[HISTORY: Adopted by the City Council of the City of Pleasantville 10-19-2015 by Ord. No. 16-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed former Ch. 205,
property, Abandoned, which was comprised of Art. I, Registration and
Maintenance of Abandoned Residential Properties, adopted 10-20-2014
by Ord. No. 22-2014.
This chapter shall be known as and may be cited as "Vacant and
Abandoned Property Registration, Administration and Management."
This article shall be known as and may be cited as "Vacant Property
Registration, Maintenance and Compliance Monitoring."
A.
It is the intent of this chapter and articles to, through the adoption
of this chapter, establish a vacant property management system and
authorize new, and changes to existing, policies and procedures for
the registration, maintenance and compliance monitoring of vacant
properties as a mechanism to protect and preserve the public health,
safety, welfare, security, neighborhood vitality, economic vitality
and the quiet enjoyment of residents, by:
(1)
Requiring all property owners, including lenders, creditors, trustees
and service companies, to properly maintain vacant, unimproved and/or
foreclosing properties; and
[Amended 5-1-2023 by Ord. No. 7-2023]
(2)
Regulating the maintenance of vacant, unimproved and/or foreclosing
properties in order to prevent unsecured unsafe structures in neighborhoods
and neighborhood blight.
B.
In addition to any other remedies in law or equity not set forth
herein, enforcement authority shall be vested in the Code Enforcement
Department, including but not limited to the Code Enforcement Department
and their respective inspectors. The Construction Department, County
Health Department, Police Department, Fire Department and the Department
of Public Works shall also have enforcement authority with respect
to this chapter. The Mayor, with the advice and consent of Council,
may also designate, when necessary, additional enforcement duties
for other City departments to protect neighborhoods from becoming
blighted through the lack of adequate maintenance and security of
vacant properties.
For the purposes of this chapter, certain words and phrases
used in this chapter are defined as follows:
Inventory and identification of abandoned property. P.L.
1996 c. 62 (N.J.S.A. 55:19-55). A qualified municipality that has
designated or appointed a public officer pursuant to Section 3 of
P.L. 1942, c. 112 (N.J.S.A. 40:48-2.5), may adopt an ordinance directing
the public officer to undertake an inventory of abandoned property
in those areas designated for redevelopment pursuant to the "Local
Redevelopment and Housing Law," P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1
et seq.). The ordinance may direct the public officer to exclude from
the inventory of abandoned property that property for which the expense
to the municipality of determining the cost of environmental remediation
required under state or federal law would be excessive, in the judgment
of the municipal governing body. Each item of abandoned property on
the inventory shall include the tax block and lot number, the name
of the owner of record, if known, and the street address of the lot.
In those municipalities in which an inventory has been conducted,
the public officer shall maintain a list of abandoned property, to
be known as the "abandoned property list." An abandoned property shall
not be included on the abandoned property list if rehabilitation is
being performed in a timely manner.
A property shall be considered vacant and abandoned 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:
[Amended 5-1-2023 by Ord. No. 7-2023]
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
A property that is accessible through direct access, a compromised/breached
gate, fence, wall, etc.
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
Any agreement or written instrument, which provides that
title to a property, shall be transferred or conveyed from one owner
to another owner after the sale, trade, transfer or exchange.
Portion of a dwelling unit, rented or offered for rent for
living and dwelling purposes, to one individual or family unit, together
with all privileges, services, furnishings, furniture, equipment,
facilities and improvements connected with the use occupancy of such
portion of the property.
Fit to habitation as defined by the Statutes of the State
of New Jersey, and the Codes and Ordinances of the City of Pleasantville.
An entity under a note secured by a mortgage, deed of trust
or similar document.
Any person, copartnership, association, corporation, or fiduciary
who agrees to transfer anything of value in consideration for property
described in an agreement of sale, as defined in this section.
City of Pleasantville.
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,[1] and any entity acting on behalf of the creditor named
in the debt obligation, including, but not limited to, servicers.
For the purposes of this chapter, a 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.
[Added 5-1-2023 by Ord. No. 7-2023]
Any building/structure that is violation of any condition referenced in Chapter 111, Buildings, Unfit, of the City Code.
Consecutive calendar days.
A recorded document that transfers ownership of a property
from the fee owner to a mortgagor, lien holder, or beneficiary of
the deed of trust.
An instrument by which title to real estate is transferred
to a third-party trustee as security for a real estate loan definition
applies to any and all subsequent deeds of trust (i.e., second trust
deed, third deed, etc.).
The failure to fulfill a contractual obligation, monetary
or conditional.
Shall include that portion of a building or structure rented
or offered for rent to one or more tenants or family units. A room
or series of connected rooms designed for permanent residency, containing
living, cooking, sleeping and sanitary facilities. The dwelling unit
shall be self-contained and shall not require the use of outside stairs
(other than those required for initial access to the structure), passage
through another dwelling unit or other indirect route to get to any
portion of the dwelling unit. Any cottage, bungalow, room or group
of rooms in occupying all or part of a floor or floors in a building,
with housekeeping facilities for dwelling purposes.
The Code Enforcement Department and their respective inspectors,
including, but not limited to, the Construction Department, Atlantic
County Health Department, Police Department, Fire Department and Department
of Public Works, shall also have enforcement authority with respect
to this chapter. The Mayor, with the advice and consent of Council,
may also designate, when necessary, additional enforcement duties
for other City departments.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant or has the potential to become vacant. Such conditions include
but are not limited to a property that is under a current notice of
default and/or notice of Sheriff's sale and/or pending tax lien sale
or has been foreclosed upon by the mortgagee or has been conveyed
to the mortgagor, beneficiary or trustee via a deed in lieu of foreclosure;
overgrown and/or dead vegetation; accumulation of newspapers, circulars,
flyers and/or mail; past-due utility notices and/or disconnected utilities;
accumulation of trash, junk and/or debris; the absence of window coverings,
such as curtains, blinds and/or shutters; the absence of furnishings
and/or personal items consistent with residential habitation; statements
by neighbors, passerby, delivery agents, or government employees that
the property is vacant.
An unoccupied property, apartment or dwelling unit that the
owner or responsible party intends to make available for rent to tenant(s)
shall be considered a vacant property subject to the requirements
of this chapter herein defined until which time the municipal Code
Enforcement Official or designee has deemed the unit habitable by
the issuance of a certificate of occupancy and the owner or responsible
party has properly registered the unit and paid rental registration
fees as defined in the City of Pleasantville Rental Registration Ordinance.[2]
In order to make a final determination for the purposes of notice,
there must be present two or more indicia of vacancy as listed in
the definition of "vacancy" set forth in this section.
[Added 5-1-2023 by Ord. No. 7-2023]
The process by which property, placed as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
Any of the following actions taken by a mortgagee against
the borrower or mortgagor of a property:
Any person, copartnership, association, corporation, or fiduciary
authorized by the owner of record to act on the owner's behalf.
Within 10 road/driving miles' distance of the subject property.
A lien against real estate granted to serve an obligation,
including a deed of trust.
An individual, individuals or business entity to which a
property is mortgaged, including but not limited to the creditor,
service companies, lenders in a mortgage agreement and any agent,
servant or employee of the mortgagee, or any successor in interest
and/or assignee of the mortgagee's rights, interests or obligations
under the mortgage agreement.
The person who has borrowed money and pledged his/her real
property as security for the debt, i.e., granted a mortgage or gives
property as security.
Those conditions that are present on a simple majority of
properties within a one-hundred-yard radius of an individual property.
A property that is the subject of a neighborhood standard comparison,
or any other property within the one-hundred-yard radius, shall be
counted toward the simple majority.
A recorded notice that a default has occurred under a mortgage
or deed of trust and that the mortgagee or beneficiary intends to
proceed with a foreclosure proceeding.
In excess of 10 road/driving miles distance of the subject
property.
Every mortgagor, mortgagee, trustee, agent, real estate agency,
property manager or interested party, who alone or severally with
others:
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise; or
Has care, charge or control of any dwelling, dwelling unit or
parcel of land, vacant or otherwise, in any capacity including but
not limited to agent, executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the holder of legal title; or
Is a mortgagee in possession of any such property; or
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
Is an officer or trustee of the association of unit owners of
a condominium. Each such person is bound to comply as if he were the
owner. However, this chapter shall not apply to any condominium association
or co-op that forecloses or initiates the foreclosure process for
unpaid assessments due or owing the association; or
Every person who operates a rooming house; or
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
The person having recorded title to the property at any given
point in time as set forth in the records recorded with the Registrar
of Deeds of Atlantic County.
Any unimproved or improved real property, real estate, residential
property, commercial property or portion thereof, located in the City
of Pleasantville, including buildings or structures situated on the
property regardless of condition. For the purposes of this section
only, "property" does not include property owned by or subject to
the control of the City or any of its governmental bodies or agencies
including, but not limited to, property owned or controlled by the
Federal Department of Housing and Urban Development.
Shall encompass the City of Pleasantville Resolution 33-2015.
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. This includes any real property being offered for sale,
trade, transfer, or exchanges as "residential" whether or not it is
legally permitted and/or zoned for such use.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Such measures as may be directed by the City Code Enforcement
Officer or his or her designee that assist in rendering the property
inaccessible to unauthorized persons, including but not limited to
the repairing or replacement of fences and walls, chaining/padlocking
of gates, and the repair, replacement or boarding of door, window
and/or other openings. Boarding shall be completed to a minimum of
the current HUD securing standards at the time the boarding is completed
or required.
The person, firm or corporation holding a deed of trust on
a property.
A borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
See "abandoned property."
[Amended 5-1-2023 by Ord. No. 7-2023]
Within 10 days of the acquisition of title by deed in lieu of
foreclosure or Sheriff sale by the mortgagor/trustee or interested
party, such party shall record, with the City of Pleasantville Code
Enforcement Department, documents that list the name of the corporation,
and/or individual, the mailing address and contact phone number of
the new owner/beneficiary/trustee responsible for receiving payments
associated with the mortgage/deed of trust.
[Amended 5-1-2023 by Ord. No. 7-2023]
A.
Any mortgagor, mortgagee, trustee, creditor or owner who holds a
deed or a mortgage on a vacant property located within the City of
Pleasantville must register the property with the Code Enforcement
Department and perform an inspection of the property. If the property
is found to be vacant or shows evidence of vacancy, by the mortgagor,
mortgagee, trustee, owner or enforcement authority, it is, by this
chapter, deemed vacant and each of the mortgagor, mortgagee, trustee,
or owner shall, within 30 days of the inspection, register the property
with the Code Enforcement Department on forms provided by the City.
B.
All registrations must state the mortgagor, mortgagee, trustee, owner,
agent, property manager or other interested parties that are responsible
for the security, maintenance and marketing of the property, direct
name, phone number and mailing address. The mailing address may not
be a P.O. box. This registration must also certify that the property
was inspected and identify whether the property is vacant at the time
of filing.
C.
If the property is vacant, the mortgagor, mortgagee, trustee, owner, agent, property manager or other interested parties must designate and retain an individual, property management company or interested party responsible for the security and maintenance of the property. This designation must state the individual, property Management Company or interested parties' direct name, phone number and mailing address. The mailing address may not be a P.O. box. If the property is in the process of foreclosure, then the registration must be received within seven days of the "initiation of the foreclosure process" as defined in § 205-4, Definitions, hereinabove. If the enforcement authority determines that the property is vacant and the foreclosure proceedings have not been initiated, the registration must be received within 30 days of the enforcement authority's first notice of violations or summons for improper security and/or maintenance.
D.
The registration shall include the insurance certificate required under § 205-11, Maintenance requirements, as defined therein, as well as any additional information that the enforcement authority may reasonably require. Each property having a separate tax block and lot number shall be registered separately.
E.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the City against the owner or owners
of the property.
F.
A registration fee shall accompany the registration form. The fee
and registration shall be valid for the calendar year, or remaining
portion of the calendar year in which the registration was initially
required. All fees are nonrefundable. In the event that the property
remains vacant, subsequent registrations and fees are due January
1 of each year and must be received no later than March 31 of the
year due.
G.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a deed of trust or mortgage and any properties transferred under
a deed in lieu of foreclosure.
H.
Properties subject to this chapter shall remain under the annual
registration requirement and security and maintenance standards of
this section as long as such properties remain vacant.
I.
Once the property is no longer vacant or is sold or otherwise transferred,
the owner must provide proof of sale, transfer or occupancy to the
Code Enforcement Department within 30 days of sale, transfer or occupancy.
K.
Any person, firm or corporation that has registered a property under
this chapter must report any change of information contained in the
registration within 10 days of the change.
L.
Notwithstanding the provisions of N.J.S.A. 40A:5-15 to the contrary, any property registration fees imposed pursuant to this section and collected by a third-party entity contracted with pursuant to § 205-28.1 of this chapter shall be paid over to the municipality within a time frame specified in the contract between the municipality and the third-party entity. Amounts collected by the third-party entity on behalf of the local unit shall be paid over in full to the local unit without any amount deducted as payment for services rendered by the third-party entity. Once the collected fees are paid over to the local unit, the officer charged with the custody of the general funds shall deposit all such funds within 48 hours after the receipt thereof to the credit of the municipality in its designated legal depository. A third-party entity shall collect and pay over to the municipality any interest and penalties, based upon the rate of interest and penalties fixed by the governing body of the municipality for late payment of property taxes, assessments, and other municipal charges pursuant to N.J.S.A. 54:4-67, for late payment of the property registration fees imposed where applicable pursuant to an ordinance adopted pursuant to § 205-28.1 of this chapter. The third-party entity shall, at least once a year or as requested by the Municipal Tax Collector, file a certification as may be required by the Tax Collector to enforce tax liens for all unpaid property registration program fees due and owing at the time the certification is filed.
[Added 5-1-2023 by Ord. No. 7-2023]
A.
A creditor
filing a summons and complaint in an action to foreclose shall, in
addition to the notice provided to the municipality, register the
residential or commercial property with the municipality's property
registration program as a property in foreclosure and, as part of
that registration:
B.
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
required to register pursuant to the property registration program
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;
C.
The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned in accordance with the definition in this chapter required by § 205-4 after the property is initially registered with the municipality, update the property registration with the municipality to reflect the change in the property’s status;
D.
The 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;
E.
A creditor
located out of state shall be responsible for appointing an in-state
representative or agent to act for the foreclosing creditor;
F.
Identify
any requirements that the municipality imposes on the creditor filing
a summons and complaint in an action to foreclose on a property that
is or becomes vacant and abandoned relating to the care, maintenance,
security, and upkeep of the exterior of the property, including, but
not limited to, any requirements to secure the property against unauthorized
entry, post 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, or acquire
and otherwise maintain 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;
[Added 5-1-2023 by Ord. No. 7-2023]
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on a commercial property in the state shall, within
10 days of serving the summons and complaint, notify the Municipal
Clerk and the Mayor or other chief executive officer of the municipality
in which the property is located that a summons and complaint in an
action to foreclose on a mortgage has been filed against the subject
property.
A.
The notice
shall contain the full name, address and telephone number for the
representative of the creditor who is responsible for receiving complaints
of property maintenance and code violations and 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.
B.
The notice
may contain information about more than one property and shall be
provided by mail or electronic communication, at the discretion of
the Municipal Clerk.
C.
In the
event the creditor that has served a summons and complaint in an action
to foreclose on a commercial property is located out of state, the
notice shall also contain the full name, address and telephone number
of an in-state representative or agent who shall be responsible for
the care, maintenance, security and upkeep of the exterior of the
property if it becomes vacant and abandoned. The Municipal Clerk shall
forward a copy of the notice to the public officer or shall otherwise
provide it to any other local official responsible for administration
of any property maintenance or public nuisance code. The notice shall
also include the street address, lot and block number of the property.
D.
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
required to be provided in a notice pursuant to this section following
the filing of the summons and complaint, the creditor shall provide
a notice to the applicable Municipal Clerk containing the updated
name, address, or telephone number within 10 days of the change in
that information.
[Amended 5-1-2023 by Ord. No. 7-2023]
For the purposes of this section, a residential property shall
not be considered vacant and abandoned if, on the property:
A.
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.
B.
The owner
or responsible party legally occupying for summer seasonal use beginning
on May 15 and ending September 15 is exempt from paying vacant property
registration fees. The owner or responsible party must register the
property, apartment or dwelling unit as a vacant property and is subject
to all other requirements of this chapter as defined herein.
C.
There is
a building that is secure but is the subject of a probate action to
quiet title or other ownership dispute.
A.
The initial fee for registering a vacant property shall be $500.
The initial registration fee shall be prorated at a rate of $41.66
per month or the initial registration fee divided by 12 multiplied
by the remaining number of months in the initial registration calendar
year. The fee for the first renewal is $1,000 and the fee for the
second renewal is $2,000. The fee for any subsequent renewal beyond
the second renewal is $3,000.
C.
Creditors shall be assessed registration fees at $500 annually where a summons and complaint in an action to foreclose was filed by the creditor; and an additional fee per property of $2,000 per year if the property is vacant or abandoned pursuant to the definition of this chapter when the summons and complaint in the action to foreclose is filed or becomes vacant and abandoned pursuant to the definition set forth in this chapter at any time thereafter while the property is in foreclosure. The due date shall be consistent with the time frame set forth in § 205-6.1 but not later than 10 days after any change in circumstances as set forth herein.
[Added 5-1-2023 by Ord. No. 7-2023]
A.
To assist in a broad strategy designed to stabilize and vitalize
the City's neighborhoods and to attract home buyers and businesses,
no less than 75% of any money collected of the annual fees and liens
shall be set aside in an account to be utilized by the municipality
for municipal code enforcement, housing, community and economic development
purposes.
B.
The funds in the account may be used:
(1)
To abate problem and or nuisance properties that have become neglected,
deteriorated, and has become a blighted property in need of demolition;
and
(2)
For facade and landscaping projects that complement neighborhood
aesthetics and facilitate adjoining property owners' ability to regain
some of the lost equity that downturns in housing values have stripped
from them and increase housing values; and
(3)
To support the administration and management of the municipality's
efforts to monitor, administer, and manage vacant and abandoned properties
in the City; and
(4)
To support the City's activities and allow greater flexibility with
future code enforcement, housing, community and economic development
initiatives.
The Code Enforcement Officer may issue rules and regulations
for the administration of the provisions of this chapter.
A.
Properties subject to the requirements of this article must be maintained
in accordance with all applicable federal, state and local laws, rules
and regulations. The mortgagor, mortgagee, trustee, owner, agent,
real estate agency, property manager and/or other interested parties
must inspect the property twice a month for the duration of the vacancy.
B.
Properties subject to this article shall be, in comparison to the
neighborhood standard, kept free of weeds; dry bush; dead vegetation;
trash; junk; debris; building materials; unregistered vehicles; internal
combustion engine vehicles; any accumulation of newspapers, circulars,
flyers, notices, except those required by federal, state or local
law; discarded personal items, including but not limited to, furniture,
clothing, and large and small appliances; printed material; or any
other items that give the appearance that the property is vacant.
C.
The property shall be maintained free of graffiti, tagging or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior of the structure.
D.
Front, rear and side yards shall be landscaped and maintained to
the neighborhood standard at the time registration was required.
E.
"Landscape" includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark
or artificial turf/sod designed especially for residential or commercial
installation.
F.
"Maintenance" includes, but is not limited to the removal or repair
of, gravel, broken concrete, asphalt, decomposed granite, plastic
sheeting, mulch, indoor-outdoor carpet or any similar material; in
addition to regular watering, irrigation, cutting, pruning and mowing
of required landscape and removal of all trimmings.
G.
Pools and spas shall be kept in working order so that the water remains
clear and free of pollutants and debris or drained and kept dry. In
either case, properties with pools and/or spas must comply with the
minimum security fencing requirements of the City.
H.
Insurance certificates. The owner of any vacant property shall acquire
or otherwise maintain liability insurance, in an amount of not less
than $300,000, for buildings designated primarily for use as residential
units and not less than $1,000,000 for any other building, including,
but not limited to, buildings designated for manufacturing, industrial,
storage or commercial uses, covering any damage to any person or any
property caused by any physical condition of or in the building. Any
insurance policy acquired or renewed after the building has become
vacant shall provide for written notice to the Code Enforcement Department
within 30 days of any lapse, cancellation or change in coverage. The
owner shall attach evidence of the insurance to the owner's registration
statement. Any registration form submitted that does not include such
evidence shall not be deemed to be a valid registration.
I.
Adherence to this section does not relieve the mortgagor, mortgagee,
real estate agency, trustee, owner, agent, property manager or interested
parties of any obligations set forth in any the laws of the State
of New Jersey, any applicable regulations of any state agency having
jurisdiction, the Code of the City of Pleasantville, covenants, conditions
and restrictions set forth in any deed, and/or homeowners' association
rules and regulations which may apply to the property.
A.
Properties subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
"Secure manner" includes but is not limited to the closure and locking
of windows, doors (walkthrough, sliding and garage) gates and any
other opening of such size that it may allow a child to access the
interior of the property and or structure(s). In the case of broken
windows, "securing" means the re-glazing or boarding of the window.
C.
If the property is owned by a corporation and/or out-of-area mortgagor,
mortgagee, trustee or owner, a local property management company or
individual shall be contracted to perform biweekly inspections to
verify that the requirements of this section, and any other applicable
laws, are being met.
D.
The property shall be posted with the name and a twenty-four-hour
contact phone number of the local property management company or interested
party. The posting shall be 8.5 inches by 11 inches and shall contain
along with the name and twenty-four-hour contact number the words
"THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL."
The posting shall be placed on the interior of a window facing the
street to the front of the property so it is visible from the street,
or secured to the exterior of the building/structure facing the street
to the front of the property so it is visible from the street, or
if no such area exists, on a stake of sufficient size to support the
posting in a location that is visible from the street to the front
of the property but not readily accessible to vandals. Exterior postings
must be constructed of and printed with weather-resistant materials.
The local property management company or responsible party shall inspect
the property on a biweekly basis to determine if the property is in
compliance with the requirements of this chapter.
In addition to the enforcement remedies established in Chapter 207 of the City Code, the Code Enforcement Officer or his or her designee shall have the authority to require any mortgagor, mortgagee, trustee, owner and/or owner of record of any property affected by this article, to implement additional maintenance and/or security measures including but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest the decline of the property.
A.
In accordance with the provisions of N.J.S.A. 40:49-5.1, the New
Jersey State Housing Code, N.J.A.C. 5:10 (2013), as approved by the
Department of Community Affairs, is adopted as a standard governing
supplied utilities and facilities and other physical things and conditions
essential to making dwellings safe, sanitary and fit for human habitation,
occupancy or use, and governing the condition of dwellings.
B.
In accordance with the provisions of Chapter 207, the Property Maintenance Code of the City of Pleasantville is adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use, and governing the condition of dwellings.
At any time after filing a registration form or renewal of registration
form, the owner of any vacant property shall provide access to the
enforcement authority to conduct exterior and interior inspections
of the building to determine compliance with municipal codes, on reasonable
notice to the property owner or interested party and to issue summonses
for any violations.
A.
The Construction Code Official in the Code Enforcement Department,
in addition to all other City officials empowered by the City Code
or general law to take enforcement action or issue summons for violations
of state statutes and/or the provisions of the City Code are hereby
authorized to enforce this chapter and issue summons for violations
of any section of this chapter.
B.
Any mortgagor, mortgagee, trustee, owner and/or owner of record who
fails to register a vacant property under the provisions of this chapter
shall further be deemed to consent to receive, by posting at the building,
any and all notices of code violations and all processes in an administrative
proceeding brought to enforce code provisions concerning the property.
C.
If the
owner of a commercial property vacates or abandons any property on
which a foreclosure proceeding has been initiated or if a commercial
property becomes vacant at any point subsequent to the creditor's
filing the summons and complaint in an action to foreclose on a mortgage
against the subject property, but prior to the vesting of the title
in the creditor or any 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 local public officer, Municipal Clerk, or other
authorized municipal 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 or specification as may be required by state
law or municipal ordinance. The municipality shall include a description
of the conditions that give rise to the violation with the notice
of violation and shall provide a period of not less than 30 days from
the creditor's receipt of the notice for the creditor to remedy the
violation. If the creditor fails to remedy the violation within that
time period, the municipality may impose penalties allowed for the
violation of municipal ordinances.
[Added 5-1-2023 by Ord. No. 7-2023]
D.
If the municipality expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to § 205-6.2, the applicable portions of the chapter, but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to those provided under N.J.S.A. 55:19-100.
[Added 5-1-2023 by Ord. No. 7-2023]
A.
Violations of this chapter shall be treated as a strict liability
offense, regardless of intent. Any person, firm and/or corporation
that violate any portion of this chapter shall be subject to prosecution,
administrative enforcement and or placement of the property on the
City of Pleasantville abandoned properties list. Any person who shall
violate any of the provisions of this article shall, upon conviction,
be punished by a fine not less than $300 and not more than $1,000
for each offense or be subject to imprisonment in the county jail
for a period of 90 days or by a period of community service not exceeding
90 days. Every day that a violation continues shall constitute a separate
and distinct offense. Fines assessed under this chapter shall be recoverable
from the owner and shall be a lien on the property.
B.
Nothing contained herein shall prevent the Department of Public Works, in a case of an unregistered or delinquent registered vacant property, from cleaning up the property on an as-needed basis and imposing a lien against the property for associated costs as set forth in Subsection C.
C.
Any fine(s) or cost(s) associated with cleaning up the property that remains uncollected or unpaid shall, by resolution of the City Council, become a lien upon the property, which lien shall hereafter form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes to be collected and enforced by the same officers and in the same manner as taxes in accordance with the provisions of N.J.S.A. 40:48-2.14 and Chapter 261, Taxation, of the Code of the City of Pleasantville.
D.
A creditor subject to an ordinance adopted pursuant to this chapter found by the municipal court of the municipality in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by § 205-17E, 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. No less than 20% of any money collected pursuant shall be utilized by the municipality for municipal code enforcement purposes.
[Added 5-1-2023 by Ord. No. 7-2023]
E.
An out-of-state
creditor found by the Municipal Court to be in violation of the requirements
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,
which shall commence on the day after the ten-day period of the period
set forth in N.J.S.A. 40:48-2.12s2.
[Added 5-1-2023 by Ord. No. 7-2023]
This article shall be known as and may be cited as "Abandoned
Property List; Maintenance and Compliance Monitoring."
A.
It is the intent of this article to, through the adoption of this
article, establish an abandoned property list and management system
with the purpose of identifying and monitoring residential and commercial
properties within the municipality for which a summons and complaint
in an action to foreclose on a mortgage has been filed, and authorize
new changes to existing policies and procedures for the inventory,
identification, maintenance and compliance monitoring of abandoned
properties as a mechanism to protect and preserve the public health,
safety, welfare, security, neighborhood vitality, economic vitality
and quiet enjoyment of residents by:
[Amended 5-1-2023 by Ord. No. 7-2023]
(1)
Managing the process of returning abandoned improved and unimproved
properties as viable assets in the City by regulating the care, maintenance,
security and upkeep of residential and commercial properties for which
a summons and complaint in an action to foreclose has been filed;
(2)
Prevent unsecured unsafe structures in neighborhoods and neighborhood
blight;
(3)
Impose property registration fees on the creditor of residential
or commercial properties on an annual or semiannual basis.
B.
In addition to any other remedies in law or equity not set forth
herein, enforcement authority shall be vested in the Code Enforcement
Department and their respective inspectors, including, but not limited,
to the Construction Department and Atlantic County Health Department,
Police Department, Fire Department and Department of Public Works,
which shall also have enforcement authority with respect to this chapter.
The Mayor, with the advice and consent of Council, may also designate,
when necessary, additional enforcement duties for other City departments
to protect neighborhoods from becoming blighted through the lack of
adequate maintenance and security of abandoned properties.
The Public Officer as designated herein is hereby directed to
identify abandoned properties within the municipality, place said
properties in an abandoned property list as provided in Section 36
of P.L. 1996, c. 62 (N.J.S.A. 55:19-55 et seq.), as amended by Section
28 of P.L. 2003, c. 210, and provide such notices and carry out such
other tasks as are required to effectuate an abandoned property list
as provided by law.
The abandoned property list shall apply to the entire City of
Pleasantville.
The Construction Official/Zoning Officer and the City Administrator
in the City of Pleasantville are hereby designated as the Public Officer
for the purpose of carrying out the responsibilities established by
this chapter, and shall have all the responsibilities and powers provided
by law.
The Public Officer as designated herein shall exercise the authority
granted the municipality pursuant to Section 13 of P.L. 2003, c. 210,
to designate qualified rehabilitation entities to act as a designee
of the municipality with respect to provisions of that section.
The Public Officer shall provide a report to the governing body
every six months, with respect to the number and location of properties
on the abandoned property list, the status of those properties, and
any actions taken by the City or by any qualified rehabilitation entity
designated pursuant to the authority granted the Public Officer with
respect to any property on the list or any other abandoned property
within the City of Pleasantville.
Properties subject to this article shall be maintained in accordance with the requirements of § 205-12 set forth above.
A.
The Public Officer shall identify all properties within the municipality
which are deemed abandoned pursuant to N.J.S.A. 55:19-78 et seq.
B.
Each item of abandoned property shall be identified by tax block
and lot number, the name of the owner of record (if known), and the
street address of the lot.
C.
Upon identification of abandoned property, the Public Officer shall
create and maintain a list of such property to be called the "abandoned
property list." Properties may be added to the list at any time or
deleted from the list at any time the Public Officer finds that the
property no longer meets the definition of an abandoned property.
An interested party may request that a property be included on the
abandoned property list following the procedure set forth in N.J.S.A.
55:19-105.
D.
An abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of the rehabilitation
work authorized by those permits. A property on which an entity other
than the municipality has purchased or taken assignment from the municipality
of a tax sale certificate, which has been placed on the abandoned
property list, may be removed from the list in accordance with the
provisions of N.J.S.A. 55:19-103.
E.
The Public Officer, within 10 days of the establishment of the abandoned
property list, or any additions thereto, shall send a notice, by certified
mail, return receipt requested, and by regular mail, to the owner
of record of every property included on the list and shall cause the
list to be published in the official newspaper of the municipality,
which publication shall constitute public notice. The published and
mailed notices shall identify the property determined to be abandoned,
setting forth the owner of record (if known), the tax lot and block
number, and street address. The Public Officer, in consultation with
the Tax Collector, shall also send out a notice by regular mail to
any mortgagee, servicing organization, or property tax processing
organization that receives a duplicate copy of the tax bill pursuant
to Subsection d of N.J.S.A. 54:4-64. When the owner of record is not
known for a particular property and cannot be ascertained by the exercise
of reasonable diligence by the Tax Collector, notice shall not be
mailed but instead shall be posted on the property in the manner provided
in N.J.S.A. 40:48-2.7. The mailed notice shall indicate the factual
basis for the Public Officer's finding that the property is abandoned
property as that term is defined in N.J.S.A. 55:19-81, and the rules
and regulations promulgated thereunder, specifying the information
relied upon in making such finding. In all cases, a copy of the mailed
or posted notice shall also be filed by the Public Officer in the
office of the Atlantic County Clerk. This filing shall have the same
force and effect as a notice of lis pendens under N.J.S.A. 2A:15-6.
F.
The Public Officer shall seek reimbursement for the postage costs
and search fees associated with providing notice from the authority
(as defined in N.J.S.A. 40:48-2.4), or its subsidiaries, in accordance
with procedures and rules promulgated by the Department of Community
Affairs.
The City of Pleasantville, through its appropriate officials,
including, but not limited to, the Public Officer, shall have all
powers afforded to the municipality, and its agents, servants and
employees, under the Abandoned Properties Rehabilitation Act, N.J.S.A.
55:19-78, including, but not limited, the power to transfer possession
and control of an abandoned property in need of rehabilitation to
a municipality, pursuant to N.J.S.A. 55:19-84, subject, nevertheless,
to the procedural requirements for same set forth in said Act; the
power to enter, secure, stabilize, repair or inspect the property
under N.J.S.A. 55:19-86; the power to exercise its rights to further
rehabilitation and reuse the property under N.J.S.A. 55:19-90 et seq.;
the power to impose liens upon, undertake improvements to, and borrow
funds to facilitate powers delegated to municipalities under said
Act, in accordance with said Act; and all such powers and authority
delegated to municipalities under said Act, as well as those set forth
at N.J.S.A. 40:48-2.3 et seq., all of which statutes are incorporated
herein and made a part hereof by reference.
[Added 5-1-2023 by Ord. No. 7-2023]
A municipality may contract with and set the compensation of a private entity, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., to assist the municipality in the implementation and administration of the property registration program established pursuant to § 205-6 of this chapter. A local unit may delegate to such private entity any duties under the property registration program, including, without limitation, identifying properties located within the municipality that are subject to the registration requirements of the property registration program, maintaining and updating the property registrations for the municipality, communicating with the creditors or the in-state representative or agent appointed by creditors located out of state of such properties, invoicing and collecting payment from the creditors for such properties any fees authorized by this chapter and Subsection e of N.J.S.A. 40:48-2.12s3, and monitoring compliance with the requirements of this chapter. A local unit may conduct property registration services on behalf of a municipality pursuant to a shared services agreement subject to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq. Property registration fees imposed pursuant to § 205-8 et seq. shall be considered a municipal charge pursuant to the Tax Sale Law, N.J.S.A. 54:5-1 et seq., regardless of whether the fees are being collected by a third-party entity or by the municipality directly. The Local Finance Board of the Department of Community Affairs may adopt rules and regulations pertaining to contracts entered pursuant to this section with third-party entities for the implementation and administration of a property registration program.
The remaining provisions of the City Code shall continue in
full force and effect to the same extent as if herein fully repeated.
