[Adopted 2-19-2015 by Ord. No. 2015-01]
A.
In accordance with N.J.S.A. 46:10B-51, an in-state creditor serving
a summons and complaint in an action to foreclose a mortgage on a
residential property in the City shall, within 10 days of effectuating
service, notify the City Clerk of the filing of the action and service
of the complaint and summons against the subject property.
B.
The notice to the City Clerk shall be in writing by mail or e-mail
and shall provide:
(1)
The street address of the property.
(2)
The block and lot numbers of the property.
(3)
Indicate if the property being foreclosed on is an affordable unit
pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
(4)
The full name and contact information for the representative of the
creditor who is responsible for receiving complaints of property maintenance
and code violations.
C.
The notice described in this section may contain notice information
regarding more than one property in foreclosure.
A.
In accordance with N.J.S.A. 46:10B-51 and N.J.S.A. 40:48-2.12s, an
out-of-state creditor serving a summons and complaint in an action
to foreclose a mortgage on a residential property in the City shall,
within 10 days of effectuating service, notify the City Clerk of the
filing of the action and service of the complaint and summons against
the subject property.
B.
The notice to the City Clerk shall be in writing by mail or e-mail
and shall provide:
(1)
The street address of the property.
(2)
The block and lot numbers of the property.
(3)
Indicate whether the property being foreclosed on is an affordable
unit pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
(4)
The full name and contact information for the representative of the
creditor who is responsible for receiving complaints of property maintenance
and code violations.
(5)
The notice to the City Clerk shall also contain the full name and
contact information of an in-state representative or agent designated
by the creditor to be responsible for the care, maintenance, security,
and upkeep of the exterior of the property if it becomes vacant and
abandoned.
C.
The notice described in this section may contain notice information
regarding more than one property in foreclosure.
A.
A creditor serving a summons and complaint in an action to foreclose
a mortgage on a residential property in the City shall be responsible
for the care, maintenance, security, and upkeep of the exterior of
the property should the property become vacant or abandoned before
or during the pendency of the foreclosure proceedings.
B.
A creditor's care, maintenance, security, and upkeep responsibilities
under this article shall continue until title to the property vests
with the creditor, title vests with a person or entity other than
the debtor or creditor, or the foreclosure complaint is dismissed.
C.
The substance of a creditor's care, maintenance, security, and upkeep
obligations shall be those that:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The City employees or officials respectively responsible for enforcement of the provisions of Chapters 89, 98, 122, 132, 138, 158, 178, and 197 shall be responsible for the enforcement of those provisions on creditors subject to this article to the same extent they would be responsible for enforcement against a title owner.
A.
A property shall be considered vacant and abandoned where the property
is unoccupied by the title owner, a mortgagor, or a lessee and at
least two of the following conditions exist:
(1)
Overgrown or neglected vegetation;
(2)
Accumulation of newspapers, circulars, flyers, or mail on the property;
(3)
Disconnected gas, electric, or water utility service to the property;
(4)
Accumulation of hazardous, noxious, or unhealthy substances or materials
on the property;
(5)
Accumulation of junk, litter, trash, or debris on the property;
(6)
Absence of window treatments such as blinds, curtains, or shutters;
(7)
Absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or closed
off or multiple window panes that are damaged, broken and unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(11)
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
(12)
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
(13)
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
(14)
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
B.
A property shall be considered vacant and abandoned where the creditor
brings its action for foreclosure in a summary manner pursuant to
any statutory or common law authority to foreclose upon vacant or
abandoned property in such a manner.
A.
A designated enforcement officer under § 179-4 shall provide notice to the creditor, through the creditor's designated representatives, of any violation of this article by virtue of the creditor's failure to provide for the care, maintenance, security, and upkeep of the exterior of a vacant or abandoned residential property.
B.
The notice shall provide a description of the conditions that gave
rise to the violation.
C.
The notice shall require that the creditor correct the violation
within 30 days of receipt of the notice or, where the violation presents
an imminent threat to public health and safety, within 10 days of
the receipt of the notice.
D.
If the notice is for a violation presenting an imminent threat to
public health and safety, the notice shall so indicate.
A.
An out-of-state creditor found by a court of competent jurisdiction to have violated this article by failing to designate an in-state representative or agent pursuant to § 179-2B shall be subject to a fine of $2,500 for each day of the violation commencing on the first day after the ten-day period for notice to the City Clerk under § 179-2A.
B.
A creditor found by a court of competent jurisdiction to have violated this article by failing to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to § 179-6 shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following the creditor's receipt of the notice, except if the violation presents an imminent risk to public health, in which case any fines shall commence 11 days following the creditor's receipt of the notice.
C.
If, after the correction period under § 179-6 has expired, the City expends public funds in order to correct a violation of a creditor's care, maintenance, security, or upkeep obligation, the City shall have the same recourse against the title owner of the property, including, but not limited to, the filing of municipal liens and the recourse provided under N.J.S.A. 55:19-100.
