As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED PROPERTY
Pursuant to N.J.S.A. 55:19-81 is defined as follows: Any property that has not been legally occupied for a period of six months and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the appropriate public officer that:
A. 
The property is in need of rehabilitation in the reasonable judgment of the public officer, and no rehabilitation has taken place during that six-month period;
B. 
Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months as of the date of a determination by the public officer pursuant to this section;
C. 
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the revised statutes of the date of the determination by the public officer pursuant to this section; or
D. 
The property has been determined to be a nuisance by the public officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82). A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A or Subsection D of this section.
ANNUAL REGISTRATION
Twelve months from the date of the first action that requires registration, as determined by the Township, or its designee, and every subsequent 12 months the property is registrable. The date of the initial registration may be different than the date of the first action that required registration.
CODE ENFORCEMENT OFFICER
Any law enforcement officer, Building Official, Zoning Inspector, Code Enforcement Officer, Fire Inspector, Building Inspector, or other person authorized by the Township to enforce the applicable code(s).
DEFAULT
That the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash, junk, or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passersby, delivery agents or government agents; and/or the presence of boards over doors, windows, or other openings in violation of applicable code.
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. This definition shall include, but is not limited to, a complaint and summons filed with respect to foreclosure on a mortgage, a lis pendens filed against it by the lender holding a mortgage on the property, a deed-in-lieu of foreclosure, sale to the mortgagee or lien holder, certificate of title and all other processes, activities, and actions, by whatever name, associated with the described process. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a nonrelated bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
MORTGAGEE
The creditor, including, but not limited to, trustees, mortgage servicing companies, 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, or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
OWNER
The title holder, any agent of the title holder having authority to act with respect to a vacant property any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Section 17) or any other entity determined by the Township of Riverside to have authority to act with respect to the property.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting, maintaining, and securing the property as required in this chapter.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the Township limits.
REGISTRABLE PROPERTY
A. 
Any real property located in the Township, whether vacant or occupied, that is encumbered by a mortgage in default, as evidenced by a complaint filing or foreclosure filing, is subject to an ongoing foreclosure action by the mortgagee or trustee, has been the subject of a foreclosure action by a mortgagee or trustee and a judgment has been entered, or has 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. The designation of a "foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a nonrelated bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed; or
B. 
Any property that is vacant for more than 30 days or any cancellation of utility or service, whichever occurs first.
REGISTRY
A web-based electronic database of searchable real property records, used by the Township to allow mortgagees the opportunity to register properties and pay applicable fees as required in this chapter.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Township codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT AND ABANDONED PROPERTY
Any building used or to be used as a residence or business which is not legally occupied or at which substantially all lawful construction or business operations or residential occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation and at least two of the following conditions exist:
A. 
Overgrown or neglected vegetation, including, but not limited to, brush weeds, dead or dying trees;
B. 
Infestation of insects, vermin, rats, or other pests;
C. 
The accumulation of newspapers, circulars, flyers, or mail on the property;
D. 
Disconnected gas, electric, or water utility services to the property;
E. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
F. 
The accumulation of junk, litter, trash, or debris on the property;
G. 
The absence of window treatments such as blinds, curtains, or shutters;
H. 
The absence of furnishings and personal items;
I. 
Statements by neighbors, delivery persons, or government employees indicating that the residence is vacant and abandoned;
J. 
Windows or entrances to the property that are boarded up or closed off, or multiple windowpanes that are damaged, broken, and unrepaired;
K. 
Doors to the property that are smashed through, broken off, unhinged, or continually unlocked;
L. 
A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners that exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
M. 
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or any order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
N. 
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;
O. 
A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
P. 
Any other reasonable indicia of abandonment.
A. 
The owner of any vacant property as defined herein shall within 60 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Township of Riverside Code Enforcement Official on forms provided by the Township Code Enforcement Official for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in § 328-9 of this chapter for each vacant property registered.
B. 
Any owner of any building that meets the definition of vacant property shall file a registration statement for that property. The registration statement shall include the information required under § 328-8 of this chapter as well as any additional information that the Township Code Enforcement Official may reasonably require.
C. 
The owner shall notify the Township Code Enforcement Official within 10 days of any change in the registration information by filing an amended registration statement on a form provided by the Township Code Enforcement Official for such purpose.
D. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Township of Riverside against the owner or owners of the building.
A. 
After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Township Code Enforcement Official to conduct an exterior and interior inspection of the building to determine compliance with the Township Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.
B. 
The registration statement shall include the name, street address, and telephone number of a natural person 18 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code. This person must maintain an office in the State of New Jersey or reside within the State of New Jersey. The statement shall also include the name of the person responsible for maintaining and security of the property, if different.
C. 
An owner who is a natural person and who meets the requirements of this chapter as to location of residence or office may designate him or herself as agent.
D. 
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Township Code Enforcement Official of a change of authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of this chapter.
A. 
The initial registration fee for each building shall be $250. The fee for the first renewal is $500. The fee for any subsequent renewal is $750.
B. 
Vacant and abandoned property registration fee schedule.
(1) 
Initial registration: $250.
(2) 
First renewal: $500.
(3) 
Any subsequent renewal: $750.
C. 
Any owner of vacant property who plans to restore the property to productive use and occupancy during the six-month period following the date of the initial registration of the property shall file a sufficiently detailed statement of the owner's plans for restoration of the property with the registration statement. Any owner who within the initial registration period completes restoration of the property whereby the property no longer is defined as a vacant property may request a refund of the vacant property registration fee from the Township Code Enforcement Official upon presentation of a certificate of occupancy who shall forward the request to the Township Administrator for approval.
A. 
The owner of any vacant building shall acquire and otherwise maintain liability insurance by procuring a vacancy policy in an amount of not less than $300,000 for buildings designed primarily for use as residential units and not less than $1,000,000 for any other building, including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building.
B. 
The owner shall attach evidence of the insurance to the owner's registration statement. Any registration statement submitted that does not include such evidence shall not be deemed to be a valid registration.
A. 
Properties subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper 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. 
Registrable property 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, of registrable property, shall be maintained in accordance with the applicable code(s) at the time registration is required.
D. 
Registrable 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. 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 of 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, owner, and transferees to properly maintain the property as required by this chapter may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with the applicable code of the Township. Pursuant to a finding and determination by the Township Municipal Court, the Township 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) of the Township.
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 property is registrable, and the property has become vacant or blighted, a property manager shall be designated by the mortgagee or owner 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.
D. 
In addition to the above, the property is required to be secured in accordance with the applicable code(s) of the Township.
E. 
When a property subject to this chapter becomes vacant, it shall be posted with the name and twenty-four-hour contact telephone number of the property manager. The property manager shall be available to be contacted by the Township Monday through Friday between 9:00 a.m. and 5:00 p.m., legal holidays excepted. The sign shall be placed in a window facing the street and shall be visible from the street. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet. The posting shall contain the following language with supporting information:
THIS PROPERTY IS MANAGED BY ______________________________. AND IS INSPECTED ON A REGULAR BASIS.
THE PROPERTY MANAGER CAN BE CONTACTED BY TELEPHONE AT ___________. OR BY EMAIL AT _____________________________
F. 
The posting required in Subsection E above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
G. 
Failure of the mortgagee and/or property owner of record to properly inspect and secure a property subject to this chapter, and post and maintain the signage noted in this section, is a violation and shall be subject to enforcement by any of the enforcement means available to the Township. The Township may take the necessary action to ensure compliance with this section and recover costs and expenses in support thereof.
The Township Committee for the Township of Riverside may issue rules and regulations for the administration of the provisions of this chapter.
A. 
Any owner who is not in full compliance with this chapter or who otherwise violates any provision of this chapter or of the rules and regulations issued hereunder shall be subject to a fine of not less than $500 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property.
B. 
For purposes of this chapter, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of this chapter or such other matters as may be established by the rules and regulations of the Township Committee for the Township of Riverside shall be deemed to be violation of this chapter.
Nothing in this chapter is intended to nor shall be read to conflict or prevent the Township of Riverside from taking action against buildings found to be in unfit for human habitation or unsafe structures as provided in applicable provisions of the Code of the Township of Riverside and/or the Uniform Construction Code. Further, any action taken under any such code provision other than the demolition of a structure shall not relieve an owner from its obligations under this chapter.
A. 
Any mortgagee who holds a mortgage on real property located within the Township shall perform an inspection of the property upon it being in default, as evidenced by a foreclosure filing. Any mortgagee filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the municipality pursuant to Section 17 of P.L. 2008, c.127 (N.J.S.A. 46:10B-51), register the residential or commercial property with the municipality's property registration program as a property in foreclosure and, as part of that registration: (a) provide the municipality with the information regarding the creditor required by Subsection D below; (b) identify 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; and (c) identify whether the property is vacant and abandoned in accordance with the definition in the ordinance.
B. 
Property inspected pursuant to Subsection A above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
C. 
Within 10 days of the date any mortgagee declares its mortgage to be in foreclosure, the mortgagee shall register the real property with the Township registry, and, at the time of registration, indicate whether the property is vacant, and if so shall designate, in writing, a property manager to inspect, maintain and secure the real property subject to the mortgage in default or defaulted. A separate registration is required for each registrable property.
D. 
Initial registration pursuant to this section shall include the name, street address, telephone number, and email address (if applicable) of a person 21 years of age or older, designated by the mortgagee as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code; and the name, street address, telephone number and email address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a 24 hours per day, seven-day per week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the state of New Jersey or reside within the state of New Jersey. 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 program following the filing of the summons and complaint, the creditor shall update the property registration program within 10 days of the change in that information.
In the event the mortgagee is located out of state and has served a summons and complaint in an action to foreclose on a property, the notice shall also contain the full name, address, and telephone number of an in-state representative or agent who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and abandoned. If the municipality has designated or appointed a public officer, the Municipal Clerk shall forward a copy of the notice to the public officer or shall otherwise provide it to any other local official responsible for administration of any property maintenance or public nuisance code. The notice shall also include the street address, lot, and block number of the property. The mortgagee filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned, in accordance with the definition in the ordinance, after the property is initially registered with the municipality, update the property registration with the municipality to reflect the change in the property's status.
E. 
At the time of initial registration each registrant shall pay a nonrefundable annual registration fee of $500 for each registrable property. Subsequent annual registrations of defaulted properties and fees in the amount of $500 are due within 10 days of the expiration of the previous registration. Said fees shall be used to offset the costs of registration and registration enforcement, code enforcement, and mitigation related to defaulted properties, post-closing counseling, and foreclosure intervention limited to owner-occupied persons in default, which may not include cash and mortgage modification assistance, and for any related purposes as may be adopted in the policy set forth in this chapter. Said fees shall be deposited to a special account in the Township's Department dedicated to the cost of implementation and enforcement of this chapter and fulfilling the purpose and intent of this chapter. None of the funds provided for in this section shall be utilized for the legal defense of foreclosure actions.
An additional $2,000 per property annually if the property is vacant or abandoned pursuant to the definition in the ordinance when the summons and complaint in an action to foreclose is filed or becomes vacant and abandoned pursuant to the definition in the ordinance at any time thereafter while the property is in foreclosure.
An out-of-state creditor subject to this chapter found by the municipal court of the municipality in which the property subject to the ordinance is located, 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 the ordinance 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 for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
F. 
If the foreclosure mortgage and/or servicing on a property is sold or transferred, the new mortgagee is subject to all the terms of this chapter. Within 10 days of the transfer, the new mortgagee 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 mortgagee's involvement with the registrable property.
G. 
If the mortgagee 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 mortgagee will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee's involvement with the registrable property.
H. 
If the foreclosure 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, the property is not registered and shall be due and payable with the registration.
I. 
This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the mortgagee as well as any properties transferred to the mortgagee under a deed in lieu of foreclosure or by any other legal means.
J. 
Properties subject to this section shall remain subject to the annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property remains registrable.
K. 
Failure of the mortgagee of record to properly register or to modify the registration to reflect a change of circumstances as required by this chapter is a violation of this chapter and shall be subject to enforcement by any of the enforcement means available to the Township.
L. 
If any property is in violation of this chapter the Township may take the necessary action to ensure compliance with and/or place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to the property into compliance.
Registration of foreclosure property does not alleviate the mortgagee and/or owner from obtaining all required licenses, permits and inspections required by applicable code or state statutes. Acquisition of required licenses, permits, and inspections or registration of rental property does not alleviate the requirement for the property to be registered under this section. Mortgagee and/or owner is expected to update the status of the property in the event of a mortgagee-managed rental.