[Ord. No. 2016-11; repealed and replaced 4-5-2024 by Ord. No. 2023-03]
[Editor's Note: Former Chapter 15 Land Subdivision contained Ord. Nos. 12/20/71, 7-72, 10/17/72, 8/18/75, 10/17/97, 12/20/17, 7/83, 6/85, 6/87, 5/88, 6/88, 13/88, 9/90, 93/9, 94/12 and was repealed by Ord. No. 96-4. See now Chapter 13 Land Development.]
[Added 4-5-2024 by Ord. No. 2023-03]
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning.
APPLICABLE CODES
Means to include, but not be limited to, the Hardwick Township Code of Ordinances (Township Municipal Code), and the New Jersey Building Code.
CREDITOR
As defined in accordance with N.J.S.A. 40:48-2.12s2(d), means 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 (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.
ENFORCEMENT OFFICER
Means any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector or building inspector, or other person authorized by the Township of Hardwick to enforce the applicable code(s).
FORECLOSURE
Means 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 chapter, this process begins upon the service of a summons and a complaint on the mortgagor on any interested party. For purposes of this section, 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.
MORTGAGEE
Means 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 to the creditor's rights, interests, or obligations under the mortgage agreement, excluding governmental entities as assignee or owner.
PROPERTY MANAGEMENT COMPANY
Means a local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned property.
VACANT
Means any building or structure that is not legally occupied.
VACANT AND ABANDONED REAL PROPERTY
As defined in accordance with N.J.S.A. 40:48-2.12s3(b)(8), shall mean property that is not legally occupied by a mortgagor or tenant, which is in 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 and 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 older 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 indicia of abandonment.
[Added 4-5-2024 by Ord. No. 2023-03]
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather be an additional remedy available to the Township of Hardwick above and beyond any other state, county, or local provisions for same.
[Added 4-5-2024 by Ord. No. 2023-03]
Pursuant to the provisions of § 15-4, the Township of Hardwick or its designee shall establish a vacant and abandoned property registry containing the information required by this chapter.
[Added 4-5-2024 by Ord. No. 2023-03]
a. 
Any creditor who holds a mortgage or equity lien on real property located within the Township shall perform an inspection of the property to determine vacancy or occupancy, upon the commencement of foreclosure as evidenced by a foreclosure filing. The creditor shall, within ten (10) days of the inspection, register the property with the Township Code Enforcement Official, or its designee, on forms or website access provided by the Township, 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 creditor or his designee monthly until (1) the mortgagor or other party remedies the foreclosure, or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within ten (10) days of that inspection, update the property registration to a vacancy status on forms provided by the Township.
c. 
Registration pursuant to this section shall contain the name of the creditor and the servicing entity, if any, the direct mailing address of the mortgagee and the servicing entity, a direct contact name and telephone number for both parties, facsimile number and e-mail address for both parties, the folio or tax number, and the name and twenty-four (24) hour contact telephone number of the property management company responsible for the security and maintenance of the property.
d. 
A non-refundable annual registration fee in the amount of five hundred dollars ($500.00) per property shall accompany the registration form or website registration. On each anniversary date of the initial registration, the creditor shall submit a renewal registration fee as follows: (1) five hundred dollars ($500.00) per property annually for any property that is required to be registered because a summons and a complaint in an action to foreclose was filed by the creditor; and (2) an additional two thousand dollars ($2,000.00) per property annually if the property is vacant and abandoned pursuant to the definition in this chapter 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.
e. 
If the property is not registered, or the registration fee is not paid within thirty (30) days of when the registration or renewal is required pursuant to this section, a late fee equivalent to ten percent (10%) of the annual registration fee shall be charged for every thirty-day (30) period, or portion thereof, that the property is not registered and shall be due and payable with the registration.
f. 
All registration fees must be paid directly from the creditor, mortgagee, servicer, or trustee. Third party registration fees are not allowed without the consent of the Township and/or its authorized designee.
g. 
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.
h. 
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.
i. 
Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within ten (10) days of the change.
j. 
Failure of the creditor to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this chapter is a violation of the chapter and shall be subject to enforcement.
k. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this chapter, the Township 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.
l. 
Registration of foreclosure property does not alleviate the creditor from obtaining all required licenses, permits, and inspections required by applicable codes or applicable State Statutes.
m. 
If the mortgage and/or servicing on a property is sold or transferred, the new creditor is subject to all terms of this chapter. Within ten (10) days of the transfer, the new creditor 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 the creditor's involvement with the registrable property.
n. 
If the creditor 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 ten (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 update to the registration. The previous creditor will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that creditor's involvement with the registrable property.
[Added 4-5-2024 by Ord. No. 2023-03]
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, discorded 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. 
Properties subject to this chapter 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 all applicable code(s) 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 code(s).
g. 
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable Code(s) and issuance of a citation or Notice of Violation in accordance with this Chapter 3, Section 3-3, Removal of Brush and Weeds, and Chapter 17, Health, of the Township Code. Pursuant to a finding and determination by the Township Code Enforcement Officer or a Court of competent jurisdiction, the Township may take the necessary action to ensure compliance with this chapter.
h. 
In addition to the above, the property is required to be maintained in accordance with the applicable Code(s).
[Added 4-5-2024 by Ord. No. 2023-03]
a. 
Properties subject to this chapter 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 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 and abandoned, a property manager shall be designated by the mortgagee to perform the work necessary to bring the property into compliance with the applicable code(s), and the property manager must perform regular inspections to verify compliance with the requirements of this chapter, and any other applicable law(s).
[Added 4-5-2024 by Ord. No. 2023-03]
All vacant and 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 Township.
[Added 4-5-2024 by Ord. No. 2023-03]
Any person who shall violate the provisions of this chapter shall be cited and fined by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners for any term not exceeding ninety (90) days; or by a fine not less than five hundred dollars ($500.00) or exceeding one thousand two hundred fifty dollars ($1,250.00); or by a period of community service not exceeding ninety (90) days.
Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same section, and who was fined for the previous violation, shall be sentenced by a Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the violation of this chapter.
[Added 4-5-2024 by Ord. No. 2023-03]
Adherence to this chapter does not relieve any person, legal entity, or agent from any other obligations set forth in any applicable Code(s), 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 Code(s).
[Added 4-5-2024 by Ord. No. 2023-03]
a. 
If the Enforcement Officer has reason to believe that a property subject to the provisions of this chapter 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 a Court of competent jurisdiction as soon as possible to address the conditions of the property.
b. 
The Code Enforcement Officer shall have the authority to require the mortgagee and/or owner of record of any property affected by this chapter, to implement additional maintenance and/or security measures 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 Code Enforcement Officer may direct the Municipality to abate the violations and charge the mortgagee with the cost of abatement.
d. 
If the mortgagee does not reimburse the Township for the cost of temporarily securing the property, or of any abatement directed by the code enforcement board of special magistrate, within thirty (30) days of the Township sending the mortgagee the invoice, then the Township may lien the property with such cost, along with an administrative fee of five hundred dollars ($500.00) to recover the administrative personnel services.
e. 
No less than twenty percent (20%) of the money collected pursuant to this chapter shall be utilized by the Township for municipal code enforcement purposes.
[Added 4-5-2024 by Ord. No. 2023-03]
Whoever opposes, obstructs, or resists any enforcement officer or any person authorized by the Code Enforcement Office in the discharge of duties as provided in this chapter shall be punishable as provided in the applicable Code(s) or a Court of competent jurisdiction.
[Added 4-5-2024 by Ord. No. 2023-03]
Any enforcement officer or any person authorized by the Township to enforce the sections contained herein 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 chapter.