[HISTORY: Adopted by the Mayor and Council
of the Borough of Fanwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-12-1980 by Ord. No. 717R]
This article shall be known as and may be cited
by the short form title of the "Property Maintenance Ordinance," herein
referred to as "this article."
Experience and observations have shown that
lack of maintenance may lead to progressive deterioration. In turn,
this may lead to blighting conditions which, if not curtailed or removed,
may grow and spread and necessitate the expenditure of large amounts
of public funds to correct or eliminate. Through the establishment
of the regulations and restrictions contained herein, the desirability
of residential and nonresidential uses and the amenities of neighborhoods
will be enhanced and the general health, safety and welfare of all
residents fostered and protected.
The purpose of this article is to protect the
public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance and condition of residential
and nonresidential premises. It fixes certain responsibilities upon
owners, operators, occupants and other persons. It authorizes and
establishes procedures for the inspection of residential and nonresidential
premises. It fixes penalties for the violations of this article and
provides procedures for correcting violations in those cases requiring
Borough action. This article is hereby declared to be protective,
preventive and essential for the public interest.
The following words and terms, whenever used in this article, shall have the respective meanings herein assigned to them and shall be construed to include the plurals of these words. Words and terms in this article which are defined in Chapter 184, Land Use, of the Code of the Borough of Fanwood are consistent in definition.
A subordinate structure, the purpose of which is incidental
to that of the main structure of the same lot.
Any roofed structure and any unroofed platform, terrace or
porch having a vertical face taller than three feet above the elevation
of the ground at any point.
The Building Code of the Borough of Fanwood, Chapter 46.[1]
A condition characterized by holes, breaks, rot, crumbling,
cracking, peeling, rusting or other evidence of physical decay or
neglect, vandalism, lack of maintenance, excessive use and/or the
uncorrected consequences of natural catastrophe.
Any premises, or any part thereof, which may be viewed lawfully
by the public or any member thereof.
Open space on the premises exclusive of any structures.
Any device or condition likely to cause fire and situated
so as to endanger either persons or property, including but not limited
to accumulation or storage of ignitable or explosive material in sufficient
amount or located so as to jeopardize either persons or property,
obstructing safe and ready means of entrance and exit.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The presence of vermin on the premises which constitute a
nuisance or a health hazard.
To keep in good repair and to preserve property.
Premises, or portions thereof, not used for or associated
with dwelling units.
Any condition so defined by common law, the
statutes of the State of New Jersey or the ordinances of the Borough
of Fanwood.
Any condition which may prove attractive but
detrimental to health and safety.
Physical conditions dangerous or detrimental
to the public health and safety.
Anything which renders air, food or drink unwholesome
or detrimental to the public health.
A fire hazard.
Any person having actual possession of a premises, including any person who takes possession after the initial notice is sent as described in § 224-13.
[Amended 7-11-2006 by Ord. No. 06-16R]
Any person who has charge, care or control of a premises, or any part thereof, with or without the knowledge and/or consent of the owner, including any person who takes such charge, care or control after the initial notice is sent as described in § 224-13.
[Amended 7-11-2006 by Ord. No. 06-16R]
Any person who, alone, jointly or severally with others, has a legal or equitable interest in any premises, with or without actual possession of the premises, and/or shall have charge, care or control of any premises, including any person who takes legal or equitable interest and/or charge, care or control after the initial notice is sent as described in § 224-13.
[Amended 7-11-2006 by Ord. No. 06-16R]
A lot, plot or parcel of land, including all the buildings
or structures thereon.
See § 224-11.
All nonputrescible solid wastes, including but not limited
to ashes, street cleanings, abandoned vehicles or portions of vehicles,
abandoned toys or recreational means or devices, abandoned shopping
carts, solid market and industrial wastes, household furnishings,
including bedding and crockery; such combustible materials as paper,
wrappings, cigarettes, cardboard, leaves and wood; tin cans, glass
and other litter; grass and yard clippings and such putrescible materials
as human or animal wastes, dead animals and other organic materials
not classified as garbage.
Anything constructed, assembled or erected, the use of which
requires location on or in the ground or attachment to something having
its location on or in the ground, and includes fences, tanks, swimming
pools, shelters, towers, advertising devices, bins, tents, lunch wagons
and trailers, dining cars or similar structures on wheels or other
supports used for commercial or residential purposes. Wires and their
supporting poles, towers and frames of electrical or telephone utilities,
or service utilities entirely below the ground, are also deemed to
be "structures."
Any of various insects or undomesticated animals which are
potentially destructive, annoying or injurious to health.
All structures and premises shall comply with
the provisions of this article, whether or not those structures and
premises have been constructed, altered or repaired before or after
the enactment of this article and irrespective of any permits or licenses
which may have been issued for their use or occupancy prior to the
effective date of this article.
In any case where the provisions of this article
impose a higher standard than set forth in any other chapter of this
Code or under the laws of the State of New Jersey, then the standards
set forth in this article shall prevail. If the provisions of this
article impose a lower standard than any other chapter of this Code
or of the laws of the State of New Jersey, then the higher standard
shall prevail.
No certificate of compliance with this article
shall constitute a defense against any violation of any other chapter
of this Code, nor shall any provision herein relieve any person from
complying with any other chapter of this Code nor any Borough official
from enforcing any other provision.
A.
It shall be the duty of the owner and/or operator
to keep the exterior of the premises free of nuisances, which include
but are not limited to:
(1)
Garbage and/or refuse.
(2)
Natural growth, such as dead and dying or storm-damaged
trees and limbs or other growth, including trees, shrubs, grass, weeds
or plant growth, which, by reason of its condition or nature (e.g.,
poison ivy, ragweed, overgrown noxious bushes or weeds) constitutes
a hazard to persons lawfully in the vicinity and/or which is deemed
noxious or detrimental to the public health and welfare. All such
trees, bushes and other natural growth shall be kept pruned and trimmed
to prevent such conditions. owners of vacant and occupied premises
must keep them free of such nuisances.
[Amended 11-8-1989 by Ord. No. 89-15]
(3)
Overhanging objects and accumulations of ice and/or
snow which, by reason of their location above ground level constitute
a danger of falling on persons lawfully in the vicinity.
(4)
Ground surface hazards, such as holes, excavations,
breaks and projections on residential premises within five feet of
an unfenced property line or on any part of a nonresidential premises
to which the public has lawful access.
(5)
Runoff drains must be provided and maintained to eliminate
any recurrent or excessive accumulation of stormwater which renders
any part of any premises unsafe for members of the public lawfully
thereon.
(6)
Sources of infestation, including all environments
and conditions conducive to the increase or spread of vermin.
B.
It shall be the duty of the owner and/or operator
to keep and maintain the exterior of the premises and structures so
that the appearance of the same shall not constitute a blighting factor,
including but not limited to the following:
(2)
Landscaping. Premises shall be kept from becoming
overgrown and/or unsightly. For the purposes of this subsection, "overgrown
and/or unsightly" shall be deemed to exist if and when grass, weeds
or plant growth (e.g., poison ivy, ragweed or overgrown weeds) rises
above the height of six inches. Vegetation rising above the height
of six inches and located along the public right-of-way shall be kept
from becoming a hazard to pedestrians and motorists.
[Amended 11-8-1995 by Ord. No. 95-15R]
(3)
Signs. All signs permitted by reason of other regulations
shall be maintained in good repair, and printed matter, pictures or
illustrations contained on the signs shall be completely maintained
and, when no longer in use, completely removed. Any temporary sign,
including paper advertising material, glued or otherwise attached
to a structure or window or otherwise exposed to public view shall
be removed at the expiration of the event for which it is erected
or within 30 days after posting, whichever shall occur sooner.
(4)
General maintenance. The exterior of every structure
shall be maintained in good repair for purposes of preservation and
appearance and free of conditions reflective of deterioration or inadequate
maintenance.
(5)
Front yard parking. No person shall park any motor
vehicle in any front yard area except on driveways and parking areas
constructed and installed in compliance with Borough ordinances.
[Amended 9-28-1988 by Ord. No. 88-19RA; 12-28-1998 by Ord. No. 98-18R; 7-11-2006 by Ord. No. 06-16R]
No person or persons, resident or nonresident,
within the Borough shall dump or litter on and/or destroy public or
private property, including but not limited to:
A.
Dumping. No person shall throw, dump or place any
garbage, trash, debris, refuse, rubbish or other waste material on
any public or private property in the Borough except for substances
collected as part of a scheduled cleanup program of the Borough (scheduled
cleanup). With regard to any scheduled cleanup, such exception shall
only apply if such substances are placed in the public right-of-way
or along the public right-of-way immediately in front of the private
property ("private property") which is owned by the owner and/or leased
or occupied by the occupant, as part of the scheduled cleanup, and
the substances have been so placed for the purpose of having them
picked up as part of the scheduled cleanup. An owner and/or occupant
shall not allow another person who is not the owner and/or occupant
of the private property to place such substances in the manner herein
described as part of the scheduled cleanup. Litter, garbage, trash,
refuse or other materials to be picked up as part of a scheduled cleanup
shall not be placed by the owner and/or occupant in the public right-of-way
or along the public right-of-way any sooner than the weekend prior
to the commencement date of the scheduled cleanup. For purposes of
this section, any person who is not an owner and/or occupant in the
Borough shall be prohibited from participating in any cleanup program
established by the Borough.
B.
Littering. No person shall litter sidewalks, roadways,
railroad rights-of-way or any other property, whether publicly or
privately owned.
C.
Destruction of plantings. No person shall pick, trample
or destroy any shrubbery, flowers, trees or plantings on any public
or private property, unless the person is the owner or occupant of
the private property.
D.
Structures or signs. No person shall mark, mar, deface
or destroy any structure and/or sign on public and/or private property,
except the owner or occupant of the premises may destroy such signs
on its premises in accordance with law.
E.
Dumping in private receptacles or dumpsters. No person
shall discard personal garbage and/or refuse into receptacles or dumpsters
maintained by any other person or the Borough, except for the incidental
discard of litter by patrons or pedestrians provided by the Borough
or a business for that purpose. Businesses shall monitor their dumpsters
and/or receptacles and shall make certain that they do not overflow.
[Amended 7-14-1993 by Ord. No. 93-12R; 7-11-2006 by Ord. No.
06-16R]
It shall be the duty of the owner, operator,
and/or occupant of any real property in the Borough to keep and maintain
the following areas or portions of their premises in the manner described
hereafter:
A.
Windows. All windows exposed to public view shall
be kept clean and free of marks or foreign substances, except for
temporary signs and when necessary in the course of a business changing
displays. No storage of materials, stock or inventory shall be permitted
in window areas exposed to exterior public view unless said areas
are first screened from the public view by draperies, shades or blinds
which shall be maintained in a clean and attractive manner and in
a good state of repair.
B.
Storefronts. All storefronts shall be kept painted
and/or in good repair and shall not constitute a safety hazard or
nuisance. Necessary repairs shall be made with materials equivalent
to those used in the original construction or the current version
of the New Jersey Uniform Construction Code, or with materials qualitatively
superior to those.
C.
Awnings, marquees and signs. Awnings, marquees and
signs, when permitted by the Uniform Construction Code or this Code,
shall be maintained in good repair and shall not constitute a nuisance
or a safety hazard. Identifying signs shall bear the name only of
the business currently operating at the site, or the nature of the
business, as may be determined by the Planning Board or the Construction
Official, as the case may be.
D.
Parking lots, sidewalks and rights-of-way. Parking
lots, sidewalks and rights-of-way shall be kept free of litter, refuse
and garbage and shall have all exterior grounds not covered by impervious
material, gravel or wood chips planted with grass, ground cover and/or
seasonal plantings.
E.
Litter, refuse or garbage receptacles. Commercial
establishments serving or selling foodstuffs, including machine-dispensed
foodstuffs, shall provide and shall maintain receptacles, compatible
with those provided by the Borough, wherein the public may dispose
of any wrappings, containers or other refuse.
F.
Runoff drains and gutters. Runoff drains and gutters shall be maintained
in good repair and good working order and shall not constitute a nuisance
or a safety hazard. Runoff drains and gutters shall be firmly attached
to the building or structure to which they are appurtenant.
[Added 2-7-2012 by Ord. No. 12-02R]
[Amended 7-11-2006 by Ord. No. 06-16R]
A.
The Mayor shall appoint a public officer with the
consent of the Borough Council, and all inspections, regulations,
enforcement and/or hearings on violations of the provisions of this
article, unless expressly stated to the contrary, shall be under the
direction and supervision of the Public Officer. The Public Officer
may, with the consent of the Mayor and Council, appoint such Deputy
Public Officers or employees to perform duties as may be necessary
to the enforcement of this article, including the making of inspections
and appearances at hearings.
B.
The Public Officer shall serve a one-year term commencing
on January 1 and ending on December 31, or upon the appointment of
a successor, whichever occurs later.
[Amended 4-8-1992 by Ord. No. 92-01R; 11-8-1995 by Ord. No.
95-15R; 7-11-2006 by Ord. No. 06-16R]
The Public Officer shall, at his/her own determination and/or upon receipt of two written or verbal requests/complaints, inspect the condition of the premises cited or the alleged violation area ("cited premises") to determine whether the cited premises are in compliance with this article. In cases where noncompliance relates to §§ 224-8A(2) and/or 224-8B(2), the Public Officer shall make an inspection upon receipt of one or more written or verbal requests/ complaints and/or upon the Public Officer's own determination of a possible violation.
[Amended 4-8-1992 by Ord. No. 92-01R; 11-8-1995 by Ord. No.
95-15R; 11-14-1996 by Ord. No. 96-13R; 9-11-1997 by Ord. No.
97-12R; 7-11-2006 by Ord. No. 06-16R]
A.
If, after the inspection provided for in § 224-12, the Public Officer determines that the premises are not in compliance with this article, the Public Officer shall issue and cause to be served upon the owner, occupant, and/or operator of the premises, as the case may be, a written notification stating the nature of the violation, the required correction, and the number of days that the owner, occupant, and/or operator has (have) to correct the condition ("initial notice") in accordance with the following schedule:
(1)
(a)
First offense: no less than seven days to correct
the violation.
(b)
Second offense within one year of first offense:
no less than five days to correct the violation.
(c)
Third or more offenses within two years of second
offense: no further notice is required to be given regarding correction
of the violation.
(2)
All other violations:
(a)
First offense: no less than 10 days to correct
the violation.
(b)
Second offense within one year of first offense:
no less than 10 days to correct the violation.
(c)
Third or more offenses within two years of second
offense: no further notice is required to be given regarding correction
of the violation.
B.
In cases where the violation presents a clear and
present danger to the public health and/or safety as determined by
the Chief of Police, the Board of Health, the Construction Official
and/or the Public Officer, the owner, operator, and/or occupant of
the premises shall be given the initial notice stating the nature
of the violation and the correction required, and allowing no less
than 24 hours for completion of the correction or the complaint shall
be turned over to the Police Department, the Mayor, and/or the Board
of Health, as applicable, for prompt action within their respective
jurisdictions. In the event that the Borough police officer in charge
at the premises determines that the danger must be abated immediately,
such action shall be so taken so long as written notification of such
action having been taken is given to the owner, operator and/or occupant
of said premises within 48 hours of such determination and the time
within which the owner, operator and/or occupant has to correct the
condition shall be deemed immediate without a twenty-four-hour notice.
C.
Notifications as provided for in this section shall
include a statement of the penalties which can be imposed for failure
to comply.
D.
In the event that the owner, occupant and/or operator changes from the time that the initial notice is given, and there is no clear and present danger as provided in Subsection B above, the Public Officer shall provide the new owner, occupant and/or operator, as the case may be, with a copy of the initial notice and shall require compliance from the new owner within five days of the date that the copy of the initial notice is sent.
[Amended 4-8-1992 by Ord. No. 92-01R; 11-8-1995 by Ord. No.
95-15R; 11-14-1996 by Ord. No. 96-13R; 7-11-2006 by Ord. No.
06-16R]
A.
If the violation is not corrected within the time provided by § 224-13, notification of the violation and the failure to take action shall be transmitted to the Borough Clerk by the Public Officer for placement on the agenda of the Building and Zoning Committee's next regular or special meeting or placement on the agenda of the next regularly scheduled public meeting or agenda session of the Mayor and Council (hereafter the applicable municipal body shall sometimes be referred to as the "reviewing agency"), whichever occurs first.
B.
Where the violation and failure to take action relates to §§ 224-8A(2) and/or 224-8B(2), notification of the violation and the failure to take action shall be transmitted to the Borough Clerk by the Public Officer. If the Borough Clerk confirms that the violation continues despite the notice to correct and the failure to take action within the time prescribed in § 224-13, then the Borough Clerk may, without approval of the reviewing agency, direct the Public Officer to sign a complaint to be heard in the Fanwood Municipal Court, with a copy of the complaint being forwarded to the Chair of the Building and Zoning Committee and to the Mayor.
[Amended 4-8-1992 by Ord. No. 92-01R; 11-8-1995 by Ord. No.
95-15R[1]; 7-11-2006 by Ord. No. 06-16R]
A.
As provided in § 224-14A, the reviewing agency shall review the decision of the Public Officer before a complaint is filed with the Municipal Court.
B.
In further accord with § 224-14A, the reviewing agency, as a result of such review, may uphold, modify or reverse the decision of the Public Official ("decision").
(1)
In the event that the reviewing agency upholds the
decision, the Public Officer shall proceed to sign a complaint to
be heard in the Fanwood Municipal Court, with a copy of the complaint
being forwarded to the Chair of the Building and Zoning Committee
and to the Mayor.
(2)
In the event that the reviewing agency modifies the
decision, the Public Officer shall notify the owner, occupant or operator
and shall provide said person with five days within which to undertake
the modified action. If the owner, occupant and/or operator fails
to take such action within that time, the Public Officer shall proceed
to sign a complaint to be heard in the Fanwood Municipal Court, with
a copy of the complaint being forwarded to the Chair of the Building
and Zoning Committee and to the Mayor.
C.
The reviewing agency may withhold strict enforcement
of the decision but only if it makes a determination that:
(1)
Strict enforcement would constitute an undue and unnecessary
hardship on the owner, occupant, and/or operator because it would
compel expenditures with regard to the premises which would be substantially
disproportionate to any benefit to health, safety or welfare that
might be derived from compliance;
(2)
The owner, occupant, and/or operator is without any
means to comply with the strict provisions of this article;
(3)
The premises are to change ownership within five days
of the date of the meeting of the reviewing agency and the new owner
has, on or before the date of the meeting at which the matter is considered
by the reviewing agency: a) confirmed in writing the new owner's intention
to bring the premises into compliance with this article within 10
days of its taking title; and/or b) the new owner has deposited in
escrow with the Borough moneys constituting the value of the corrective
work required as determined by the Public Officer. Said escrow shall
be returned to the new owner upon completion of the work. In the event
that the new owner does not take title within the five days, does
not provide its intention in writing, or does not perform the corrective
work timely, all as set forth in this subsection, the Borough may
contract to have the work performed.
D.
In the event that the owner, occupant, and/or operator fail(s) to correct the violation(s) within the time provided by the initial notice, the Mayor and Council may undertake to bring the premises cited into compliance with this article through the expenditure of Borough funds, simultaneously with the Municipal Court proceeding referenced in § 224-15B. In such event, the Public Officer shall present to the Mayor and Council a report of the work proposed to be done to achieve compliance along with an estimate of its costs. The Mayor and Council may, by resolution, authorize the work to be done to correct the violation and bring the premises into compliance with this article and the laws of the State of New Jersey and designate a Borough employee to oversee the work, to ensure that it is done in accordance with the resolution, does not exceed the amount specified in the resolution and, upon completion, submit a report to the Mayor and Council of the work done and the moneys expended.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Subsection B, relating to the upholding of
the Public Officer's decision, which immediately followed this subsection,
and for the relettering of former Subsections C and D as B and C,
respectively.
[Amended 11-8-1989 by Ord. No. 89-15R; 12-28-1999 by Ord. No.
99-25R; 7-11-2006 by Ord. No. 06-16R]
A.
Upon issuance of the initial notice, the owner shall
correct the condition and notify the Public Officer that said condition
has been corrected. An inspection shall then be made for which no
fee shall be charged ("initial inspection").
B.
Should full compliance not be achieved at the time of the initial inspection, action described in § 224-14 shall thereupon be required.
C.
The owner shall be responsible for reimbursing the
Borough for any time expended by the Public Official, Construction
Official, Borough Attorney, or any other employee or consultant of
the Borough after the initial inspection in the event that the condition
has not been fully corrected. The Borough shall be reimbursed for
all expenditures of Borough funds to abate any of the violations described
above and for the cost of all reinspections. Failure to reimburse
the Borough shall result in a lien for said costs being placed against
the property in the same manner as real estate taxes.
(1)
The amount of 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 article determined
in favor of the Borough shall also be a municipal lien against the
real property upon which such costs were incurred.
[Amended 12-28-1999 by Ord. No. 99-25R; 7-11-2006 by Ord. No. 06-16R]
There shall be no fee for the initial inspection.
The amount to be reimbursed to the Borough for the time of the Public
Official or Construction Official shall be at the rate of $100 per
hour or $100 for the first inspection after the initial inspection,
whichever is greater, if it is determined that the owner has failed
to correct the condition after the time provided in the initial notice.
Fees for subsequent inspections to determine compliance shall increase
$25 for each subsequent inspection, to be paid by the property owner.
The amount to be reimbursed to the Borough for the Borough Attorney
shall be at the rate of $120 per hour.
[Amended 9-28-1988 by Ord. No. 88-19RA; 11-8-1995 by Ord. No. 95-15R; 9-11-1997 by Ord. No. 97-12R; 12-28-1999 by Ord. No.
99-25R; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No.
06-11R; 7-11-2006 by Ord. No. 06-16R]
A.
Where any owner or operator fails to comply with any
notice issued pursuant to this article, he/she shall be deemed in
violation of this article and shall be subject to the penalties provided
herein.
B.
It shall be the duty of the Public Officer to cause
a summons to be issued from the Fanwood Municipal Court for such violation
as more fully set forth above, but nothing contained herein shall
limit the power of the Public Officer to take such further action
under the criminal and civil laws of New Jersey through any court
of competent jurisdiction as may be necessary to remove or abate any
nuisance or condition prohibited by this article, utilizing the services
of the Borough Attorney.
C.
Each violation of any of the provisions of this article
and each day the violation exists or each object which is placed,
thrown or deposited in violation of this article shall be a separate
and distinct offense. Any person who shall violate any provision of
this article shall, upon conviction thereof, be punished by a fine
not exceeding $2,000 or by imprisonment for a term not exceeding 90
days, and/or by a period of community service not exceeding 90 days.
D.
Where abatement of the violation, condition and/or nuisance is accomplished and the premises brought into compliance with this article through the expenditures of Borough funds, such costs shall be assessed against the premises cited as a lien in the same manner as real estate taxes. In the case of violations, as described in § 224-13, where the owner, occupant, and/or operator fails to correct a violation, condition and/or nuisance, where there has been determined to be a clear and present danger to public health and/or safety, or where such danger requires abatement by the Borough or contractors hired and paid for by the Borough, such costs shall also be assessed against the premises cited as a lien in the same manner as real estate taxes.
[Adopted 9-9-2015 by Ord.
No. 15-12R]
A.
Title. The title of this § 224-19 shall be "Vacant and abandoned residential properties on which a summons and complaint of foreclosure has been filed."
B.
CREDITOR
(1)
(2)
VACANT AND ABANDONED
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(3)
(a)
(b)
(c)
Definitions. The following words and terms, whenever used in this § 224-19, shall have the respective meanings herein assigned to them and shall be construed to include the plurals of these words. Words and terms in this § 224-19 which are defined elsewhere in the Code of the Borough of Fanwood are consistent in definition.
Any entity or person located in-state or out-of-state initiating, serving or filing a summons and complaint of foreclosure against a residential property located within the Borough, whether or not the residential property is "vacant and abandoned" as defined in this § 224-19; and
Consistent with Section 3 of P.L. 2008, c.86, a state chartered
bank, savings bank, savings and loan association or any credit union,
any person required to be licensed under the provisions of the New
Jersey Residential Mortgage Lending Act, any entity acting on behalf
of the creditor named in the debt obligation, including, but not limited
to, servicers, and any person or entity required to file quarterly
reports with the New Jersey Department of Banking and Insurance (DOBI)
consistent with Section 15 of the Mortgage Stabilization and Relief
Act, P.L. 2008, c. 127 (N.J.S.A. 46:10B-49).
Consistent with Section 1 of P.L. 2010, c.70 (N.J.S.A. 2A:50-73),
residential property shall be deemed "Vacant and Abandoned" if a notice
of violation has been issued for the property pursuant to § 224-19.3
of this article and Subsection b. of Section 1 of P.L. 2014, c. 35.
Where a notice of violation has not been issued pursuant to
Subsection D of this article or Subsection b. of Section 1 of P.L.
2014, c.35, residential property shall be deemed vacant and abandoned
where a mortgaged property is not occupied by a mortgagor or tenant
as evidenced by a lease agreement entered into prior to the service
of a notice of intention to commence foreclosure according to Section
4 of the Fair Foreclosure Act, P.L. 1995, c.244, and at least two
of the following conditions exist:
Overgrown or neglected vegetation;
Accumulation of newspapers, circulars, flyers or mail;
Disconnected gas, electric, or water utility services;
Accumulation of hazardous, noxious, or unhealthy substances
or materials;
Accumulation of junk, litter, trash or debris;
Absence of window treatments such as blinds, curtains or shutters;
Absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
Windows or entrances that are boarded up or closed off, or multiple
windowpanes that are damaged, broken and unrepaired;
Doors 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 any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
Residential property shall not be deemed vacant and abandoned under this § 224-19 where 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;
A building occupied on a seasonal basis, but otherwise secure;
or
A building that is secure, but is the subject of a probate action,
action to quiet title, or other ownership dispute.
C.
Creditor responsibility for vacant and abandoned residential properties.
(1)
A creditor filing a summons and complaint in an action to foreclose on a residential property within the Borough shall be responsible for the care, maintenance, security and upkeep of the exterior of the property immediately upon the property becoming vacant and abandoned as defined in this § 224-19, whether that occurs before or after the filing of the creditor's foreclosure action and whether the filing of the foreclosure action occurs before or after the effective date of this § 224-19.
(2)
Where a creditor is located out-of-state, the creditor shall appoint an in-State representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of this § 224-19.
(3)
A creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property located within the Borough, whether or not such property is vacant and abandoned, shall, within 10 days of serving the summons and complaint, provide written notice to the Borough Clerk 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 communication, at the discretion of the Borough Clerk. If the creditor is located out-of-state, the notice shall also contain the full name and contact information of the creditor's in-state representative or agent as appointed pursuant to Subsection C(2) above, who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and abandoned as defined in this § 224-19.
D.
Notice.
(1)
Any public officer designated by the Borough or authorized municipal official responsible for the administration of any property maintenance or public nuisance code shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Borough, if the public officer determines that the creditor has violated this article by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Where a creditor is located out-of-state, the notice shall be issued to his or her representative or agent that has been identified by the creditor pursuant to Subsection C of this article and the Save New Jersey Homes Act of 2008.
E.
Violations and penalties.
(1)
A creditor subject to this § 224-19 that is found by the municipal court of the Borough, 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 § 224-19 shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this Subsection E(1) shall commence 31 days following the creditor's receipt of the notice, except 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.
(2)
An out-of-state creditor subject to this § 224-19 that is found by the municipal court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent 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 paragraph (1) of Subsection a. of Section 17 of P.L. 2008, c.127 (N.J.S.A. 46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
(3)
No less than 20% of any money collected by the Borough pursuant to this § 224-19 shall be utilized by the Borough for municipal code enforcement purposes.
(4)
If the Borough expends public funds in order to abate a nuisance or correct a violation on a residential property for which the creditor was given notice pursuant to the provisions of this § 224-19 but failed to abate the nuisance or correct the violation as directed, the Borough 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 Section 23 of P.L.2003, c.210 (N.J.S.A. 55:19-100).
