Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor filing the summons and complaint in an action to foreclose a lien on residential property that is vacant and abandoned, without regard to whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. This obligation applies without regard to whether the determination that the property is vacant and abandoned is made by a public officer, as defined herein, pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise. If the creditor is located out-of-state, the creditor shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.
If a public officer, or any other local official responsible for administration of any property maintenance or public nuisance code, determines that the creditor has failed to provide for the care, maintenance, security, and upkeep of the exterior of a vacant and abandoned property, as required by this chapter, then the public officer, or other authorized municipal official, shall issue a notice to the creditor that has filed the summons and complaint in the foreclosure action. The notice shall require the person or entity being notified 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 pursuant to this section shall constitute proof that a property is "vacant and abandoned" for the purposes of N.J.S.A. 2A:50-73.
An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided pursuant to N.J.S.A. 46:10B-51(a)(1). An out-of-state creditor subject to this chapter found by the Municipal Court of the City of North Wildwood, 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 chapter shall be subject to a fine of $2,500 for each day of the violation. 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 N.J.S.A. 46:10B-51(a)(1) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
A creditor subject to this chapter found by the Municipal Court of the City of North Wildwood, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this chapter shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following receipt of the notice, 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. As required by N.J.S.A. 40:48-2.12s, no less than 20% of any money collected pursuant to this section shall be utilized by the City of North Wildwood for municipal Code enforcement purposes.