[HISTORY: Adopted by the City Council of the City of Estell
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-2016 by Ord. No. 02-2016]
[Amended 10-7-2022 by Ord. No. 04-2022; 6-13-2023 by Ord. No. 04-2023]
It is the purpose and intent of the City of Estell Manor to
amend, in light of recent state legislation P.L. 2021, c. 444[1], the process to address the deterioration and blight of
City of Estell Manor neighborhoods caused by an increasing amount
of abandoned, foreclosed or distressed real property located within
the City of Estell Manor, and to identify, regulate, limit and reduce
the number of foreclosure properties located within the City of Estell
Manor. It is the City of Estell Manor's further intent to continue
to participate in the county-wide registration program established
by the Atlantic County Improvement Authority is a mechanism to protect
neighborhoods from becoming blighted due to the lack of adequate maintenance
and security of foreclosure properties.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any real property located within the City of Estell Manor,
whether vacant or occupied, that a complaint filing for foreclosure,
has had a lis pendens filed against it by the lender holding a mortgage
on the property, is subject to an ongoing foreclosure action by the
lender, or has been transferred to the lender under a deed in lieu
of foreclosure. The designation of a property as "abandoned" shall
remain in place until such time as the property is sold or transferred
to a new owner in an arm's length transaction or the foreclosure
action has been dismissed.
[Amended 10-7-2022 by Ord. No. 04-2022; 6-13-2023 by Ord. No. 04-2023]
A property that is accessible through a comprised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
To include, but not be limited to, the City of Estell Manor's
Zoning Code, the City of Estell Manor's Code of Ordinances ("Estell
Manor Code"), and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Estell
Manor Code; or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lack maintenance
as required by the Estell Manor City and Zoning Codes.
Any law enforcement officer, building official, zoning inspector,
Code Enforcement Officer, fire inspector or Building Inspector, public
officer, or other person authorized by the City of Estell Manor to
enforce the applicable codes.
The legal process by which a mortgagee terminates a mortgagor's
interest in real property either to obtain legal and equitable title
to the real property pledged as security for a debt or to force a
sale of said property to satisfy a debt. For purposes of this article,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this article,
the process is not concluded until the property is sold to a bona
fide purchaser not related to the mortgagee in an arm's-length
transaction whether by Sheriff's sale, private sale following
a Sheriff's sale, or private sale following the vesting of title
in the mortgagee pursuant to a judgment.
[Added 10-7-2022 by Ord.
No. 04-2022; amended 6-13-2023 by Ord. No. 04-2023]
The creditor, including but not limited to, lenders in a
mortgage agreement; any agent, servant, or employee of the creditor;
any successor in interest; or any assignee of the creditor's
rights, interests, or obligations under the mortgage agreement, excluding
governmental entities as assignee or owner.
[Added 10-7-2022 by Ord.
No. 04-2022; amended 6-13-2023 by Ord. No. 04-2023]
Any person, legal entity or other party having any ownership
interest whether legal or equitable, in real property. This term shall
also apply to any person, legal entity or agent responsible for the
construction, maintenance or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather are
an additional remedy available to the City of Estell Manor above and
beyond any other state, county or local provisions for same.
[Amended 10-7-2022 by Ord. No. 04-2022; 6-13-2023 by Ord. No. 04-2023]
Pursuant to the provisions of this article, the City of Estell
Manor shall participate in the county-wide registration program established
by the Atlantic County Improvement Authority which catalogs each abandoned
property within the City of Estell Manor, containing the information
required by this article.
[Amended 4-7-2021 by Ord.
No. 1-2021; 10-7-2022 by Ord. No. 04-2022; 6-13-2023 by Ord. No. 04-2023]
A.
Any mortgagee who holds a mortgage on real property located within
the City of Estell Manor shall perform an inspection of the property
to determine vacancy or occupancy, upon default by the mortgagor as
evidenced by a foreclosure filing. The mortgagee shall, within 10
days of the inspection, register the property with the Division of
Code Enforcement, or designee, on forms or website access provided
by the City of Estell Manor, 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.
If the property is occupied but remains in foreclosure, it shall
be inspected by the mortgagee or his designee monthly and within 10
days of that inspection, update the property registration to a vacancy
status on forms provided by the City of Estell Manor.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and email address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property.
D.
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.
E.
A nonrefundable annual registration fee in the amount of $500 per
property, shall accompany the registration form or website registration.
An additional $2,000 fee per property shall be paid annually if the
property is vacant or abandoned pursuant to the definition in this
article when the summons and complaint in an action to foreclose is
filed, or becomes vacant and abandoned pursuant to the definition
in this article at any time thereafter while the property is in foreclosure.
F.
If the 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, that the property is not registered and shall be
due and payable with the registration.
G.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the City of Estell Manor and/or its authorized designee.
H.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
I.
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 remain in foreclosure.
J.
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.
K.
Failure of the mortgagee to properly register or to modify the registration
form time to time to reflect a change of circumstances as required
by this article is a violation of the article and shall be subject
to enforcement.
L.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the City of Estell
Manor 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.
M.
Registration of foreclosure property does not alleviate the mortgagee
from obtaining all required licenses, permits and inspections required
by applicable code or State Statutes.
N.
If the mortgage and/or servicing on a property is sold or transferred,
the new mortgagee is subject to all the terms of this article. 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.
O.
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 article. 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 registrable property.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable codes at the time registration was
required.
D.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable codes.
G.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable codes and issuance of
a citation or notice of violation in accordance with this article
of the Code of the City of Estell Manor. Pursuant to a finding and
determination by the City of Estell Manor's Public Officer or a court
of competent jurisdiction, the City of Estell Manor may take the necessary
action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable codes.
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable codes, and the property manager must
perform regular inspections to verify compliance with the requirements
of this article and any other applicable laws.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the City of Estell Manor.
[Amended 10-7-2022 by Ord. No. 04-2022; 6-13-2023 by Ord. No. 04-2023]
Any person who shall violate the provisions of this article
may be cited and fined as provided within this article and N.J.S.A.
55:19-78 et seq. The following listed violations of these sections,
as may be amended from time to time, which may be enforced pursuant
to the provisions of this regulation; and the dollar amount of civil
penalty for the violation of these sections as it may be amended.
The descriptions of violations below are for informational purposes
only and are not meant to limit or define the nature of the violations
or the subject matter of the Estell Manor Code, except to the extent
that different types of violations of the Estell Manor Code section
may carry different civil penalties. For each Estell Manor Code section
listed in the schedule of civil penalties, the entirety of the section
may be enforced by the mechanism provided in this section, regardless
of whether all activities prescribed or required are described herein.
To determine whether a particular activity is prescribed or required
by this Code, the relevant Estell Manor Code sections shall be examined.
A.
As authorized under P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3,
Subsection g(1), if an out-of-state mortgagee that is subject to the
requirements of this article is found by the Municipal Court, 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 this subsection.
B.
As authorized in P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3, Subsection g(2), if an out-of-state mortgagee that is subject to requirements of this article, is found by the Municipal Court, 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 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.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
codes which may apply to the property. Upon sale or transfer of title
to the property, the owner shall be responsible for all violations
of the applicable codes and the owner shall be responsible for meeting
with the City's Code Enforcement Division within 45 days for a final
courtesy inspection report.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the City's public
officer or court of competent jurisdiction as soon as possible to
address the conditions of the property.
B.
The public officer shall have the authority to require the mortgagee
and/or owner of record of any property affected by this section to
implement additional maintenance and/or security measure, including,
but not limited to, securing any and all doors, windows or other openings,
employment of an on-site security guard or other measures as may be
reasonably required to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
public officer may direct the City to abate the violations and charge
the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the City of Estell Manor for the cost of temporarily securing the property, or of any abatement directed by the public officer, within 30 days of the City of Estell Manor sending the mortgagee the invoice, then the City of Estell Manor may lien the property with such cost, along with an administrative fee to recover the administrative personnel services, in such amount as provided in Chapter 185, Article III, Fees for City Services.
[Amended 4-7-2021 by Ord.
No. 1-2021]
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable codes or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the City
of Estell Manor to enforce the sections here within shall be immune
from prosecution, civil or criminal, for reasonable, good-faith entry
upon real property while in the discharge of duties imposed by this
article.
The Public Officer for the City of Estell Manor shall be Zoning
Officer of the City of Estell Manor. The Public Officer shall have
all of the authority prescribed under this section, N.J.S.A. 55:19-78
et seq. and N.J.S.A. 40:48-1 et seq.
