Township of Marlboro, NJ Article III Vacant and Abandoned Properties

[Adopted 3-2-2017 by Ord. No. 2017-6]

§ 278-19 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CREDITOR

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 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, Section 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.

PROPERTY

Any portion of improved or unimproved real estate located within the Township of Marlboro which includes the buildings or structures or portions thereof located on it regardless of condition.

VACANT AND ABANDONED PROPERTY

Consistent with Section 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73), residential real estate, where a notice of violation has been issued pursuant to Section E(2) and Subsection b. of Section 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s), residential property shall be deemed vacant and abandoned where a mortgaged property is not occupied by a mortgagor or tenant and at least two of the following conditions exist:

A. Overgrown or neglected vegetation;

B. The accumulation of newspapers, circulars, flyers or mail on the property;

C. Disconnected gas, electric, or water utility services to the property;

D. The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;

E. The accumulation of junk, litter, trash or debris on the property;

F. The absence of window treatments such as blinds, curtains or shutters;

G. The absence of furnishings and personal items;

H. Statements of neighbors, delivery persons, or government employees indicating that the residence is vacant and abandoned;

I. Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;

J. Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;

K. 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;

L. 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;

M. 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;

N. A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;

O. Any other reasonable indicia of abandonment.

§ 278-20 Registration requirements.

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 later; or within 10 calendar days of receipt of notice from the Township, and annually thereafter, file a registration statement for such vacant and abandoned property with the Municipal Clerk and Code Enforcement Officer on forms provided by the Township for such purposes. Any failure to receive notice from the Township shall not constitute grounds for failing to register the vacant and abandoned property.

A. Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.

B. The registration statement shall include:

(1) The name, street address, telephone number, and email address (if applicable) of a person 21 years or older, designated by the creditor as the authorized agent 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;

(2) The name, street address, telephone number, and email 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 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.

C. The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be prorated through December 31. The creditor shall be required to renew the registration annually as long as the building remains a vacant property or a portion thereof remains vacant and shall pay a registration or renewal fee in the amount prescribed in § 278-22 of this article, for each vacant property registered. The creditor shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in § 278-22 of this article, for each vacant property registered.

D. The annual renewal shall be completed by January 1 each year. The initial registration fee shall be prorated for registration statements received less than 10 months prior to that date.

E. The creditor shall notify the Municipal Clerk and Code Enforcement Officer within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Code Enforcement Officer for such purpose.

F. 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 Township against the creditor.

§ 278-21 Creditor responsibility.

A. A creditor filing a summons and complaint in an action to foreclose on a residential property within the Township shall be immediately responsible for the care, maintenance, security and upkeep of the exterior of the property, after the property becomes vacant and abandoned as defined in this article.

B. Where a creditor is located out of state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsection A. Notice of said representative or agent shall be provided to the Municipal Clerk and Code Enforcement Officer pursuant to § 278-20B and pursuant to Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).

§ 278-22 Fee schedule.

The initial registration fee for each building or portion thereof shall be $500. The fee for the first renewal is $1,500, and the fee for the second renewal is $3,000. The fee for any subsequent renewal beyond the second renewal is $5,000.

§ 278-23 Maintenance of property; notice of violation.

A. The enforcement officer designated in this article 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 Township, if the enforcement officer determines that the creditor has violated this article 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 § 278-21B and Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).

B. The notice referenced in Subsection A 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.

C. The issuance of a notice pursuant to Subsection A shall constitute proof that a residential property is vacant and abandoned for the purposes of this article.

§ 278-24 Violations and penalties.

A. A creditor subject to this article that is found by the Municipal Court of the Township, 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 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.

B. An out-of-state creditor subject to this article that is found by the Municipal Court of the Township, 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 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.

C. A creditor subject to this article that is found by the Municipal Court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to register a vacant and abandoned property pursuant to Section B 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 Township pursuant to § 278-20.

D. No less than 20% of any money collected by the Township pursuant to this article shall be utilized by the Township for municipal code enforcement purposes.

§ 278-25 Severability.

Should any section, paragraph, sentence, clause or phrase of this article be declared unconstitutional or invalid for any reason, the remaining portions of this article shall not be affected thereby and shall remain in full force and effect, and to that end the provisions of this article are hereby declared to be severable.