Ordinance No. 15-12

Introduced: April 27, 2015
Public Hearing: May 11, 2015
Status: Adopted

An ordinance amending Chapter 447 of the code of the Township of Vernon entitled “Property Maintenance”

BE IT ORDAINED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey that Chapter 447 of the Code of the Township of Vernon entitled “Property Maintenance” is hereby amended as follows:

SECTION I. Chapter 447 entitled “Property Maintenance,” is supplemented to add the following:

§447-7 Registration of Creditors in Foreclosure; Penalties.

  1. 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 pursuant to this Code, N.J.S.A. 2A:50-73, or as otherwise provided by law.
  2. 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.
  3. 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).
  4. An out-of-State creditor found by the municipal court, or by any other court of competent jurisdiction, to be in violation of §447-7C shall be subject to a fine of $2,500.00 for each day of the violation, commencing on the day after the ten (10) 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.
  5. The Construction Official, Zoning Official, public officer appointed pursuant to N.J.S.A. 40:48-2.3 et seq., or any other designated enforcement official of the Township 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 official 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 thirty (30) days of receipt of the notice, or within ten (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.
  6. 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 §447-7(E) shall be subject to a fine of $1,500 for each day of the violation, commencing thirty one (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 eleven (11) days following receipt of the notice.

SECTION II. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.

SECTION III. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Township, the provisions hereof shall be determined to govern. All other ordinances of the Township are hereby ratified and confirmed, except where inconsistent with the terms hereof.

SECTION IV. This Ordinance shall take effect immediately upon final passage and publication according to law.