[Adopted 11-10-2022 by Ord. No. 23-22[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III, Vacant Residential and Nonresidential Premises, adopted 2-12-2015 by Ord. No. 03-15.
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
For the purposes of Article III of this chapter, the term "creditor" means a state-chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the New Jersey Residential Mortgage Lending Act, N.J.S.A. 17:11C-51 through N.J.S.A. 17:11C-89, and any entity acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers. Creditor shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer.
A. 
In accordance with P.L. 2008, c. 127, § 17 (N.J.S.A. 46:10B-51), and P.L. 2021, c. 444, § 2 and § 4,[1] a creditor serving a summons and complaint in an action to foreclose on a mortgage on a residential or commercial property in the Borough shall, within 10 days of serving the summons and complaint, notify the Borough Clerk and the Borough Administrator that such a summons and complaint have been filed against the subject property.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s2 and N.J.S.A. 2A:50-73.
B. 
The notice shall set forth the following information:
(1) 
Full name, address, and telephone number for the representative of the creditor responsible for receiving complaints for property maintenance and code violations.
(2) 
The full name and contact information for any person or entity retained by the creditor or a representative of the creditor to be responsible for any care, maintenance, security, or upkeep of the property.
(3) 
The street address, lot and block number of the property.
C. 
The notice may contain information concerning more than one property.
D. 
The notice may be provided by mail or electronic communication, at the discretion of the Borough Clerk.
E. 
Out-of-state creditors must designate on the notice the full name, address, and telephone number of an in-state representative or agent responsible for the care, maintenance, security, and upkeep of the exterior of the property in the event it becomes vacant and abandoned.
F. 
The Borough Clerk shall provide copies of these notices to the appropriate enforcement official.
G. 
If there is any change in the name, address, or telephone number for a representative, agent, or individual designated in the notice as authorized to accept service on behalf of a creditor, the creditor must provide the Borough Clerk with an updated notice within 10 days of any such changes.
A. 
If the owner of a residential or commercial property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if the property becomes vacant at any point following the filing of a summons and complaint in a foreclosure proceeding, but before title vests in the creditor or 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 enforcement 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 and specifications as required by state law or Borough ordinance.
B. 
The notice of violation shall include a description of the conditions that gave rise to the violation and shall provide that the creditor, or the creditor's agent, as applicable, must remedy the violation within no later than 30 days of receipt of the notice.
C. 
In the event the creditor fails to remedy the violation within the time required by the notice, the creditor shall be subject to the same fines and penalties as authorized pursuant to the Borough Code for the violation or violations stated in the notice.
D. 
If the Borough expends public funds to abate a nuisance or correct a violation on a residential or commercial property for which a notice of violation was issued pursuant to Subsection A, but failed to abate the nuisance or correct the violations 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 N.J.S.A. 55:19-100, and the imposition of a municipal lien.