Township of Ocean, NJ Vacant and Abandoned Residential Properties

Any real property located in the Township of Ocean, whether vacant or occupied, that is encumbered by a mortgage subject to an ongoing foreclosure action by the mortgagee or trustee, has been the subject of a foreclosure action by a mortgagee or trustee and a judgment has been entered, or has 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. The designation of a "foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a nonrelated bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed; or

Any property that is vacant for more than 30 days or any cancellation of utility or service, whichever occurs first.

REGISTRY

A web-based electronic database of searchable real property records, used by the Township of Ocean to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required in this article.

UTILITIES AND SERVICES

Any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Township of Ocean codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.

VACANT

Any parcel of land in the Township of Ocean that contains any building or structure that is not lawfully occupied.

VACANT AND ABANDONED

In accordance with N.J.S.A. 40:48-2.12s3(b)(8), a property shall be considered vacant and abandoned if it is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, because of the presence or finding of at least two of the following:

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 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;

(10)

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

(11)

A risk to the 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;

(12)

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;

(13)

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;

(14)

A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or

(15)

Any other reasonable indicia of abandonment.

Applicability and jurisdiction. This article applies to foreclosing, foreclosed, and vacant property within the Township of Ocean.

Establishment of registry. Pursuant to the provisions of Subsections F and G, the Township of Ocean, or its designee, shall establish a registry cataloging each registrable property within the Township of Ocean, containing the information required by this article.

Inspection and registration of real property under foreclosure.

Any creditor or mortgagee filing a summons and complaint in an action to foreclose real property in the Township of Ocean shall, in addition to the notice provided to the municipality pursuant to N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2, register the residential or commercial property with the Township's property registration program within 10 days of filing the summons and complaint in an action to foreclose, as a property in foreclosure and, as part of that registration:

(a)

Provide the Township with the information regarding the creditor required by N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2;

(b)

Appoint a property manager to inspect, maintain and secure the real property subject to the mortgage in foreclosure;

(c)

Provide the name of the creditor or mortgagee, the mailing address of the mortgagee, email address, telephone number and name of the property manager and said person's address, email address, and telephone number, regardless of whether it is occupied or vacant;

(d)

Identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing;

(e)

Identify whether the property is vacant and abandoned in accordance with the definition herein under § 280-21B; and

(f)

Register a separate registration for each property subject to filing a summons and complaint in an action to foreclose real property.

Any mortgagee who holds a mortgage on real property located within the Township shall perform an inspection of the property upon default by the mortgagor as evidenced by the filing of a foreclosure action.

Property inspected pursuant to Subsection E(1) above that remains in foreclosure shall be inspected every 30 days by the creditor or mortgagee. If an inspection shows a change in the property's occupancy status, the creditor or mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.

If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to register pursuant to the property registration program following the filing of the summons and complaint, the creditor shall update the property registration program within 10 days of the change in that information.

A creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned as defined in § 280-21B after the property is initially registered with the Township, update the property registration with the Township to reflect the change in the property's status within 10 days of the inspection performed under Subsection E(3) above.

A creditor filing a summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the property registration program;

Any mortgagee or creditor located out-of-state shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor and shall provide the name and contact of said in-state representative or agent to the Township Administrator within 10 days of the appointment of same.

At the time of initial registration, each registrant shall pay a nonrefundable annual registration fee of $500 for each property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor. Subsequent nonrefundable annual registrations of properties and fees in the amount of $500 are due within 10 days of the expiration of the previous registration. An additional $2,000 per property shall be assessed annually if the property is vacant or abandoned pursuant to § 280-21B when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to § 280-21B at any time thereafter while the property is in foreclosure. Said fees shall be deposited to a special account in the Township's department dedicated to the cost of implementation and enforcement of this article and fulfilling the purpose and intent of this article. None of the funds provided for in this section shall be utilized for the legal defense of foreclosure actions.

If the mortgage and/or servicing on a property is sold or transferred, the new mortgagee is subject to all the terms of this article. Within 10 days of the transfer, the new mortgagee shall register the property or update the existing registration. The previous mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee's involvement with the registrable property.

(10)

If the mortgagee sells or transfers the registrable property in a non-arm's-length transaction to a related entity or person, the transferee is subject to all the terms of this article. Within 10 days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the mortgagee was at the time registration was required, including but not limited to unregistered periods during the foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration. The previous mortgagee will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee's involvement with the registrable property.

(11)

This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the mortgagee as well as any properties transferred to the mortgagee under a deed in lieu of foreclosure or by any other legal means.

(12)

Properties subject to this section shall remain subject to the annual registration requirement and the inspection, security, and maintenance standards of this section as long as the property remains registrable.

(13)

Failure of the mortgagee and/or property owner of record to properly register or to modify the registration to reflect a change of circumstances as required by this article is a violation of this article and shall be subject to enforcement by any of the enforcement means available to the Township.

(14)

If any property is in violation of this article, the Township may take the necessary action to ensure compliance with and/or place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to bring the property into compliance.

(15)

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. The mortgagee and/or owner is expected to update the status of the property in the event of a mortgagee-managed rental.

Inspection and registration of real property that is not subject to mortgage in foreclosure.

Any owner of vacant property located within the Township of Ocean shall, within 10 days after the property becomes vacant, register the real property with the Township of Ocean registry.

Initial registration pursuant to this section shall contain, at a minimum, the name of the owner, the mailing address of the owner, email address, and telephone number of the owner and, if applicable, the name and telephone number of the property manager and said person's address, email address, and telephone number.

Each individual property on the registry that has been registered for 12 months or more prior to the effective date shall have 30 days to renew the registration and pay the annual renewal fee.

If the property is sold or transferred, the new owner is subject to all the terms of this article. Within 10 days of the transfer, the new owner shall register the vacant property or update the existing registration. The previous owner(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner's involvement with the vacant property.

If the vacant property is not registered, or either the initial registration fee or the annual renewal fee is not paid within 30 days of when the fee is required pursuant to this section, a late fee equivalent to 10% of the annual renewal fee shall be charged for every thirty-day period, or portion thereof, the property is not registered and shall be due and payable with the registration. This section shall apply to the initial registration and registrations required by subsequent owners of the vacant property.

Properties subject to this section shall remain subject to the annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property is vacant.

Failure of the owner to properly register or to modify the registration to reflect a change of circumstances as required by this article is a violation of this article and shall be subject to enforcement by any of the enforcement means available to the Township of Ocean.

If any property is in violation of this article, the Township of Ocean may take the necessary action to ensure compliance with and place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to bring the property into compliance.

Properties registered as a result of this section are not required to be registered again pursuant to the foreclosure mortgage property section.

Maintenance requirements.

Properties subject to this article shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper 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.

Registrable 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.

Front, side, and rear yards, including landscaping, of registrable property shall be maintained in accordance with the applicable code(s) at the time registration is required.

Registrable 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. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.

Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.

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).

Failure of the mortgagee, owner, and transferees to properly maintain the property as required by this article may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with the applicable code of the Township of Ocean. Pursuant to a finding and determination by the Township of Ocean Sheriff, Magistrate or a court of competent jurisdiction, the Township of Ocean may take the necessary action to ensure compliance with this section.

In addition to the above, the property is required to be maintained in accordance with the applicable code(s) of the Township of Ocean.

Security requirements; posting of information.

Properties subject to these sections shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

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.

If a property is registrable and the property has become vacant or blighted, a property manager shall be designated by the creditor, mortgagee or owner 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.

In addition to the above, the property is required to be secured in accordance with the applicable code(s) of the Township.

When a property subject to this article becomes vacant, it shall be posted with the name, address and telephone number of the creditor or out-of-state creditor's in-state representative or agent for the purpose of receiving service of process. There shall also be posted the name of the property manager, email address and twenty-four-hour contact telephone number of the property manager. The property manager shall be available to be contacted by the Township Monday through Friday between 9:00 a.m. and 5:00 p.m., legal holidays excepted. The sign shall be placed in a window facing the street and shall be visible from the street. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet. The posting shall contain the following language with supporting information:

CREDITOR (OR IF APPLICABLE, OUT-OF-STATE CREDITOR'S IN-STATE REPRESENTATIVE OR AGENT):

___________________________________________________

CREDITOR'S ADDRESS: ______________________________

___________________________________________________

CREDITOR'S TELEPHONE NUMBER: ___________________

THIS PROPERTY IS MANAGED BY _____________________

AND IS INSPECTED ON A REGULAR BASIS.

THE PROPERTY MANAGER CAN BE CONTACTED

__________________________________________________

BY TELEPHONE AT ________________________________

OR BY EMAIL AT __________________________________

The posting required in Subsection H(5) above 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.

Failure of the mortgagee and/or property owner of record to properly inspect and secure a property subject to this article, and post and maintain the signage noted in this section, is a violation and shall be subject to enforcement by any of the enforcement means available to the Township of Ocean. The Township of Ocean may take the necessary action to ensure compliance with this section, and recover costs and expenses in support thereof.

Provisions supplemental. The provisions of this article are cumulative with and in addition to other available remedies. Nothing contained in this article shall prohibit the Township of Ocean from collecting on fees, fines, and penalties in any lawful manner; or enforcing its codes by any other means, including, but not limited to, injunction, abatement, or as otherwise provided by law or ordinance.

Public nuisance. All registrable property is at risk of being a public nuisance and if vacant or blighted can constitute 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 of Ocean.

Additional authority.

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 or owner and may bring the violations before the Code Enforcement Committee or Special Magistrate as soon as possible to address the conditions of the property. Nothing herein shall limit the Township from abating any nuisance or unsafe condition by any other legal means available to it. In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, such 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 the notice if the violation presents an imminent threat to public health and safety.

The Sheriff, code enforcement, governing body or Special Magistrate shall have the authority to require the mortgagee or owner 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.

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 Sheriff, code enforcement, governing body or Special Magistrate may direct the Township of Ocean to abate the violations and charge the mortgagee or owner with the cost of the abatement.

If the mortgagee or owner does not reimburse the Township of Ocean for the cost of temporarily securing the property, or of any abatement directed by the Sheriff, Code Enforcement Officer, code enforcement, governing body or Special Magistrate, within 30 days of the Township of Ocean sending the mortgagee or owner the invoice, then the Township of Ocean may lien the property with such cost, along with an administrative fee as determined in the Township of Ocean's fee ordinance to recover the administrative personnel services. In addition to filing a lien, the Township of Ocean may pursue financial penalties against the mortgagee or owner.

The Township of Ocean may contract with an entity to implement this article, and, if so, any reference to the "enforcement officer" herein shall include the entity the Township of Ocean contracts with for that purpose.

Opposing, obstructing enforcement officer; penalty. 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.

Immunity of enforcement officer. Any enforcement officer or any person authorized by the Township of Ocean 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.

Violations and penalties.

A creditor or mortgagee found by the Municipal Court of the Township in which the property subject to this article is located, or by any other court of competent jurisdiction, to be in violation 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 of violation, 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.

An out-of-state creditor found by the Municipal Court of the Township in which the property subject to this article is located, 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 N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s3 for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.

Amendments. Registration fees and penalties outlined in this article may be modified by resolution, administrative order, or an amendment to this chapter, passed and adopted by the governing body.

§ 280-21.1 Municipal powers to rehabilitate abandoned and vacant properties.

Public Officer. The Public Officer, as defined in N.J.S.A. 55:19-80, who is responsible for executing the provisions of this article for the rehabilitation of abandoned property, shall be designated by resolution of the Township Committee.

Abandoned property. The Public Officer shall designate a property as an "abandoned property" if said property meets the criteria set forth in N.J.S.A. 55:19-81 (abandoned property criteria) and/or N.J.S.A. 55:19-82 (nuisance property criteria). The Public Officer's designation is limited by the provisions of N.J.S.A. 55:19-83.

Abandoned Property List. The Public Officer shall establish an Abandoned Property List pursuant to N.J.S.A. 55:19-55. An interested party (as that term is defined in N.J.S.A. 55:19-105a) may request that the Public Officer include a property on the Abandoned Property List, pursuant to N.J.S.A. 55:19-105.

Rights of owner of abandoned properties. The owner of a property on the Abandoned Property List has such rights designated to said owner by the enabling statutes. Such powers include, but are not limited to:

Challenging the inclusion of a property on the Abandoned Property List, pursuant to N.J.S.A. 55:19-55e;

Seeking removal from said list, pursuant to N.J.S.A. 55:19-57 and 55:19-103;

Petitioning for reinstatement of control and possession, pursuant to N.J.S.A. 55:19-92 et seq.

Municipal powers. The Township of Ocean has such powers and rights regarding abandoned properties as set forth in the enabling statutes. Such powers include, but are not limited to:

Sale of tax lien, pursuant to N.J.S.A. 55:19-56;

Special tax sales, pursuant to N.J.S.A. 55:19-101;

Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;

Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100;

Possession and control of property, pursuant to N.J.S.A. 55:19-84 to 55:19-92 et seq.;

Rehabilitation and reuse of property, while in possession and control, pursuant to N.J.S.A. 55:19-90;

Borrowing money and making applications for rehabilitation of property, while in possession and control, pursuant to N.J.S.A. 55:19-91;

Sale of property, pursuant to N.J.S.A. 55:19-96;