[Adopted 10-21-2014 by Ord. No. 2014-12 (Ch. 175, Art. V, of the 1986
Code)]
In accordance with N.J.S.A. 40:48-2.12s, all vacant and abandoned
residential properties in which a summons and complaint in an action
to foreclose have been filed shall be subject to the following standards
with regard to the care, maintenance, security, and upkeep of the
exterior of the properties:
A.
The premises shall be kept free of litter (including, without limiting
the generality of the foregoing, discarded, windblown, deposited,
dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes
and broken glass) and of all nuisances and hazards to the safety of
pedestrians and other persons having access to the premises and free
of unsanitary conditions, and any of the foregoing shall be promptly
removed and abated. The word "hazards" shall include, but is not limited
to, the following:
(1)
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, rubbish, refuse and debris of any description.
(2)
Natural growth. Dead and dying trees and other natural growth which,
by reason of rotting or deteriorating conditions or storm damage,
are or may be dangerous to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhangings. Loose, overhanging and projecting objects and accumulations
of ice and snow which, by reason of location above ground level, constitute
dangers to persons in the vicinity thereof.
(4)
Ground surface and unsanitary conditions. Holes, excavations, breaks,
projections, obstructions and excretion of pets or other animals on
paths, sidewalks, walks, driveways, parking lots and parking areas
and other parts of the exterior of the premises which are accessible
to and used by persons having access to such premises.
(5)
Recurring accumulation of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate recurrent accumulations of
stormwater.
(6)
Sources of infestation.
(7)
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
(8)
Chimneys and flue and vent attachments thereto. Chimneys and flue
and vent attachments thereto shall be maintained structurally sound,
safe, durable, smoke-tight and capable of withstanding the action
of flue gases.
(9)
Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained structurally
sound, in good repair, well painted or otherwise provided with a protective
treatment to prevent deterioration, and free from defects.
B.
Exterior of the premises. The exterior of the premises shall be maintained
so that the appearance thereof shall reflect a level of maintenance
in keeping with the standards of the neighborhood or such higher standards
as may be adopted by the Borough of Penns Grove and such that the
appearance thereof shall not constitute a blighting effect upon neighboring
properties nor an element leading to a progressive deterioration and
downgrading of neighboring properties with an accompanying diminution
of property values, including the following:
(1)
The
exterior of every building shall be maintained in good repair, and
all exterior surfaces thereof shall kept painted or otherwise provided
with a protective treatment where necessary for purposes of preservation
and appearance.
(2)
All
exterior surfaces thereof shall be maintained free from broken glass,
loose shingles or siding, crumbling masonry, excessively peeling paint
or other condition reflective of deterioration or inadequate maintenance
to the end that the building itself may be preserved, safety and fire
hazards eliminated and adjoining properties and the neighborhood protected
from blighting influences.
C.
Landscaping. Where exposed to public view, the landscaping of the
premises shall be maintained in an orderly state with lawns and bushes
trimmed and free from becoming overgrown, littered and unsightly where
such would constitute a blighting effect, depreciating adjoining and
nearby property. Open areas shall be graded evenly to eliminate holes,
depressions, gullies, mounds, accumulations of debris or other unsightly
or unsafe conditions.
D.
Security. The premises shall be enclosed and secured against unauthorized
entry.
Any and all creditors filing a summons and complaint in an action
to foreclose shall be responsible for the care, maintenance, security,
and upkeep of the exterior of the vacant and abandoned residential
property as set forth herein, and if located out of state shall be
responsible for appointing an in-state representative or agent to
act for the foreclosing creditor.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A public officer, appointed pursuant to P.L. 1942, c. 112 (N.J.S.A.
40:48-2.3 et seq.), or any other local official responsible for administration
of any property maintenance or public nuisance code may issue a notice
to the creditor filing the summons and complaint in an action to foreclose,
if the public officer or other authorized municipal official determines
that the creditor has violated this article by failing to provide
for the care, maintenance, security, and upkeep of the exterior of
the property. Such 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 a notice pursuant
to this section shall constitute proof that a property is "vacant
and abandoned" for the purposes of Subsection a of Section 1 of P.L.
2012, c. 70 (N.J.S.A. 2A:50-73).
Any and all out-of-state creditors subject to this article shall
include the full name and contact information of the in-state representative
or agent in the notice required to be provided pursuant to Paragraph
(1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
A.
Any out-of-state
creditor subject to this article and found by the Penns Grove Municipal
Court to be in violation of the requirement to appoint an in-state
representative or agent pursuant to this article shall be subject
to a fine of $2,500 for each day of the violation. Any fines imposed
on a creditor for the failure to appoint an in-state representative
or agent shall commence on the day after the ten-day period set forth
in Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127
(N.J.S.A. 46:10B-51), for providing notice to the Municipal Clerk
that a summons and complaint in an action to foreclose on a mortgage
has been served.
B.
Any creditor
subject to this article found to be in violation of the requirement
to correct a care, maintenance, security, or upkeep violation cited
in a notice issued pursuant to this 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 the notice.
No less than 20% of any money collected pursuant to this article
shall be utilized by the Borough of Penns Grove for municipal code
enforcement purposes.
