[HISTORY: Adopted by the Township Council of the Township
of Hardyston 12-14-2022 by Ord. No. 2022-13[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 51,
Abandoned Properties, adopted 10-28-2015 by Ord. No. 2015-16, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A.
55:19-83), any property that has not been legally occupied for a period
of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by the Zoning Officer that:
The property is in need of rehabilitation in the reasonable
judgment of the Zoning Officer and no rehabilitation has taken place
during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Zoning Officer pursuant to this
section;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Chapter 4 of Title
54 of the Revised Statutes[1] as of the date of a determination by the Zoning Officer
pursuant to this section; or
The property has been determined to be a nuisance by the Zoning
Officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as 2/3 or more of the total 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 at the time of the determination of abandonment by the Zoning Officer and the property meets the criteria of either Subsection A(1) or (4) of this section.
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 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. 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 nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, Sec. 17), or any other entity determined by the Township of
Hardyston to have authority to act with respect to the property.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
Any real property located in the Township of Hardyston, whether
vacant or occupied, that i) is subject to an ongoing foreclosure action,
ii) has been the subject of a foreclosure action and a judgment has
been entered but the property has not yet been sold at a foreclosure,
iii) has been the subject of a foreclosure sale and title was transferred
to the mortgagee or an affiliate entity of the mortgagee, or iv) was
transferred to the mortgagee or an affiliated entity of the mortgagee
under a deed in lieu of foreclosure or foreclosure sale. The designation
of a foreclosure property as registrable shall remain in place until
such time as the property is sold to a nonrelated bona fide purchaser
in an arm's length transaction or the foreclosure action has
been dismissed; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first; or
Any property deemed vacant and abandoned pursuant to this chapter.
A web-based electronic database of searchable real property
records, used by Hardyston Township to allow mortgagees and owners
the opportunity to register properties and pay applicable fees as
required in this chapter.
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property.
Six months from the date of the first action that requires
registration, as determined by Hardyston Township or its designee,
and every subsequent six months. The date of the initial registration
may be different than the date of the first action that required registration.
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 in which two or more of
the following conditions 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;
Any other reasonable indicia of abandonment.
The definition shall exclude buildings under active construction
and/or buildings occupied on a seasonal basis, and buildings that
contain all building systems in working order, are being maintained
on a regular basis, have not been cited by the Township for any violation
of municipal ordinance within such time and are being actively marketed
by its owner for sale or rental.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months, and
which exhibits evidence of vacancy such that a reasonable person would
believe that the property is vacant. Property determined to be abandoned
property in accordance with the meaning of such term in the Abandoned
Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also
be deemed to be vacant property for the purposes of this chapter.
[1]
Editor's Note: See N.J.S.A. 54:4-1 et seq.
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
properties on an annual or semiannual basis.
C.
Official. The Zoning Officer 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 Clerk 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.
The initial registration fee for each vacant and abandoned property
under the provisions of this article shall be $500. The fee for the
first annual renewal shall be $1,500, and the fee for the second annual
renewal shall be $3,000. The fee for any subsequent annual renewal
beyond the second renewal shall be $5,000.
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;
(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 owner of any building that has become vacant, and/or any person
maintaining, operating or collecting rent for any such building that
is vacant, shall immediately post a sign affixed to the inside of
the building indicating the name, address and telephone number of
the owner, the owner's authorized agent for the purpose of service
of process, if designated, and if such person is different from the
owner holding title or authorized agent. The sign shall be of a size
and placed in such a location so as to be legible, to the extent possible
from the nearest public street or sidewalk, whichever is nearer, but
shall be no smaller than 15 inches by 17 inches.
B.
Basic equipment and facilities. Every property that is vacant must
comply with the following minimum standards for basic equipment and
facilities:
(1)
Plumbing. All plumbing fixtures shall be properly installed and be
in sound condition and good repair. The property shall be winterized
by the cessation of water service to the property and the draining
of water lines.
(2)
Electricity. Every existing outlet and fixture shall be properly
connected. Wiring and service lines shall be maintained in good and
safe working condition.
(3)
Heating plant. The heating plant shall be maintained in a safe condition.
(4)
Cooking equipment. All cooking equipment shall be maintained in a
safe condition.
(5)
Electrical and gas utility services shall be discontinued until the
property is again legally occupied or demolished, or until repair
or rehabilitation of the property is complete.
C.
Storage and boarding up of vacant property.
(1)
No room within any vacant property shall be used for storage of junk,
rubbish or wastes, furniture or building materials not intended to
be used in the existing property.
(2)
The boarding up of doors and windows shall not be permitted except
with the permission of the Zoning Officer or construction official
in emergency situations. When doors and windows are boarded up, they
shall be covered with no less than one-half-inch exterior plywood
or equivalent.
(3)
Vacant buildings shall be secured against unauthorized entry until
the building is again legally occupied or demolished, or until repair
or rehabilitation of the property is complete.
D.
Safe and sanitary maintenance. All vacant properties shall comply
with the following minimum standards for safe and sanitary maintenance:
(1)
Every foundation, exterior wall or exterior roof shall be weathertight,
watertight and rodentproof, shall be kept in sound condition and good
repair and shall be safe to use and capable of supporting the load
which normal use may cause to be placed thereon.
(2)
Every floor, interior wall and ceiling shall be substantially rodentproof,
shall be kept in sound condition and good repair and shall be safe
to use and capable of supporting the load which normal use may cause
to be placed thereon.
(3)
Every window, exterior door, and basement or cellar door and hatchway
shall be weathertight, watertight, rodentproof and locked and shall
be kept in sound condition and good repair.
(4)
Every inside and outside stair, porch and any appurtenance thereto
shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon and shall be kept in sound condition
and good repair.
(5)
Every yard shall be properly graded so as to prevent the accumulation
of stagnant water.
(6)
There shall be a controlled method of disposing of water from roofs
by use of gutters and downspouts, which shall be installed and maintained
in sound condition, free of leaks and obstructions.
(7)
Every dwelling's cellar, basement and crawl space shall be maintained
from excessive dampness and leakage.
(8)
The exterior of every structure or accessory structure shall be maintained
free of broken windows, loose shingles, crumbling stone or brick or
excess peeling paint.
(9)
The exterior of the premises and the condition of accessory structures
shall be maintained so that the appearance of the premises and all
buildings thereof shall reflect a level of maintenance in keeping
with the standards of the neighborhood and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
E.
Further responsibilities of owners. All owners of vacant properties
shall be required to comply with the following standards:
(1)
Any yard area (front, side and rear) adjacent to a vacant building
shall be cleared and maintained free of trash, solid debris or any
other materials that cause litter to accumulate to unhealthy and blighting
proportions.
(2)
Grass and weeds shall not be permitted to grow or remain on the side,
front and/or rear yards of any vacant building so as to exceed a height
of 10 inches.
(3)
Abandoned buildings shall not be utilized for storage of any hazardous
materials, whether solid or liquid, including the yard portion of
that building.
(4)
When a vacant dwelling is found to be infested with rats, termites,
roaches and/or any other insects and vermin, the owner shall undertake
an expedient means of extermination of such nuisances.
(5)
All doors and/or lids on appliances, on furniture utilized for storage
or on heating furnaces shall be locked in order to deny entry to an
individual where the potential for physical harm or death may result
should said door or lid close and prevent the individual's escape.
(6)
Provision shall be made for the cessation of the delivery of mail,
newspapers and circulars to the property.
F.
The standards and requirements of this section shall apply as long
as any dwelling remains vacant. Upon occupancy, the other appropriate
sections of this chapter shall prevail.
A.
Any owner who is not in full compliance with this article or who
otherwise violates any provision of this chapter or of the rules and
regulations issued hereunder shall be subject to a fine of $1,500
for each day of violation. Every day that a violation continues shall
constitute a separate and distinct offense. Fines assessed under this
chapter shall be recoverable from the owner and shall be a lien on
the property.
B.
For purposes of this chapter, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 51-3, or such other matters as may be established by the rules and regulations of the Mayor and Council of the Township of Hardyston shall be deemed to be a violation of this chapter.
Nothing in this chapter is intended to nor shall be read to
conflict or prevent the Township of Hardyston from taking action against
buildings found to be unfit for human habitation or unsafe structures
as provided in applicable provisions of the Township Code and/or the
Uniform Construction Code. Further, any action taken under any such
code provision other than the demolition of a structure shall not
relieve an owner from its obligations under this article.
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. 46:10B-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 the following:
(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;
(3)
Identify whether the property is vacant and abandoned in accordance with the definition in § 51-1;
(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;
(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)
$500 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 fee is to be imposed as per Chapter 51, Abandoned Properties, § 51-4, Fee schedule, 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 this chapter at any time thereafter while the property is in foreclosure.
(3)
The registration fee shall be due on the 31st of January 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. 46:10B-51 shall be subject
to a fine of $2,500 for each day of the violation, which may imposed
as a municipal summons or lien.
I.
Twenty percent of any money collected pursuant to this section shall
be utilized by the municipality for code enforcement purposes.
A.
If the mortgage and/or servicing on a registrable property 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, if not already registered, 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.
B.
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 foreclosed property.
C.
If the foreclosing or foreclosed 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 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.
D.
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.
E.
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
property.
F.
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 chapter is a violation of this chapter and shall
be subject to enforcement by any of the enforcement means available
to the Township of Hardyston.
G.
If any property is in violation of this chapter the Township of Hardyston
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 bring the property into compliance.
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
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 Township Clerk 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 Township Clerk shall forward a copy of the notice to the Zoning
Officer or shall otherwise provide it 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 subsection following the filing of the summons and complaint,
the creditor shall provide a notice to the applicable municipal clerk
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 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 municipality 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 article 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, which may be imposed as a municipal
summons or lien.
