[HISTORY: Adopted by the Mayor and Council as indicated in
article histories. Amendments noted where applicable.]
[Adopted 6-9-2009 by Ord. No. 1749]
For the purpose of this article, certain words and phrases used
in this article are defined as follows:
A property that is vacant and/or is under a current notice
of default and/or notice of trustee's sale, pending Tax Assessor's
lien and/or properties that have become subject of a foreclosure where
the title was retained by the beneficiary of a deed of trust involved
in the foreclosure and/or properties transferred under a deed in lieu
of foreclosure or sale and/or any owner of record or beneficiary or
trustee or mortgagee who holds a deed, deed of trust or mortgage on
a property owner, trustee or corporation of record.
[Amended 2-10-2015 by Ord. No. 1869; 12-18-2018 by Ord. No. 1953]
A property that is accessible through 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 property shall be transferred or conveyed from one owner to another
owner after the sale, trade, transfer or exchange.
[Amended 2-10-2015 by Ord. No. 1869]
An instrument that transfers the beneficial interest under
a deed of trust from one lender/entity to another.
Any improved real property, or portion thereof, situated
in the Borough, designated or permitted to be used for occupancy or
for dwelling purposes, and shall include buildings and structures
located on such improved real property. This includes any real property
being offered for sale, trade, transfer, or exchange whether or not
it is legally permitted and/or zoned for such use.
[Amended 2-10-2015 by Ord. No. 1869]
Any person, co-partnership, 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.
Any building/structure that meets the Building Official's
definitions of condemnation.
An instrument by which title to real estate is transferred
to a third-party trustee as security for a real estate loan. This
definition applies to any and all subsequent deeds of trust. i.e.,
second trust deed, third trust deed, etc., and includes mortgagees.
A recorded document that transfers ownership of a property
from the trustor to the holder of a deed of trust upon consent of
the beneficiary of the deed of trust.
Consecutive calendar days.
The failure to fulfill a contractual obligation, monetary
or conditional.
A property that is under a current notice of default and/or
notice of trustee's sale and/or pending Tax Assessor's lien sale or
has been foreclosed upon by the trustee or has been conveyed to the
beneficiary/trustee via deed in lieu of foreclosure/sale.
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 include, but are not limited to, 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, passersby, delivery agents, government employees that
the property is vacant.
The process by which a property, placed as security for a
real estate loan, is sold at auction to satisfy the debt if the trustor
(borrower) defaults.
Within 40 road/driving miles' distance of the subject property.
A recorded document which imposes a lien on real estate as
security for a real estate loan.
A borrower under a mortgage who has assigned a lien against
the property to the mortgagee as security for the payment of a debt.
The person, firm or corporation holding a mortgage on a property.
Those conditions that are present on a simple majority of
properties within a three-hundred-foot radius of an individual property.
A property that is the subject of a neighborhood standard comparison,
or any other abandoned property within the three-hundred-foot radius,
shall not be counted toward the simple majority.
A recorded notice that a default has occurred under a deed
of trust and that the beneficiary intends to proceed with a trustee's
sale.
In excess of 40 road/driving miles' distance of the subject
property.
Any person, co-partnership, association, corporation, or
fiduciary having a legal or equitable title or any interest in any
real property.
The person having a recorded title to the property at any
given point in time the record is provided by the Middlesex Borough
Tax Assessor's Office.
Any unimproved or improved real property, or portion thereof,
situated in the Borough and includes the buildings or structures located
on the property regardless of condition.
Such measures as may be directed by the Construction Official
or his or her designee that assist in rendering the property inaccessible
to unauthorized persons, including but not limited to the repairing
of fences and walls, chaining/padlocking of gates, the repair or boarding
of door, window and/or 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.
A building/structure that is not legally occupied.
[Amended 12-18-2018 by Ord. No. 1953]
The owner of record or beneficiary or trustee or mortgagee shall
record, with the Zoning Official's office, a list of the name
of the corporation, and/or individual, the mailing address and contact
phone number of the owner of record or beneficiary or trustee or mortgagee
for receiving payments associated with the loan, deed or deed of trust.
A.
Any owner of record or beneficiary or trustee or mortgagee who holds
a deed, deed of trust or mortgage on a property located within the
Borough of Middlesex shall perform an inspection of the property that
is the security for the deed or deed of trust or mortgage, upon default
by the trustor or mortgager, prior to recording a notice of default.
If the property is found to be vacant or shows evidence of vacancy,
it is, by this article, deemed abandoned, and the owner of record
or beneficiary or trustee or mortgagee shall, within 10 days of the
inspection, register the property with the Zoning Officer, or his
or her designee, on forms provided by the Borough. If the property
is occupied but remains in default, it shall be inspected by the owner
of record or beneficiary or trustee or mortgagee, monthly until: 1)
the owner, trustor or mortgagor or other party remedies the default;
or 2) it is found to be vacant or show evidence of vacancy, at which
time it is deemed abandoned, and the owner of record or beneficiary
or trustee or mortgagee shall, within 10 days of that inspection,
register the property with the Zoning Officer, or his designee, on
forms provided by the Borough. Registration of $500 shall be paid
at the time of initial registration for residential properties. A
registration fee of $1,000 shall be paid at the time of initial registration
of all other properties. The fee shall be $1,500 for the first renewal
registration for residential properties; $3,000 for the second renewal
for residential properties; and $5,000 for the third or subsequent
renewal of residential properties. The fee shall be $3,000 for the
first renewal registration for all other properties; $6,000 for the
second renewal of all other properties; and $10,000 for the third
or subsequent renewal of all other properties.
[Amended 2-10-2015 by Ord. No.
1869; 12-18-2018 by Ord. No. 1953]
B.
In either case, the registration shall contain the name of the owner
of record (corporation or individual) or beneficiary or trustee or
mortgagee and the direct street or office mailing address of the owner
of record or beneficiary or trustee or mortgagee (no Post Office boxes),
a direct contact name and phone number for the owner of record or
beneficiary or trustee or mortgagee and, in the case of corporation
or out-of-area owner of record or beneficiary or trustee or mortgagee,
the local property management company responsible for the security,
maintenance and marketing of the property.
[Amended 12-18-2018 by Ord. No.
1953]
C.
An annual registration fee shall accompany the registration form.
The fee and registration shall be valid for one year from the date
the form and fees are submitted. Registration fees will not be prorated.
[Amended 12-18-2018 by Ord. No.
1953]
D.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to an owner
or corporation or the beneficiary of a deed or deed of trust or mortgagee
involved in the foreclosure and any properties transferred under a
deed in lieu of foreclosure or sale.
[Amended 12-18-2018 by Ord. No.
1953]
E.
Properties subject to this article shall remain under the annual
registration requirement, security and maintenance standards of this
section as long as they remain vacant.
F.
Any person, firm or corporation that has registered a property under
this article must report any change of information contained in the
registration within 10 days of the change.
A.
Properties subject to this section shall be, in comparison to the
neighborhood standard, kept free of weeds, dry brush, dead vegetation,
trash, junk, debris, building materials, 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, large and small appliances, printed material
or any other items that give the appearance that the property is abandoned.
B.
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.
C.
Visible front and side yards shall be landscaped and maintained to
the neighborhood standard at the time registration was required.
D.
Landscape requires, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark
or artificial turf/sod designed specifically for residential installation.
E.
Landscape does not include weeds, gravel, broken concrete, asphalt,
decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet
or any similar material.
F.
Maintenance includes but is not limited 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 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 State of New Jersey and
the Borough of Middlesex and must be covered when not in use.
H.
Adherence to this section does not relieve the owner of record (corporation
or individual) or beneficiary or trustee or mortgagee of any obligations
set forth in any covenants, conditions and restrictions and/or homeowners'
association rules and regulations which may apply to the property.
[Amended 12-18-2018 by Ord. No.
1953]
A.
Properties subject to this section 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 (walk-through, 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 reglazing or boarding of the window.
C.
If the property is owned by a corporation and/or out-of-area owner
or beneficiary or trustee or mortgagee, a local property management
company shall be contracted to perform weekly inspections to verify
that the requirements of this section, and any other applicable laws,
are being met.
[Amended 12-18-2018 by Ord. No.
1953]
D.
The property shall be posted with the name and twenty-four-hour contact
phone number of the local property management company. The posting
shall be no less than 18 inches by 24 inches and shall be of a font
that is legible from a distance of 45 feet 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 posting must
be constructed of and printed with weather-resistant materials.
E.
The local property management company shall inspect the property
on a weekly basis to determine if the property is in compliance with
the requirements of this article.
[Amended 12-18-2018 by Ord. No.
1953]
In addition to the enforcement remedies, the Zoning Officer
or his or her designee shall have the authority to require the owner
of record or beneficiary or trustee or mortgagee of any property affected
by this section to implement additional maintenance and/or security
measures, including but not limited to securing any or all door, window
or other openings, installing additional security lighting, increasing
on-site inspection frequency, employment of an on-site guard or other
measures as may be reasonably required to arrest the decline of the
property.
[Amended 10-14-2014 by Ord. No. 1862; 2-10-2015 by Ord. No. 1869]
The fee for registering an abandoned property shall be set by
resolution of the Middlesex Borough Council.
[Amended 12-18-2018 by Ord. No.
1953]
Violations of this article may be enforced in any combination
by the Zoning Officer.
Any person aggrieved by any of the requirements of this article
may appeal to the governing body, such appeal to be filed within 10
days after notification has been given to the aggrieved person.
[Amended 2-10-2015 by Ord. No. 1869]
Violations of this article shall be treated as a strict liability
offense regardless of intent. Any person, firm and/or corporation
that violates any portion of this article shall be subject to prosecution
and/or administrative enforcement and shall be subject to a penalty
of not less than $250 nor more than $1,000 for each and every violation
of this article. For purposes of this article, each calendar day
that a building remains vacant and has not been registered as required
under this article shall constitute a separate violation of this article.
Should any provision, section, paragraph, sentence or word of
this article be determined or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences
or words of this article shall remain in full force and effect.
This article shall take effect upon final passage and publication
according to law.
