Township Of Franklin, Somerset County

Ordinance No. 4393-23

An ordinance amending the code of the township of franklin, more particularly, chapter 183, property maintenance, article xii, registration and maintenance of vacant and abandoned residential properties in foreclosure

SUMMARY

Amendments to Municipal Code Chapter 183, Property Maintenance, Article XII, Registration and Maintenance of Vacant and Abandoned Residential Properties in Foreclosure. Addition of Definitions of Responsible Party; Street Address; Vacant and Abandoned Residential Property. Addition of a non-refundable registration fee.

WHEREAS, the mortgage foreclosure crisis has serious negative implications for the Township as it tries to manage the consequences of property vacancies and abandoned real properties; and

WHEREAS, the Township has an interest in protecting its neighborhoods against decay caused by vacant and abandoned properties; and

WHEREAS, it is in the best interest of the health, safety and welfare of the residents of the Township to impose registration and certification requirements with respect to abandoned and vacant properties within the Township; and

WHEREAS, Assembly bill #2877 was passed by the State of New Jersey and municipalities have to amend current ordinance;

NOW, THEREFORE, BE IT ORDAINED by the council of the township of franklin, county of somerset, state of new jersey as follows:

SECTION I

Chapter 183, Property Maintenance of the Revised General Ordinances of the Township of Franklin is hereby amended as follows:

ARTICLE XII

Registration and Maintenance of Vacant and Abandoned Residential Properties in Foreclosure § 183-50 Definitions

The following words, terms, and phrases, when used in this chapter, shall have the meanings.

ABANDONED REAL PROPERTY

Any real property located in FRANKLIN Township, whether vacant or occupied, that a complaint and summons has been filed with respect to foreclosure on a mortgage, has had a lis pendens filed against it by the lender holding a mortgage on the property, is subject to an ongoing foreclosure action by the lender, is subject to an application for a tax deed or pending tax assessors lien sale, or has been transferred to the lender under a deed in lieu of foreclosure. The designation of a property as "abandoned" shall remain in place until such time as the property is sold or transferred to a new owner, the foreclosure action has been dismissed, and any default on the mortgage has been cured.

ACCESSIBLE PROPERTY /STRUCTURE

A property that is accessible through a compromised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

APPLICABLE CODES

Includes, but shall not be limited to, the Township of Franklin Zoning Code, the FRANKLIN Township Code and the New Jersey Building Code.

BLIGHTED PROPERTY

A. Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or

B. Properties whose maintenance is not in conformance with the maintenance of other neighboring properties, causing a decrease in value of the neighboring properties; or

C. Properties cited for a public nuisance pursuant to the Franklin Township Code; or

D. Properties that endanger the public's health, safety, or welfare because the properties or improvements thereon are dilapidated, deteriorated, or violate minimum health and safety standards or lack maintenance as required by the Franklin Township Code and Zoning Codes.

ENFORCEMENT OFFICER

Any law enforcement officer, building official, zoning inspector, Code Enforcement Office employee, fire inspector or building inspector, or any other person authorized by the Township of FRANKLIN to enforce the applicable code(s).

OWNER

Any person, legal entity or other party having any ownership interest, whether legal or equitable, in real property. This term shall also apply to any person, legal entity or agent responsible for the construction, maintenance or operation of the property involved.

PROPERTY MANAGEMENT COMPANY

A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.

RESPONSIBLE PARTY

"Responsible party" means the title holder of a vacant and abandoned property or a creditor responsible for the maintenance of a property pursuant to section 17 of P.L.2008. c.127 (C.46:10B-51).

STREET ADDRESS

"Street address" means an address at which a natural person who is the responsible party or an authorized agent actually resides or actively uses for business purposes. and shall include a street name or rural delivery route.

VACANT AND ABANDONED RESIDENTIAL PROPERTY

A. Any residential or commercial building which is not legally occupied by a mortgagor or tenant. which is in such condition that it cannot be legally reoccupied. and at which at least two of the following conditions exist:

1) Overgrown or neglected vegetation;

2) The accumulation of newspapers. circulars. flyers. or mail on the property;

3) Disconnected gas. electric. or water utility services to the property;

4) The accumulation of hazardous. noxious. or unhealthy substances or materials on the property:

5) The accumulation of junk, litter. trash. or debris on the property;

6) The absence of window treatments such as blinds. curtains. or shutters;

7) The absence of furnishings and personal items;

8) Statements of neighbors. delivery persons. or government employees indicating that the property is vacant and abandoned;

9) Windows or entrances to the property that are boarded up or closed off. or multiple windowpanes that are damaged. broken. and unrepaired;

10) Doors to the property that are smashed through. broken off. unhinged. or continuously unlocked;

11) 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;

12) 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;

13) 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;

14) A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property: or

15) Any other reasonable indicia of abandonment.

B. For the purposes of this section. a residential property shall not be considered "vacant and abandoned" if. on the property:

1) There Is an unoccupied building which is undergoing construction. renovation. or rehabilitation that is proceeding diligently to completion. and the building is in compliance with all applicable ordinances. codes. regulations. and statutes:

2) There is a building occupied on a seasonal basis. but otherwise, secure; or

3) There is a building that is secure. but is the subject of a probate action. action to quiet title. or other ownership dispute.

C. In addition to the residential mortgage foreclosure procedures set out in the "Fair Foreclosure Act." P.L.1995. c.244 {C.2A:50-53 et seq.). a summary action to foreclose a mortgage debt secured by residential property that Is vacant and abandoned may be brought by a lender in the Superior Court. In addition. a lender may. at any time after filing a foreclosure action. file with the court. in accordance with the Rules Governing the Courts of the State of New Jersey. an application to proceed in a summary manner because the residential property that Is the subject of the foreclosure action Is believed to be "vacant and abandoned"; provided. however. that this section shall not apply to a foreclosure of a timeshare interest secured by a mortgage.

D.

1) In addition to the service of process required by the Rules of Court. a lender shall establish. for the entry of a residential foreclosure judgment under this section. that a process server has made two unsuccessful attempts to serve the mortgagor or occupant at the residential property. which attempts must be at least 72 hours apart. and during different times of the day, either before noon. between noon and 6 P.M. or between 6 P.M. and 10 P.M.

2) In addition to any notices required to be served by law or the Rules of Court. a lender shall, with any order to show cause served as original service of process or a motion to proceed summarily, serve a notice that the lender is seeking, on the return date of the order to show cause, or on the date fixed by the court, to proceed summarily for entry of a residential foreclosure judgment because the property is vacant and abandoned.

3) When a property is deemed vacant and abandoned as herein defined. a lender shall not be required to serve the debtor with the notice to cure required by section 6 of the "Fair Foreclosure Act." P.L.1995. c.244 {C.2A:50-58l.

E.

1) The court may enter a final residential mortgage foreclosure judgment under this section upon a finding. {a} by clear and convincing evidence. that the residential property is vacant and abandoned as defined under subsection (a) of this section, and (b) that a review of the pleadings and documents filed with the court. as required by the Rules of Court, supports the entry of a final residential mortgage foreclosure judgment.

2) A final residential mortgage foreclosure judgment under this section shall not be entered if the court finds that:

a) the property is not vacant or abandoned; or

b) the mortgagor or any other defendant has filed an answer. appearance. or other written objection that is not withdrawn and the defenses or objection asserted provide cause to preclude the entry of a final residential mortgage foreclosure judgment.

§ 183-3 Effect on other provisions.

These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather be an additional remedy available to FRANKLIN Township above and beyond any other state, county or local provisions for same.

§ 183-5 Registration Requirements of abandoned real property

A. Any mortgagee who holds a mortgage on real property located within the Township of FRANKLIN shall perform an inspection of the property to determine vacancy or occupancy, upon a filing of a Summons and Complaint. The mortgagee shall, within 10 days of the inspection, register the property with the Franklin Township Clerk's Office, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.

B. If the property is occupied, it shall be inspected by the mortgagee or his designee monthly until:

1) the mortgagor or other party remedies the default, or

2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within 10 days of that inspection, update the property registration to a vacancy status.

C. Registration pursuant to this section shall contain the name of the mortgagee and the server, the direct mailing address of the mortgagee and the server, a direct contact name and telephone number for both parties, facsimile number and e-mail address for both parties, tax lot and block for the property, and the name and twenty-four-hour contact telephone number of the property management company responsible for the security and maintenance of the property.

D. A nonrefundable annual registration fee shall be collected as a pass through fee of a maximum of $500 ( per the State Legislation enacted on January 18. 2022) per property shall accompany the website registration.

E. All registration fees must be paid directly from the mortgagee, servicer, trustee, or owner. Third-party registration fees are not allowed without the consent of FRANKLIN Township and/or its authorized designee.

F. This section shall also apply to properties that have 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.

G. Properties subject to this section shall remain under the annual registration requirement and the inspection, security and maintenance standards of this section as long as they remain vacant and the complaint for foreclosure filed.

H. Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.

I. Failure of the mortgagee and/or owner to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this chapter is a violation of the chapter and shall be subject to enforcement.

J. Pursuant to any administrative or judicial finding and determination that any property is in violation of this chapter, the Township of FRANKLIN may take the necessary action to ensure compliance with this chapter and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.

K. A creditor located out-of-State shall be responsible for appointing an in-State representative or agent to act for the foreclosing creditor;

§ 183-6 Maintenance requirements.

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 window panes 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.

B. Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a summons where the fine shall not exceed $1,500.00 in accordance with§ 267-45 of the FRANKLIN Township Code. Pursuant to a finding and determination by the FRANKLIN Township enforcement official, or a court of competent jurisdiction, FRANKLIN Township may take the necessary action to ensure compliance with this section.

C. In addition to the above, the property is required to be maintained in accordance with the applicable code(s).

§ 183-7 Security requirements.

A. Properties subject to these sections 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 complaint and summons has been filed, and the property has become vacant or abandoned, a property manager shall be designated by the mortgagee 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.

§ 183-8 Public nuisance.

All abandoned real property is hereby declared to be a public nuisance, the abatement of which, pursuant to the police power, is hereby declared to be necessary for the health, welfare and safety of the residents of FRANKLIN Township.

§ 183-56 Violations and penalties.

A. Any person, firm or corporation which shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than $1,500.00, imprisonment for not more than 90 days, and/or a period of community service for not more than 90 days, as determined by the court. Each day that a violation continues shall be deemed a separate offense. [Amended by Ord. No. 4116-15]

B. In addition to the penalties set forth above, the additional remedies set forth in § 183 shall also be available for a violation of this chapter.

§ 183- 10 Inspections for violations.

Adherence to this chapter does not relieve any person, legal entity or agent from any other obligations set forth in any applicable FRANKLIN Township code(s) which may apply to the property. Upon sale or transfer of title to the property, the owner shall be responsible for all violations of the applicable code(s), and the owner shall be responsible for meeting with the FRANKLIN Township Code Enforcement office within 45 days for a final courtesy inspection report.

§ 183-11 Additional authority.

A. If the enforcement officer has reason to believe that a property subject to the provisions of this chapter is posing a serious threat to the public health, safety and welfare, the enforcement officer may temporarily secure the property at the expense of the mortgagee and/or owner, and may bring the violations before the FRANKLIN Township Code Enforcement Office as soon as possible to address the conditions of the property.

B. The Franklin Township Code Enforcement Office shall have the authority to require the mortgagee and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures as may be reasonably required to help prevent further decline of the property.

C. If there is a finding that the condition of the property is posing a serious threat to the public health, safety and welfare, then the FRANKLIN Township Code Enforcement Office may direct the Township to abate the violations and charge the mortgagee with the cost of the abatement.

D. If the mortgagee does not reimburse the Township for the cost of temporarily securing the property, or of any abatement directed by the Code Enforcement Office within 30 days of the Township sending the mortgagee the invoice, then such amount, together with an administrative fee of $500 to address the Township's administrative expenses shall be a lien against the property and recorded and collected as provided by the statutes of the State of New Jersey.

§ 183-12 Opposing or obstructing enforcement officer; penalty.

Any person, firm or corporation which shall oppose, obstruct or resist any enforcement officer or any person authorized by this chapter in the discharge of duties as provided in this chapter shall be subject to penalties as set forth in § 183-9.

§ 183-13 Immunity of enforcement officer.

Any code enforcement officer or any person authorized by the Township to enforce the sections here within shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this chapter.

SECTION II

Each clause, section or subsection of this ordinance shall be deemed a separate provision to the intent that if any such clause, section or subsection should be declared invalid, the remainder of the Ordinance shall not be affected.

SECTION Ill

All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed as to the extent of such inconsistency.

SECTION IV

This ordinance shall take effect immediately upon adoption and publication according to law.

Introduced: February 14, 2023

Published: February 17, 2023

Public Hearing: February 28, 2023  

Adopted: February 28, 2023

Published: March 6, 2023

Effective Date: March 26, 2023

Copy of ordinance 4393-22