[HISTORY: Adopted by the Township Committee of the Township
of Union (now Barnegat) 7-5-62. Amendments noted where applicable.]
[Amended 6-8-2023 by Ord. No. 2023-17]
[Amended 9-2-71]
For the purposes of this chapter, the terms used herein are
defined as follows:
Includes the following matters and things:
A water-filled excavation.
A crumbling stone or brick wall imperiling a sidewalk area.
One (1) or more abandoned boats.
One (1) or more mounds of girders, lumber or other building
material.
An uncovered well.
A cliff or bank of more than ten (10) feet in height, with an angle of slopage off the horizontal greater than the critical angle of the repose of earth, not being railed or fenced to a height of not less than five (5) feet, except those premises which are regulated by § 50-12 of Chapter 50[1]; provided, however, said premises conform to all regulations
set forth in said chapter.
An excavation or cellar which has remained uncovered or unfenced
for three (3) months.
Refuse and debris resulting from construction activities or
the demolition of a building which has remained on the land for a
period of one (1) month or more after completion of said construction
work or demolition work.
No person or persons, firm, partnership, association of persons
or corporation shall maintain, cause to be maintained or permit to
be maintained on real property owned, leased, possessed or controlled
by him or them within the Township of Barnegat, a hazard to the person
as herein defined; provided, however, that the terms of this chapter
shall not apply to the lawful use of real property by a business requiring
the maintaining of any of the matters and things herein contained.
[Amended 9-2-71]
Any person or persons, firm, partnership, association of persons
or corporation violating any of the provisions of this chapter shall
be subject to a fine of not exceeding five hundred dollars ($500)
or imprisonment for a term not exceeding ninety (90) days, or both,
for each offense, and in default of payment thereof shall be committed
to the county jail for a period not exceeding ten (10) days.
This article applies to any foreclosing, foreclosed, or vacant
property, as defined herein, within the Township of Barnegat.
A.
Vacant and abandoned property. Any residential or commercial property
not legally occupied by a mortgagor or tenants, which is in such condition
that it cannot be legally reoccupied, because of the presence or finding
of at least two of the following:
(1)
Overgrown or neglected vegetation;
(2)
Accumulation of newspapers, circulars, flyers or mail on the property;
(3)
Disconnected gas, electric, or water utility services to the property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
(5)
The accumulation of junk, litter, trash or debris on the property;
(6)
The absence of window treatments such as blinds, curtains or shutters;
(7)
The absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, representatives of a common
interest community association, or government employees indicating
that the residence is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or closed
off or multiple windowpanes that are damaged, broken and unrepaired;
(10)
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
(11)
A risk to the health, safety or welfare of the public, or any adjoining
or adjacent property owners, exists due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
(12)
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;
(13)
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;
(14)
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
(15)
Any other reasonable indicia of abandonment.
B.
Creditor.
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
39 of P.L. 2009, c.53 (C. 17:11C-51 through C.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.
C.
Owner.
Includes the title holder, any agent of the title holder having
authority to act with respect to a vacant/abandoned property, any
foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51
(P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any
other entity determined by the Township of Barnegat to have authority
to act with respect to the property.
Any creditor serving a summons and complaint in an action to
foreclose on a mortgage on commercial property in the State shall,
within 10 days of serving the summons and complaint, notify the Municipal
Clerk and Township Administrator of the municipality in which the
property is located that a summons and complaint in an action to foreclose
on a mortgage has been filed against the subject property.
A.
The notice shall contain:
(1)
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;
(2)
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.
(3)
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
(4)
Whether the property is vacant and abandoned in accordance with the
definition in the ordinance;
B.
The notice may contain information about more than one property and
shall be provided by mail.
C.
In the event the creditor is located out-of-State and has served
a summons and complaint in an action to foreclose on a commercial
property, the notice shall also contain the full name, address, and
telephone number of an in-State representative or agent who shall
be responsible for the care, maintenance, security, and upkeep of
the exterior of the property if it becomes vacant and abandoned.
D.
The creditor filing a summons and complaint in foreclosure shall
be responsible for the care, maintenance, security and upkeep of the
exterior of the vacant and abandoned residential property and, if
located out-of-state, shall be responsible for appointing an in-state
representative or agent to act for the foreclosing creditor.
The owner of any property in foreclosure or vacant and abandoned
property as defined herein shall, within 30 calendar days after the
building enters foreclosure or becomes vacant property, or within
10 calendar days of receipt of notice by the municipality, file a
registration statement for such property with the Code Enforcement
Officer on forms provided by the Township for such purposes. Failure
to receive notice by the municipality shall not constitute a defense
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 e-mail address (if applicable) of a person 21
years or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceedings
on behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number
and e-mail (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.
C.
The registration shall remain valid until December 31 of the year
in which the application is made. The owner shall be required to renew
the registration annually in the month of January. Deadline for registration
renewal shall be January 31 as long as the building remains a vacant
and/or abandoned property and shall pay a registration or renewal
fee in the amount prescribed in by the municipal code for each vacant
property registered.
D.
The owner shall notify the Clerk within 30 calendar days of any change
in such registration information by filing an amended registration
statement on a form provided by the Clerk for such purpose.
E.
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 or
owners of the building.
F.
Failure to comply with the registration requirements or pay the registration
fees set forth in this article shall result in a fine of not less
than $100 but not more than $1,250 for each offense. Each day a violation
continues shall constitute a separate and distinct offense. The Township
may enforce said penalties and unpaid fees against the property owner
in Municipal Court and collect such penalties and unpaid fees consistent
with the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-11.
G.
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
to be provided pursuant to N.J.S.A. 46:10B-51.
|
Registration Type
|
Fee
|
|---|---|
|
Property in Foreclosure or Vacant and/or Abandoned Property
| |
|
(Initial)
|
$250
|
|
Property in Foreclosure or Vacant and/or Abandoned Property
| |
|
(First renewal)
|
$500
|
|
Property in Foreclosure or Vacant and/or Abandoned Property
| |
|
(Second renewal)
|
$1,000
|
|
Property in Foreclosure or Vacant and/or Abandoned Property
| |
|
(Third or more renewal)
|
$2,500
|
The owner of any property in foreclosure or vacant and abandoned
property as defined herein shall take the following security measures:
A.
Secure the property against unauthorized entry, including, but not
limited to, closing any holes in the structure's roof, floor,
or exterior walls; re-glazing or boarding of any broken windows; and
abating any known latent or concealed dangerous conditions. For the
purposes of the measures required under this section, the use of tarps
to cover any such holes or windows shall be insufficient.
B.
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 from the responsible
party or authorized agent. If no such area exists, such information
shall be posted on a stake of sufficient size to support the posting
in a location that is at all times visible from the street to the
front of the property but not readily accessible to vandals. Exterior
posting shall be constructed of and printed with weather-resistant
materials.
C.
The person responsible for maintaining the property shall inspect
the property on a biweekly basis to ensure that the property is in
compliance with this section. Upon the request of the Township of
Barnegat, or its authorized representative, the local property manager
shall provide a copy of the inspection reports to the code enforcement
officer.
A.
The construction official or other public officer appointed in the
Township pursuant to N.J.S.A. 40:48-2.3 et seq. or any other local
official responsible for administration of any property maintenance
or public nuisance code is authorized to issue a notice to the creditor
filing the summons and complaint in an action to foreclose, if the
construction official, public officer or other authorized municipal
official determines that the creditor has violated this article by
failing to provide for the care, maintenance, security and upkeep
of the exterior of the 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 the public health and safety. The issuance
of a notice pursuant to this, shall constitute proof that a property
is "vacant and abandoned" for the purposes of P.L. 2012 c. 70 (N.J.S.A.
2A:50-73).
B.
An out-of-state creditor subject to this article found by the Municipal
Court of the Township of Barnegat or any other court of competent
jurisdiction to be in violation of the requirement to appoint an in-state
representative or agent pursuant to this article shall be subject
to a fine of up to $2,500 for each day of the violation. Any fines
imposed on a creditor for failure to appoint an in-state representative
or agent shall commence on the day after the ten-day period set forth
in Paragraph 1, Subsection a of N.J.S.A. 46:10B-51 for providing notice
to the municipal clerk that a summons and complaint in an action to
foreclose on the mortgage has been served.
C.
Any creditor subject to this article found by the municipal court
of the Township of Barnegat, or any other court of competent jurisdiction,
to be in violation of the Township's Property Maintenance Code
and who has failed to correct, abate or otherwise bring the property
into compliance to correct a care, maintenance, security or upkeep
violation cited in the notice 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 prevents an imminent risk to the public health
and safety, in which case any fines shall commence 11 days following
receipt of the notice.
D.
No less than 20% of any monies for fines collected pursuant to this
article shall be utilized by the Township of Barnegat for municipal
code enforcement purposes.
