[Adopted 2-17-2016 by Ord. No. 3-2016]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning. Where the context will permit
and no definitions are provided herein, the definitions provided in
the State of New Jersey Building Code shall apply. When consistent
with the context, words used in the present tense include the future,
words in the plural include the singular, and words in the singular
include the plural. The word "shall" is always mandatory and not merely
directory.
Any real property located in the municipality, if determined
to be vacant by the municipality, that is in default on a mortgage,
has had a lis pendens filed against it by the lender holding a mortgage
on the property, is subject to an ongoing mortgage foreclosure action
by the lender, or has been transferred to the lender under a deed
in lieu of foreclosure.
[Amended 7-18-2018 by Ord. No. 21-2018]
The City of Atlantic City, Atlantic County, New Jersey.
Any real property and structure(s) for other than residential
use.
When a mortgagee declares said mortgage to be in default,
either in writing, by recording a lis pendens, or by its actions,
or commences foreclosure proceedings.
The Code Enforcement Office/Property Maintenance Unit of
the Department of Licensing and Inspections, the Police Department
and any other department designated as such by the City Administrator.
Any Code Enforcement Office/Property Maintenance Unit Officer,
law enforcement officer, building official, zoning inspector, fire
inspector or building inspector, or other person authorized by the
City of Atlantic City to enforce the applicable code(s).
The process by which property, placed as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
The judicial process by which a property, placed as security
for a mortgage loan, after a judicial process, is to be sold at an
auction to satisfy a debt upon which the borrower has defaulted.
An individual property manager, property maintenance company
or similar entity located within a fifty-mile radius of Atlantic City,
New Jersey, designated by the owner or mortgagee who is responsible
for the maintenance of abandoned real estate.
[Amended 7-13-2016 by Ord. No. 36-2016]
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned/foreclosed
real property.
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and any agent, servant or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under the mortgage
agreement.
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
"Owner" does not include the holder of a tax sale certificate who
has not acquired title to the property by a completed tax foreclosure
proceeding.
[Amended 7-18-2018 by Ord. No. 21-2018]
Any real estate, residential property, or portion thereof
located in the City, including buildings or structures situated on
the property. For the purposes of this section only, "property" does
not include property owned or subject to the control of the City or
any of its governmental bodies or agencies.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Taking measures that assist in making the property inaccessible
to unauthorized persons.
Any building used or to be used as a residence or business
which is not legally occupied or at which substantially all lawful
construction or business operations or residential occupancy has ceased,
including but not limited to any property meeting the definition of
"abandoned property" in N.J.S.A. 55:19-78 et seq.
[Added 7-18-2018 by Ord.
No. 21-2018]
[Amended 7-13-2016 by Ord. No. 36-2016; 7-18-2018 by Ord. No. 21-2018]
This article relates to abandoned, vacant, or foreclosed property,
whether occupied or vacant. This article shall be considered cumulative
and is not superseding or subject to any other law or provision for
same, but shall rather be a remedy available to the City of Atlantic
City in addition to, above and beyond any other state, county and/or
local provisions for same, and in addition to any other remedies in
law or equity not set forth herein.
A.Â
Registration of real property by owner.
(1)Â
All owners, as defined in § 207-17 above, must register vacant, abandoned, and/or foreclosed properties, whether or not they are occupied or vacant, with the Code Enforcement Office/Property Maintenance Unit on forms to be provided by the Department of Licensing and Inspections' Code Enforcement Office/Property Maintenance Unit.
[Amended 7-13-2016 by Ord. No. 36-2016]
(2)Â
All registrations must state the individual owner's or agent's name,
phone numbers and mailing addresses. The mailing address may not be
a P.O. box. This registration must also certify that the property
was inspected and identify whether the property is vacant at the time
of filing. If the property is vacant, the owner and/or registrant
must designate and retain an individual or local property management
company responsible for the security and maintenance of the property.
This designation must state the individual's or company's name, phone
number and local mailing address.
(3)Â
If the property is in the process of mortgage foreclosure, the registration
must be received within 10 days of the initiation of the foreclosure
process as required by N.J.S.A. 46:10B-51. All owners must also provide
proof of utility (gas, electric, water) connections or disconnections
which must be submitted to the Code Enforcement Office/Property Maintenance
Unit. No registration shall be required when the property is being
foreclosed upon for unpaid municipal liens or a tax sale certificate.
[Amended 7-18-2018 by Ord. No. 21-2018]
B.Â
Any mortgagee who holds a mortgage on real property located within the City of Atlantic City shall perform an inspection of the property serving as the security for the mortgage, upon default (as defined in § 207-17) by the mortgagor, or within 30 days following issuance of a notice of default to mortgagor, either in writing, by recording a lis pendens, or by its actions, or commences foreclosure proceedings. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned, and the mortgagee shall, within 10 days of the inspection, register the property with the Code Enforcement Office/Property Maintenance Unit, his or her designee, or other authorized representative, on forms provided by the City of Atlantic City's Code Enforcement Office/Property Maintenance Unit. A registration is required for each foreclosed property.
[Amended 7-13-2016 by Ord. No. 36-2016[1]]
C.Â
Registration pursuant to this section shall contain, at a minimum,
the name and address of owner along with the corresponding mailing
address of both the mortgagee/servicer, e-mail addresses, and telephone
numbers. The mailing address may not be a P.O. box. This registration
must also certify that the property was inspected and identify whether
the property is vacant at the time of filing. If the property is vacant,
the owner and/or registrant must designate and retain an individual
or local property management company responsible for the security
and maintenance of the property. This designation must state the individual's
or company's name, phone number and local mailing address.
(1)Â
The local property manager shall be responsible to inspect, secure
and maintain the property. The local property manager named in the
registration shall be located within a fifty-mile radius of Atlantic
City, Atlantic County, New Jersey, and available to be contacted Monday
through Friday between 9:00 a.m. and 5:00 p.m., holidays and lunch
hours excepted.
D.Â
Annual registration.
(1)Â
All property registrations are valid for one year from the date of
registration. The initial registration fee is $500 and must accompany
the registration form. Subsequent annual registration fees are $500
for the first renewal and thereafter. All applications and fees are
due by the registration renewal date. Registration fees and renewal
fees will not be prorated or refunded.
(2)Â
No state, county, or municipal governmental agency is required to
pay the annual registration fee.
[Amended 7-13-2016 by Ord. No. 36-2016]
(3)Â
Properties subject to this section shall remain under the annual
registration, inspection, security, and maintenance standards of this
section as long as they remain vacant.
E.Â
Change in status.
(1)Â
Any person or other legal entity that has registered a property under
this chapter must report any change of information contained in the
registration within 10 days of the change. There is no fee for modifying
contact information if the organizational information remains the
same and within one year of the last registration payment.
(2)Â
Once the property is no longer vacant or is sold or otherwise transferred,
the owner must provide proof of sale, transfer or occupancy to the
enforcement authority within 10 days of sale, transfer or occupancy.
F.Â
Failure of the owner to properly register or to revise from time
to time the registration to reflect a change of circumstances as required
by this chapter is a violation of this and may result in a citation
by the Code Enforcement Office/Property Maintenance Unit subject to
the penalty provided herein.
G.Â
Pursuant to a finding and determination by the Code Enforcement Office/Property
Maintenance Unit or the Police Department that any property is in
violation of the City ordinance or ordinances, and if not corrected
within the timeframe prescribed in the notice of violation to mortgagee,
the City may take necessary action to ensure compliance with its ordinance(s)
and place a lien(s) on the property for the cost of the work performed,
plus an administrative fee of $100 to benefit the property and to
bring it into compliance, which lien may be assigned to either the
entity that performed the work or arranges to have the work performed.
H.Â
At such time that the property becomes abandoned, the mortgagee shall
submit a no-trespass affidavit with the Code Enforcement Office/Property
Maintenance Unit that the property has been posted as "No Trespass."
A.Â
The owner of any property subject to this article shall:
(1)Â
Keep the property free of:
(a)Â
Dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, or any other items that give the appearance that the property
is abandoned or not being properly maintained.
(b)Â
Weeds, overgrown brush or dead vegetation over the height limitations
imposed by the City's Municipal Code. The obligation to maintain shall
include, but not be limited to, watering, irrigation, cutting and
mowing of required landscape and removal of all trimmings and weeds.
(c)Â
Rubbish, broken glass, stumps, roots, obnoxious growth, filth,
garbage, trash, refuse and debris, dead and dying trees or other natural
growth which, by reason of rotting or deteriorating condition or storm
damage within 50 feet of a structure on an adjacent property or public
right-of-way, constitutes a hazard to persons or structures in the
vicinity thereof.
(d)Â
Dilapidated bulkheads.
(2)Â
Maintain property on which and along which sidewalks and curbs are
located in property condition and good repair, free of obstruction,
debris, or other unsafe conditions, projections, obstructions, icy
conditions, and snow accumulation.
(3)Â
Maintain the property free of graffiti or similar markings by removal
or painting over with an exterior-grade paint that matches the color
of the existing structure.
(4)Â
Keep pools, fountains, ponds and spas in working order or properly
winterized and covered or lawfully demolished as that pool, foundation,
pond and spa water remains free and clear of pollutants and debris.
Pools, fountains, ponds and spas shall comply with the enclosure requirement
of the City Codes and the State of New Jersey Building Code. Demolition
or removal of pools, fountains, ponds and spas shall be performed
in compliance with the New Jersey Building Code, the City Code and
all other applicable laws, rules and regulations.
B.Â
Failure to maintain. Failure of the owner to properly maintain the
property as required by this article is a violation of the City Code
and may result in the issuance of a citation by the Code Enforcement
Office/Property Maintenance Unit. Pursuant to a finding and determination
by the Code Enforcement Office/Property Maintenance Unit that any
property is in violation of a City ordinance or ordinances, the City
may take the necessary action to ensure compliance with its ordinances
and place a lien(s) on the property and assign it as provided elsewhere
herein.
C.Â
Maintenance to comply with applicable laws, codes, rules and regulations.
Properties subject to the requirements of this article must be maintained
in accordance with all applicable federal, state and local laws, rules
and regulations. The owner or local property management company must
inspect the property monthly for the duration of the vacancy.
D.Â
Posting of notice on vacant or abandoned property.
(1)Â
When a property becomes a vacant, abandoned/foreclosed property,
within not less than 10 calendar days following the date it becomes
vacant or abandoned; the property shall be posted with the name and
twenty-four-hour contact telephone number of the local property manager.
The posting shall be no less than 18 inches by 24 inches and shall
be of the font that is no smaller than 1/2 inch in size. The posting
shall contain the following language: "THIS PROPERTY IS MAINTAINED
BY (name of the local property manager). TO REPORT PROBLEMS OR CONCERNS,
CALL (telephone number of local property manager)." The sign shall
be kept properly maintained and legible during the period of vacancy.
[Amended 7-18-2018 by Ord. No. 21-2018]
(2)Â
The posting shall be placed on the interior of a window facing the
street to the front of the property so that it is visible from the
street, or secured to the exterior of the building/structure facing
the street to the front of the property so that it is visible from
the street or if no such area exists, on a stake of sufficient size
to support the posting in a location that is at all times visible
from the street to the front of the property but not readily accessible
to vandals. Exterior posting shall be constructed of and printed with
weather-resistant materials. The posting shall be kept properly maintained
and legible during the period of the vacancy.
E.Â
Not exclusive. Adherence to this section does not relieve the owner
of any applicable obligations set forth in this code, covenant conditions
and restrictions, and/or homeowners' association rules and regulations.
A.Â
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.Â
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by re-glazing of
the window.
C.Â
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this article and any other applicable laws.
The Code Enforcement/Property Maintenance Officer, police officer
or other designee, or authorized representative, shall have authority
to require the owner of any property affected by this article to implement
additional maintenance and/or security measures, including, but not
limited to, securing any and all door, window or other openings, employment
of an on-site security guard, or other measures as may be reasonably
required to help prevent further decline of the property.
The enforcement authority shall have the authority and the duty
to inspect properties subject to this article for compliance and to
issue summonses for any violations.
A.Â
Failure to initially register with the enforcement authority is punishable
by a fine of up to $500.
[Amended 7-18-2018 by Ord. No. 21-2018]
B.Â
Failure to report any change of information contained in the registration
within 10 calendar days of the change is punishable by a fine of up
to $500 for each day after the expiration of the 10th calendar day
continuing through to the day prior to the date on which the information
shall have been supplied.
[Amended 7-18-2018 by Ord. No. 21-2018]
C.Â
Failure of an in-state creditor to identify the name of the individual
or property management company is punishable by a fine of up to $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.
[Amended 7-18-2018 by Ord. No. 21-2018]
D.Â
[1]A creditor found by the Municipal Court of the City of
Atlantic City, or by any other court of competent jurisdiction, 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 subsection 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.
(1)Â
In addition to the fine set forth above, the creditor shall be responsible
for the costs associated with cleanup, including, but not limited
to, tipping fees and overtime for use of personnel and equipment which
shall constitute a lien on the property.
E.Â
Where the property is vacant or shows evidence of vacancy, and foreclosure
proceedings have not been initiated, the failure of an owner or creditor
to file a registration within the required ten-day period following
the enforcement authority's first notice of violations or summons
for improper maintenance is punishable by a fine of up to $500 per
day, which 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) has expired.
[Amended 7-18-2018 by Ord. No. 21-2018]
F.Â
Failure to renew a registration with the enforcement authority is
punishable by a fine of not less than $500 nor greater than $2,000
per occurrence. Each day during which the registration was not renewed
following its expiration shall be deemed a separate occurrence.
G.Â
As required by N.J.S.A. 48:1.12s, no less than 20% of any money collected
pursuant to this section shall be utilized by the municipality for
municipal code enforcement purposes.
H.Â
In all cases where, after expiration of the notice and opportunity
to comply with any of the requirements set forth in this chapter,
such condition is corrected by the City by or under the direction
of the Department of Licensing and Inspections or by a contractor
retained by the City, including, but not limited to, mowing, removal
of brush, weak, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris removed from any land or property,
the Director of Licensing and Inspections or contractor, as the case
may be, shall certify the cost thereof to the City Administrator who
shall examine the certificate, and if found correct shall cause the
cost as shown thereon to be charged against said lands.
(1)Â
The amount so charged, plus an administrative fee of $100, shall
forthwith become a lien upon such lands and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as taxes, and
shall be collected and enforced by the same officers and in the same
manner as taxes.
I.Â
Nothing contained herein shall prevent the Department of Licensing
and Inspections, in a case of an unregistered or delinquent registered
owner, from cleaning up the property on an as-needed basis and imposing
a lien against the property for costs associated for cleanup as set
forth in this section.
J.Â
Any fine(s) or cost(s) associated with cleaning up the property that
remains uncollected or unpaid shall, by resolution of the City Council,
become a lien upon the property, which lien shall hereafter form part
of the taxes next to be assessed and levied upon said lands, the same
to bear interest at the same rate as taxes to be collected and enforced
by the same officers and in the same manner as taxes in accordance
with the provision of N.J.S.A. 40:48-2.14 and this Code.
Upon the effective date of the ordinance from which this article
derives, any existing vacant or foreclosing properties shall have
30 days to comply with the provisions of this article.
Nothing contained in this article shall prohibit the City of
Atlantic City from enforcing its codes by any other means, including,
but not limited to, injunction, abatement or as otherwise provided
by the Atlantic City Code or applicable laws.
