[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 31.
Fire prevention — See Ch. 42.
Garbage, rubbish and refuse — See Ch. 47.
Littering — See Ch. 55.
Public health nuisances — See Ch. 59.
Rental property — See Ch. 66.
Streets and sidewalks — See Ch. 75.
Vandalism, graffiti and other property offenses — See Ch. 84.
Abandoned and inoperable vehicles — See Ch. 84A.
Weeds and obnoxious growths — See Ch. 91.
[Adopted 12-2-2014 by Ord. No. 3-2014]
In conformity with N.J.S.A. 46:10B-51, the intent of this article
is to provide for the enforcement of Borough property maintenance
standards and the State Housing Code against vacant properties pending
foreclosure.
A.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on residential property located within the Borough of
Washington shall serve the Municipal Clerk with a notice indicating
that a summons and complaint in an action to foreclose on a mortgage
has been filed against the subject property. The notice may contain
information about more then one property and shall be provided by
mail or electronic communication at the discretion of the Municipal
Clerk.
B.
The notice shall be served within 10 days of service of a summons
and complaint in an action to foreclose on a mortgage against the
subject property.
C.
Within 60 days of the adoption of this article, any creditor that
has initiated a foreclosure proceeding on any residential property
which is pending in Superior Court shall provide to the Municipal
Clerk a notice as described below for all residential properties in
the Borough for which the creditor has pending foreclosure actions.
D.
Pursuant to N.J.S.A. 46:10B-51a(1), the notice shall contain:
(1)
The name and contact information for the representative of the creditor
who is responsible for receiving complaints of property maintenance
and code violations;
(3)
The street address, lot and block number of the property; and
(4)
The full name and contact information of an individual located within
the state authorized to accept service on behalf of the creditor.
A.
If the owner of a residential property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a property
is otherwise vacated subsequent to the filing of the summons and the
complaint, but prior to the vesting of title in any third party; and
if the property is found to be nuisance or in violation of any applicable
state or local code, the local public officer shall notify the creditor.
B.
The creditor shall have the responsibility to abate the nuisance
or correct the violation in the same manner and to the same extent
as the title owner of the property, to such standard or specification
as may be required by state law or municipal ordinance.
In the event of a violation of a state or local ordinance, the
municipality shall serve the creditor with a notice that shall include
a description of the condition(s) that gave rise to the violation
with the notice and shall provide a period of not less then 30 days
from the creditor's receipt of the notice for the creditor to remedy
the violation, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
If the Borough expends public funds in order to abate a nuisance or correct a violation on a residential property in which the creditor was given notice pursuant to the provisions of § 65-4 but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have had against the title owner of the property, including, but not limited to, the recourse provided at N.J.S.A. 55:19-100.
[Adopted 8-16-2022 by Ord. No. 2022-08[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Registration and Maintenance of Vacant and Abandoned Properties, adopted 5-16-2017 by Ord. No. 2017-07.
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 a different meaning.
To include, but not be limited to, the Borough of Washington
Code of Ordinances ("Borough Code"), and the New Jersey Building Code.
As defined in accordance with N.J.S.A. 40:48-2.12s2(d), means
state-chartered bank, savings bank, savings and loan association or
credit union, any person required to be licensed under the provisions
of the New Jersey Residential Mortgage Lending Act, Sections 1 through
39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and
any entity acting on behalf of the creditor named in the debt obligation,
including, but not limited to, servicers. For purposes of this section,
a "creditor" shall not include the state, a political subdivision
of the state, or a state, county, or local government entity, or their
agent or assignee, such as the servicer.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Borough of Washington 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 article,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this article,
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.
As defined in accordance with N.J.S.A. 40:48-2.12s3(b)(8),
shall mean property that 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;
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 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
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 Borough of Washington above and
beyond any other state, county or local provisions for same.
Pursuant to the provisions of § 65-10, the Borough of Washington or its designee shall establish a vacant and abandoned property registry containing the information required by this article.
A.
Any creditor who holds a mortgage or equity lien on real property
located within the Borough shall perform an inspection of the property
to determine vacancy or occupancy, upon the commencement of foreclosure
as evidenced by a foreclosure filing. The creditor shall, within 10
days of the inspection, register the property with the Borough Code
Enforcement Official, or its 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 creditor or his designee monthly until 1) the
mortgagor or other party remedies the foreclosure, or 2) it is found
to be vacant or shows evidence of vacancy at which time it is deemed
abandoned, and the mortgagee shall, 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
creditor and the servicing entity, if any, the direct mailing address
of the mortgagee and the servicing entity, 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 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.
On each anniversary date of the initial registration, the creditor
shall submit a renewal registration and fee as follows:
(1)
Five hundred dollars per property annually for any property that
is required to be registered because a summons and complaint in an
action to foreclose was filed by the creditor; and
(2)
An additional $2,000 per property annually if the property is vacant
or abandoned pursuant to the definition in this article when the summons
and complaint in an action to foreclose is filed, or becomes vacant
and abandoned pursuant to the definition in this article at any time
thereafter while the property is in foreclosure.
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 creditor, mortgagee,
servicer, or trustee. 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 creditor 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 with 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 creditor
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 creditor is subject to all the terms of this chapter. Within
10 days of the transfer, the new creditor 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 creditor's involvement
with the registrable property.
N.
If the creditor 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 creditor will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that creditor's involvement with the registrable property.
A.
Properties subject to this article 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.
Properties subject to this article 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 this chapter, Chapter 59 (Nuisances, Public Health), Chapter 75 (Streets and Sidewalks), and Chapter 91 (Weeds and Obnoxious Growths) of the Borough Code. Pursuant to a finding and determination by the Borough's Code Enforcement Officer 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 this chapter 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 vacant and 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 chapter
shall be cited and fined by one or more of the following: imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; or
by a fine not less than $500 nor exceeding $1,250; or by a period
of community service not exceeding 90 days. Any person who is convicted
of violating this chapter within one year of the date of a previous
violation of the same section, and who was fined for the previous
violation, shall be sentenced by a court to an additional fine as
a repeat offender. The additional fine imposed by the court upon a
person for a repeated offense shall not be less than the minimum or
exceed the maximum fine fixed for a violation of this chapter, but
shall be calculated separately from the fine imposed for the violation
of this chapter.
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).
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 a court of competent
jurisdiction as soon as possible to address the conditions of the
property.
B.
The Code Enforcement Officer 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
Code Enforcement Officer may direct the municipality 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 Code Enforcement
Board or Special Magistrate, within 30 days of the Borough sending
the mortgagee the invoice, then the Borough 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 Code 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.
