[Adopted 2-26-2013 by Ord. No. 13-02]
It is the purpose and intent of this article to establish a
process to mitigate the amount of deteriorating property located within
the City of Englewood, which is in default and vacant, for which a
public notice of default has been filed regardless of occupancy, is
in foreclosure, or where ownership has been transferred to lender
or mortgagee by any legal method. It is further intended to establish
a registration program as a mechanism to protect neighborhoods from
becoming blighted through the lack of adequate maintenance of abandoned
and vacated properties subject to a mortgage or properties subject
to mortgages that are in default.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning. Where the context will permit
and no definitions are provided herein, the definitions provided in
the State of New Jersey Building Code shall apply.
ABANDONED REAL PROPERTY
Any real property that is vacant and/or is under a current
notice of default, notice of mortgagee's sale, pending tax assessor's
lien sale and/or properties that have been the subject of a foreclosure
sale where title is retained by the beneficiary of a mortgage involved
in the foreclosure, and any properties transferred under a deed-in-lieu
of foreclosure sale, a short sale or any other legal means.
ACCESSIBLE PROPERTY
A property that is accessible through a compromised/breached
gate, fence, wall, etc.
ACCESSIBLE STRUCTURE
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
DEFAULT
Mortgagee declares said mortgage to be in default either
in writing, by recording a lis pendens, or by its actions, or commences
foreclosure proceedings.
ENFORCEMENT OFFICER
Any full-time law enforcement officer, Building Official,
Fire Inspector or Code Enforcement Officer employed by, contracted
for, or servicing the City of Englewood.
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions
present would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation; electricity, water or other utilities turned
off; stagnant swimming pool; and statements by neighbors, passers-by,
delivery agents or government agents, among other evidence.
FORECLOSURE
The judicial process by which a property, placed as security
for a mortgage loan, after a judicial process, is to be sold at an
auction to satisfy a debt upon which the borrower has defaulted.
LOCAL PROPERTY MANAGER
An individual property manager, property management company,
property maintenance company or similar entity located within Bergen
County, designated by the owner or mortgagee which is responsible
for the maintenance of abandoned real property.
PUBLIC PROPERTY
Canals, all waterways, lands and improvements owned by any
governmental body or any governmental agency including but not limited
to easements and rights-of-way, but excluding the campus of any institution
of the state university system.
RESIDENTIAL BUILDING
Any improved real property, or portion thereof, situated
in the City, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property.
VACANT
Any building or structure that is not lawfully occupied or
inhabited by human beings.
This article relates to abandoned and vacant property and to
property subject to a mortgage that has been determined by the mortgagee
to be in default. This article shall be considered cumulative and
is not superseding or subject to any other law or provision for same,
but shall rather be an additional remedy available to the City above
and beyond any other state, county and/or local provisions for same.
This article shall apply retroactively with an effective date of January
1, 2012.
Any person who shall violate the provisions of this article shall, upon conviction be subject to the penalties and provisions of Chapter
317, Article
XIII, §§
317-79 through
317-81. In addition, any violation of this section may be enforced by the City Code Official.
The Code Compliance Official, designee, or other authorized
representative shall have authority to require the mortgagee and/or
owner of record of any property affected by this section, to implement
additional maintenance and/or security measures including, but not
limited to, securing any and all door, window or other openings, employment
of an on-site security guard, or other measures as may be reasonably
required to help prevent further decline of the property.
Nothing contained in this article shall prohibit City of Englewood
from enforcing its codes by any other means, including, but not limited
to, injunction, abatement or as otherwise provided by code.