[HISTORY: Adopted by the Township Committee of the Township
of Hampton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-29-2023 by Ord. No. 2023-16]
As used in this article, the following terms shall have the
meanings indicated:
Mortgagee or an agent or assignee of a mortgagee, such as
the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this article. For purposes
of this article, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
Any building or structure or portion thereof and the land
appurtenant thereto.
The Code Enforcement Officer of the Township of Hampton.
For the purposes of this article, a property shall be considered
vacant and abandoned if it 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:
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 windowpanes 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.
A creditor shall, in addition to the notice provided to the Township
of Hampton pursuant to N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2,
register the residential or commercial property with the municipality's
property registration program as a property in foreclosure and, as
part of that registration:
(1)
Provide the municipality with the information regarding the creditor
required by N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2;
(2)
Identify the date the 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; and
B.
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration requirements following the filing of the complaint, the
creditor shall update the property registration with the Township
within 10 days of the change in that information.
C.
The creditor shall, if the registered property becomes vacant and abandoned in accordance with § 39-2 after the property is initially registered with the municipality, update the property registration with the Township to reflect the change in the property's status.
D.
The creditor shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the Township and shall specifically, but without limitation, comply with the duties applicable to owners of vacant and abandoned property as set forth in § 40-2.
E.
A creditor located out of state shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
F.
A creditor shall comply with the requirements of § 40-2 relating to the care, maintenance, security, and upkeep of the exterior of the property, and post a sign affixed to the inside of the property and visible to the public indicating 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 service of process, or acquire and otherwise maintain liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property while registered with the Township.
A.
The public officer or other authorized municipal official is authorized to issue a notice to the creditor if the public officer or other authorized municipal official determines that the creditor has violated any requirements of Chapter 39.
B.
In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned 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. The notice issued shall include a description of the conditions which give rise to the violation. If the creditor fails to remedy the violation within that time period, the creditor shall be subject to the penalties set forth in § 39-7.
C.
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 the provisions of § 39-4 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 against the title owner of the property, including, but not limited to, the recourse provided under Section 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
In its discretion, the Township of Hampton may contract with
and set the compensation of a private entity, pursuant to the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq., to assist the Township
in the implementation and administration of the property registration
program.
The registration fee shall be $500 annually per property required to be registered per this article, and an additional $2,000 annually per property if the property is determined by the Township to be vacant and abandoned per § 39-2 at any time during the pendency of the mortgage foreclosure action.
A.
An out-of-state creditor subject to Chapter 39 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 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 or N.J.S.A. 40:48-2.12s2 for providing notice to the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
B.
A creditor subject to Chapter 39 found by the municipal court, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by § 39-7A, shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection 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.
No less than 20% of any money collected pursuant to Chapter 39 shall be used for municipal code enforcement purposes.
Nothing in Chapter 39 is intended to nor shall be read to conflict or prevent the Township of Hampton from taking action regarding buildings found to be unfit for human habitation or unsafe structures as provided in applicable provisions of the Code of the Township of Hampton and/or the Uniform Construction Code. Further, any action taken under any such code provision shall not relieve an owner or creditor from his, her or its obligations under Chapter 39.
All references in Chapter 39 to statutes include all amendments thereto. References to particular sections of enabling statutes are for ease of reference but may not be exhaustive and are not meant to be exclusive of other applicable statutory provisions contained in enabling statutes or elsewhere in New Jersey statutes.
