[HISTORY: Adopted by the Township Committee of the Township
of Maplewood 5-21-2019 by Ord. No. 2957-19;[1] amended in its entirety 3-21-2023 by Ord. No. 3089-23. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 205,
Vacant and Abandoned Property, which consisted of Art. I, Registration
of Residential Property, adopted 2-20-2018 by Ord. No. 2891-18.
As used in this chapter, the following terms shall have the
meanings indicated:
Twelve months from the date of the first action that requires
registration, as determined by the Township, or its designee, and
every subsequent 12 months. The date of the initial registration may
be different than the date of the first action that required registration.
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Township to enforce the applicable code(s).
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to, overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash, junk, or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lienholder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. This definition shall include, but is not limited to,
a complaint and summons filed with respect to foreclosure on a mortgage,
a lis pendens filed against it by the lender holding a mortgage on
the property, a deed-in-lieu of foreclosure, sale to the mortgagee
or lienholder, certificate of title and all other processes, activities
and actions, by whatever name, associated with the described process.
The legal process is not concluded until the property obtained by
the mortgagee, lienholder, or their designee, by certificate of title,
or any other means, is sold to a nonrelated bona fide purchaser in
an arm's length transaction to satisfy the debt or lien.
The creditor, including, but not limited to, trustees; mortgage
servicing companies; 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; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities.
Every person or entity who, alone or severally with others,
has legal or equitable title to any real property as defined by this
chapter, has legal care, charge, or control of any such property;
is in possession in or control of any such property; and/or is vested
with possession or control of any such property. The property manager
shall not be considered the owner.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number located in the
Township limits.
Any real property located in the Township, whether vacant or
occupied, that is encumbered by a mortgage in Default as evidenced
by 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 and/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.
A web-based electronic database of searchable real property
records used by the Township to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
chapter.
Six months from the date of the first action that requires
registration, as determined by the Township, or its designee, and
every subsequent six months. The date of the initial registration
may be different than the date of the first action that required registration.
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 codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any parcel of land in the Township that contains any building
or structure that is not lawfully occupied.
A.Â
The owner of any registrable property as defined herein shall, within
10 days after the building becomes registrable property or within
10 days after assuming ownership of the registrable property, or within
10 calendar days after receipt of notice from the Township, file a
registration statement for each such registrable property with the
Building Department on forms provided by the Township or designee
for such purposes.
B.Â
The registration of real property that is not subject to a mortgage
in foreclosure shall remain valid for six months from the date of
registration. The owner shall be required to renew the registration
every six months as long as the building remains registrable property
and shall pay a registration or renewal fee in the amount prescribed
herein for each registrable property registered. Upon a change of
ownership, a registration statement must be updated within 10 days
of closing.
C.Â
The registration real property that is subject to a mortgage in foreclosure
shall remain valid for 12 months from the date of registration. The
mortgagee shall be required to renew the registration every 12 months
as long as the building remains registrable property and shall pay
a registration or renewal fee in the amount prescribed herein for
each registrable property registered. Upon a change of ownership,
a registration statement must be updated within 10 days of closing.
D.Â
Each individual real property that is subject to a mortgage in foreclosure
on the registry that has been registered for six months or more prior
to the effective date shall have 30 days to renew the registration
and pay the nonrefundable annual registration fee. Properties registered
less than six months prior to the effective date shall renew the registration
every 12 months from the expiration of the original registration renewal
date and shall pay the nonrefundable annual registration fee.
E.Â
Any owner or mortgagee of any building that meets the definition
of "registrable property" prior to the effective date of this chapter
shall file a registration statement for that property within 30 days
of the effective date of this chapter. The registration statement
shall include the information required in this chapter, as well as
any additional information that the Building Department may reasonably
require.
F.Â
The owner or mortgagee shall notify the Building Department within
10 days of any change in the registration information by updating
the registration statement in a form provided by the Building Department
for such purposes.
G.Â
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 owner or
owners of the building.
H.Â
Registration of registrable 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 property owner is expected
to update the status of the property in the event of a mortgagee-managed
rental.
Registration fees and penalties outlined in this chapter relating
to registration of properties subject to foreclosure may be modified
by amendment to this chapter passed and adopted by the Board of Commissioners.
After filing a registration statement or a renewal of a registration
statement, the mortgagee or owner of any registrable property shall
provide access to the Township to conduct an exterior and interior
inspection of the building to determine compliance with the Municipal
Code, following reasonable notice, during the period covered by the
initial registration or any subsequent renewal.
A.Â
The registration statement shall include the name, street address
and telephone number of a natural person 21 years of age or older,
designated by the mortgagee, owner or owners 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 mortgagee, owner or owners in connection with the
enforcement of any applicable code. This person must maintain an office
in the State of New Jersey or reside within the State of New Jersey.
The statement shall also include the name of the person responsible
for maintaining and securing the property, if different.
B.Â
An owner who is a natural person and who meets the requirements of
this chapter as to location of residence or office may designate himself
or herself as agent.
C.Â
By designating an authorized agent under the provisions of this section,
the mortgagee or owner consents to receive any and all notices of
code violations concerning the registered property and all process
in any court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered building by service
of the notice or process on the authorized agent. Any mortgagee or
owner who has designated an authorized agent under the provisions
of this section shall be deemed to consent to the continuation of
the agent's designation for the purposes of this section until
the mortgagee or owner notifies the Building Department of a change
of authorized agent or until the mortgagee or owner files a new annual
registration statement. The designation of an authorized agent in
no way releases the mortgagee or owner from any requirement of this
chapter.
A.Â
At the time of initial registration, each registrant of real property
that is not subject to a mortgage in foreclosure shall pay a nonrefundable
semiannual registration fee of $500 for each registrable property.
Subsequent semiannual registrations of registrable properties and
fees in the amount of $500 are due within 10 days of the expiration
of the previous registration. Said fees shall be used to offset the
costs of 1) registration and registration enforcement, 2) code enforcement
and mitigation related to registrable properties, 3) post-closing
counseling and foreclosure intervention limited to owner-occupied
persons in default, which may not include cash and mortgage modification
assistance, and 4) for any related purposes as may be adopted in the
policy set forth in this chapter. Said fees shall be paid to the Township
or its designated vendor, at the discretion of the Township, and shall
be dedicated to the cost of implementation and enforcement of this
chapter and fulfilling the purpose and intent of this chapter. None
of the funds provided for in this section shall be utilized for the
legal defense of foreclosure actions.
B.Â
At the time of initial registration, each mortgagee of real property
that is subject to a mortgage in foreclosure shall pay a nonrefundable
annual registration fee of $500 for each registrable property. Subsequent
annual registrations of registrable properties and fees in the amount
of $500 are due within 10 days of the expiration of the previous registration.
C.Â
If the registrable 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 registration 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.
The owner of any vacant property, and any person maintaining,
operating or collecting rent for any vacant property, shall, within
30 days:
A.Â
Enclose and secure the premises against unauthorized entry as provided
in the applicable provisions of the Municipal Code.
B.Â
Post a sign affixed to the premises indicating the name, address
and telephone number of the owner, the owner's authorized agent
for the purpose of service of process and the person responsible for
day-to-day supervision and management of the premises, if such person
is different from the owner holding title or the authorized agent.
The sign shall be of a size and placed in such a location so as to
be legible from the nearest public street or sidewalk, whichever is
nearer, but shall be no smaller than 18 inches by 24 inches.
C.Â
Maintenance. Maintain vacant property for the entire period of vacancy
in accordance with all applicable local and state property maintenance
codes or ordinances, building codes, health codes and fire codes pertaining
to the exterior condition and appearance of the building, the safety
and structural integrity of the building, the outdoor portion of the
property, the condition and safety of accessory structures on the
property, and any conditions on the property which constitute a hazard
or adversely affect the health and safety of persons who may have
contact with the vacant property.
(1)Â
Promptly repair all broken windows, doors and other openings and
unsafe conditions. Boarding up of open and broken windows and doors
is prohibited, except as a temporary measure for no longer than 45
consecutive days, which period may be extended at the discretion of
the Fire Official. Boards or coverings must be installed and painted
in accordance with Township specifications.
(2)Â
Provide access to the vacant property promptly upon reasonable notice
to permit municipal employees, or inspectors acting on behalf of the
Township, to conduct exterior and interior inspections to determine
compliance with municipal and or other applicable codes. Owners of
vacant properties are deemed to consent to immediate access to the
vacant property in order to inspect and/or correct any conditions
that create a danger to the public health, safety and welfare.
The Building Department may issue rules and regulations for
the administration of the provisions of this chapter.
B.Â
Every day that a violation continues shall constitute a separate
and distinct offense. Fines assessed under this chapter shall be recoverable
from the owner and shall be a lien on the property.
C.Â
For purposes of this section, failure to file a registration statement
in accordance with above, failure to provide correct information on
the registration statement, failure to update registration information
or failure to comply with any provisions of this chapter shall be
deemed to be violations of this chapter.
D.Â
Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3 g.(1): "An out-of-State
creditor subject to an ordinance adopted pursuant to subsection a.
of this section found by the municipal court of the municipality in
which the property subject to the ordinance 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 the ordinance
shall be subject to a fine of up to $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 (C.46:10B-51) or paragraph (1) of subsection a.
of section 2 of P.L. 2021, c. 444 (C. 40:48-2.12s2) for providing
notice to the municipal clerk that a summons and complaint in an action
to foreclose on a mortgage has been served."
E.Â
Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3 g.(2): "A creditor
subject to an ordinance adopted pursuant to subsection a. of this
section found by the municipal court of the municipality in which
the property subject to the ordinance is located, or by any other
court of competent jurisdiction, to be in violation, excluding only
a violation addressed by paragraph (1) of this subsection, of the
ordinance shall be subject to a fine of $1,500 for each day of the
violation. Any fines imposed pursuant to this paragraph 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."
Nothing in this chapter is intended to or shall be read to conflict
or prevent the Township from taking action against buildings found
to be unfit for human habitation or unsafe structures, as provided
in applicable provisions of the Code of the Township of Maplewood,
or imposing a lien for costs on any property to the full extent permitted
by law. Further, any action taken under any such Code provision other
than the demolition of a structure shall relieve an owner from its
obligations under this chapter.
