[Added 2-18-2015 by Ord.
No. 3-2015]
Pursuant to the provisions of the Public Laws of 2014, Chapter
35, a creditor filing a summons and complaint to foreclose a lien
on a residential property that is vacant and abandoned, whether the
filing of the summons and complaint is made before or after the determination
that the property is vacant and abandoned, shall be responsible for
the care, maintenance, security, and upkeep of the exterior of the
residential property. This obligation applies whether the determination
that the property is vacant and abandoned is made by the public officer
pursuant to the provisions of this chapter of the Code of the Township
of Egg Harbor, pursuant to the provisions of N.J.S.A. 2A:50-73 or
otherwise.
If the public officer, or other authorized municipal official,
determines that a creditor obligated to care, maintain, secure and
keep up a vacant and abandoned property has failed to do so in violation
of the provisions of the chapter of this Code, the public officer
or other authorized municipal official shall issue a notice of violation
to the creditor that has filed a summons and complaint to foreclose
on the property in question. The notice shall require the person or
entity 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. The issuance of this
notice shall constitute evidence that a property is "vacant and abandoned"
for purposes of N.J.S.A. 2A:50-73.
An out-of state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to Subdivision
a(1) of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court
of competent jurisdiction to have violated this provision shall be
subject to a fine of $2,500 for each day of the violation commencing
on the day after the ten-day period set forth in Subdivision a(1)
of N.J.S.A. 46:10B-51 with respect to notifying the Municipal Clerk
that an action to foreclose on the property has been filed.
A creditor subject to this article found by the Municipal Court,
or by any other court of competent jurisdiction, to be in violation
of the requirement to care, maintain, secure or upkeep a property
as cited in the notice issued pursuant to the article shall be subject
to a fine of $1,500 for each day of the violation. Any fines imposed
pursuant to this section shall commence 31 days following receipt
of the notice, except if the violation presents an imminent risk to
public health and safety, in which case any fines shall commence 11
days following receipt of this notice.
