The following terms as used herein shall have the following
meanings:
CREDITOR
A.
A state-chartered bank, savings and loan association or credit
union, any person or entity required to be licensed under the provisions
of the New Jersey Residential Mortgage Lending Act, P.L. 2009, c.
53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity subject to
the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Section 17,
as amended from time to time) and any entity acting on behalf of the
creditor named in the debt obligation, including, but not limited
to, services.
B.
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.
C.
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.
RESPONSIBLE PARTY
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property pursuant to
Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
STREET ADDRESS
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
VACANT AND ABANDONED PROPERTY
Any residential or commercial building which is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, and at which at least two of the
following conditions exist:
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 window panes 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.
Forty-five days after the Township notifies the responsible
party that the property is vacant and abandoned and until the property
is lawfully reoccupied, the responsible party for a vacant and abandoned
property shall:
A. Secure the property against unauthorized entry.
B. Post a sign affixed to the inside of the property and visible to
the public indicating the name, address, and telephone number of the
responsible party, any authorized agent designated by the responsible
party for the purpose of receiving service of process, and the person
responsible for maintaining the property if different from the responsible
party or authorized agent. The sign shall be of a size and placed
in such a location so as to be legible from the nearest public street
or sidewalk, whichever is nearer, but shall be no smaller than 15
inches by 17 inches.
C. Acquire and otherwise maintain liability insurance by procuring a
vacancy policy in an amount of not less than $300,000 for buildings
designed primarily for use as residential units and not less than
$1,000,000 for any other building, including, but not limited to,
buildings designed for manufacturing, industrial, storage or commercial
uses, covering any damage to any person or any property caused by
any physical condition of the property. The responsible party shall
attach evidence of the insurance to the responsible party's registration
statement, including the Township of Clark as an additional insured/certificate
holder. Any registration statement submitted that does not include
such evidence shall be deemed to not be a valid registration.
A responsible party that violates any provision of §
255-22 or §
255-23 of this article shall be liable for a penalty of not less than $500 and not more than $1,000. Each day that a violation continues shall constitute an additional, separate, and distinct offense. Any penalty imposed pursuant to this section shall be recoverable by a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The Superior Court, Law Division, Union County, or the Municipal Court of the Township, shall have jurisdiction to enforce such penalty.
This article shall not be construed to diminish any property
maintenance responsibilities of property owners who are not subject
to the provisions of this article.
The Township Construction Code Official is authorized to issue
a notice to the creditor filing the summons and complaint in an action
to foreclose if the Township Construction Code 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 creditor 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.
No less than 20% of any money collected pursuant to §
255-29A or
B hereof shall be utilized by the Township for Municipal Code enforcement purposes.
CREDITOR
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 section. For purposes
of this section, 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.
LOCAL UNIT
A municipality, a county, or a county improvement authority
or other subdivision of a municipality or county.