[Added 2-17-2016 by Ord.
No. 4-2016]
[Amended 6-22-2022 by Ord. No. 28-2022]
It is the purpose and intent of the Township to establish a
process to address the deterioration and blight of Township neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the Township, and to identify, regulate,
limit and reduce the number of such properties. It is the Township's
further intent to participate in the County-wide registration program
established by the Atlantic County Improvement Authority as a mechanism
to protect neighborhoods from becoming blighted due to the lack of
adequate maintenance and security of such properties.
[Amended 6-22-2022 by Ord. No. 28-2022]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any real property located in the Township, whether vacant
or occupied, that has had a complaint filing, foreclosure filing and/or
lis pendens filed against it by the lender holding a mortgage on the
property, is subject to an ongoing foreclosure action by the lender
or has been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned" shall remain in place
until such time as the property is sold or transferred to a new owner
or the foreclosure action has been dismissed.
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
To include, but not be limited to, the Code of the Township
of Egg Harbor and the New Jersey Uniform Construction Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Township
Property Maintenance Code and/or New Jersey Uniform Construction Code;
or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the Code of the Township of Egg Harbor
and/or New Jersey Uniform Construction Code.
Any law enforcement officer, building official, zoning inspector,
zoning officer, code enforcement officer, fire inspector or building
inspector, or other person authorized by the Township to enforce the
applicable code(s).
As used in this article, "evidence of vacant and abandoned
property" shall mean the presence or finding of at least two of the
following conditions concerning the real property:
Overgrown and/or dead vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishing and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to health, safety, or welfare of the public or any adjoining
or adjacent property owners due to acts of vandalism, loitering, criminal
conduct or the physical destruction or deterioration of the property;
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;
The mortgagee or other authorized party having secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement by a mortgagor expressing the clear intent
of all mortgagors to abandon the property;
The property is occupied by an unauthorized person;
The property is occupied without a valid, unexpired certificate
of occupancy or other written authorization for occupancy as may be
required by applicable laws; or
Any other reasonable indicia of abandonment.
The creditor, including but not limited to trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities
as assignee or owner.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Township above and beyond any other
state, county or local provisions for same.
Pursuant to the provisions of § 173-35, the Township or designee shall participate in the County-wide registration program established by the Atlantic County Improvement Authority cataloging each abandoned property within the Township, containing the information required by this article.
[Amended 6-22-2022 by Ord. No. 28-2022]
A.
Any mortgagee who holds a mortgage on real property located within
the Township shall perform an inspection of the property to determine
vacancy or occupancy, upon the filing of a summons and complaint.
The mortgagee shall, within 10 days of the inspection, register the
property with the Division of Inspections, or designee, on forms or
website access provided by the Township, and indicate whether the
property is vacant or occupied. A separate registration is required
for each property, whether it is found to be vacant or occupied.
B.
If the property is occupied but remains in foreclosure, it shall
be inspected by the mortgagee or his designee monthly until: 1) the
mortgagor or other party remedies the foreclosure; or 2) it is found
to be vacant or shows evidence of vacancy at which time it is deemed
abandoned, and the mortgagee shall, within 10 days of that inspection,
update the property registration to a vacancy status on forms provided
by the Township.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and e-mail address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property. The registration shall also include
the date, court and docket number of the filed foreclosure complaint
and identify whether the property is vacant and abandoned.
D.
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration;
and an additional $2,000 per property annually if the property is
vacant or abandoned pursuant to the definition in the article when
the summons and complaint in an action to foreclose is filed, or becomes
vacant and abandoned pursuant to the definition in the article at
any time thereafter while the property is in foreclosure.
E.
If the property is not registered, or the registration fee is not
paid within 30 days of when the registration or renewal is required
pursuant to this section, a late fee equivalent to 10% of the annual
registration fee shall be charged for every thirty-day period, or
portion thereof, that the property is not registered and shall be
due and payable with the registration.
F.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the Township and/or its authorized designee.
G.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
H.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain in foreclosure.
I.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
J.
Failure of the mortgagee to properly register or to modify the registration
form from time to time to reflect a change of circumstances as required
by this article is a violation of the article and shall be subject
to enforcement.
K.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Township may
take the necessary action to ensure compliance with and place a lien
on the property for the cost of the work performed to benefit the
property and bring it into compliance.
L.
Registration of foreclosure property does not alleviate the mortgagee
and/or owner from obtaining all required licenses, permits and inspections
required by applicable code or state statutes. Acquisition of required
licenses, permits and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this section. Mortgagee and/or owner is expected to update the
status of the property in the event of a mortgagee-managed rental.
[Amended 6-22-2022 by Ord. No. 28-2022]
A.
Properties subject to this article shall be kept free of weeds, overgrown
brush, 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, printed material or any other items that give the appearance
that the property is abandoned.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with § 173-39. Pursuant to a finding and determination by the Township's Code Enforcement Officer or a court of competent jurisdiction, the Township may take the necessary action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.
Properties subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
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 reglazing of
the window.
C.
If a mortgage on a property is in foreclosure, 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.
[Amended 6-22-2022 by Ord. No. 28-2022]
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Township.
A mortgagee and/or owner 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.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s) and the owner shall be responsible for meeting
with the Township's Code Enforcement Officer within 45 days for a
final courtesy inspection report.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the Municipal Court
as soon as possible to address the conditions of the property.
B.
The Municipal Judge shall have the authority to require the mortgagee
and/or owner of record of any property affected by this section to
implement additional maintenance and/or security measures including,
but not limited to, securing any and all doors, windows 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.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Municipal Court may direct the Township to abate the violations and
charge the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the Township for the cost of
temporarily securing the property, or of any abatement directed by
the Municipal Court, within 30 days of the Township sending the mortgagee
the invoice then the Township may lien the property with such cost,
along with an administrative fee of $500 to recover the administrative
personnel services.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this article shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this article.
