[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 6-27-2022 by Ord. No. 710.[1] Amendments noted where applicable.]
It is the purpose and intent of the Borough of Buena to establish
a process to address the deterioration and blight of Borough neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the Borough, and to identify, regulate,
limit and reduce the number of foreclosure properties located within
the Borough. It is the Borough's further intent to participate
in the countywide 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 foreclosure properties.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates different meaning.
Any real property located in the municipality, whether vacant
or occupied, that has had a 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, the foreclosure action has been dismissed, and any
default on the mortgage has been cured.
A property that is accessible through a comprised/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 Borough's Zoning
Code, the Code of the Borough of Buena ("Borough Code"), and the New
Jersey Building 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 Borough
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 Borough and Zoning Codes.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the municipality to enforce the applicable
code(s).
The legal process by which a mortgagee terminates a mortgagor's
interest in real property either to obtain legal and equitable title
to the real property pledged as security for a debt or to force a
sale of said property to satisfy a debt. For purposes of this chapter,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this chapter,
the process is not concluded until the property is sold to a bona
fide purchaser not related to the mortgagee in an arm's-length
transaction whether by Sheriff's sale, private sale following
a Sheriff's sale, or private sale following the vesting of title
in the mortgagee pursuant to a judgment.
The creditor, including, but not limited to, 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, 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 municipality above and beyond any
other state, county or local provisions for same.
The Borough or designee shall participate in the countywide
registration program established by the Atlantic County Improvement
Authority which catalogs each foreclosure property within the municipality,
containing the information required by this chapter.
A.
Any mortgagee who holds a mortgage on real property located within
the Borough of Buena shall perform an inspection of the property to
determine vacancy or occupancy upon the commencement of foreclosure
as evidenced by a foreclosure filing. The mortgagee shall, within
10 days of the inspection, register the property with the Code Enforcement
Officer, or designee, on forms or website access provided by the Borough,
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 and, within
10 days of that inspection, update the property registration to a
vacancy status on forms provided by the Borough.
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 email address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company located in the State of
New Jersey responsible for the security and maintenance of the property.
D.
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration.
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 Borough 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 chapter is a violation of the chapter and shall be subject
to enforcement.
K.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Borough may
take the necessary action to ensure compliance 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
from obtaining all required licenses, permits and inspections required
by applicable code or state statutes.
M.
If the mortgage and/or servicing on a property is sold or transferred,
the new mortgagee is subject to all the terms of this chapter. 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.
N.
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 chapter. 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.
A.
Properties subject to this chapter 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 Chapter 181 of the Borough of Buena Code. Pursuant to a finding and determination by the Borough's Code Enforcement Officer/Borough Council, or a court of competent jurisdiction, the Borough 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 these sections 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 default, 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 chapter and any other applicable laws.
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 Borough.
Any person who shall violate the provisions of this article may be cited and fined as provided in Chapter 181 of the Code of the Borough of Buena and New Jersey Statutes. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the Borough Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant Borough Code section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within
|
$500
|
Adherence to this chapter 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 Borough'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 chapter 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 Borough Council
or their designee as soon as possible to address the conditions of
the property.
B.
The Borough Council 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
Borough Council or their designee may direct the Department of Public
Works or such other outside company to abate the violations and charge
the mortgagee with the cost of the abatement.
D.
If the mortgagee does not reimburse the Borough for the cost of temporarily
securing the property, or of any abatement directed by the Borough
Council or their designee, within 30 days of the Borough sending the
mortgagee the invoice, then the municipality 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 chapter 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 Borough
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 chapter.
