[Added 7-13-2016 by Ord.
No. 2016-06]
For the specific purposes of this article, the following terms,
whenever used herein or referred to in this article, shall have the
respective meanings assigned to them hereunder unless a different
meaning clearly appears from the context:
A state chartered bank, savings bank, savings and loan association
or credit union, any person or entity required to be licensed under
the provisions of the New Jersey Residential Mortgage Lending Act,
P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity
subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127,
§ 17, as amended from time to time) and any entity acting
on behalf of the creditor named in the debt obligation, including,
but not limited to, servicers.
Those portions of a structure which are exposed to public
view or are visible from adjoining or adjacent lots, including all
outside surfaces and appurtenances thereto, and the open land space
of any premises outside of any building or structure erected thereon,
including vacant lots.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Borough.
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of the premises where the condition exists.
Any person, persons or entity not the owner, but including
any agent of the owner, who has charge, possession, custody, care
or control of a dwelling or premises or a part thereof.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, including
any fiduciary, trustee, receiver, guardian or mortgagee in possession.
Any lessee, sublessee or assignee of a lessee of any part of any premises
shall be deemed an "owner" with respect to that portion of the premises
sublet, leased or assigned.
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the building or structures thereon.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including,
but not limited to, garbage, trash, ashes, paper, paper goods and
products, wrappings, cans, bottles, containers, yard clippings, garden
waste, debris, junk, glass, boxes, crockery, wood, plastic, rubber,
leather, furniture, household goods, appliances, bedding, scrap lumber,
scrap metal, construction material, inoperable machinery or parts
thereof, garden or farming implements and supplies, dead or rotting
vegetation, tires and abandoned, inoperative or unusable automobiles
and vehicles and solid commercial or industrial waste. Anything herein
to the contrary notwithstanding, a compost pile free of discarded
foodstuffs shall not be deemed to be "refuse" or "rubbish."
A motor vehicle without a valid and current state inspection
sticker.
Where a property is not occupied and three or more 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 furnishing and personal items;
Statements of neighbors, association management, 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;
Any other reasonable indicia of abandonment.
A.
Registration of vacant and abandoned properties.
(1)
Every creditor filing an action to foreclose on a mortgage of any
residential property within the Borough of Kenilworth shall, within
10 days thereof, notify the Borough Clerk, in writing, by mail, of
said filing (see N.J.S.A. 46:10B-51). 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 also contain the name and contact information of
the representative of the creditor who is responsible for receiving
complaints of property maintenance and code violations. In the event
the creditor that has served a summons and complaint in an action
to foreclose on a residential property is located out of state, the
notice shall also contain the full name and contact information of
an in-state representative or agent who shall be responsible for the
care, maintenance, security and upkeep of the exterior of the property
if it becomes vacant and abandoned.
(2)
A creditor filing a summons and complaint in an action to foreclose
on a vacant and abandoned property, or a creditor who has previously
filed a summons and complaint to foreclose on a residential property
which subsequently becomes vacant and abandoned, shall within 30 calendar
days after the building becomes vacant and abandoned or within 30
calendar days after assuming ownership of the vacant and abandoned
property, whichever is earlier, or within 10 calendar days of receipt
of notice from the Borough, and annually thereafter, file a registration
statement for such vacant and abandoned property with the Municipal
Clerk on forms provided by the Borough for such purposes. Any failure
to receive notice from the Borough shall not constitute grounds for
failing to register the vacant and abandoned property.
(3)
Each vacant and abandoned property having a separate block and lot
number as designated in the official tax maps of the Borough shall
be registered separately.
(4)
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 21
years or older designated by the creditor as the authorized agent
within the State of New Jersey for receiving notices of code violations
and for receiving process in any court proceeding or administrative
enforcement proceeding on behalf of such creditor in connection with
the enforcement of any applicable code.
(5)
The registration statement for each shall include 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 abandoned and vacant property. The
individual or representative of the firm responsible for maintaining
the abandoned and vacant 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.
(6)
The registration for each property shall remain valid for three years from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The creditor shall be required to renew the registration annually as long as the building remains vacant and abandoned and shall pay a registration or renewal fee in the amount prescribed in Subsection A(10) of this section for each vacant and abandoned property registered.
(7)
The renewal shall be completed within the first two weeks of December,
just prior to expiration. The initial registration fee shall be prorated
for registration statements received less than 10 months prior to
that date.
(8)
The creditor shall notify the Municipal Clerk within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Municipal Clerk for
such purpose.
(9)
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the creditor.
(10)
Fee schedule. The initial registration fee for each vacant and abandoned property under the provisions of this section; the fee for the first year’s renewal; the fees for the second year’s renewal; and the fee for all additional renewals are set forth in Chapter 91, Fees and Licenses.
[Amended 4-25-2018 by Ord. No. 2018-04; 9-12-2018 by Ord. No. 2018-14]
B.
Creditor responsibility for vacant and abandoned properties.
(1)
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Borough shall be responsible
for the care, maintenance, security and upkeep of the exterior of
the property, after the property becomes vacant and abandoned.
(2)
The creditor shall be responsible for appointing an in-state representative
or agent to act for the foreclosing creditor. The in-state representative
shall be an individual residing in this state and shall provide his
or her full name and address as part of the registration.
[Amended 4-25-2018 by Ord. No. 2018-04]
C.
Enforcement.
(1)
The enforcement officers designated shall be authorized to issue
a notice to a creditor that has filed a summons and complaint in an
action to foreclose on a residential property within the Borough,
if the enforcement officer determines that the creditor has violated
this section by failing to provide for the care, maintenance, security,
and upkeep of the exterior of a vacant and abandoned property.
(2)
Where a creditor is an out-of-state creditor, the notice shall be
issued to the representative or agent that has been identified by
the creditor pursuant to this article.
(3)
The notice referenced in Subsection C(2) of this section shall require the creditor to correct the violation(s) 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.
(4)
The issuance of a notice pursuant to Subsection C(2) of this section shall constitute proof that a residential property is vacant and abandoned for the purposes of this section.
(5)
If a creditor fails to properly name a registered agent who resides
in the State of New Jersey within 30 days from the date creditor's
attorney is served with notice of the requirement to register, the
Borough Attorney is authorized to file a motion in the Chancery Division
seeking an order restraining the creditor from proceeding with the
sale of the property until such time as he or she has properly registered
the foreclosed property and the creditor shall reimburse the Borough
for all fees and costs incurred for any proceedings in the Superior
Court.
[Added 4-25-2018 by Ord.
No. 2018-04]
D.
Violations and penalties.
(1)
A creditor subject to this section 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 section 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 service 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 service of the
notice.
(2)
An out-of-state creditor subject to this section 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 pursuant to this section 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 after
filing a foreclosure complaint that provides notice to the Municipal
Clerk that a summons and complaint in an action to foreclose on a
mortgage has been served.
(3)
A creditor subject to this section 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 register a vacant and abandoned
property pursuant to this section shall be subject to a fine not exceeding
$2,000. Any fines imposed on a creditor under this subsection shall
commence 11 days following receipt of notice from the Borough pursuant
to this section.
A.
Enforcement officer. This article may be enforced by the Construction
Official, Zoning Officer, Health Officer, Police Department and the
Building Department of the Borough.
[Amended 9-12-2018 by Ord. No. 2018-14]
B.
Enforcement procedure. Whenever the enforcement officer determines
that there is or has been a violation of any provision of this article,
the officer shall give notice of such violation to the person, persons
or entities responsible therefor under this article. Such notice shall
be in writing and shall include a concise statement of the reasons
for its issuance. Such notice shall be deemed to be properly and sufficiently
served if a copy thereof is sent by registered or certified mail to
the last known address of the person or entity upon which the same
is served, as shown by the most recent tax lists of the Borough, or
if a copy thereof is handed to the person or persons or a copy thereof
is left at the usual place of abode or office of the persons or entities.
Notice shall be given as aforesaid within or without the Borough.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within 10 days of the date of service
of such notice (exclusive of the date of service), a summons shall
issue for such violation. The enforcement officer may, at the time
the officer issues the notice, extend the period for correction of
the violation stated in the notice for a period in excess of the aforesaid
10 days if, in the officer's judgment, the abatement, removal,
prevention, cessation of or cure of the condition violated cannot
reasonably be effected within the ten-day period, and in such cases
the enforcement officer shall state such reasonably required extended
period in the notice, which shall then be applicable instead of the
aforesaid 10 days. In the event the violation is not abated, removed,
cured, prevented or desisted from or otherwise fully remedied within
the ten-day period or within such extended period as set forth in
the notice pursuant to the foregoing, a summons shall then issue against
the person, persons, entity or entities so notified.
C.
Emergency conditions. Whenever the enforcement officer finds that
an emergency condition in violation of this article exists, which
condition requires immediate attention in order to protect the public
health or safety, the officer may issue an order by service of notice
reciting the existence of such an emergency condition and requiring
that such action be taken by the violator as soon as reasonably necessary
to meet the emergency. Notwithstanding any other provision of this
article, such order shall be effective immediately. Any person to
whom such an order is directed shall comply therewith immediately,
but upon objection, in writing, to the enforcement officer, any such
person shall be afforded a hearing before the governing body of the
Borough as soon as is reasonably possible. After such a hearing and
decision by the governing body as to the existence or nonexistence
of the emergency condition, the governing body may continue such order
in effect, or modify or withdraw it, subject to issuance of a summons
for violation thereof if such order is continued.
With the exception of the violations and penalties contained
within this chapter, any person or entity who shall violate any of
the provisions of this article or any order promulgated hereunder
shall, after a summons is issued under the terms hereof, upon conviction,
be punished as follows:
A.
Prohibited accumulation. It shall be unlawful to gather, accumulate,
keep or permit the gathering, accumulation or keeping of brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash, debris, litter, refuse, rubbish or any of the articles on any
land or in any place in the Borough in such a manner as to constitute
a menace to public health, safety or general welfare or to create
a fire hazard.
B.
Removal required. The person having charge or control over the premises
where any material has accumulated in violation of any provision of
the property maintenance code shall remove or cause the removal of
the articles as provided in this chapter.
C.
Enforcement; notice.
(1)
Enforcement. If any condition described in Subsection A above is deemed to exist, it shall be the duty of the Fire Inspectors, the Health Officer, the Sanitarian and the Police Department of the Borough, or any of them, to then give written notice to the owner of the premises or the tenant therein or the person having charge or control thereof, requiring the removal of the articles within 10 days after the service of the notice.
(2)
Notice. Any notice mentioned herein may be served in person or by
mailing to the last known address of the respective owner or tenant
or person in charge. When the owner or person in charge does not reside
in the Borough and when service is by mailing, then a copy of the
notice shall be posted on the same day as the mailing at the premises
where the condition exists. Failure to rectify the condition of which
notice is given within the period specified in the notice shall constitute
a violation hereunder.
D.
Enforcement officers. The Health Officer, the Zoning Officer, the
Sanitarian, appointed Fire Inspectors and the Police Department are
hereby designated enforcement officers of this section with full power
to make complaints and issue summonses for violations. The designation
herein contained shall not limit the capacity or authority of any
person or officer authorized to enforce this section or any similar
ordinance under any other ordinance or law.
E.
Compliance with notice; lien. If the person in charge shall fail
to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash, debris or other articles within the
time required by the notice, then the enforcement officer may remove
or cause or arrange for the removal of the articles. The officer causing
the removal shall keep an accurate account of the cost thereof and
shall certify the cost and expense to the Mayor and Council, which
shall examine the certification. If the Mayor and Council shall find
the same correct, the cost shall be charged against the lands upon
which the articles are located and from which they were removed. A
statement of the cost shall forthwith be furnished by the Borough
Clerk to the Collector of Taxes, and the cost shall forthwith become
a lien upon the lands where the violation existed and shall be added
to, become and form part of the taxes next to be assessed and levied
upon the lands, to bear interest at the same rate as taxes, and the
lien shall be collected and enforced in the same manner as taxes,
pursuant to the statutes governing the subject matter.
[Amended 9-12-2018 by Ord. No. 2018-14]
(1)
The enforcement officers designated in this section shall be authorized
to issue a notice to a creditor that has filed a summons and complaint
in an action to foreclose on a residential property within the Borough,
if the enforcement officer determines that the creditor has violated
this section by failing to provide for the care, maintenance, security,
and upkeep of the exterior of a vacant and abandoned property. Where
a creditor is an out-of-state creditor, the notice shall be issued
to the representative or agent that has been identified by the creditor
pursuant to this article.
(2)
The issuance of a notice pursuant to this section shall constitute
proof that a property is vacant and abandoned for the purposes of
this section.
In any case where a provision of this article is found to be
in conflict with or inconsistent with a provision of any other ordinance
or code of this municipality which establishes a lower standard for
the promotion and protection of the safety, health and welfare of
the people, the provisions of this article shall prevail, and such
other ordinances or codes or parts thereof are hereby declared to
be repealed to the extent that they may be so found to be in conflict
with this article.
