[HISTORY: Adopted by the Council of the Borough of Milford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-2016 by Ord. No. 851-2016[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
129 but was renumbered for organizational purposes.
The Milford Borough Common Council finds that it is in the best
interests of the Borough to amend the Borough Code, as hereinafter
provided, to ensure that the health, safety and well-being of the
Borough's residents are protected by establishing standards of
accountability on the owners or other responsible parties of the vacant
and abandoned properties, and that it is in the public interest for
the Borough to impose a fee in conjunction with the registration of
vacant structures.
As used in this Chapter, the following terms shall have the
meanings indicated:
Any property that has not been legally occupied for a period
of at least six months and which meets any one of the following criteria
may be deemed to be an abandoned building or structure upon a determination
by the Zoning Officer that:
The building or structure is in need of rehabilitation in the
reasonable judgment of the Zoning Officer, and no rehabilitation has
taken place during that six-month period;
Construction that was initiated on the building or structure
and was discontinued prior to completion, leaving the building unsuitable
for occupancy, and no construction has taken place for at least six
months as of the date of a determination by the Zoning Officer pursuant
to this article;
At least one installment of property tax remains unpaid and
delinquent on that property on the date of the determination by the
Zoning Officer pursuant to this article; or
The building or structure has been determined to be a nuisance by the Zoning Officer. A property which contains both residential and nonresidential space may be considered abandoned as long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the Zoning Officer and the property meets the criteria of either Subsection A or Subsection D of this definition for abandoned building or structure.
Includes the title holder, any agent of the title holder
having authority to act regarding a vacant building or structure,
or any foreclosing entity that has filed a notice with the Borough
Clerk pursuant to Chapter 130.
Any building or structure which is not legally occupied or
at which all lawful business or construction operations or renovation
work or occupancy have substantially ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation;
provided, however, that any property where all building systems are
in working order, where the building and grounds are maintained in
good order, or where the building is in a habitable condition, and
where the building is being actively marketed by its owner for sale
or rental, shall not be deemed vacant for purposes of this article.
The official who is charged with the administration and enforcement
of this article, or any duly authorized representative.
The owner of any vacant building or structure as defined in
this article shall:
A.
Within 30 calendar days after the building or structure becoming
vacant, file a registration statement for such vacant building or
structure with the Borough Clerk; or
B.
Within 30 calendar days after assuming ownership of a vacant building
or structure, file a registration statement for such vacant building
or structure with the Borough Clerk; or
C.
Within 10 calendar days of receipt of notice by the Borough, file
a registration statement for such vacant building or structure with
the Clerk on forms provided by the Borough for such purposes. Failure
to receive notice from the Borough shall not constitute grounds for
failing to register the building or structure.
(1)
Each property having a separate block and lot number as designated
on official records of the Borough shall be registered separately.
(2)
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 21
years of age or older, designated by the owner or owners as the authorized
agent for receiving notices of any violation of the Milford Borough
Code, and applicable law and for receiving process in any court proceeding
or administrative enforcement proceeding on behalf of such owner or
owners in connection with the enforcement of any applicable law, code
or ordinance; and the name, street address, telephone number, and
e-mail address (if applicable) of the firm and the actual name(s)
of the firm's individual principal(s) responsible for maintaining
the property. The individual or a representative of the firm responsible
for maintaining the property shall be available by telephone or in
person on a twenty-four-hour-per-day, seven-day-per-week basis. The
two entities may be the same or different persons. Both entities shown
on the statement must maintain offices in the State of New Jersey
or reside within the State of New Jersey.
(3)
The registration shall remain valid for one year from the date of
registration for each vacant building or structure registered.
(4)
The owner shall notify the Borough Clerk within 30 calendar days
of any change in the registration information by filing an amended
registration statement on a form provided by the Borough for such
purpose.
(5)
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement or
court proceeding instituted by the Borough against the owner or owners
of the building or structure.
(6)
The registration statement may include any additional information
that the Borough Clerk may reasonably require.
Any owner of a vacant building or structure who plans to restore
the property to productive use and occupancy during the twelve-month
period following the date of the initial registration shall file a
sufficiently detailed statement of the owner's plans for restoration
of the property with the registration statement along with a schedule.
Any owner who within the initial registration period completes restoration
of the property whereby the property no longer is defined as vacant
may request a 50% refund of the registration fee from the Borough
Clerk upon presentation of a certificate of occupancy.
The owner of any vacant building or structure registered under
this article consents to and shall provide access to the Borough to
conduct exterior and interior inspections of the building, structure
or property to determine compliance with the Borough Code, or applicable
law, upon reasonable notice to the property owner or the designated
agent. Such inspections shall be conducted on weekdays during the
hours of 8:30 a.m. and 4:30 p.m. or such other time as may be mutually
agreed upon between the owner and the Borough.
A.
An owner who meets the requirements of this article regarding the
location of his or her residence or workplace in the State of New
Jersey may designate himself or herself as agent or as the individual
responsible for maintaining the property.
B.
By designating an authorized agent under the provisions of this article,
the owner consents to receive any and all notices of violations of
the Borough's Code, or other applicable law violations concerning
the registered property and all process in any administrative enforcement
or court proceeding brought to enforce this article regarding the
registered building or structure by service of the notice or process
on the authorized agent. Any owner who has designated an authorized
agent under the provisions of this article shall be deemed to consent
to the continuation of the agent's designation for the purposes
of this article until the owner notifies the Borough Clerk in writing
of a change of authorized agent or until the owner files a new annual
registration statement.
C.
Any owner who fails to register a vacant building or structure under
the provisions of this article shall further be deemed to consent
to receive, by posting on the building, in plain view, and by service
notice at the last known address of the owner of the property on record
with the Borough by regular and certified mail, any and all notices
under the Borough's Code, or applicable law violations and all
process in an administrative or court proceeding brought to enforce
the Housing Code or other applicable law.
The owner of any building or structure that has become vacant,
and any person responsible for maintaining any such building or structure
that has become vacant shall, within 30 calendar days of the building
or structure becoming vacant or within 30 calendar days of the owner
taking title to the property, perform the following:
A.
Board and secure the building or structure and all unattached accessory
structures, garages or similar structures as provided for by applicable
law.
B.
Ensure that the exterior grounds of the building or structure, including
yards, fences, sidewalks, walkways, rights-of-way, alleys, retaining
walls, swimming pools both above or below ground, attached or unattached
accessory structures and driveways, are well-maintained and free from
trash, debris, loose litter, grass and weed overgrowth, and snow and
ice.
C.
Post a sign affixed and protected from the elements, to the building
or structure indicating the name, address and telephone number of
the owner and the owner's authorized agent for the purpose of
service of process, and the name, address and telephone number of
the entity responsible for maintenance of the property, which may
be the same as the owner or authorized agent. The sign shall include
the words "No Trespassing" and "To report problems with this building,
call. . .," shall be of sufficient size and shall be placed in a location
where it is clearly visible from the nearest public street or sidewalk,
whichever is nearer.
D.
Continue to maintain the building or structure in a secure and closed
condition, keep the grounds in a clean and well-maintained condition,
and ensure that the sign is visible and intact until the building
is again occupied, demolished, or until repair and/or rehabilitation
of the building or structure is complete.
The registration for each building or structure shall be as
follows:
A.
Any person who violates any provision of this article shall be fined
not greater than $1,250 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this article shall be recoverable from the owner and
shall be a lien on the property.
B.
For purposes of this article, failure to file a registration statement within 30 calendar days after a building or structure becoming vacant or within 30 calendar days after assuming ownership of a vacant building or structure, whichever is later; or within 10 calendar days of receipt of notice from the Borough, and failure to provide correct information on the registration statement, failure to comply with the provisions of §§ 148-4 and 148-7, or such provisions contained herein shall be deemed to be violations of this article.
Should any paragraph, section, part of any section, or any clause
or phrase of this article for any reason be held to be invalid or
unconstitutional, such decision shall not affect the remaining provisions
of this article, and shall remain in full force and effect, and to
that end the provisions of this article are hereby declared to be
severable.
All ordinances or parts of ordinances in conflict herewith,
are and the same are hereby repealed.
This article shall become effective upon passage and publication
as required by law.
[Adopted 3-21-2016 by Ord. No. 852-2016[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
130 but was renumbered for organizational purposes.
The Milford Borough Common Council finds that it is in the best
interests of the Borough to amend the Borough Code, as hereinafter
provided, to enact the provisions of P.L. 2014, c. 35., to ensure
that the health, safety and well-being of the Borough's residents
are protected by mandating that a creditor remain responsible for
the care, maintenance, security and upkeep of the exterior of any
residential property that is the subject of a summons and complaint
in an action to foreclose.
As used in this article, the following terms shall have the
meanings indicated:
Consistent with Section 3 of P.L. 2008, c. 86, a federal
or state chartered bank, savings bank, savings and loan association
or any credit union, any person required to be licensed under the
provisions of the New Jersey Residential Mortgage Lending Act, P.L.
1996, c. 157 (N.J.S.A. 17:11C-1 et seq.) and any entity acting on
behalf of the creditor named in the debt obligation, including but
not limited to servicers.
Consistent with Section 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73), residential real estate for which a notice of violation has been issued pursuant to § 148-15 of this article and Subsection b. of Section 1 of P.L. 2014, c. 35. Where a notice of violation has not been issued pursuant to § 148-18 of this article and Subsection b. of Section 1 of P.L. 2014, c. 35, residential property shall be deemed vacant and abandoned where a mortgaged property is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to Section 4 of the Fair Foreclosure Act, P.L. 1995, c. 44 (N.J.S.A. 2A:50-53 et seq.) and at least two of the following conditions exist:
Overgrown or neglected 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 furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the residence 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 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;
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 has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
Any other reasonable indicia of abandonment.
A.
A creditor that serves a notice of intention to foreclose on a mortgage
on residential property in the Borough pursuant to the Fair Foreclosure
Act, P.L. 1995, c. 244 (N.J.S.A. 2A:50-53 et seq.), shall serve the
Borough Clerk with a copy of the notice at the same time that the
creditor serves the notice on the owner of the property. The creditor
shall include the full name and contact information of a person located
within the State of New Jersey who is authorized to accept service
on behalf of the creditor with a copy of the notice served on the
Borough Clerk.
B.
If the residential property becomes vacant at any time after the
creditor files the notice of intention to foreclose, but prior to
vesting of title in any third party, and the Borough determines that
the property is in violation of any applicable state or local housing
code, the Borough shall notify the creditor of the violation by providing
a copy of the notice to the person located within the state who is
authorized to accept service on behalf of the creditor, and may require
the creditor to correct the violation.
C.
The notice to correct a violation pursuant to this article shall
include a description of the conditions that gave rise to the violation
with the notice of violation and shall provide a period of not less
than 30 days from the creditor's receipt of the notice for the
creditor to remedy the violation. If the creditor fails to remedy
the violation within that time period, the Borough may impose penalties
allowed for the violation of municipal ordinances pursuant to N.J.S.A.
40:49-5.
A.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on residential property in the Borough shall, within
10 days of serving the summons and complaint, notify the Borough Clerk
that a summons and complaint in an action to foreclose on a mortgage
has been filed against the subject property. The notice shall contain
the name and contact information for the representative of the creditor
who is responsible for receiving complaints of property maintenance
and code violations, may contain information about more than one property,
and shall be provided by mail or electronic communication, at the
discretion of the Borough Clerk. The Borough Clerk shall forward a
copy of the notice to the public officer or shall otherwise provide
it to any other local official responsible for the administration
of any property maintenance or public nuisance code. In the event
that the property being foreclosed on is an affordable unit pursuant
to the Fair Housing Act, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et
seq.), then the creditor shall identify that the property is subject
to the Fair Housing Act. The notice shall also include the street
address, lot and block number of the property, and the full name and
contact information of an individual located within the state who
is authorized to accept service on behalf of the creditor. The notice
shall be provided to the Borough Clerk within 10 days of service of
a summons and complaint in an action to foreclose on a mortgage against
the subject property.
B.
Any creditor that has initiated a foreclosure proceeding on any residential
property which is pending in Superior Court shall provide to the Borough
Clerk a listing of all residential properties in the municipality
for which the creditor has foreclosure actions pending by street address
and lot and block number. The Borough Clerk shall forward a copy of
the notice to the public official.
C.
If the owner of a residential property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a residential
property becomes vacant at any point subsequent to the creditor's
filing the summons and complaint in an action to foreclose on a mortgage
against the subject property, but prior to vesting of title in the
creditor or any other third party, and the property is found to be
a nuisance or in violation of any applicable state or local code,
the local public officer, Borough Clerk or other authorized municipal
official shall notify the creditor, which shall have the responsibility
to abate the nuisance or correct the violation in the same manner
and to the same extent as the title owner of the property, to such
standard or specification as may be required by State law or municipal
ordinance. The Borough shall include a description of the conditions
that gave rise to the violation with the notice of violation and shall
provide a period of not less than 30 days from the creditor's
receipt of the notice for the creditor to remedy the violation. If
the creditor fails to remedy the violation within that time period,
the Borough may impose penalties allowed for the violation of municipal
ordinances pursuant to N.J.S.A. 40:49-5.
D.
If the Borough expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of Subsection C hereof, but failed to abate the nuisance or correct the violation as directed, the Borough shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under Section 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100), which recourse includes placement of a lien against the property and against any asset of the creditor, against any asset of the partner of a creditor, if a partnership, and against any asset of any owner of a ten-percent interest or greater if the creditor is a corporation.
Pursuant to the provisions of the Public Laws of 2014, Chapter
35, a creditor filing a summons and complaint to foreclose a lien
or mortgage on a residential property in the Borough 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
and 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 article, pursuant to the provisions of N.J.S.A. 2A:50-73,
or otherwise.
A.
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 article of this Code, 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.
B.
The 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 notice if the violation presents an imminent threat to public health
and safety.
A.
A creditor subject to this article that is found by the municipal
court of the Borough, 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 the creditor's receipt of the notice,
except where the violation is deemed to present an imminent risk to
the public health and safety, in which case any fines shall commence
11 days following receipt of the notice.
B.
An out-of-state creditor shall include the full name and contact
information of the 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 subject to this article
that is found by the municipal court of the Borough, or by any other
court of competent jurisdiction, to be in violation of the requirement
to appoint an in-state representative or agent shall be subject to
a fine of $2,500 for each day of the violation. Any fines imposed
on an out-of-state 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.
C.
No less than 20% of any money collected by the Borough pursuant to
this section shall be utilized by the Borough for municipal code enforcement
purposes.
Notice of violations of property maintenance, building or other property codes for any property declared vacant and abandoned pursuant to this article shall be given to a foreclosing creditor pursuant to the procedures of § 148-18 of this Code as required by P.L. 2014, c. 35.
Should any paragraph, section, part of any section, or any clause
or phrase of this article for any reason be held to be invalid or
unconstitutional, such decision shall not affect the remaining provisions
of this article, and shall remain in full force and effect, and to
that end the provisions of this article are hereby declared to be
severable.
All ordinances or parts of ordinances in conflict herewith are
and the same are hereby repealed.
This article shall become effective upon passage and publication
as required by law.
