[HISTORY: Adopted by the Township Committee of the Township
of Sandyston as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-10-2018 by Ord. No. 2018-02]
The Township Committee finds, determines and declares that:
A.
Sandyston
Township is a rural community that is heavily involved in eco-tourism
and its citizens have experienced disturbances, damage and public
expense resulting from carelessly granted and inadequately supervised
rentals to irresponsible tenants and/or vacationers by inept or indifferent
landlords.
B.
This section
is enacted to preserve the peace and tranquility of the community
for its permanent residents, and to maintain the municipality as a
viable vacation resort for all persons and families availing themselves
of the facilities in the community.
C.
The enactment
of this section is necessary and desirable to provide a means to curb
and discourage those occasional excesses arising from irresponsible
rentals, seasonal or otherwise.
D.
The Legislature
of the State of New Jersey enacted N.J.S.A. 40:48-2.12n et seq., to
enable certain communities to take effective action to assure that
excesses, when they occur, shall not be repeated, and that landlords
be held to sufficient standards of responsibility.
E.
Where the
Internet has created a virtual short term rental market without proper
supervision in which properties are rented with the purpose to make
parties and loud events.
For the purpose of this article, the following meanings shall
apply:
A licensed attorney of the State of New Jersey appointed
by the Township Committee. The hearing officer shall not own or lease
any real property within the Township of Sandyston, nor hold any interest
in the assets of or profits arising from the ownership of such property.
The person or persons who own or purport to own any building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, which building contains
no more than four dwelling units.
Any rental of residential accommodations for a term of less
than one year during the calendar year.
Rentals for less than 14 days.
A complaint which may form the basis for proceedings in accordance
with the provisions of this article which is reduced to writing.
A.
If, in
any twenty-four-month period, two or more written complaints, on separate
occasions, of conduct, including by way of example, but not limited
to, simple assault, assault, terroristic threats, harassment, lewdness,
urinating in public, criminal mischief, or excessive noise, upon or
in proximity to any rental premises, and attributable to the acts
or incitements of any of the tenants of those premises, have been
substantiated by prosecution and conviction in any court of competent
jurisdiction as a violation of any provision of Title 2C of the New
Jersey Statutes or any municipal ordinance governing disorderly conduct,
the Township Committee or his/her designee may institute proceedings
to require the landlord of the rental premises to post a bond against
the consequences of future incidents of the same character.
B.
In the event a tenant is convicted of any of the conduct described in Subsection A of this section, the Code Enforcement Officer shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the municipality.
(1)
The
Township Committee or his/her designee shall cause to be served upon
the landlord, in person or by registered mail, to the address appearing
on the tax records of the municipality, notice advising of the institution
of such proceedings, together with particulars of the substantiated
written complaint(s) upon which those proceedings are based, and of
the time and place at which the hearing will be held in the matter,
which shall be in the Municipal Building or Municipal Court, and which
shall be no sooner than 30 days from the date upon which the notice
is served or mailed.
C.
At the hearing convened pursuant to Subsection B(1) of this section, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented or offering such evidence, may present. The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this ordinance.
D.
Any bond
required to be posted shall be in accordance with the judgment of
the hearing officer, in light of the nature and extent of the offenses
indicated in the substantiated written complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
(1)
Damages
likely to be caused to public or private property consequent upon
disruption of affected residents' rights of fair use and quiet enjoyment
of their premises;
(2)
Securing
the payment of fines and penalties likely to be levied for such offenses;
and
(3)
Compensating
the municipality for the costs of repressing and prosecuting such
incidents of disorderly behavior; provided, however, no such bond
shall be in an amount less than $500 nor more than $5,000. The municipality
may enforce the bond thus required by an action in the Superior Court,
and shall be entitled to an injunction prohibiting the landlord from
making or renewing any lease of the affected premises for residential
purposes until that bond or equivalent security, in satisfactory form
and amount, has been deposited with the municipality.
(4)
Any bond or other security deposited in compliance with Subsection D(3) of this section shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 115-4 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by this subsection in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Township Committee may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated written complaints are recorded with respect to the property in question.
A.
If, during the period for which a landlord is required to give security pursuant to § 115-3, a substantiated written complaint is recorded against the property in question, the Township Committee or his/her designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension of the period for which the security is required, or for an increase in the amount of security required, or for any or all of those purposes.
B.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 115-3D. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in § 115-3D, and shall be taken only to the extent that the nature of the substantiated written complaint or complaints out of which proceedings arise under this action indicates the appropriateness of such change in order to effectually carry out the purposes of this article. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in § 115-3D.
[Adopted 2-15-2023 by Ord. No. 2023-01[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Vacant and Abandoned Properties, adopted 4-10-2018 by Ord. No. 2018-03.
It is the intent of this article, as further detailed within
its enabling ordinance, to enable the Township of Sandyston to engage
in the identification, registration, monitoring, and migration of
properties that are or may become vacant and abandoned to the fullest
extent permitted by P.L. 2021, c. 444,[1] in order to combat the immeasurable and deleterious effects
of blight arising from residential and commercial properties that
become vacant or abandoned during the foreclosure process.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
B.
A 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 Act, Sections 1 through 39
of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through N.J.S.A. 17:11C-89),
and any entity acting on behalf of the creditor named in the debt
obligation, including, but not limited to, servicers, who has filed
a complaint in the Superior Court seeking to foreclose upon a residential
or commercial mortgage. 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.
C.
A property shall be deemed "vacant and abandoned" for purposes of
this article if:
(1)
The property is not legally occupied by a mortgagor or tenant; and
(2)
The property is not legally reoccupied, because of at least two of
the following conditions:
(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 property 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 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(o)
Any other reasonable indicia of abandonment.
A.
The Township of Sandyston shall create and maintain a registry of
all commercial and/or residential properties within its municipal
boundaries for which a summons and complaint in an action to foreclose
has been filed with the New Jersey Superior Court, pursuant to its
authority granted by P.L. 2021, c. 444.[1] This registry will be formed and maintained to assist
the Township with regulating the maintenance, security, and upkeep
of properties which may become vacant and abandoned during the foreclosure
process in order to prevent the deleterious effects of blight associated
with vacant and abandoned properties that are not maintained.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
B.
The Township of Sandyston may, at its discretion, create, maintain
and administer this registry independently, retain the professional
services of a third party pursuant to the Local Public Contracts Law,
N.J.S.A. 40A: 11-1 et seq., or participate in a shared services agreement
with other local units, counties, and/or county improvement authorities
for the creation, maintenance and administration of the registry pursuant
to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1
et seq.
C.
Any third parties retained to create, maintain, and/or administer
the registry shall have the authority, on behalf of the Township,
to:
(1)
Identify properties subject to the registration requirement;
(2)
Maintain and update the registration list;
(3)
Communicate with creditors and or in-state representatives;
(4)
Invoice and collect payment of fees;
(5)
Monitor compliance; and
(6)
Such other functions, within the scope of P.L. 2021, c. 444, which
may be deemed necessary to carry out its function on behalf of the
Township.
D.
Any third parties retained to create, maintain, and/or administer
the registry shall be required to comply with the following reporting
and payment requirements:
(1)
Any and all amounts collected by the third party as part of its administration
of the Township's registry, including registration fees, interest,
and penalties, shall be paid in full directly to the Township or Sussex
County, and/or Sussex County Improvement Authority as applicable,
not less than once per year, or as otherwise directed by the Township.
No fees, payments, expenses, or other deductions shall be made from
this payment; payment for any third party's services under this
article shall be made by the Township, or as applicable, the county/County
Improvement Authority, directly to the third party under the terms
and conditions outlined within the contract for professional services.
(2)
Not less than once per year on the first business day of each calendar
year, or as otherwise may be requested by the Tax Collector, any third
party administering the Township's registry shall file with the
Tax Collector a certification identifying:
(a)
The address, block, lot and contact information of any property
for which registration fees under this article are due and owing at
this time of the certification;
(b)
The amount of the registration fees and, separately, any interest,
fines and other penalties due and owing at the time of the certification;
and
(c)
The date on which the property became eligible for inclusion
on the Township's registry.
E.
The Township's Municipal Clerk or his or her designee shall
serve as the municipal official responsible for notifying creditors,
establishing and maintaining the registry, determining eligibility
for designation as a vacant and abandoned property under this article,
and for imposing fees, penalties, and/or violations. The responsibility
herein may be designated to a third party, pursuant to the terms and
conditions of a contract by professional services consistent with
P.L. 2021, c. 444.[2]
[2]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
A.
Within 30 days of the effective date of this article, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located with the Township of Sandyston i) prior to the effective date of this article, and ii) which is pending as of the effective date of this article, shall provide notice in accordance with Subsection B of this section.
B.
Within 10 days of filing a summons and complaint with the New Jersey
Superior Court in an action to foreclose on a commercial and/or residential
mortgage for a property located in the Township of Sandyston, the
creditor shall notify the Municipal Clerk, or his or her designee,
of the action.
(1)
Such notice shall include:
(a)
The address, block and lot of the subject property;
(b)
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;
(c)
Whether the property is vacant and abandoned in accordance with
the definition in this article;
(d)
The full name, address and telephone number for the representative
of the creditor who is responsible for receiving notice of complaints
of property maintenance and code violations;
(e)
The full name, address, and telephone number of any person or
entity retained by the creditor or a representative of the creditor
to be responsible or any care, maintenance, security, or upkeep of
the property; and
(f)
If the creditor is out-of-state, the full name, address, and
telephone number of an in-state representative or agent who shall
be responsible for any care, maintenance, security, or upkeep of the
property and for receiving notice complaints of property maintenance
and code violations.
(2)
The notice requirements herein represent a continuing obligation
through the pendency of this foreclosure action. After initial notice
to the Township, creditors subject to the notice requirement shall
update the Township's property registration program within 10
days of any change in the information contained in the original or
any subsequent notices.
C.
Creditors of any commercial and/or residential mortgage required
to notify the Township pursuant to this section shall:
(1)
Register the property with the Township's property registration
program as a property in foreclosure within 30 days of notifying the
Township;
(2)
Be subject to the registration fee, notice requirements and penalties
for noncompliance established within this article;
(3)
Update the property registration within 10 days of any change in
the information contained in the original notice to the Township;
(4)
If an out-of-state creditor, appoint an in-state representative or
agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Township;
(5)
Within 10 days of the property becoming vacant and abandoned at any
time during the pendency of the foreclosure action, the creditor shall:
(a)
Assume responsibility for the care, maintenance, upkeep and
security of the exterior of the property;
(b)
Secure the property against unauthorized entry;
(c)
Post a sign on the inside of the property, visible to the public,
containing the name, address, and telephone number of the creditor,
or an out-of-state creditor's in-state representative or agent,
for the purpose of receiving notice of process;
(d)
Acquire and maintain a vacancy insurance policy which covers
any damage to any person or any property caused by any physical condition
of the property while registered with the Township's property
registration program;
(e)
Provide proof, within 10 days of receiving a request by the
Township or its designee, that the above conditions have been satisfied;
(f)
Cure any violations of the above requirements within 30 days
of receiving a notice of violation or, if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice.
(6)
Update the property registration within 10 days of the creditor becoming
aware that the property is deemed vacant and abandoned as defined
herein.
D.
If at any time the creditor is deemed to be in violation of the above
requirements, and/or if the property is deemed to be in violation
of any other applicable local or state maintenance, health or safety
codes, the Code Enforcement Official or his or her designee shall
notify the creditor using the contact information provided in the
property registry established by this article.
B.
Creditors required to notify the Township and register a property
as one in foreclosure shall be required to pay the following annual
registration fee, per property, due at the time of registration: $500.
C.
If a property registered with the Township's registration program
as a property in foreclosure is vacant and abandoned at the time of
registration, or becomes vacant and abandoned at any time during the
pendency of the foreclosure proceeding, the creditor shall pay an
additional annual registration fee, per property, due at the time
of the determination that the property is vacant and abandoned is
made, of $2,000
D.
Violations.
(1)
An out-of-state creditor subject to the notice and registration requirements
of this article found to be in violation of the requirement to appoint
an in-state representative or agent shall be subject to a fine of
$2,500 for each day of the violation. The violation shall be deemed
to commence on the day after the creditor's initial ten- or thirty-day
requirement to notify the Township of applicable foreclosure actions.
(2)
A creditor subject to the notice and registration requirements of this article found to be in violation of any part of this article [with the exception of a violation pursuant to Subsection D(1) of this section] shall be subject to a fine of $1,500 for each day of the violation. The violation shall be deemed to commence on the 31st day following the creditor's receipt of a notice of violation, or if deemed to present an imminent threat to public health and safety, on the 11th day following the creditor's receipt of such notice.
E.
If the Township expends public funds in order to abate a nuisance
or correct a violation on a commercial property in situations in which
the creditor was given notice pursuant to this article but failed
to abate the nuisance or correct the violation as directed, the Township
shall have the same resource against the creditor as it would have
against the title owner of the property, including but not limited
to the recourse provided under N.J.S.A. 55:19-100 et seq.
