[HISTORY: Adopted by the Town Council of the Town of Belvidere 5-22-2023 by Ord. No. 2023-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 477,
Vacant Properties, Maintenance and Registration, adopted 7-16-2012
by Ord. No. 2012-14. This ordinance also changed the title of the
chapter from "Vacant Properties, Maintenance and Registration" to
"Registration and Maintenance of Certain real Property by Mortgagees."
It is the intent of this chapter, as further detailed within
its enabling ordinance, to enable the Town of Belvidere to engage
in the identification, registration, monitoring and migration of properties
that are or may become vacant and abandoned to the fullest extent
permitted by P.L. 2021, c. 444,[1] in order to combat the immeasurable and deleterious effects
of blight arising from residential and commercial properties that
become vacant or abandoned during the foreclosure process.
[1]
Editor's Note: See also N.J.S.A. 40:48-2.12s1 et seq.
B.
A "creditor" shall mean: A state chartered bank, savings bank, savings
and loan association or credit union, any person required to be licensed
under the provisions of the "New Jersey Residential Mortgage Lending
Act," sections 1 through 21.39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51
through N.J.S.A. 17:11C-89), and any entity, agent or assignee acting
on behalf of the creditor named in the debt obligation, but not limited
to, servicers, who have filed a complaint in the Superior Court to
foreclose upon a residential or commercial mortgage. A creditor shall
not include the state, a political subdivision of the state or a county
or local government entity or their agent or assignee such as the
servicer.
C.
A property shall be deemed "vacant and abandoned" for the purpose
of this chapter if:
(1)
The property is not legally occupied by a mortgagor or tenant; and
(2)
The property is not legally re-occupied because of at least two of
the following conditions:
(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 windowpanes 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 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 the 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 or 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;
(o)
Any other reasonable indicia of abandonment.
D.
"Enforcement Officer" means any law enforcement officer, building
official, zoning official, code enforcement officer, fire inspector
or building inspector, town administrator or other person authorized
by the Town of Belvidere.
A.
The Town of Belvidere shall create and maintain a registry of all
commercial and/or residential properties within its municipal boundary
for which a summons and complaint in an action to foreclose has been
filed with the New Jersey Superior Court, pursuant to its authority
granted by P.L. 2021, c 444.[1] This registry will be formed and maintained to assist
the Town with regulating the maintenance, security and upkeep of properties
which may become vacant and abandoned during the foreclosure process
in order to prevent the deleterious effects of blight associated with
vacant and abandoned properties that are not maintained.
[1]
Editor's Note: See also N.J.S.A. 40:48-2.12s1 et seq.
B.
The Town of Belvidere may, at its discretion, create, maintain and
administer this registry independently, retain the professional services
of a third party pursuant to the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq., or participate in a shared services agreement with
other local units, counties and/or County Improvement Authorities
for the creation, maintenance and administration of the registry pursuant
to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1
et seq.
C.
Any third party retained to create, maintain and/or administer the
registry shall have the authority on behalf of the Town to:
(1)
Identify properties subject to the registration requirement;
(2)
Maintain and update the registration list;
(3)
Communicate with creditors and/or in-state representatives;
(4)
Invoice and collect payment of fees;
(5)
Monitor compliance;
(6)
Such other functions within the scope of P.L. 2021, c. 444 which
may be deemed necessary to carry out its function on behalf of the
Town.
D.
Any third party retained to create, maintain and/or administer the
registry shall be required to comply with the following reporting
and payment requirements:
(1)
Any and all amounts collected by the third party as part of its administration
on the Town's registry, including registration fees, interest
and penalties shall be paid in full directly to the Town not less
than once per year or as otherwise directed by the Town. No fees,
payments, expenses or other deductions shall be made from this payment;
payment for a third party's services under this chapter shall
be made by the Town to the third party under the terms and conditions
outlines within the contract for professional services.
(2)
Not less than once per year on the first business day of each calendar
year, or as otherwise may be requested by the Tax Collector, any third
party administering the Town's registry shall file with the Tax
Collector a certification identifying:
(a)
The address, block, lot and contact information of any property
for which registration fees under this chapter are due and owing at
the time of the certification;
(b)
The amount of the registration fees, and separately, any interest,
fines and other penalties due and owing at the time of the certification;
(c)
The date on which the property became eligible for inclusion
on the Town's registry.
E.
The Town's Municipal Clerk or his/her designee shall serve as
the municipal official responsible for notifying creditors, establishing
and maintaining the registry, determining eligibility for designation
as a vacant and abandoned property under this chapter and for imposing
fees, penalties and/or violations. The responsibilities herein may
be designated to a third party pursuant to the terms and conditions
of a contract for professional services consistent with P.L. 2021,
c. 444.
A.
Within 30 days of the effective date of this chapter, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Town of Belvidere: i) prior to the effective date of this chapter, and ii) which is pending as of the effective date of this chapter, shall provide notice in accordance with Subsection B of this section.
B.
Within 10 days of filing a summons and complaint with the New Jersey
Superior Court in an action to foreclose on a commercial and/or residential
mortgage for a property located within the Town of Belvidere, the
creditor shall notify the Municipal Clerk or his/her designee of the
action. Such notice shall include:
(1)
The address, block and lot of the subject property;
(2)
The date the summons complaint in an action to foreclose on a mortgage
was filed against the subject property, the court in which it was
filed and the docket number for the filing;
(3)
Whether the property is vacant and abandoned in accordance with the
definition in this chapter;
(4)
The full name, address and telephone number of any person or entity
retained by the creditor who is responsible for receiving notice of
complaints of property maintenance and code violations;
(5)
The full name, address and telephone number of any person or entity
retained by the creditor or a representative of the creditor to be
responsible for any care, maintenance, security or upkeep of the property;
(6)
If the creditor is out-of-state, the full name, address and telephone
number of an in-state representative or agent who shall be responsible
for any care, maintenance, security or upkeep of the property and
for receiving notice complaints of property maintenance and code violations;
(7)
The notice requirements herein represent a continuing obligation
through the pendency of the foreclosure action. After initial notice
to the Town, creditors subject to the notice requirement shall update
the Town's property registration program within 10 days of any
change in the information contained in the original or any subsequent
notices.
C.
Creditors of any commercial and/or residential mortgage required
to notify the Town pursuant to this section shall:
(1)
Register the property with the Town's property registration
program as a property in foreclosure, within 30 days of notifying
the Town;
(2)
Be subject to the registration fee, notice requirements and penalties
for noncompliance established within this chapter;
(3)
Update the property registration within 10 days of any change in
the information contained in the original notice to the Town;
(4)
If an out-of-state creditor, appoint an in-state representative or
agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Town;
(5)
Within 10 days of the property becoming vacant and abandoned at any
time during the pendency of the foreclosure action, the creditor shall:
(a)
Assume responsibility for the care, maintenance, upkeep and
security of the exterior of the property;
(b)
Secure the property against unauthorized entry;
(c)
Post a sign on the inside of the property, visible to the public,
containing the name, address and telephone number of the creditor,
or an out-of-state creditor's in-state representative or agent,
for the purpose of receiving service of process.
(d)
Acquire and maintain a vacancy insurance policy which covers
any damage to any person or any property caused by any physical condition
of the property while registered with the Town's property registration
program;
(e)
Provide proof, within 10 days of receiving a request by the
Town or its designee, that the above conditions have been satisfied;
(f)
Cure any violations of the above requirements within 30 days
of receiving a notice of violation, or if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice.
(6)
Update the property registration within 10 days of the creditor becoming
aware that the property is deemed vacant and abandoned as defined
herein.
D.
If at any time the creditor is deemed to be in violation of the above
requirements, and/or if the property is deemed to be in violation
of any other applicable local, state or county maintenance, health
or safety codes, the Enforcement Officer or his/her designee shall
notify the creditor using the contact information provided in the
property registry established by this chapter.
E.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety or welfare, the Enforcement Officer may
temporarily secure the property at the expense of the mortgagee and
may bring violations before a Court of competent jurisdiction as soon
as possible to address the conditions of the property.
F.
Any Enforcement Officer or any person authorized by the Town 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 chapter.
B.
Creditors required to notify the Town and register a property as
one in foreclosure shall be required to pay the following annual registration
fee, per property, due at the time of registration of $500.
C.
If a property registered with the Town's registration program
as a property in foreclosure is vacant and abandoned at the time of
registration, or becomes vacant and abandoned at any time during the
pendency of the foreclosure proceeding, the creditor shall pay an
additional annual registration fee, per property, due at the time
the determination that the property is vacant and abandoned is made,
of $2,000.
D.
Violations.
(1)
An out-of-state creditor subject to the notice and registration requirements
of this chapter, found to be in violation of the requirements to appoint
an in-state representative or agent, shall be subject to a fine of
$2,500 for each day of the violation. The violation shall be deemed
to commence on the day after the creditor's initial ten- or thirty-day
requirement to notify the Town of applicable foreclosure actions.
(2)
A creditor subject to the notices and registration requirements of this chapter found to be in violation of this chapter (with the exception of a violation pursuant to Subsection D(1) of this section, shall be subject to a fine of $1,500 for each day of the violation. The violation shall be deemed to commence on the 31st day following the creditor's receipt of a notice of violation, or if deemed to present an imminent threat to public health and safety, on the 11th day following the creditor's receipt of such notice.
E.
If the Town expends public funds in order to abate a nuisance or
correct a violation on a commercial property in situations in which
the creditor was given notice pursuant to this chapter, but failed
to abate the nuisance or correct the violation as directed, the Town
shall have the same resource against the creditor as it would have
against the title owner of the property, including, but not limited
to, the recourse provided under N.J.S.A. 55:19-100 et seq.
A.
Should any section, paragraph, sentence, clause or phrase of this
chapter be declared unconstitutional or invalid for any reason by
a Court of competent jurisdiction, such provision(s) shall be deemed
severable and the remaining portions of this chapter shall remain
in full force and effect.
B.
All ordinances or parts of ordinances or resolutions that are inconsistent
with the provisions of this chapter are repealed to the extent of
such inconsistency.
C.
This chapter shall take effect after the second reading, public hearing,
adoption and publication, in accordance with the law.
