[Adopted 10-25-2011 by Ord. No. 2011-14]
The Township of Willingboro finds as follows:
A.
That when the owner of a property fails to actively maintain and
manage the property, the property can become a cause of deterioration
and blight in both residential and nonresidential neighborhoods. Abandoned
properties that are boarded up appear to be substandard, unkempt nuisances
that discourage economic development and diminish the appreciation
of property values within the community.
B.
It is a responsibility of property ownership to prevent property
from becoming a burden to the neighborhood and the community and a
threat to the public health, safety, and welfare. Abandoned properties
that are not actively managed and maintained can be the cause and
core of spreading deterioration and blight within a community.
As used in this article, the following terms shall have the
meanings indicated:
Except as provided in N.J.S.A. 55:19-83, any property deemed
abandoned, pursuant to N.J.S.A. 55:19-78 et seq., and as one that
has not been legally occupied for a period of six months and meets
one of the following criteria:
The property is in need of rehabilitation and has not been rehabilitated
during the period it was unoccupied.
Construction has been initiated on the property in the past
but was discontinued prior to completion, and no construction has
taken place for at least a six-month period.
The property has been in a tax arrearage for at least one installment
period and/or has accumulated property maintenance, vacant building
penalties, or administrative penalties in excess of $2,500.
The property has been determined to be a nuisance by the Township
Manager, the Construction Official, Code Enforcement Official, Building
or Fire Officials, the Director of Inspections, the Health Officer,
or other public official charged with condemnation responsibilities
and granted the appropriate authority.
In accordance with N.J.S.A. 55:19-82 and for purposes of
this article:
A property which is found to be unfit for human habitation,
occupancy or use, pursuant to N.J.S.A. 40:48-2.3;
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property in order to prevent such hazards;
There is a presence of vermin, debris or physical deterioration
of the property which has created potential health and safety hazards,
which the owner has failed to take measures to correct the conditions;
The dilapidated appearance or other condition materially affects
the welfare, including the economic welfare, of residents in close
proximity to the property, and the owner has failed to take measures
to rectify the conditions.
A.
The procedures for the Township's acquisition of the abandoned property
shall be that which is set forth in N.J.S.A. 55:19-84 et seq.
C.
Within 10 days of filing a complaint, the Township shall file a notice
of lis pendens with the Burlington County Clerk's office.
D.
At least 30 days before filing the complaint, the Township shall
serve a notice of intention to take possession of the abandoned property
upon the record owner or mortgage holder, by certified mail.
E.
The notice shall state that unless the owner or a party in interest
prepares and submits a rehabilitation plan to the appropriate Township
Construction Official, Director of Inspections, or Township Manager,
the Township will seek to take possession of the property to rehabilitate
the property and that the cost associated with this process shall
be a lien against the property, which may be satisfied by the sale
of the property, unless the owner applies to the court for reinstatement
of control of the property as provided in N.J.S.A. 55:19-92.
A.
The owner may defend against the complaint by submitting a plan for
the rehabilitation of the property by posting of a bond equal to 125%
of the amount determined by the Construction Official, Director of
Inspections, Township Manager, or other designated official to represent
the project cost of rehabilitation, pursuant to N.J.S.A. 55:19-87.
The rehabilitation plan shall be submitted to the appropriate official
within 60 days after the complaint has been filed, unless the court
provides the owner with an extension of time for good cause.
B.
The rehabilitation plan submitted shall include, but not be limited
to:
(1)
A detailed financial feasibility analysis, including documentation
of the feasibility of the reuse, including an operating budget or
resale prices, or both, as appropriate;
(2)
A budget and a timetable for rehabilitation of the property and documentation
of qualifications of those who will perform the rehabilitation.
C.
The court shall approve the plan if the plan is realistic and likely
to result in the expeditious rehabilitation and reuse of the property,
and, correspondingly, the court shall disapprove the plan if unrealistic.
D.
If the court approves the owner's plan, it may appoint the Township
Manager or Construction Official to act as monitor of the owner's
compliance.
E.
If the owner fails to rehabilitate the property in accordance with
the court-approved plan, the Township Manager or Construction Official
shall notify the court, which may order the bond forfeit, grant the
Township possession of the property, and authorize the Township to
use the proceeds of the bond for rehabilitation of the property.
F.
The owner shall provide quarterly reports to the Township and the
court on the progress toward the rehabilitation and reuse of the property.
A.
If an owner fails to successfully defend against a complaint, a mortgage holder or lienholder may seek to be designated in possession for the property by submitting a plan within 60 days after the court has rejected the owner's plan, unless the court provides the mortgage holder or lienholder with an extension of time for good cause shown and posting a bond meeting the same conditions as set forth above in § 272-24.
B.
If the court approves the plan, then the court shall designate that
mortgage holder or lienholder as being in possession of the property
for purposes of ensuring the rehabilitation of the property.
C.
The mortgage holder or lienholder shall then provide quarterly reports
to the court and the Township of activities and progress toward rehabilitation
and reuse of the property.
D.
If the mortgage holder or lienholder fails to carry out any material
step in the approved plan, then the Township Manager or Construction
Official shall notify the court, which may forfeit the bond and grant
the Township possession of the property and authorize the municipality
to use the proceeds of the bond for rehabilitation of the property.
E.
Any fees or costs incurred for the rehabilitation of the property
by the mortgage holder or lienholder may be added to the unpaid balance
due of the mortgage or the lien, in accordance with N.J.S.A. 55:19-88.
F.
If no mortgage holder or lienholder meets these conditions, the Township
of Willingboro may exercise its rights under N.J.S.A. 55:19-78 et
seq., directly to submit a plan to further the rehabilitation and
reuse of the property or designate a qualified rehabilitation entity
to act as its designee for the purpose of exercising those rights
to implement a plan. The designation shall be made by resolution of
the Township Council. The Township shall maintain and safeguard and
maintain insurance on the property, provided that the owner shall
not be relieved of any civil or criminal liability or any duty imposed
by the owner's acts or omissions.
A.
If the Township of Willingboro is granted possession of a property
under this article, the Township shall be deemed to have an ownership
interest in the property for the purpose of filing plans with public
agencies and any state or federal program for grants or loans.
B.
Where the Township borrows funds for the express purpose of rehabilitating
the property, the court may authorize the Township to grant a lien
or security interest with priority over all other liens or mortgages
other than Township liens.
A.
With the granting of possession by the court to the Township of a
property determined to be abandoned, the owner shall continue to be
responsible for all taxes or other municipal liens and charges or
mortgages or liens to any party incurred on the property, whether
those taxes, charges, or liens are incurred before or after the granting
of possession, and the owner shall not be relieved of any operating
or maintenance expenses associated with the property.
B.
Similarly, although the Township is required to maintain, safeguard,
and maintain insurance on the property, the owner shall not be relieved
of any civil or criminal liability or any duty imposed by reason of
acts or omissions of the owner relating to the property.
The Township is authorized to seek Court approval to assign
its rights to another entity, which may be granted under the circumstances
enumerated in this article.
An owner may petition for reinstatement of the owner's control
and possession of the property, in accordance with N.J.S.A. 55:19-92
et seq.
A.
If the owner fails to petition for the reinstatement of control and
possession of the property within 30 days after the Township has filed
a notice of completion or, in any event, within two years after the
initial grant of possession, or if the owner fails to meet any conditions
set by the court granting a reinstatement petition file, the court
may grant the Township title or authorize the Township to sell the
property subject to N.J.S.A. 55:19-96.
B.
The Township may seek approval of the court to sell the property
to a third party.
C.
Upon approval, the court may place the proceeds of the sale in escrow
with the court.
D.
The court shall order a distribution of the proceeds in accordance
with N.J.S.A. 55:19-97.
E.
The court may also authorize the Township Manager or Construction
Official to place a lien on the property to cover any costs the Township
incurred prior to the granting by the court of an order of possession,
which may include costs incurred to stabilize or secure the property.
A.
The Township may hold special tax sales with respect to those properties
eligible for tax sale under N.J.S.A. 54:5-19, which are also on an
abandoned property list established by the Township pursuant to this
article and N.J.S.A. 55:19-55 et seq.
B.
The special tax sale shall be conducted as is set forth in N.J.S.A.
55:19-101a through g.
C.
In the case of any eminent domain proceeding carried out under Section
37 of P.L. 1996, c. 62 (N.J.S.A. 55:19-56), the fair market value
of the property shall be established on the basis of an analysis set
forth in N.J.S.A. 55:19-102.
The Construction Official, Director of Inspections or other
code official is hereby directed to identify abandoned properties
within the Township of Willingboro and place such properties on an
abandoned property list established as provided in N.J.S.A. 55:19-55
et seq., and to provide such notices and carry out such other tasks
as are required to effectuate an abandoned property list as is required
by law. The abandoned property list shall apply to the Township of
Willingboro in its entirety.
The Construction Official, Director of Inspections or other
code official, for the purposes of this article, shall have all the
responsibilities and powers provided by law and shall exercise the
authority granted them as designated public officers of the Township,
pursuant to N.J.S.A. 55:19-54 et seq.
[Added 12-2-2014 by Ord.
No. 2014-12]
Pursuant to the provisions of P.L. 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, 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, pursuant to the provisions of N.J.S.A.
2A:50-73 or otherwise.
[Added 12-2-2014 by Ord.
No. 2014-12]
Pursuant to the provisions of N.J.S.A. 46:10B-51(b), any creditor
initiating a new foreclosure action shall have 10 days to provide
the Municipal Clerk for the Township of Willingboro with notice of
the action. Such notice shall provide, in writing:
A.
The name and contact information for the representative of the creditor
who is responsible for receiving complaints of property maintenance
and code violations;
B.
The street address, lot and block number on the property;
C.
The full name and contact information of an individual located in
New Jersey authorized to accept service on behalf of the creditor;
and
[Added 12-2-2014 by Ord.
No. 2014-12]
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 this chapter, 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 this 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.
[Added 12-2-2014 by Ord.
No. 2014-12]
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 Paragraph
(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 Paragraph (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.
[Added 12-2-2014 by Ord.
No. 2014-12]
Except as set forth in § 272-37, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, of this Code. In addition, a creditor required to care, maintain, secure and keep up a property under this chapter cited in notices issued pursuant to § 272-36 shall be subject to a fine of $1,500 for each day of the violation.
[Added 12-2-2014 by Ord.
No. 2014-12]
Pursuant to N.J.S.A. 46:10B-51(c) and Chapter 199 of the Code of the Township of Willingboro, in addition to the violation and penalty provisions set forth in § 272-38, the Township of Willingboro may recover the costs of public funds spent to abate a nuisance or correct a violation from any lender or foreclosing creditor of record for noncompliance with this chapter.
