor filing a summons and complaint in an action to foreclose shall register the residential or commercial property as a property in foreclosure and shall provide the information required in § 53-11, as well as the following:
B.
If there is any change in the information required for the notice
or registration pursuant to this chapter, the creditor shall update
the information within 10 days of the change of that information.
If the property becomes vacant and abandoned after the property is
registered with the Township, then the creditor shall update the registration
with the Township.
Pursuant to the provisions of N.J.S.A. 46:10B-51(b), any creditor
initiating a new foreclosure action shall have 10 days to provide
Medford Township Clerk with notice of the action. Such notice shall
provide:
A.
The name and contact information for the representative of the creditor
who is responsible for receiving complaints of property maintenance
and code violations;
B.
The street address, lot and block number of the property;
C.
The full name and contact information of an individual located in
New Jersey authorized to accept service on behalf of the creditor;
and
D.
Whether the property is subject to the provisions of the New Jersey
Fair Housing Act.
A property shall be considered vacant and abandoned if it is
not legally occupied by a mortgagor or tenant, which is under such
condition that it cannot be legally reoccupied, because of the presence
or finding of at least two of the following:
A.
Overgrown or neglected vegetation;
B.
The accumulation of newspapers, circulars, flyers, or mail on the
property;
C.
Disconnected gas, electric, or water utility services to the property;
D.
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
E.
The accumulation of junk, litter, trash, or debris on the property;
F.
The absence of window treatments such as blinds, curtains, or shutters;
G.
The absence of furnishings and personal items;
H.
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
I.
Windows or entrances to the property that are boarded up or closed
off, or multiple window panes that are damaged, broken, and unrepaired;
J.
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
K.
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;
L.
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;
M.
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;
N.
A written statement issued by a mortgagor expressing the clear intent
of all mortgagors to abandon the property; or
O.
Any other reasonable indication of abandonment.
A.
The initial registration fee for an abandoned property shall be $500
and shall be prorated for registration statements received less than
10 months prior to the due date.
C.
Registration fee schedule for creditor of residential or commercial
properties.
(1)
Initial registration: $500 per property that is required to be registered
because a summons and complaint in an action to foreclose was filed.
(2)
An additional $2,000 per property if the property is vacant and abandoned
when the summons and complaint in an action to foreclose is filed,
or becomes vacant and abandoned at any time thereafter.
The owner of any vacant property registered under this chapter
shall provide access to the Township to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes upon reasonable notice to the property owner or the designated
agent. Such inspections shall be carried out on weekdays during the
hours between 7:30 a.m. and 4:45 p.m., or at such other time as may
be mutually agreed upon between the owner and the Township.
The owner of any building that has become vacant property, and
any person maintaining or operating or collecting rent for any such
building that has become vacant, shall, within 30 days thereof:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township of Mansfield Code, or
as set forth in the rules and regulations supplementing such Code;
and
B.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
C.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well
maintained and free from trash, debris, loose litter, and grass and
weed growth, vehicles and accumulation of newspapers/flyers/notices;
and
D.
Continue to maintain the structure in a secure and closed condition
and keep the grounds in a clean and well-maintained condition, and
ensure that the sign is visible and intact until the building is again
occupied or demolished, or until repair and/or rehabilitation of the
building is complete; and
E.
Pools and spas shall be kept in working order so that the water remains
clear and free of pollutants and debris, or drained and kept dry.
In either case properties with pools and/or spas must comply with
the minimum security fencing requirement of
F.
Responsibilities for creditor filing a summons and complaint in an
action to foreclose on a commercial or residential property.
(1)
Creditor shall be responsible for the care, maintenance, security,
and upkeep of the exterior of an abandoned property registered with
the Township.
(2)
Creditor located out of state shall be responsible for appointing
an in-State representative or agent to act for them.
(3)
Creditor shall secure the property against any unauthorized entry,
by posting a sign affixed to the inside of the property and visible
to the public indicating the name, address, and telephone number of
the creditor, or acquire and otherwise maintain liability insurance
with the Township.
A.
Pursuant to N.J.S.A. 40:48-2.12s, if the public officer determines that a creditor, who has filed a summons and complaint in an action for foreclosure, has violated this chapter by failing to provide for the care, maintenance, security, or upkeep of the exterior of the property, the public officer shall issue a notice requiring the person or entity responsible 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. The issuance of a notice pursuant to this subsection shall constitute proof that the property is vacant and abandoned for the purposes of the New Jersey Foreclosure Fairness Act, N.J.S.A. 2A:50-73. Any creditor required to care for, maintain, secure and keep up a property under this chapter cited in a notice issued pursuant to § 53-19 shall be subject to a fine of $1,500 for each day of the violation. In addition, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in § 1-16 of the Township Code.
B.
An out-of-state creditor subject to this chapter that is found by
any court of competent jurisdiction to be in violation of the requirement
to appoint an in-state representative or agent pursuant to this chapter
shall be subject to a fine of $2,500 for each day of the violation.
Any fines imposed for failure to appoint an in-state representative
or agent shall commence on the day after the ten-day period set forth
in the N.J.S.A. 10B-51(a)(1).[1]
[1]
Editor's Note: See N.J.S.A. 46:10B-51a(1).
C.
An out-of-state creditor subject to this chapter that is found by
any court of competent jurisdiction to be in violation of the requirement
to correct a care, maintenance, security, or upkeep violation cited
in a notice issued pursuant to this chapter 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, 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.
E.
Any person who violates any provision of this section not addressed by Subsections B and C of this section, or the rules and regulations issued hereunder, shall be fined not less than $100 and not more than $1,250 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property.
F.
Any fine(s) or cost(s) associated with cleaning up the property that
remains uncollected or unpaid shall, by resolution of the Township
Committee, 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.
G.
A creditor found to have violated this chapter shall be subject to
a fine of $1,500 for each day of the violation. Any fines imposed
pursuant to this chapter 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.
In addition to the violation and penalty provisions of this
chapter, Medford Township, pursuant to N.J.S.A. 46:10B-51(c) and the
provisions of this chapter, may seek indemnification from any lender
to recover the costs of public funds spent to abate a nuisance or
correct a violation following a creditor's noncompliance with
this chapter.
The Township may contract with and set the compensation of a
private entity, pursuant to N.J.S.A. 40A:11-1 et seq., to assist the
Township in the implementation and administration of the property
registration program established in this chapter. The Township may
delegate to such private entity any duties under this chapter including,
without limitation, identifying properties located within the municipality
that are subject to the registration requirements of this chapter,
maintaining and updating the property registrations for the Township,
communicating with the creditor of vacant and abandoned properties,
invoicing and collecting payment for the creditors for fees authorized
by this chapter and monitoring compliance with this chapter. An entity
may conduct property registration services on behalf of the Township
pursuant to a shared services agreement subject to N.J.S.A. 40A:65-1
et seq. Property registration fees imposed pursuant to this chapter
shall be considered a municipal charge pursuant N.J.S.A. 54:5-1 et
seq. Any fees collected by an entity pursuant to this chapter shall
be paid to the Township within a time frame specified in the contract
between the entity and the Township. Payments involving a third-party
entity will be collected pursuant to N.J.S.A. 40:48-2.12s3(f).
