[HISTORY: Adopted by the Township Committee of the Township of Barnegat 7-20-15 as Ord. No. 2015-08. Amendments noted where applicable.]
[Added 7-20-15 by Ord. No. 2015-08]
The Township of Barnegat regulates the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential properties on which a summons and complaint in an action to foreclose has been filed, pursuant to N.J.S.A. 40:48-2.12s et seq.
A. 
Any out-of-state creditor that has served a summons and complaint in an action to foreclose on a residential property, that subsequently becomes vacant, shall designate an in-state representative who shall be responsible for the care, maintenance, and upkeep of the vacant property. The out-of-state creditor shall inform the municipal clerk of the in-state representative responsible for maintenance of the property. Failure of creditors to comply with this requirement shall result in a fine of $2500.00, pursuant to N.J.S.A. 40:48-2.12s et seq.
B. 
Creditors that have served a summons and complaint in an action to foreclose on a mortgage on a residential property in Barnegat Township, shall within ten (10) days of serving the summons and complaint, notify the municipal clerk. 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. The notice shall be transmitted by mail, pursuant to N.J.S.A. 46:10B-51 et seq.
C. 
If the owner of a residential property vacates or abandons a property on which a foreclosure proceeding has been initiated or if a residential property becomes vacant at any point subsequent to the creditors filing the summons and complaint in an action to foreclose a mortgage against the property, but prior to vesting of title in the creditor or any other third party, and the property is found to be a nuisance or in violation of any applicable state or local code, the municipal clerk or its designee shall notify the creditor, 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 local ordinance. Creditors liable for code violations shall be subject to a fine of $1500.00 for each day of violation after creditor has received notice of the violation from the municipality pursuant to N.J.S.A. 40:48-2.12s. If the Township of Barnegat expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to this ordinance but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have against the title owner of the property, pursuant to N.J.S.A. 46:10B-51 et seq. The Township will execute the requirements of this section in conformity with Barnegat Municipal Code Chapter 36.