[HISTORY: Adopted by the City Council of the City of Englewood
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-26-2013 by Ord. No. 13-02]
It is the purpose and intent of this article to establish a
process to mitigate the amount of deteriorating property located within
the City of Englewood, which is in default and vacant, for which a
public notice of default has been filed regardless of occupancy, is
in foreclosure, or where ownership has been transferred to lender
or mortgagee by any legal method. It is further intended to establish
a registration program as a mechanism to protect neighborhoods from
becoming blighted through the lack of adequate maintenance of abandoned
and vacated properties subject to a mortgage or properties subject
to mortgages that are in default.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning. Where the context will permit
and no definitions are provided herein, the definitions provided in
the State of New Jersey Building Code shall apply.
Any real property that is vacant and/or is under a current
notice of default, notice of mortgagee's sale, pending tax assessor's
lien sale and/or properties that have been the subject of a foreclosure
sale where title is retained by the beneficiary of a mortgage involved
in the foreclosure, and any properties transferred under a deed-in-lieu
of foreclosure sale, a short sale or any other legal means.
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.
Mortgagee declares said mortgage to be in default either
in writing, by recording a lis pendens, or by its actions, or commences
foreclosure proceedings.
Any full-time law enforcement officer, Building Official,
Fire Inspector or Code Enforcement Officer employed by, contracted
for, or servicing the City of Englewood.
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 may include, but not be limited to, overgrown
and/or dead vegetation; electricity, water or other utilities turned
off; stagnant swimming pool; and statements by neighbors, passers-by,
delivery agents or government agents, among other evidence.
The judicial process by which a property, placed as security
for a mortgage loan, after a judicial process, is to be sold at an
auction to satisfy a debt upon which the borrower has defaulted.
An individual property manager, property management company,
property maintenance company or similar entity located within Bergen
County, designated by the owner or mortgagee which is responsible
for the maintenance of abandoned real property.
Canals, all waterways, lands and improvements owned by any
governmental body or any governmental agency including but not limited
to easements and rights-of-way, but excluding the campus of any institution
of the state university system.
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.
Any building or structure that is not lawfully occupied or
inhabited by human beings.
This article relates to abandoned and vacant property and to
property subject to a mortgage that has been determined by the mortgagee
to be in default. This article shall be considered cumulative and
is not superseding or subject to any other law or provision for same,
but shall rather be an additional remedy available to the City above
and beyond any other state, county and/or local provisions for same.
This article shall apply retroactively with an effective date of January
1, 2012.
A.
Any mortgagee who holds a mortgage on real property located within
the City of Englewood shall perform an inspection of the property
that is the security for the mortgage, upon default by the mortgagor,
or issuance of a notice of default. If the property is found to be
vacant or shows evidence of vacancy, it shall be deemed abandoned
and the mortgagee shall, within 10 days of the inspection, register
the property with the Code Compliance Official, designee, or other
authorized representative, on forms provided by the City of Englewood.
A registration is required for each vacant property.
B.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until the mortgagor or other
party remedies the default, or it is found to be vacant or shows evidence
of vacancy at which time it is deemed abandoned, and the mortgagee
shall, within 10 days of that inspection, register the property with
the Code Compliance Official, his/her designee, or City-authorized
representative, electronically via the City or other designated website
or on forms provided by the City of Englewood.
C.
Within 10 days of the date the mortgagee declares its mortgage to
be in default through public notice or recordation, the mortgagee
shall register the real property with the City or its designee and,
at the time of registration, shall designate in writing a local property
manager to inspect, maintain and secure the real property subject
to the mortgage in default.
D.
Registration. Registration pursuant to this section shall contain
at a minimum the name of the mortgagee and servicer along with the
corresponding mailing addresses of both mortgagee/servicer, e-mail
addresses, and telephone numbers and name of the local property manager
and said person's address, e-mail address, and telephone number.
The local property manager shall be responsible to inspect, secure
and maintain the property. The property manager named in the registration
shall be located within Bergen County and available to be contacted
Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays and
lunch hours excepted. If the subject of the registration is investor
or bank owned, the registration shall contain at the minimum the name
of the owner, the mailing address of the owner, e-mail address, and
telephone number, asset manager along with the property manager.
E.
An annual registration fee to be determined by resolution or administrative
order, per property, shall accompany the registration or a modification
of registration. There is no fee for modifying contact information
if the organizational information remains the same and within one
year of the last registration payment. The City of Englewood may assign
and delegate the collection of such fee to an independent contractor,
as noted on the registration form.
F.
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to a beneficiary
of a mortgage involved in the foreclosure and any properties transferred
to the mortgagee under a deed in lieu of foreclosure/sale.
G.
Any person or other legal entity that has registered a property under
this article must report any change of information contained in the
registration within 10 days of the change.
H.
Properties subject to this section shall remain under the annual
registration requirement, inspection, security, and maintenance standards
of this section as long as they remain vacant or subject to having
been declared by a mortgagee to be in default.
I.
Failure of the mortgagee and/or property owner of record to properly
register or to revise from time to time the registration to reflect
a change of circumstances as required by this article is a violation
of the codes of the City of Englewood and may result in a citation
by the Code Compliance Division. Pursuant to a finding and determination
by the Code Official that any property is in violation of City ordinances,
the City of Englewood may take the necessary action to ensure compliance
with its ordinances and place a lien/s on the property for the cost
of the work performed to benefit the property and to bring it into
compliance, which lien may be assigned to either the entity that performs
the work or arranges to have the work performed.
J.
At such time that the property becomes abandoned the mortgagee shall
submit a No Trespass Affidavit with the Code Official and/or assignee.
A.
Properties subject to this article shall be kept free of weeds, overgrown
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, or any other items that give the appearance that the property
is abandoned or not being properly maintained. Weeds, overgrown brush
or dead vegetation over the height limitations imposed by the City
of Englewood's codes are prohibited.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure. Yards shall be landscaped and
maintained pursuant to the standards set forth in the Code. Landscaping
shall include, but not be limited to, grass, ground cover, bushes,
shrubs, hedges or similar plantings, decorative rock or bark or artificial
turf/sod designed specifically for residential, commercial or industrial
installation, as applicable. Landscaping shall not include weeds,
gravel, broken concrete, asphalt or similar material.
C.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required landscape and removal of all trimmings
and weeds.
D.
Pools and spas shall be kept in working order so that pool and spa
water remains free and clear of pollutants and debris. Pools and spas
shall comply with the enclosure requirements of the City of Englewood
Codes and the State of New Jersey Building Code.
E.
Failure of the mortgagee and/or property owner of record to properly
maintain the property is a violation of the code of ordinances of
the City of Englewood and may result in the issuance of a citation
by the Code Compliance Division. Pursuant to a finding and determination
by the Code Official may take the necessary action to ensure compliance
with its ordinances and place a lien/s on the property and assign
it as provided herein.
A.
Properties subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child or adult to access the interior of the property
and/or structure. Broken windows shall be secured by reglazing or
boarding.
C.
If a mortgage on the property is in default on the property and has
become vacant or abandoned, a local property manager shall be designated
by the mortgagee to perform the work necessary to bring the property
into compliance with the code of ordinances and the local property
manager must perform weekly inspections to verify compliance with
the requirements of this section, and any other applicable laws or
ordinances of the City of Englewood.
D.
When the property becomes vacant or abandoned, it shall be posted
with the name and twenty-four-hour contact telephone number of the
local property manager. 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. The posting shall contain the following language: "THIS
PROPERTY IS MANAGED BY (Name of Local Property Manager). TO REPORT
PROBLEMS OR CONCERNS CALL (Telephone number of Local Property Manager)."
E.
The posting shall be placed on the interior of a window facing the
street to the front of the property so that 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 that 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 at all times visual from
the street to the front of the property but not readily accessible
to vandals. Exterior posting shall be constructed of and printed with
weather-resistant materials.
F.
The local property manager shall inspect the property on a biweekly
basis to ensure that the property is in compliance with this section.
Upon the request of the City of Englewood, or its authorized representative,
the local property manager shall provide a copy of the inspection
reports to the Code Compliance Division.
G.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure the property, and post and maintain the signage
noted in this section, is a violation of this article and shall result
in the issuance of a notice of violation by a code compliance officer.
Pursuant to a finding and determination by the City of Englewood or
its designee, may take the necessary action to ensure compliance with
this section, and place a lien/s on the property and assign it as
provided herein.
The Code Compliance Official, designee, or other authorized
representative shall have authority to require the mortgagee and/or
owner of record of any property affected by this section, to implement
additional maintenance and/or security measures including, but not
limited to, securing any and all door, window or other openings, employment
of an on-site security guard, or other measures as may be reasonably
required to help prevent further decline of the property.
Nothing contained in this article shall prohibit City of Englewood
from enforcing its codes by any other means, including, but not limited
to, injunction, abatement or as otherwise provided by code.
