The regulation of unfit dwellings, pursuant to N.J.S.A. 40:48-2.3, heretofore provided for by the Township, is continued. The public officer to exercise the powers prescribed herein and in said statute is the Construction Official under the State Uniform Construction Code.
[HISTORY: Adopted by the Township Council of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 93 of the 1998 Code. Amendments noted where applicable.]
[Amended 3-10-2009 by Ord. No. 09-04]
The public officer may make preliminary investigations and issue complaints based thereon, charging dwellings to be unfit for human habitation. Such action may be initiated by petition of a public authority, or at least five residents of the municipality, alleging that any building is unfit for human habitation. The complaint of the public officer shall be served on the owner of the premises in question and shall state the charges and the time and place at which such charges will be heard before the public officer, which time shall not be less than seven nor more than 30 days after service of the complaint.
If after notice and hearing the public officer determines that the building under consideration is unfit for human habitation or occupancy or use, the public officer shall state, in writing, findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
A.
Requiring the repair, alteration or improvement of the building to be made by the owner within a reasonable time, which time shall be set forth in the order or, at the option of the owner, to vacate or have said building vacated and closed within the time set forth in the order.
B.
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve said building within the time specified in the order, then the owner shall be required to remove or demolish said building within a reasonable time as specified in said order of removal.
A.
If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate or close the building, the public officer may cause such building to be repaired, altered or improved or to be vacated and closed. The 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 or occupancy or use; the use or occupation of this building is prohibited and unlawful."
B.
If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
[Amended 3-10-2009 by Ord. No. 09-04]
[Amended 3-10-2009 by Ord. No. 09-04]
The cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this chapter determined in favor of the municipality, and such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the public officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the public officer, shall be secured in such manner as may be directed by such Court, and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
[Added 3-10-2009 by Ord. No. 09-04]
Nothing in this chapter shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this act intended to limit the authority of the enforcing agency or Construction Official under the State Uniform Construction Code Act (P.L. 1975, c. 217; N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted thereunder.
A.
The public officer may determine that a building is unfit for human habitation or occupancy or use if the public officer finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of Ewing Township. Such conditions may include, but are not limited to:
[Amended 3-26-2013 by Ord. No. 13-09]
Complaints or orders issued by the public officer pursuant to this chapter shall be served upon persons either personally or by registered mail. If the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once in a newspaper printed and published in the municipality or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the buildings are located, and by posting a copy of the complaint in a conspicuous place upon the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.
The public officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the power to:
A.
Investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation or occupancy or use.
B.
Administer oaths, affirmations, examine witnesses and receive evidence.
C.
Enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
D.
Appoint and fix the duties of such officers, agents and employees as are deemed necessary to carry out the purposes of this chapter.
E.
Delegate any functions and powers under this chapter to such officers and agents as the public officer may designate.
[Added 4-23-2013 by Ord. No. 13-16; amended 10-28-2025 by Ord. No. 25-30]
A. ABANDONED PROPERTY(1) (a) (b) (c) (d) (2) EVIDENCE OF VACANCY(1) (2) OWNER VACANT PROPERTY
Definitions. As used in this section, 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 public officer that:
The property is in need of rehabilitation in the reasonable judgment of the public 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 public officer pursuant to this section;
The property has been determined to be a nuisance by the public 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 non-residential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as two-thirds 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 public officer and the property meets the criteria of either Subsection (1)(a) or Subsection (1)(d) of this Subsection A.
Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is or has been vacant for three or more months. Such evidence would include, but is not limited to, evidence of the existence of two or more of the following conditions at a property: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past-due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; statements by neighbors, delivery agents, or government employees that the property is vacant or abandoned; infestation by insects, vermin, rats or other pests; windows or entrances that are boarded up or closed off; multiple window panes that are damaged, broken or unrepaired; doors that are smashed, broken, unhinged or continuously unlocked; or any uncorrected violation of a municipal building, housing or similar code during the preceding year.
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 section.
Shall include 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 C.46:10B-51 (P.L. 2008, c. 127, § 17), or any other entity determined by the Township of Ewing to have authority to act with respect to the property.
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. Any property that contains all building systems in working order, is being maintained on a regular basis, has not been cited by the Township for any violation of municipal ordinance within such time and is being actively marketed by its owner for sale or rental shall not be deemed vacant.
[1]
Editor's Note: See N.J.S.A. 54:4-1 et seq.
B.
General requirements.
(1)
The owner of any vacant property as defined herein shall, within 30 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Ewing Township Office of Code Enforcement on forms provided by the Office of Code Enforcement for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection D of this section for each vacant property registered.
(a)
This section shall not apply to any residential and commercial properties within the Township for which a summons and complaint in an action to foreclose on a mortgage has been filed. Residential and commercial properties within the Township for which a summons and complaint in an action to foreclose on a mortgage has been filed shall be subject to § 161-11 "Vacant property registration and maintenance program for foreclosure properties."
(2)
Any owner of any building that meets the definition of "vacant property" prior to April 23, 2013, shall file a registration statement for that property on or before June 15, 2013. The registration statement shall include the information required under Subsection C of this section, as well as any additional information that the Office of Code Enforcement may reasonably require.
(3)
The owner shall notify the Office of Code Enforcement within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Office of Code Enforcement for such purpose.
(4)
The registration statement shall be deemed prima facie proof of the statement therein contained in any administrative enforcement proceeding or court proceeding instituted by the Township of Ewing against the owner or owners of the building.
C.
Registration statement requirements; property inspection.
(1)
After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Ewing Township Code Enforcement Official if requested, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. If an inspection is required of the interior of the property due to complaints or other cause, the fee for such inspection shall be the same as that for a certificate of occupancy inspection as provided in the applicable provisions of the Code of the Township of Ewing.
(2)
The registration statement shall include the name, street address, and telephone number of a natural person 21 years of age 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 proceeding, on behalf of such owner or owners in connection with the enforcement of any applicable code. The designated agent must have a contact number that will be available 24 hours per day on an emergency basis. The statement shall also include the name of the person responsible for maintaining and securing the property, if different from the designated agent.
(3)
An owner who is a natural person and who meets the requirements of this section as to availability of a contact number on a twenty-four-hour emergency basis may designate himself or herself as agent.
(4)
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purpose of this section until the owner notifies the Township of Ewing of a change of the authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of this section.
D.
(Reserved)
E.
Requirements for owners of vacant and abandoned property. The owner of any building that has become vacant and abandoned property, and any person maintaining, operating or collecting rent for any such building that has become vacant, shall, immediately:
(1)
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 pursuant to Subsection C of this section), and the person responsible for the day-to-day supervision and management of the building, 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 from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches; and
(2)
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Township of Ewing and maintain the sign required in Subsection E(1) above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
(3)
Make provision for the maintenance of the lawn and yard, including regular grass cutting as required by the applicable provisions of the Code of the Township of Ewing; and
(4)
Make provision for the cessation of the delivery of mail, newspapers and circulars to the property, including having the property listed on the exclusion list maintained by the Ewing Township Clerk for the delivery of circulars and advertisements to the property; and
(5)
Make provision for the winterizing of the property by the cessation of water service to the property and the draining of water lines; and
(6)
Make provision for the cessation of electric or gas utility services to the property; and
(7)
Make provision for the regular maintenance of the exterior of the property.
F.
Administration. The Ewing Township Mayor and Council may issue rules and regulations for the administration of the provisions of this section.
G.
Violations and penalties.
(1)
Any owner who is not in full compliance with this section or who otherwise violates any provision of this section or of the rules and regulations issued hereunder shall be subject to a fine of not less than $100 and not more than $1,000 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.
(2)
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of Subsection E of this section, or such other matters as may be established by the rules and regulations of the Council of the Township of Ewing shall be deemed to be violation of this section.
H.
Compliance with other provisions. Nothing in this section is intended to nor shall be read to conflict or prevent the Township of Ewing from taking action against buildings found to be unfit for human habitation or unsafe structures as provided in applicable provisions of the Code of the Township of Ewing 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 section.
[Added 10-28-2025 by Ord. No. 25-30]
A.
Purpose. The purpose is to create a property registration program (the "Registry") for the purposes of identifying and monitoring residential and commercial properties within the Township for which a summons and complaint in an action to foreclose on a mortgage has been filed. The Registry shall be implemented and carried out pursuant to N.J.S.A. 40:48-2.12s1 et seq. The Township may, at its discretion and pursuant to N.J.S.A. 40:48-2.12s1 et seq., create, maintain and administer this Registry independently, retain the professional services of an experienced reputable third party, or participate in a shared services or interlocal agreement with other local units, counties, and/or county improvement authorities for the creation, maintenance and administration of the Registry pursuant to a professional services agreement or similar instrument.
B. ANNUAL REGISTRATION CREDITOR DEFAULT ENFORCEMENT OFFICER EVIDENCE OF VACANCY AND/OR ABANDONMENT(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) FORECLOSURE OR FORCLOSURE ACTION MORTGAGEE OWNER PROPERTY MANANGER REAL PROPERTY REGISTERABLE PROPERTY REGISTRY UTILITIES AND SERVICES VACANT AND ABANDONED
Definitions. As used in this section, the following terms shall have the meanings indicated:
Shall mean 12 months from the date of the first action that requires registration, as determined by the Township, or its designee, and every subsequent 12 months. The date of the initial registration may be different than the date of the first action that required registration.
See "mortgagee" below.
Shall mean that the mortgagor has not complied with the terms of the mortgage on the Real Property, or the promissory note, or other evidence of the debt, referred to in the mortgage or deed of trust, after having been provided written notice of the default from the Mortgagee to the mortgagor and mortgagor's failure to fully cure or remedy the default as specified in the written notice.
Shall mean any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the Township to enforce the applicable code(s).
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:
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; or
Any other reasonable indicia of abandonment.
Shall mean the process by which a real property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults. A foreclosure or foreclosure action is deemed commenced upon a mortgagee's filing of a notice of lis pendens or similar evidence of default.
Shall mean the creditor, including but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent (including but not limited to any person responsible for fulfilling the obligation to register, commonly known as a "registrant"), 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; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities as the assignee or owner. May be used interchangeably with "creditor."
Shall mean every person, entity, or mortgagee, who alone or severally with others, has legal or equitable title to any real property as defined by this chapter; has legal care, charge, or control of any such real property; is in possession or control of any such real property; and/or is vested with possession or control of any such real property. The property manager shall not be considered the owner.
Shall mean any party designated by the owner or mortgagee as responsible for inspecting, maintaining and securing the real property as required in this chapter.
Shall mean any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the Township limits.
Any real Property located in the Township, whether vacant or occupied, that is (i) subject of a foreclosure action; (ii) has been the subject of a foreclosure action and a judgment has been entered but the real property has not yet been sold; (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) 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 real property as a registrable property pursuant to this subsection shall remain in place until such time as the real property is sold to a non-related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed; or
Shall mean a web-based electronic database of searchable real property records, used by the Township to allow mortgagees the opportunity to register properties and pay applicable fees as required in this chapter.
Shall mean any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Township codes. This includes, but is not limited to, electrical, gas, water, sewer, trash service, lawn maintenance, and pool maintenance.
See "evidence of vacancy and/or abandonment."
C.
Registration and inspection of real property under foreclosure.
(1)
Registration. A mortgagee filing a summons and complaint in an action to foreclose on residential and commercial properties shall, in addition to the notice provided to Ewing pursuant to N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2, register the residential or commercial property with Ewing's property registration program as a property in foreclosure within 10 days of the date any mortgagee files a foreclosure action and, as part of that registration shall:
(a)
Provide Ewing with the information regarding the mortgagee required by N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2 including:
[1]
The name of the mortgagee and the mortgage servicer, the direct mailing address of both parties, a direct contact name and telephone number for both parties, a facsimile number and/or e-mail 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 registrable property.
(b)
Identify 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
(c)
Identify whether the property is vacant and/or abandoned in accordance with the definition above. If a property is deemed vacant and/or abandoned, shall designate in writing a property manager to inspect, maintain, and secure the registrable property subject to the mortgage under a foreclosure action.
(2)
Any person or corporation that has registered a registrable property under this section must report any change of information contained in the Township's Registry within 10 days of the change to the Township's Registry.
(3)
A separate registration is required for each real property subject to a foreclosure action, regardless of whether it is occupied or vacant.
(4)
Mortgagees who have existing registrable property on the effective date of this section have 30 calendar days from the effective date to register as indicated in this section.
(5)
Properties subject to this section shall remain subject to the semi-annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the real property remains registrable property.
(6)
Inspection.
(a)
Any mortgagee who holds a mortgage on real property located within the Township shall perform an inspection of the real property upon default by the mortgagor as evidenced by the filing of a poreclosure action, lis pendens, or notice of trustee's sale, thus making it a "registrable property." Inspection means a careful examination of the registrable property to determine occupancy and if it is in compliance with all applicable building, maintenance, and housing codes.
(b)
Registrable property inspected pursuant to Subsection C(6)(a) above that remains in foreclosure shall be re-inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the registrable property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the registrable property in the registry.
(7)
Maintenance.
(a)
Registrable property is required to be maintained in accordance with the Township Code.
(b)
Registrable properties subject to this section shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper 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 registrable property is abandoned.
(c)
Registrable 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.
(d)
Front, side, and rear yards, including landscaping, of registrable property shall be maintained in accordance with the Township Code at the time registration is required.
(e)
Registrable property 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. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.
(f)
Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.
(g)
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 Township Code.
(h)
Failure of the mortgagee, owner, and/or transferees to properly maintain the registrable property as required by this section may result in the issuance of a citation or notice of violation in accordance with the Township Code. The mortgagee, owner and/or transferees shall have 30 days after receipt of such notice to correct the violation, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. Pursuant to a finding and determination by the Township the Police Chief, Magistrate or a court of competent jurisdiction, the Township may take the necessary action to ensure compliance with this section.
(8)
Security requirements.
(a)
Properties subject to this section 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 registrable property or structure. Broken windows, doors, gates, and other openings of such size that may allow a child to access the interior of the registrable property or structure must be repaired. Broken windows shall be secured by re-glazing of the window.
(c)
If a registrable property is or has become vacant or blighted, a property manager shall be designated by the Mortgagee to perform the work necessary to bring the registrable property into compliance with the Township Code, and the property manager must perform regular inspections to verify compliance with the requirements of this section, and any other applicable laws.
(d)
In addition to the above, the registrable property is required to be secured in accordance with the Township Code.
(9)
Additional authority.
(a)
If the Police Chief, Code Enforcement Officer or Health Officer has reason to believe that a registrable property subject to the provisions of this section is posing a serious threat to the public health, safety, and welfare, the Code Enforcement Officer may temporarily secure the registrable property at the expense of the mortgagee. Nothing herein shall limit the Township from abating any nuisance or unsafe condition by any other legal means available to it.
(b)
The Police Chief, Code Enforcement Officer, Health Officer, Township Council, or municipal court shall have the authority to require the mortgagee or owner affected by this section, 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 registrable property is posing a serious threat to the public health, safety, and welfare, then the Police Chief, Code Enforcement Officer or Health Officer may direct the Township to abate the violations and charge the mortgagee or owner with the cost of the abatement.
(d)
If the mortgagee does not reimburse the Township for the cost of temporarily securing the registrable property, or of any abatement directed by the Police Chief, Code Enforcement Officer or Health Officer, within 30 days of the Township sending the mortgagee the invoice, then the Township may lien the registrable property with such cost, along with an administrative fee as determined in the Township's fee ordinance to recover the administrative personnel services. In addition to filing a lien the Township may pursue financial penalties against the mortgagee.
(10)
Fees.
(a)
In accordance with N.J.S.A. 40:48-2.12s3, at the time of initial registration each registrant shall pay a non-refundable annual registration fee of $500 for each property under foreclosure. Subsequent annual registrations of properties under foreclosure and fees in the amount of $500 are due within 10 days of the expiration of the previous registration. There shall be an additional fee of $2,000 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 at any time thereafter while the property is in foreclosure.
(b)
If the registrable 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 semi-annual registration fee shall be charged for every thirty-day period, or portion thereof, the registrable property is not registered and shall be due and payable with the registration.
(c)
Should the Township contract with a third-party for the administration of the Registry, fees shall be collected pursuant to N.J.S.A. 40:48-2.12s3.
(11)
Sale or transfer of the registerable property.
(a)
If the mortgage and/or servicing on a registrable property is sold or transferred, the new mortgagee/servicer is subject to all the terms of this chapter. Within 10 days of the transfer, the new mortgagee shall register the registrable property, if not already registered, or update the existing registration in the Registry. The previous mortgagee(s)/servicer(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during their 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 registrable property or update the existing registration in the Registry. 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 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.
(c)
This section shall also apply to real property that has been the subject of a foreclosure sale where title is transferred to the mortgagee as well as any real property transferred to the mortgagee under a deed in lieu of foreclosure or by any other legal means.
(12)
Immunity for enforcement.
(a)
Any Code Enforcement personnel, police officer, Health Department employee, or any person authorized by the Township to enforce this section shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon registrable property while in the discharge of duties imposed by this section.
(13)
Violations.
(a)
An out-of-state creditor subject to this section found by the municipal court of the Township, 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 this section shall be subject to a fine of $2,500 for each day of the violation.
[1]
Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in paragraph (1) of subsection a. of section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) or paragraph (1) of subsection a. of section 2 of P.L.2021, c. 444 (N.J.S.A. 40:48-2.12s2) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
(b)
A creditor subject to this section found by the municipal court of the Township, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection C(13)(a) above, shall be subject to a fine of $1,500 for each day of the violation.
[1]
Any fines imposed pursuant to the above subsection 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.
(c)
No less than 20% of any money collected pursuant to this section shall be utilized by the Township for municipal code enforcement purposes.