Owners and operators shall have all the duties and responsibilities described in Article III of this chapter and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
[Added 11-5-2014 by Ord. No. 36-2014]
A. 
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to Chapter 179, Property Maintenance; Chapter 78, Buildings and Structures, Unsafe; Chapter 81, Buildings, Unfit; N.J.S.A. 2A:50-73; or otherwise.
B. 
If the creditor is located out of state, the creditor shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.
C. 
An 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 to the municipal Clerk pursuant to N.J.S.A. 46:10B-51(a)(1).
D. 
An out-of-state creditor found by the municipal court, or by any other court of competent jurisdiction, to be in violation of § 179-7.1B shall be subject to a fine of $2,500 for each day of the violation, commencing on the day after the ten-day period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice to the municipal Clerk that a summons and complaint in an action to foreclose has been served.
E. 
A public officer appointed pursuant to N.J.S.A. 40:48-2.3 et seq., or any enforcement officer described in § 179-14, shall be authorized to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or enforcement officer determines that the creditor has violated this chapter by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. 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 proof that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
F. 
A 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 § 179-7.1E shall be subject to a fine of $1,500 for each day of the violation commencing 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.
Occupants shall have all the duties and responsibilities as prescribed in Article III of this chapter and all the regulations promulgated thereto, and the occupant shall not be relieved from any such duty and responsibility and be entitled to defend against any charge of violation thereof by reason of the fact that the owner is also responsible therefor and in violation thereof.
Unless expressly provided to the contrary in this chapter, the respective obligations and responsibilities of the owner and operator on one hand and the occupant on the other shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.