[HISTORY: Adopted by the Township Committee of the Township
of Medford 10-21-2014 by Ord. No. 2014-14. Amendments noted where applicable.]
Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer as defined in § 52-4A of the Township Code, and pursuant to the provisions of this chapter and N.J.S.A. 2A:50-73.
Pursuant to the provisions of N.J.S.A. 46:10B-51(b), any creditor
initiating a new foreclosure action shall have 10 days to provide
Medford Township Clerk with notice of the action. Such notice shall
provide:
A.
The name and contact information for the representative of the creditor
who is responsible for receiving complaints of property maintenance
and code violations;
B.
The street address, lot and block number of the property;
C.
The full name and contact information of an individual located in
New Jersey authorized to accept service on behalf of the creditor;
and
If the public officer, or other authorized municipal official, as defined in § 52-4A of the Township Code, determines that a creditor obligated to care for, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this chapter, the public officer or other municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity 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. The issuance of this notice shall constitute evidence that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
Any creditor required to care for, maintain, secure and keep up a property under this chapter cited in a notice issued pursuant to § 53-3 shall be subject to a fine of $1,500 for each day of the violation. In addition, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in § 1-16 of the Township Code.
In addition to the violation and penalty provisions of § 53-4 of this chapter, Medford Township, pursuant to N.J.S.A. 46:10B-51(c) and the provisions of Chapter 52 of the Township Code, may seek indemnification from any lender to recover the costs of public funds spent to abate a nuisance or correct a violation following a creditor's noncompliance with this chapter.
