[Adopted 12-19-2013 by Ord. No. 16-2013; amended in its entirety 8-11-2022 by Ord. No. 7-2022]
It is the purpose and intent of the municipality to amend the
process to address the deterioration and blight of municipality neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the municipality, and to identify, regulate,
limit and reduce the number of abandoned properties located within
the municipality. It is the municipality's further intent to
participate in the county-wide registration program established by
the Atlantic County Improvement Authority as a mechanism to protect
neighborhoods from becoming blighted due to the lack of adequate maintenance
and security of abandoned and foreclosed properties.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any real property located in the municipality, whether vacant
or occupied, that has had a complaint filing, notice of default, lis
pendens filed against it by the Lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender or has been
transferred to the lender under a deed in lieu of foreclosure. The
designation of a property as "abandoned" shall remain in place until
such time as the property is sold or transferred to a new owner or
the foreclosure action has been dismissed.
A property that is accessible through a comprised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Include, but are not limited to, the municipality's
Zoning Code, the municipality's Code of Ordinances ("Municipality
Code"), and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Municipality
Code; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the Municipality and Zoning Codes.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the municipality to enforce the applicable
code(s).
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities
as assignee or owner.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the municipality above and beyond any
other state, county or local provisions for same.
Pursuant to the provisions of § 213-9, the municipality or designee shall participate in the County-wide registration program established by the Atlantic County Improvement Authority cataloging each abandoned property within the municipality, containing the information required by this article.
A.Â
Any mortgagee who holds a mortgage on real property located within
the municipality of City of Egg Harbor shall perform an inspection
of the property to determine vacancy or occupancy, upon default by
the mortgagor, as evidenced by a foreclosure filing. The mortgagee
shall, within 10 days of the inspection, register the property with
the Division of Code Enforcement, or designee, on forms or website
access provided by the municipality, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied. The registration
shall be valid for 12 months, and must be renewed every 12 months
as long as the property is abandoned.
B.Â
If the property is occupied but remains in foreclosure, it shall
be inspected by the mortgagee or his designee monthly until:
(1)Â
The mortgagor or other party remedies the foreclosure; or
(2)Â
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, update the property registration to a vacancy status
on forms provided by the municipality.
C.Â
The registration statement shall include the name, street address,
telephone number, facsimile number, and email address (if applicable)
of a person 21 years or older, designated by the owner or owners as
the authorized agent for receiving notices of code violations and
for receiving process in any court proceeding or administrative enforcement
of any applicable code; and the name, street address, telephone number,
facsimile number, and email address (if applicable) of the firm and
the actual name(s) of the firms individual principal(s) responsible
for maintaining the property. The individual or representative of
the firm responsible for maintaining the property shall be available
by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week
basis. The two entities may be the same or different persons. Both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey.
D.Â
Annual registration fees.
(2)Â
Any changes to the fee schedule or the penalties for violations to
register any applicable property may be made by ordinance amendment
of the Common Council of the City of Egg Harbor.
(3)Â
Each individual property on the Registry that has been registered
for six months or more prior to the effective date shall have 30 days
to renew the registration and pay the nonrefundable $500 annual registration
fee. Properties registered less than six months prior to the effective
date shall renew the registration upon expiration and every 12 months
thereafter and shall pay the nonrefundable $500 annual registration
fee.
E.Â
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third party registration fees are not allowed without
the consent of the municipality and/or its authorized designee.
F.Â
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 mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
G.Â
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
H.Â
Any mortgagee or legal entity that has registered a property under
this section must report any change of information contained in the
registration within 10 days of the change.
I.Â
Failure of the mortgagee to properly register or to modify the registration
form from time to time to reflect a change of circumstances as required
by this article is a violation of the article and shall be subject
to enforcement.
J.Â
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the municipality
may take the necessary action to ensure compliance with and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance.
A.Â
Properties subject to this chapter 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, printed material or any other items that give the appearance
that the property is abandoned.
B.Â
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.
C.Â
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.Â
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.Â
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.Â
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.Â
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with Chapter 213 of the municipality of the City of Egg Harbor's Code of Ordinances. Pursuant to a finding and determination by the municipality's Code Enforcement Officer/Board, Hearing Officer/Special Magistrate or a court of competent jurisdiction, the municipality may take the necessary action to ensure compliance with this section.
H.Â
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.Â
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.Â
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 to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.Â
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this article, and any other applicable laws.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the municipality.
Any mortgagee or entity who shall violate the provisions of this article may be cited and fined as provided in Chapter 213 of the municipality of the City of Egg Harbor Code of Ordinances. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the Municipality Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant Municipality Code section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within.
|
$500
|
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s) and the owner shall be responsible for meeting
with the municipality's Code Enforcement Division within 45 days
for a final courtesy inspection report.
A.Â
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the municipality's
Code Enforcement Board or Code Enforcement Special Magistrate as soon
as possible to address the conditions of the property.
B.Â
The Code Enforcement Board or Hearing Officer/Special Magistrate
shall have the 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 doors, windows or other openings, employment
of an onsite security guard or other measures as may be reasonably
required to help prevent further decline of the property.
C.Â
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Board or special magistrate may direct the municipality
to abate the violations and charge the mortgagee with the cost of
the abatement.
D.Â
If the mortgagee does not reimburse the municipality for the cost
of temporarily securing the property, or of any abatement directed
by the Code Enforcement Board or special magistrate, within 30 days
of the municipality sending the mortgagee the invoice then the municipality
may lien the property with such cost, along with an administrative
fee of $500 to recover the administrative personnel services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the municipality
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this article.
