[Ord. #2014-1257]
The purpose of this section is to require the care, maintenance,
security, and upkeep of the exterior of vacant and abandoned residential
property on which a summons and complaint in an action to foreclose
has been filed.
[Ord. #2014-1257]
As used in this section:
Shall mean a person filing a summons and complaint in an
action to foreclose a residential property.
[Ord. #2014-1257]
A Creditor shall be responsible for the care, maintenance, security,
and upkeep of the exterior of a vacant and abandoned residential property.
[Ord. #2014-1257]
If located out-of-State, a Creditor shall appoint an in-State
representative or agent to act for the Creditor. Every out-of-State
Creditor shall include the full name and contact information of the
in-State representative or agent in the notice required to be provided
pursuant N.J.S.A. 46:10B-51.
[Ord. #2014-1257]
The Township Zoning Officer shall issue a notice to a Creditor
if the Zoning Officer determines that the Creditor has violated this
section by failing to provide for the care, maintenance, security,
and upkeep of the exterior of the property. Such notice shall require
the Creditor 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.
[Ord. #2014-1257]
a.Â
An out-of-State Creditor found by the Municipal Court, 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 section
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 for providing notice to the
municipal clerk that a summons and complaint in an action to foreclose
on a mortgage has been served.
b.Â
An out-of-State Creditor found by the Municipal Court, or by any
other court of competent jurisdiction, to be in violation of the requirement
to correct a care, maintenance, security, or upkeep violation cited
in a notice issued pursuant to this section 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, 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.
c.Â
No less than 20% of any money collected pursuant to this subsection
shall be utilized by the municipality for Township code enforcement
purposes.
