[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 7-18-2017 by Ord. No. 17-2513. Amendments noted where applicable.]
[Amended 2-17-2026 by Ord. No. 26-2661]
A. 
Foreclosure continues to be an issue confronting residents and municipalities.
B. 
Properties in foreclosure proceedings can involve properties that are vacant and abandoned or have an increased risk of becoming vacant and abandoned during the foreclosure proceeding.
C. 
Vacant and abandoned properties in foreclosure create a greater risk of blight and can create a wide range of problems for the communities in which they are located, including criminal activity, public health problems, depressed property values, reduced tax revenues, and diminished quality of life.
D. 
The Legislature has recognized that municipalities must possess tools to identify properties in foreclosure, monitor their status, and mitigate the risk that they become vacant and abandoned, resulting in blight. The Legislature has also recognized the impact on municipal budgets associated with identifying, monitoring, and mitigating these problems.
E. 
Existing antiblight statutes do not provide a uniform and comprehensive mechanism for municipalities to identify, monitor, and mitigate the risks of vacant and abandoned properties in foreclosure.
F. 
To provide such a mechanism, the Legislature enacted P.L. 2021, c. 444,[1] to establish a uniform property registration system to enable municipalities to identify, monitor, and address the risk of blight created by properties on which foreclosure proceedings have been initiated or such properties that have become vacant and abandoned.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
A. 
This article is enacted pursuant to N.J.S.A. 40:48-2.12s3, which permits municipalities to enact ordinances to:
(1) 
Create a property registration program for the purposes of identifying and monitoring residential and commercial properties within the municipality for which a summons and complaint in an action to foreclose on a mortgage has been filed;
(2) 
Regulate the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential and commercial properties for which a summons and complaint in an action to foreclose has been filed; and
(3) 
Impose property registration fees on the creditor of residential or commercial properties on an annual or semiannual basis.
B. 
This article shall be interpreted and enforced in accordance with the fullest extent of the authority granted to municipalities under P.L. 2021, c. 444,[1] and any subsequent amendments or supplements thereto.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
C. 
To the extent that any provision of this chapter conflicts with P.L. 2021, c. 444, the latter shall control.
As used in this article, the following words, terms and their derivations shall have the following meanings unless their use in the text of this article clearly demonstrates a different meaning or references another provision of the Borough Code, or a statute or regulation.
CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose upon the residential or commercial mortgage changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor for the purposes of this article. For the purposes of this article, a creditor shall not include the State of New Jersey; a political subdivision of the state; a state, county, or local government entity, or their agent or assignee, such as a servicer.
VACANT AND ABANDONED PROPERTY
A. 
A property that is not legally occupied by 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 conditions:
(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 or personal items;
(8) 
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
(9) 
Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
(10) 
Doors to the property that are smashed through, broken off, unhinged, or continuously locked;
(11) 
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;
(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 a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
(15) 
Any other reasonable indicia of abandonment.
B. 
Except that for purposed of this article, a residential property shall not be considered "vacant and abandoned" if, on the property:
(1) 
There is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in compliance with all applicable ordinances, codes, regulations, and statutes;
(2) 
There is a building occupied on a seasonal basis, but otherwise secure; or
(3) 
There is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute.
A. 
There is hereby established a property registration program for the purposes of identifying and monitoring residential and commercial properties within the municipality for which a summons and complaint in an action to foreclose on a mortgage has been filed.
B. 
A creditor filing a summons and complaint in an action to foreclose must, in addition to the notices provided to the Borough pursuant to N.J.S.A. 46:10B-51 and N.J.S.A. 40:48-2.12s2; also register the residential or commercial property with the enforcement official as a property in foreclosure.
C. 
The registration must include the following:
(1) 
Information regarding the creditor required pursuant to N.J.S.A. 46:10B-51a(1) and N.J.S.A. 40:48-2.12s2a(1) and § 233-3.
(2) 
Information regarding the filed summons and complaint in foreclosure, including: a) the filing date; b) the court in which it was filed; and c) the docket number of the filing. Provided that it provides this information, a copy of the summons and complaint will satisfy this provision.
(3) 
Information regarding whether the property qualifies as vacant and abandoned as defined pursuant to N.J.S.A. 40:48-2.12s3b(8) and § 233-3.
D. 
If, following the filing of the summons and complaint in foreclosure, there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to register hereunder, the property registration must be updated within 10 days of such changes.
E. 
If a registered property becomes vacant and abandoned, as defined pursuant to N.J.S.A. 40:48-2.12s3b(8) and § 233-3, after the initial registration, the registration must be updated to reflect this change in status.
F. 
Out-of-state creditors must appoint an in-state representative or agent to act for the foreclosing creditor and to accept service of summonses and notices of violation.
A. 
Creditors required to register properties pursuant to this chapter are subject to the following fees:
(1) 
A fee of $500 per property annually for any property required to be registered because a summons and complaint have been filed in an action by the creditor to foreclose.
(2) 
An additional fee of $2,000 per property annually if the property is vacant and abandoned, as defined pursuant to § 233-3, 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. 
Property registration fees are due and payable upon filing of the required notice and thereafter on or before January 1 of each year.
C. 
Property registration fees shall be considered a municipal charge pursuant to the Tax Sale Law, N.J.S.A. 54:5-1 et seq.
D. 
Late and unpaid property registration fees are subject to interest pursuant to N.J.S.A. 54:4-67.
A. 
A creditor filing a summons and complaint in an action to foreclose is responsible for the care, maintenance, security, and upkeep of the exterior of any property that is or becomes vacant and abandoned while registered in the property registration program.
B. 
The duties and obligations imposed upon creditors pursuant to Subsection A include, but are not limited to, the following:
(1) 
Compliance with the provisions of Chapter 232, Property Maintenance, of the Code of the Borough of Bergenfield.
(2) 
Compliance with any and all other applicable provisions of the Borough Code.
C. 
Creditors, or authorized agents, of vacant and abandoned properties registered hereunder must provide the Borough with reasonable access thereto for the purpose of conducting interior and exterior inspections to determine compliance with this section. The Borough shall provide reasonable notice of such inspections, which will be carried out during regular business hours, or at such other times as circumstances warrant or as agreed to by the parties.
A. 
The provisions of this article shall be enforceable by the Construction Official, Zoning Officer, Health Officer, Fire Official, Property Maintenance Officer, Borough Engineer, or any such other authorized officer or employee of the municipality authorized to enforce the provisions of the Borough Code, all of whom, unless otherwise specified by ordinance or state law, shall be considered the "enforcement official" for purposes of this article.
B. 
Upon a determination that a creditor has violated this chapter, the enforcement official is empowered to issue notices of violation. In cases where the charge is failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, such notices shall require that the violation be corrected within 30 days of receipt, or within 10 days of receipt if the violation presents an imminent threat to public health and safety.
A. 
An out-of-state creditor found by the Municipal Court, or other court of competent jurisdiction, to be in violation of the requirement set forth in § 233-4F to appoint an in-state representative shall be subject to a fine of $2,500 for each day of the violation. These fines shall commence on the first day after the close of the 10-day period, set forth in N.J.S.A. 46:10B-51; P.L. 2021, c. 444, and 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 found by the Municipal Court, or other court of competent jurisdiction, to be in violation of any other provision of this article, except for the violation covered under the preceding subsection, 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 of violation, except in cases where 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.
Notwithstanding any other contrary provisions of this chapter, Fannie Mae, Freddie Mac and any loan servicers acting on their behalf are exempt from payment of any registration fee for any property registered under this chapter as well as from payment of any fines or penalties otherwise permitted to be assessed under this chapter or any other provision of the Borough Code.
A. 
Abandoned properties create a wide range of problems for the Borough of Bergenfield, fostering criminal activity, creating public health problems and otherwise diminishing the quality of life for residents and business operators in those areas.
B. 
Abandoned properties diminish the property values of neighboring properties and have a negative effect on the quality of life of adjacent property owners, increasing the risk of property damage through arson and vandalism and discouraging neighborhood stability and revitalization.
C. 
For these reasons, abandoned properties are presumptively considered to be nuisances, in view of their negative effects on nearby properties and the residents or users of those properties.
D. 
The continued presence of abandoned properties in the Borough of Bergenfield acts as a significant barrier to the Borough's continued progressive development and revitalization.
E. 
The responsibility of a property owner to maintain a property in sound condition and prevent it from becoming a nuisance to others extends to properties which are not in use and "demolition by neglect," leading to the deterioration and loss of the property, or failure by an owner to comply with legitimate orders to demolish, stabilize or otherwise repair his or her property creates a presumption that the owner has abandoned the property.
As used in this article, the following terms shall have the meanings indicated:
DEPARTMENT
The New Jersey Department of Community Affairs.
LIENHOLDER or MORTGAGE HOLDER
Any person or entity holding a note, mortgage or other interest secured by the building or any part thereof.
OWNER
The holder or holders of title to an abandoned property.
PROPERTY
Any building or structure and the land appurtenant thereof.
PUBLIC OFFICER
The person designated by the Borough of Bergenfield pursuant to § 3 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.5), or any officer of the Borough of Bergenfield qualified to carry out the responsibilities set forth in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), and designated by the Mayor and Council of the Borough of Bergenfield.
QUALIFIED REHABILITATION ENTITY
An entity organized or authorized to do business under the New Jersey statutes, which shall have as one of its purposes the construction or rehabilitation of residential or nonresidential buildings, the provision of affordable housing, the restoration of abandoned property, the revitalization and improvement of urban neighborhoods, or similar purpose, and which shall be well qualified by virtue of its staff, professional consultants, financial resources, and prior activities set forth in P.L. 2003, c. 10 (N.J.S.A. 55:19-78 et seq.), to carry out the rehabilitation of vacant buildings in urban areas.
A. 
Except as provided in § 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:
(1) 
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;
(2) 
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;
(3) 
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes as of the date of a determination by the public officer pursuant to this section; or
(4) 
The property has been determined to be a nuisance by the public officer in accordance with § 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82).
B. 
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:119-78 et seq.), so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A(1) or (4) of this section.
A. 
A property may be determined to be a nuisance if:
(1) 
The property has been found to be unfit for human habitation, occupancy or use pursuant to § 1 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3);
(2) 
The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties;
(3) 
The property is subject to unauthorized entry leading to potential health and safety hazards; the owner has failed to take reasonable and necessary measures to secure the property; or the Borough of Bergenfield has secured the property in order to prevent such hazards after the owner has failed to do so;
(4) 
The presence of vermin or the accumulation of debris, uncut vegetation or physical deterioration of the structure or grounds have created potential health and safety hazards and the owner has failed to take reasonable and necessary measures to remove the hazards; or
(5) 
The dilapidated appearance or other condition of the property materially affects the welfare, including the economic welfare, of the resident of the area in close proximity to the property, and the owner has failed to take reasonable and necessary measures to remedy the conditions.
B. 
A public officer who determines a property to be nuisance pursuant to Subsections A(2) through (5) of this section shall follow the notification procedures set forth in P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.).
[Amended 2-17-2026 by Ord. No. 26-2661]
A. 
If an entity other than the Borough of Bergenfield has purchased or taken assignment from the Borough of a tax sale certificate on a property that has not been legally occupied for a period of six months, that property shall not be placed on the abandoned property list pursuant to § 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), if:
(1) 
The owner of the certificate has continued to pay all Borough taxes and liens on the property in the tax year when due; and
(2) 
The owner of the certificate takes action to initiate foreclosure proceedings within six months after the property is eligible for foreclosure pursuant to either Subsection a or b of N.J.S.A. 54:5-86, as appropriate, and diligently pursues foreclosure proceedings in a timely fashion thereafter.
B. 
A property which is used on a seasonable basis shall be deemed to be abandoned only if the property meets any two of the additional criteria set forth in § 4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81).
C. 
A determination that a property is abandoned property under the provisions of P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), shall not constitute a finding that the use of the property has been abandoned for purposes of municipal zoning or land use regulation.
D. 
Upon the request of a purchaser or assignee of a tax sale certificate seeking to bar the right of redemption on an abandoned property pursuant to Subsection b of N.J.S.A. 54:5-86, the public officer or the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of "abandoned" according to the criteria set forth in §§ 4 and 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81 and 55:19-82).
[Added 2-17-2026 by Ord. No. 26-2661]
Inventory of abandoned property; list to be maintained; publication in official newspaper; notice to owner of record; challenge by owner (from N.J.S.A. 55:19-55). The Borough of Bergenfield may direct the public officer to identify abandoned property for the purpose of establishing an abandoned property list through the Borough, or within those parts of the Borough as the governing body may designate. Each item of abandoned property so identified shall include the tax block and lot number, the name of the owner of record, if known, and the street address of the lot.
A. 
The public officer shall establish and maintain a list of abandoned property, to be known as the "abandoned property list." The Borough of Bergenfield may add properties to the abandoned property list at any time and may delete properties at any time when the public officer finds that the property no longer meets the definition of an abandoned property. An interested party may request that a property be included on the abandoned property list following that procedure set forth in § 31 of P.L. 2003, c. 210 (N.J.S.A. 55:19-105).
B. 
An abandoned property shall not be included on the abandoned property list if rehabilitation is being performed in a timely manner, as evidenced by building permits issued and diligent pursuit of rehabilitation work authorized by those permits. A property on which an entity other than the Borough has purchased or taken assignment from the Borough of a tax sale certificate which has been placed on the abandoned property list may be removed in accordance with the provisions of § 29 of P.L. 2003, c. 210 (N.J.S.A. 55:19-103).
C. 
The public officer shall establish the abandoned property list or any additions thereto by publication in the official newspaper of the Borough of Bergenfield which publication shall constitute public notice and, within 10 days after publication, shall send a notice by certified mail, return receipt requested, and by regular mail to the owner of record of every property included on the list. The published and mailed notices shall identify property determined to be abandoned, setting forth the owner of record, if known, the tax lot and block number and street address. The public officer, in consultation with the Tax Collector, shall also send out a notice by regular mail to any mortgagee, servicing organization or property tax processing organization that receives a duplicate copy of the tax bill pursuant to Subsection d of N.J.S.A. 54:4-64. When the owner of record is not known for a particular property and cannot be ascertained by the exercise of reasonable diligence by the Tax Collector, notice shall not be mailed but instead shall be posted on the property in the manner as provided in § 5 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.7). The mailed notice shall indicate the factual basis for the public officer's finding that the property is abandoned property as that term is defined in § 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54), and the rules and regulations promulgated thereunder, specifying the information relied upon in making such finding. In all cases a copy of the mailed or posted notice shall also be filed by the public officer in the office of the county clerk or register of deeds and mortgages, as the case may be, of the county wherein the property is situate. This filing shall have the same force and effect as a notice of lis pendens under N.J.S.A. 2A:15-6. The notice shall be indexed by the name of the property owner as defendant and the name of the Borough as plaintiff, as though an action had been commenced by the Borough against the owner.
D. 
An owner or lienholder may challenge the inclusion of his property on the abandoned property list determined pursuant to Subsection B of this section by appealing that determination to the public officer within 30 days of the owner's receipt of the certified notice or 40 days from the date upon which the notice was sent. An owner whose identity was not known to the public officer shall have 40 days from the date upon which notice was published or posted, whichever is later, to challenge the inclusion of a property on the abandoned property list. For good cause shown, the public officer shall accept a late filing of an appeal. Within 30 days of receipt of a request of an appeal of the findings contained in the notice pursuant to Subsection D of this section, the public officer shall schedule a hearing for redetermination of the matter. Any property included on the list shall be presumed to be abandoned property unless the owner, through the submission of an affidavit or certification by the property owner averring that the property is not abandoned and stating the reasons for such averment, can demonstrate that the property was erroneously included on the list. The affidavit or certification shall be accompanied by supporting documentation, such as but not limited to photographs, and repair invoices, bills and construction contracts. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined in § 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54). The public officer shall decide any timely filed appeal within 10 days of the hearing on the appeal and shall promptly, by certified mail, return receipt requested, and by regular mail, notify the property owner of the decision and the reasons therefor.
E. 
The property owner may challenge an adverse determination of an appeal with the public officer pursuant to Subsection D of this section, by instituting, in accordance with the New Jersey Court Rules, a summary proceeding in the Superior Court, Law Division, sitting in the county in which the property is located, which action shall be tried de novo. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the public officer pursuant to Subsection D of this section. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined in § 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54). The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the court may extend the deadline for instituting the action.
F. 
The public officer shall promptly remove any property from the abandoned property list that has been determined not to be abandoned on appeal.
G. 
The abandoned property list shall become effective, and the Borough shall have the right to pursue any legal remedy with respect to properties on the abandoned property list, at such time as any one property has been placed on the list in accordance with the provisions of this section, upon the expiration of the period for appeal with respect to that property or upon the denial of an appeal bought by the property owner.
A. 
A summary action or otherwise to transfer possession and control of abandoned property in need of rehabilitation to the Borough of Bergenfield may be brought by the Borough in the Superior Court in the county in which the property is situated. If the court shall find that the property is abandoned pursuant to § 4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81), and the owner or party in interest has failed to submit and initiate a rehabilitation plan, then the court may authorize the Borough to take possession and control of the property and develop a rehabilitation plan.
B. 
The Borough of Bergenfield granted possession and control may commence and maintain those further proceedings for the conservation, protection or disposal of the property or any part thereof that are required to rehabilitate the property, necessary to recoup the cost and expenses of rehabilitation and for the sale of the property; provided, however, that the court shall not direct the sale of the property if the owner applies to the court for reinstatement of control of the property as provided in § 15 of P.L. 2003, c. 20 (N.J.S.A. 55:19-92).
C. 
Failure by the owner, mortgage holder or lienholder to submit plans for rehabilitation to the Borough, obtain appropriate construction permits for rehabilitation or, in the alternative, submit formal applications for funding the cost of rehabilitation to local, state or federal agencies providing such funding within that six-month period shall be deemed prima facie evidence that the owner has failed to take any action to further the rehabilitation of the property.
A complaint filed pursuant to § 7 of P.L. 2003, c. 210 (N.J.S.A. 55:19-84), shall include:
A. 
Documentation that the property is on the municipal abandoned property list or a certification by the public officer that the property is abandoned; and
B. 
A statement by an individual holding appropriate professional qualifications that there are sound reasons that the building should be rehabilitated rather than demolished based upon the physical, aesthetic or historical character of the building or the relationship of the building to other buildings and lands within its immediate vicinity.
A. 
Within 10 days of filing a complaint pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), the plaintiff shall file a notice of lis pendens with the county recording officer of the county within which the building is located.
B. 
At least 30 days before filing the complaint, the Borough shall serve a notice of intention to take possession of an abandoned building. The notice shall inform the owner and interested parties that the property has not been legally occupied for six months and of those criteria that led to a determination of abandonment pursuant to § 4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81).
(1) 
The notice shall provide that unless the owner or a party in interest prepares and submits a rehabilitation plan to the appropriate Borough officials, the Borough will seek to gain possession of the building to rehabilitate the property and the associated cost shall be a lien against the property, which may be satisfied by the sale of the property, unless the owner applies to the court for reinstatement of control of the property as provided in § 15 of P.L. 2003, c. 210 (N.J.S.A. 55:19-92).
(2) 
After the complaint is filed, the complaint shall be served on the parties in interest in accordance with the New Jersey Rules of Court.
C. 
After serving the notice of intent pursuant to Subsection B of this section, the Borough or its designee may enter upon that property after written notice to the owner by certified mail, return receipt requested, in order to secure, stabilize or repair the property, or in order to inspect the property for purposes of preparing the plan to be submitted to the court pursuant to § 12 of P.L. 2003, c. 210 (N.J.S.A. 55:19-89).
A. 
Any owner may defend against a complaint filed pursuant to § 7 of P.L. 2003, c. 210 (N.J.S.A. 55:19-84), by submitting a plan for the rehabilitation and reuse of the property which is the subject of the complaint and by posting a bond equal to 125% of the amount determined by the public officer or the court to be the projected cost of rehabilitation. Any plan submitted by an owner to defend against a complaint shall be submitted within 60 days after the complaint has been filed, unless the court provides the owner with an extension of time for good cause shown.
B. 
A plan submitted by an owner pursuant to this section shall include, but not be limited to:
(1) 
A detailed financial feasibility analysis, including documentation of the economic feasibility of the proposed reuse, including operating budgets or resale prices, or both, as appropriate;
(2) 
A budget for the rehabilitation of the property including sources and uses of funds, based on the terms and conditions of realistically available financing, including grants and loans;
(3) 
A timetable for the completion of rehabilitation and reuse of the property; including milestones for performance of major steps leading to and encompassing the rehabilitation and reuse of the property; and
(4) 
Documentation of the qualifications of the individuals and firms that will be engaged to carry out the planning, design, financial packaging, construction, and marketing or rental of the property.
C. 
Court approval.
(1) 
The court shall approve any plan that, in the judgment of the court, is realistic and likely to result in the expeditious rehabilitation and reuse of the property which is the subject of the complaint.
(2) 
If the court approves the owner's plan, then it may appoint the public officer to act as monitor of the owner's compliance. If the owner fails to carry out any step in the approved plan, then the Borough may apply to the court to have the owner's bond forfeited, possession of the building transferred to the Borough to complete the rehabilitation plan and authorization to use the bond proceeds for rehabilitation of the property.
(3) 
The owner shall provide quarterly reports to the Borough on its activities and progress toward rehabilitation and reuse of the property. The owner shall provide those reports to the court on its activities that the court determines are necessary.
D. 
The court may reject a plan and bond if it finds that the plan does not represent a realistic and expeditious means of ensuring the rehabilitation of the property or that the owner or his representatives or agents or both lack the qualifications, background or other criteria necessary to ensure that the plan will be carried out successfully.
A. 
If an owner is unsuccessful in defending against a complaint filed pursuant to § 7 of P.L. 2003, c. 210 (N.J.S.A. 55:19-84), the mortgage holder or lienholder may seek to be designated in possession of the property by submitting a plan and posting a bond meeting the same conditions as set forth in § 10 of P.L. 2003, c.210 (N.J.S.A. 55:19-87). The plan shall be submitted within 60 days after the court has rejected the owner's plan, unless the court provides the mortgage holder or lienholder with an extension of time for good cause shown. If the court approves any such mortgage holder's or lienholder's plan it shall designate that party to be in possession of the property for purposes of ensuring its rehabilitation and reuse and may appoint the public officer to act as monitor of the party's compliance.
(1) 
The mortgage holder or lienholder, as the case may be, shall provide quarterly reports to the court and the Borough on its activities and progress toward rehabilitation and the reuse of the property.
(2) 
If the mortgage holder or lienholder fails to carry out any material step in the approved plan, then the public officer shall notify the court, which may order the bond forfeit, grant the Borough possession of the property and authorize the Borough to use the proceeds of the bond for rehabilitation of the property.
B. 
Any sums incurred or advanced for the purpose of rehabilitating the property by a mortgage holder or lienholder granted possession of a property pursuant to Subsection A of this section, including court costs and reasonable attorneys' fees, may be added to the unpaid balance due that mortgage holder or lienholder, with interest calculated at the same rate set forth in the note or security agreement or, in the case of a tax lienholder, at the statutory interest rate for subsequent liens.
A. 
If no mortgage holder or lienholder meets the conditions of § 11 of P.L. 2003, c. 210 (N.J.S.A. 55:19-88), then the Borough shall submit a plan to the court which conforms with the provisions of Subsection b of § 10 of P.L. 2003, c. 210 (N.J.S.A. 55:19-87). The plan shall designate the entity which shall implement the plan, which may be the Borough or that entity designated in accordance with the provisions of § 13 of P.L. 2003, c. 210 (N.J.S.A. 55:19-90).
B. 
The court shall grant the Borough possession of the property if it finds that:
(1) 
The proposed rehabilitation and reuse of the property is appropriate and beneficial;
(2) 
The Borough is qualified to undertake the rehabilitation and reuse of the property; and
(3) 
The plan submitted by the Borough represents a realistic and timely plan for the rehabilitation and reuse of the property.
C. 
The Borough shall take all steps necessary and appropriate to further the rehabilitation and reuse of the property consistent with the plan submitted to the court. In making its findings pursuant to this section, the court may consult with qualified parties, including the Department of Community Affairs, and, upon request by a party in interest, may hold a hearing on the plan.
D. 
Where either a redevelopment plan pursuant to P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.), or a neighborhood revitalization plan pursuant to P.L. 2001, c. 415 (N.J.S.A. 52:27D-490 et seq.), has been adopted or approved by the Department of Community Affairs, as appropriate, encompassing the property which is the subject of a complaint, the court shall make a further finding that the proposed rehabilitation and reuse of the property are not inconsistent with any provision of either plan.
A. 
The Borough may exercise its rights under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), directly, or may designate a qualified rehabilitation entity to act as its designee for the purpose of exercising the Borough's rights where that designation will further the rehabilitation and reuse of the property consistent with the Borough's plans and objectives. This designation shall be made by resolution of the Mayor and Council of the Borough of Bergenfield. The governing body or Mayor, as the case may be, may delegate this authority to the public officer.
B. 
Regardless of whether the Borough exercises its rights directly or designates a qualified rehabilitation entity pursuant to this section, while in possession of a property pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-789 et seq.), the Borough shall maintain, safeguard and maintain insurance on the property. Notwithstanding the Borough's possession of the property, nothing in P.L. 2003, c. 210 (N.J.S.A. 55:190-78 et seq.), shall be deemed to relieve the owner of the property of any civil or criminal liability or any duty imposed by reasons of acts or omissions of the owner.
A. 
If the Borough has been granted possession of a property pursuant to § 12 of P.L. 2003, c. 210 (N.J.S.A. 55:19-89), that Borough shall be deemed to have an ownership interest in the property for the purpose of filing plans with public agencies and boards, seeking and obtaining construction permits and other approvals, and submitting applications for financing or other assistance to public or private entities.
(1) 
For the purposes of any state program of grants or loans including but not limited to programs of the Department of Community Affairs and the New Jersey Housing and Mortgage Finance Agency, possession of a property under this section shall be considered legal control of the property.
(2) 
Notwithstanding the granting of possession to the Borough, nothing in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), shall be deemed to relieve the owner of the property of any obligation the owner or any other person may have for the payment of taxes or other municipal liens and charges, or mortgages or liens to any party, whether those taxes, charges or liens are incurred before or after the granting of possession.
(3) 
The granting of possession shall not suspend any obligation the owner may have as of the date of the granting of possession for payment of any operating or maintenance expense associated with the property, whether or not billed at the time of the granting of possession.
B. 
The court may approve the borrowing of funds by the Borough to rehabilitate the property and may grant a lien or security interests with priority over all other liens or mortgages other than municipal liens. Prior to granting this lien priority, the court shall find that: 1) the Borough sought to obtain the necessary financing from the senior lienholder, which declined to provide such financing on reasonable terms; 2) the Borough sought to obtain a voluntary subordination from the senior lienholder, which refused to provide such subordination; and 3) lien priority is necessary in order to induce another lender to provide financing on reasonable terms. No lien authorized by the court shall take effect unless recorded in the office of the clerk of the county in which the property is located. For the purposes of this section, the cost of rehabilitation shall include reasonable nonconstruction costs such as architectural fees or construction permit fees customarily included in the financing of the rehabilitation of residential property.
C. 
Where the Borough has been granted possession by the court in the name of the Borough, the Borough of Bergenfield may seek the approval of the court to assign its rights to another entity, which approval shall be granted by the court when it finds that: 1) the entity to which the Borough's rights will be assigned is a qualified rehabilitation entity; and 2) the assignment will further the purposes of this section.
D. 
Where the Borough has designated a qualified rehabilitation entity to act on its behalf, the qualified rehabilitation entity shall provide quarterly reports to the Borough of its activities and progress toward rehabilitation and reuse of the property. The Borough or qualified rehabilitation entity, as the case may be, shall provide such reports to the court as the court determines to be necessary. If the court finds that the Borough or its designee has failed to take diligent action toward rehabilitation of the property within one year from the grant of possession, then the court may request the Borough to designate another qualified rehabilitation entity to exercise its rights, or if the Borough fails to do so, may terminate the order of possession and return the property to its owner.
E. 
The Borough shall file a notice of completion with the court and shall also serve a copy on the owner and any mortgage holder or lienholder, at such time as the Borough has determined that no more than six months remain to the anticipated date on which rehabilitation will be complete. This notice shall include an affidavit of the public officer attesting that rehabilitation can realistically be anticipated to be complete within that time period and a statement setting forth such actions as it plans to undertake to ensure that reuse of the property takes place consistent with the plan.
A. 
An owner may petition for reinstatement of the owner's control and possession of the property at any time after one year from the grant of possession, but no later than 30 days after the Borough has filed a notice of completion with the court or, in the event the notice of completion is filed within less than one year of the grant of possession, within 30 days after the Borough has filed notice.
B. 
The court may allow additional time for good cause if that additional time does not materially delay completion of the rehabilitation, place undue hardship on the Borough, or affect any of the terms or conditions under which the Borough has applied for or received financing for the rehabilitation of the property.
Any petition for reinstatement of the owner's control and possession of the property filed pursuant to § 15 of P.L. 2003, c. 210 (N.J.S.A. 55:19-92), shall:
A. 
Include a plan for completion of the rehabilitation and reuse of the property consistent with the plan previously approved by the court;
B. 
Provide legally binding assurances that the owners will comply with all conditions of any grant or loan secured by the Borough to repay those grants or loans in full, at the discretion of the maker of the loan or grant; and
C. 
Be accompanied by payment equal to the sum of:
(1) 
All Borough liens outstanding on the property;
(2) 
All costs incurred by the Borough in bringing action with respect to the property;
(3) 
Any costs incurred by the Borough not covered by grants or loans to be assumed or repaid pursuant to this section; and
(4) 
Any costs remaining to complete rehabilitation and reuse of the property, as determined by the public officer, which payment shall be placed in escrow with the clerk of the court pending disposition of the petition.
A. 
Prior to the granting of a petition on the part of the owner by the court pursuant to § 15 of P.L. 2003, c. 210 (N.J.S.A. 55:19-92), the owner may be required to post a bond or other security in an amount determined by the court, after consulting with the public officer, as likely to ensure that the owner will continue to maintain the property in sound condition. That bond or other security shall be made available to the Borough to make any repair on the property in the event of a code violation which is not corrected in timely fashion by the owner. The bond or other security may be forfeit in full in the event that the owner fails to comply with any requirement imposed as a condition of the reinstatement petition filed pursuant to § 15 of P.L. 2003, c. 210 (N.J.S.A. 55:19-92).
B. 
The owner may seek approval of the court to be relieved of this requirement after five years, which shall be granted if the court finds that the owner has maintained the property in good repair during that period, that no material violations affecting the health and safety of the tenants have occurred during that period, and that the owner has remedied other violations in a timely and expeditious fashion.
If the owner fails to petition for the reinstatement of control and possession of the property within 30 days after the entity in possession has filed a notice of completion or in any event within two years after the initial grant of possession, of if the owner fails to meet any conditions that may be set by the court in granting a reinstatement petition filed pursuant to § 15 of P.L. 2003, c. 219 (N.J.S.A. 55:19-92), upon petition from the entity in possession, the court may grant the Borough title or authorize the Borough to sell the property, subject to the provisons of § 19 of P.L. 2003, c. 210 (N.J.S.A. 55:19-96).
A. 
Where the Borough seeks to gain title to the property, it shall purchase the property for fair market value on such terms as the court shall approve and may place the proceeds of sale in escrow with the court.
(1) 
The court may authorize the Borough to sell the building free and clear of liens, claims and encumbrances, in which event all such liens, claims and encumbrances shall be transferred to the proceeds of sale with the same priority as existed prior to resale in accordance with the provisions of this section, except that municipal liens shall be paid at settlement.
(2) 
The proceeds of the purchase of the property shall be distributed as set forth in § 20 of P.L. 2003, c. 210 (N.J.S.A. 55:19-97).
B. 
The Borough may seek approval of the court to sell the property to a third party when the court finds that such conveyance will further the effective and timely rehabilitation and reuse of the property.
C. 
Upon approval by the court, the Borough shall sell the property on such terms and at such price as the court shall approve, and may place the proceeds of sale in escrow with the court. The court shall order a distribution of the proceeds of sale after paying court costs in the order of priority set forth in § 20 of P.L. 2003, c. 210 (N.J.S.A. 55:19-97).
The proceeds paid pursuant to Subsection c of § 19 of P.L. 2003, c. 210 (N.J.S.A. 55:19-96), shall be distributed in the following order of priority:
A. 
The costs and expenses of sale;
B. 
Other governmental liens;
C. 
Repayment of principal and interest on any borrowing or indebtedness incurred by the Borough and granted priority lien status pursuant to Subsection a of § 21 of P.L. 2003, c. 210 (N.J.S.A. 55:19-98);
D. 
A reasonable development fee to the Borough consistent with the standards for development fees established for rehabilitation programs by the New Jersey Department of Community Affairs or the New Jersey Housing and Mortgage Finance Agency;
E. 
Other valid liens and security interests, in accordance with their priority; and
F. 
The owner.
A. 
The public officer, with the approval of the court, may place a lien on the property to cover any costs of the Borough in connection with a proceeding under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), incurred prior to the grant by the court of any order of possession under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), which may include costs incurred to stabilize or secure the property to ensure that it can be rehabilitated in a cost effective manner. Any such lien shall be considered a Borough lien for the purpose of N.J.S.A. 54:5-9 with the rights and status of a Borough lien pursuant thereto.
B. 
With the exception of the holding of special tax sales pursuant to § 24 of P.L. 2003, c. 210 (N.J.S.A. 55:19-101), the remedies available under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), shall be available to the Borough with respect to any abandoned property, whether or not the Borough has established an abandoned property list as provided in § 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), and whether or not the property has been included on any such list.
Notwithstanding any provision to the contrary in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), a court may in its discretion deny a lienholder or mortgage holder any or all rights or remedies afforded lienholders and mortgage holders under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), if the court finds that the owner of a property subject to any of the provisions of P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), owns or controls more than a fifty-percent interest in, or effective control of, the lienholder or mortgage holder or that the familial or business relationship between the lienholder or mortgage holder and the owner precludes a separate interest on the part of the lienholder or mortgage holder.
With respect to any lien placed against any real property pursuant to the provisions of § 1 or 3 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 or 40:28-2.5), or § 1 of P.L. 1989, c. 91 (N.J.S.A. 40:48-2.3), or any receiver's lien pursuant to P.L. 2003, c. 295 (N.J.S.A. 2A:42-114 et seq.), the Borough shall have recourse with respect to the lien against any asset of the owner of the property, if an individual, against any asset of any partner, if a partnership; and against any asset of any owner of a ten-percent interest or greater, if the owner is any other business organization or entity recognized pursuant to law.
The Borough of Bergenfield may hold special tax sales with respect to those properties eligible for tax sales pursuant to N.J.S.A. 54:5-19 which are also on an abandoned property list established by the Borough pursuant to § 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55). If the Borough elects to hold a special tax sale, it shall conduct that sale subject to the following provisions:
A. 
The Borough shall establish criteria for eligibility to bid on properties at the sale, which may include, but shall not be limited to: documentation of the bidder's ability to rehabilitate or otherwise reuse the property consistent with Borough plans and regulations; commitments by the bidder to rehabilitate or otherwise reuse the property consistent with Borough plans and regulations; commitments by the bidder to take action to foreclose on the tax lien by a date certain; and such other criteria as the Borough may determine are necessary to ensure that the properties to be sold will be rehabilitated or otherwise reused in a manner consistent with the public interest;
B. 
The Borough may establish minimum bid requirements for a special tax sale that may be less than the full amount of the taxes, interest and penalties due, the amount of such minimum bid to be at the sole discretion of the Borough in order to ensure that the properties to be sold will be rehabilitated or otherwise reused in a manner consistent with the public interest;
C. 
The Borough may combine properties into bid packages and require that bidders place a single bid on each package, and reject any and all bids on individual properties that have been included in bid packages;
D. 
The Borough may sell properties subject to provisions that if the purchaser fails to carry out any commitment that has been set forth as a condition of sale pursuant to Subsection A of this section or misrepresents any material qualification that has been established as a condition of eligibility to bid pursuant thereto, then the properties and any interest thereto acquired by the purchaser shall revert to the Borough and any amount paid by the purchaser to the Borough at the special tax sale shall be forfeit to the Borough;
E. 
In the event there are two or more qualified bidders for any property or bid package in a special tax sale, the Borough may designate the unsuccessful but qualified bidder whose bid was closest to the successful bid as an eligible purchaser;
F. 
In the event that the purchaser of that property or bid package fails to meet any of the conditions of sale established by the Borough pursuant to this section, and their interest in the property or properties reverts to the Borough, the Borough may subsequently designate the entity previously designated as an eligible purchaser as the winning bidder for the property or properties, and assign the tax sale certificates to that entity on the basis of that entity's bid at the special tax sale, subject to the terms and conditions of the special tax sale;
G. 
The Borough shall provide notice of a special tax sale pursuant to N.J.S.A. 54:5-26. The notice shall include any special terms of sale established by the Borough pursuant to Subsection B, C or D of this section. Nothing shall prohibit the Borough from holding a special tax sale on the same day as a standard or accelerated tax sale.
With respect to any eminent domain proceeding carried out under § 37 of P.L. 1996, c. 62 (N.J.S.A. 55:19-56), the fair market value of the property shall be established on the basis of an analysis which determines independently:
A. 
The cost to rehabilitate and reuse the property for such purpose as is appropriate under existing planning and zoning regulations governing its reuse or to demolish the existing property and construct new building on the site, including all costs ancillary to rehabilitation such as, but not limited to, marketing and legal costs;
B. 
The realistic market value of the reused property after rehabilitation or new construction, taking into account the market conditions particular to the neighborhood or subarea of the Borough in which the property is located; and
C. 
The extent to which the cost exceeds or does not exceed the market value after rehabilitation or demolition and new construction, and the extent to which any "as is" value of the property prior to rehabilitation can be added to the cost of rehabilitation or demolition and new construction without the resulting combined cost exceeding the market value as separately determined. If the appraisal finds that the cost of rehabilitation or demolition and new construction, as appropriate, exceeds the realistic market value after rehabilitation or demolition and new construction, there shall be a rebuttable presumption in all proceedings under this subsection that the fair market value of the abandoned property is zero, and that no compensation is due the owner.
[Amended 2-17-2026 by Ord. No. 26-2661]
A. 
An owner may remove a property from the list of abandoned properties prior to sale of the tax sale certificate by paying all taxes and municipal liens due including interest and penalties, and:
(1) 
By posting cash or a bond equal to the cost of remediating all conditions because of which the property has been determined to be abandoned pursuant to § 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), and posting cash or a bond to cover the cost of any environmental cleanup required on the property, evidenced by a certification by a licensed engineer retained by the owner and reviewed and approved by the public officer stating that the cash or bond adequately covers the cost of the cleanup; or
(2) 
By demonstrating to the satisfaction of the public officer that the conditions rendering the property abandoned have been remediated in full; provided, however, that where the public officer finds that the owner is actively engaged in remediating the conditions because of which the property was determined to be abandoned pursuant to § 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as evidenced by significant rehabilitation activity on the property, the public officer may grant an extension of time of not more than 120 days for the owner to complete all work, during which time no further proceedings will be taken against the owner or the property.
B. 
If the owner has posted cash or a bond in order to have a property removed from the abandoned property list and the conditions because of which the property was determined to be abandoned have not been fully remediated within one year of the date of posting the cash or bond, or in the case of a property which requires a remediation of any known, suspected or threatened release of contaminants, if the owner has failed to enter into a memorandum of agreement with the Department of Environmental Protection or an administrative consent order, as the case may be, or if an agreement or order is in effect but the owner has failed to perform the remediation in conformance with the agreement or order, then the cash or bond shall be forfeited to the Borough which shall use the cash or bond and any interest which has accrued thereon for the purpose of demolishing or rehabilitating the property or performing the environmental remediation. Any funds remaining after the property has been demolished, rehabilitated or cleaned up shall be returned to the owner.
A. 
Any interested party may submit in writing a request to the public officer that a property be included on the abandoned property list prepared pursuant to § 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), specifying the street address and block and lot number of the property to be included and the grounds for its inclusion. Within 30 days of receipt of any such request, the public officer shall provide written response to the party, either indicating that the property will be added to the list of abandoned properties or, if not, the reasons for not adding the property to the list. For the purposes of this section, "interested party" shall include any resident of the Borough, any owner or operator of a business within the Borough, or any organization representing the interests of residents or engaged in furthering the revitalization and improvements of the neighborhood in which the property is located.
B. 
Any interested party may participate in any redetermination hearing held by the public officer pursuant to Subsection e of § 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55). Upon written request by any interested party, the public officer shall provide the party with at least 20 days' notice of any such hearing. The party shall provide the public officer with notice at least 10 days before the hearing of its intention to participate and the nature of the testimony or other information that it proposes to submit at the hearing.
A. 
Responsible agent. The creditor filing the summons and complaint in an action to foreclose 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.
B. 
Authorized public officer. A public officer appointed pursuant to P.L. 1942, c. 112 (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 to issue a notice to the creditor filing the summons and complaint in an action to foreclose if the public officer or other authorized municipal official determines that the creditor has violated the 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 public health and safety. The issuance of a notice 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).
C. 
Out-of-state creditor. An out-of-state creditor shall be required to include the full name and contact information of the in-state representative or agent in the notice required to be provided.
D. 
Creditor notice requirement.
(1) 
A creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in the state shall, within 10 days of serving the summons and complaint, notify the Municipal Clerk of the Borough of Bergenfield that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property. The notice shall contain the name and contact information for the Representative of the creditor who is responsible for receiving complaints of property maintenance and code violations, may contain information about more than one property, and shall be provided by mail or electronic communications, at the discretion of the Municipal Clerk. In the event the creditor that has served a summons and complaint in an action to foreclose on a residential property is located out of state, the notice shall also contain the full name and contact information 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. The Municipal Clerk shall forward a copy of the notice to the public officer or shall otherwise provide it to any other local official responsible for administration of any property maintenance or public nuisance code. In the event the property being foreclosed on is an affordable unit pursuant to the Fair Housing Act, then the creditor shall identify that the property is subject to the Fair Housing Act. The notice shall also include the street address, lot and block number of the property and the full name and contact information of an individual located within the state who is authorized to accept service on behalf of the creditor. The notice shall be provided to the Municipal Clerk within 10 days of service of a summons and complaint in an action to foreclose on a mortgage against the subject property.
(2) 
Any creditor that has initiated a foreclosure proceeding on any residential property which is pending in Superior Court shall provide to the Municipal Clerk of the Borough of Bergenfield a listing of all residential properties in the municipality for which the creditor has foreclosure actions pending by street address and lot and block number. The Municipal Clerk shall forward a copy of the notice to the public officer, or shall otherwise provide it to any other local official responsible for administration of any property maintenance or public nuisance code.
E. 
Notification by authorized municipal official. If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a residential property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the exterior of the property is found to be a nuisance or in violation of any applicable state or local code, the local public officer, Municipal Clerk or other authorized municipal official shall notify the creditor or the representative or agent of an out-of-state creditor as applicable, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or municipal ordinance. The municipality shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the municipality may impose penalties allowed for the violation of municipal ordinance pursuant to N.J.S.A. 40:49-5.
F. 
Violation. If the municipality expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of Subsection E, Notification by authorized municipal official, but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under § 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
[Added 2-17-2026 by Ord. No. 26-2661]
A. 
When a person other than the Borough of Bergenfield or the authority or its subsidiaries acquired a tax sale certificate for a property on the abandoned property list at tax sale, the purchaser may institute an action to foreclose the right of redemption at any time after the expiration of six months following the date of the seal of the tax sale certificate.
B. 
When the Borough of Bergenfield is the purchaser at tax sale of any property on the abandoned property list pursuant to N.J.S.A. 54:5-34, or when the authority or any of its subsidiaries acquires the tax sale certificate pursuant to Subsection a of § 37 of P.L. 1996, c. 62 (N.J.S.A. 54:5-104.34), an action to foreclose the right of redemption may be instituted in accordance with the provisions of Subsection b of N.J.S.A. 54:5-77.
C. 
After the foreclosure action is instituted, the right to redeem shall exist and continue to exist until barred by the judgment of the Superior Court; provided, however, that no redemptions shall be permitted except where the owner:
(1) 
Posts cash or a bond equal to the cost of remediating the conditions because of which the property was determined to be abandoned pursuant to § 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-56), as determined by the court; or
(2) 
Demonstrates to the court that the conditions because of which the property was determined to be abandoned pursuant to § 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-56), have been remedied in full.
[Added 2-17-2026 by Ord. No. 26-2661]
Entry of final judgment barring right of redemption; grounds for reopening judgment (from N.J.S.A. 55:19-59). Once a final judgment barring the right of redemption with respect to a property on the list of abandoned properties has been recorded, no court shall reopen such judgment at any time except on the grounds of lack of jurisdiction or fraud in the conduct of the action; in any such proceeding, the provisions of P.L. 1996, c. 62 (N.J.S.A. 55:19-20 et seq.) shall be construed liberally in favor of the purchaser, assignee or transferee of the tax sale certificate.