[Added 3-19-2015 by Ord.
No. 10-15; amended 9-1-2022 by Ord. No. 14-22]
The purpose of this article is to:
A.
Create a property registration program for the purposes of identifying
and monitoring residential and commercial properties within the Township
for which a summons and complaint in an action to foreclose on a mortgage
has been filed;
B.
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
C.
Impose property registration fees on the creditor of residential
or commercial properties on an annual basis.
A.
CREDITOR
As used in this article:
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 purposes of this article. For purposes
of this article, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
B.
A creditor filing a summons and complaint in an action to foreclose
shall, in addition to the notice provided to the Township pursuant
to Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51), or Section
2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2), register the residential
or commercial property with the Township's property registration
program as a property in foreclosure and, as part of that registration:
(1)
Provide the Township with the information regarding the creditor
required by Paragraph (1) of Subsection a of Section 17 of P.L. 2008,
c. 127 (N.J.S.A. 46:10B-51), or Paragraph (1) of Subsection a of Section
2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2);
(2)
Identify the date the summons and complaint in an action to foreclose
on a mortgage was filed against the subject property, the court in
which it was filed, and the docket number of the filing; and
(3)
Identify whether the property is vacant and abandoned.
C.
If 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 following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information.
D.
A creditor filing a summons and complaint in an action to foreclose
shall, if the registered property becomes vacant and abandoned after
the property is initially registered with the Township, update the
property registration with the Township to reflect the change in the
property's status.
E.
A creditor located out-of-state shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
A.
A creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program.
B.
The care, maintenance, security, and upkeep of the exterior of the
property includes, but is not limited to, securing the property against
unauthorized entry, posting a sign affixed to the inside of the property
and visible to the public indicating the name, address, and telephone
number of the creditor or an out-of-state creditor's in-state
representative or agent for the purpose of receiving service of process,
acquiring and otherwise maintaining liability insurance by procuring
a vacancy policy, covering any damage to any person or any property
caused by any physical condition of the property while registered
with the property registration program.
A property shall be considered vacant and abandoned under this
article if it is not legally occupied by a 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:
A.
Overgrown or neglected vegetation;
B.
The accumulation of newspapers, circulars, flyers, or mail on the
property;
C.
Disconnected gas, electric, or water utility services to the property;
D.
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
E.
The accumulation of junk, litter, trash, or debris on the property;
F.
The absence of window treatments such as blinds, curtains, or shutters;
G.
The absence of furnishings and personal items;
H.
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
I.
Windows or entrances to the property that are boarded up or closed
off, or multiple windowpanes that are damaged, broken, and unrepaired;
J.
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
K.
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;
L.
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;
M.
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;
N.
A written statement issued by a mortgagor expressing the clear intent
of all mortgagors to abandon the property; or
O.
Any other reasonable indicia of abandonment.
The Township Manager may designate an officer or employee with
the responsibility 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 this article. In the case of a violation for failure to provide
care, maintenance, security, and upkeep of the exterior of vacant
and abandoned 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 registration fee for each property pending foreclosure shall be as set forth in Chapter 235, Fees.
A.
An out-of-state creditor found by the municipal court, 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 article
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), or Paragraph (1) of Subsection
a of Section 2 of P.L. 2021, c. 444 (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 by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection A of this section 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 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.
