[HISTORY: Adopted by the City Council of the City of Camden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-14-2004 by Ord. No. MC-3994 (Ch. 2 of the 1987
Code)]
An ordinance adopting the provisions of the Abandoned Properties
Rehabilitation Act is adopted as follows.
The public officer designated by the Mayor is hereby directed
to identify abandoned properties within the municipality, place said
properties on an abandoned property list established as provided in
Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as amended by
Section 28 of P.L. 2003, c. 210, and provide such notices and carry
out such other tasks as are required to effectuate an abandoned property
list as provided by law.
The abandoned property list shall apply to the City of Camden
as a whole as set forth below: The public officer shall provide a
report to the Mayor and governing body every six months with respect
to the number and location of properties on the abandoned property
list; the status of those properties; and any actions taken by the
municipality or by any qualified rehabilitation entity designated
pursuant to the authority granted the public officer with respect
to any property on the list or any other abandoned property within
the City of Camden.
[Adopted 11-13-2018 by Ord. No. MC-5156[1]; amended in its entirety 5-10-2022 by Ord. No. MC-5383.[2]]
[1]
Editor's Note: This ordinance also repealed former Article
II, Registration of Defaulted Mortgages, adopted 7-10-2018 by Ord.
No. MC-5122.
[2]
Editor's Note: This ordinance also changed the article title
from "Registration of Vacant and/or Defaulted Mortgage Property" to
"Vacant and Abandoned Properties: Notice, Registration, and Fees."
[1]
Editor's Note: The recitals are included in Ord. No.
MC-5383, on file in the City offices.
Chapter 615 is hereby amended to add the following: "Vacant and Abandoned Properties: Notice, Registration, and Fees." The following sections are hereby incorporated into this amendment.
It is the intent of this Chapter 615 to enable the City of Camden to engage in the identification, registration, monitoring, and mitigation 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.
All words, terms, and phrases used within Chapter 615 shall be defined and interpreted consistent with their meanings as outlined within P.L. 2021, c.444, as may be amended from time to time.
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 Lending 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, agent, or assignee 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.
A property shall be deemed "vacant and abandoned" for purposes of Chapter 615 if:
The property is not legally occupied by a mortgagor or tenant;
and
The property cannot be legally reoccupied because of at least
two of the following conditions:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
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;
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;
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;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
A.
The City of Camden shall create and maintain a registry of all commercial
and/or residential properties within the City of Camden's boundary
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. This registry will be formed and maintained
to assist the City of Camden 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.
B.
The City of Camden 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 City of Camden,
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
City of Camden.
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 City of Camden's registry, including registration fees, interest, and penalties, shall be paid, in full, directly to the City of Camden, Camden County and/or the Camden County Improvement Authority, as applicable, not less than once per year, or as otherwise directed by the City of Camden's Business Administrator. No fees, payments, expenses, or other deductions shall be made from this payment; payment for any third party's services under this Chapter 615 shall be made by the City of Camden or, as applicable, Camden County or the Camden 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 City of Camden'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
the 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 City of Camden's registry.
E.
The Business Administrator or his/her designee shall serve as the
City of Camden 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 responsibilities herein may
be designated to a third party pursuant to the terms and conditions
of a contract for professional services consistent with P.L. 2021,
c.444.
A.
Within 30 days of the effective date of this Chapter 615, 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 within the City of Camden i) prior to the effective date of this Chapter 615, and ii) which is pending as of the effective date of this Chapter 615 shall provide notice in accordance with Subsection B of this § 615-9.
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 within the City of Camden, the creditor
shall notify the Municipal Clerk of the City of Camden, or his/her
designee, of the action. Such notice shall include:
(1)
The address, block, and lot of the subject property;
(2)
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;
(3)
Whether the property is vacant and abandoned in accordance with the definition in § 615-7, Definitions.
(4)
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;
(5)
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 for any care, maintenance, security, or upkeep of the
property; and
(6)
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.
(7)
The notice requirements herein represent a continuing obligation
throughout the pendency of the foreclosure action. After initial notice
to the City of Camden, creditors subject to the notice requirement
shall update the City of Camden'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 City of Camden pursuant to this section shall:
(1)
Register the property with the City of Camden's property registration
program as a property in foreclosure within 30 days of notifying the
City of Camden;
(2)
Be subject to the registration fee, notice requirements, and penalties for noncompliance established within this Chapter 615;
(3)
Update the property registration within 10 days of any change in
the information contained in the original notice to the City of Camden;
(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 City of Camden;
(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 service 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 City of Camden's property
registration program;
(e)
Provide proof, within 10 days of receiving a request by the
City of Camden 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 Official or his/her designee shall notify the creditor using the contact information provided in the property registry established by this Chapter 615.
A.
All fees, penalties, and/or fines established within this Chapter 615 and assessable pursuant to the City of Camden's authority outlined within P.L. 2021, c. 444, shall be deemed a municipal charge in accordance with N.J.S.A. 54:5-1 et seq.
B.
Creditors required to notify the City of Camden 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 City of Camden'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 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 Chapter 615 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 City of Camden of applicable foreclosure actions.
(2)
A creditor subject to the notice and registration requirements of this Chapter 615 found to be in violation of any part of this Chapter 615 (with the exception of a violation pursuant to Subsection D(1) of this section 615-10) 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 City of Camden 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 Chapter 615 but failed to abate the nuisance or correct the violation as directed, the City of Camden 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 N.J.S.A. 55:19-100 et seq.
The fines and penalties established within this Chapter 615 shall be considered cumulative, and not superseding, as a remedy available to the City of Camden in addition to those which may also apply under any other applicable City of Camden ordinances, or other applicable local, county, or state laws or regulations.
