§ 8.208-14. Creditor responsibility.

A.

[Responsibility of creditor.] Pursuant to the provisions of P.L. 2014, c.35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of P.L. 2014, c.35 and/or the Code of the Borough of Magnolia, pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise.

B.

Notice to creditor; time to correct violations. If the public officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the previsions of this Code, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within ten 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 evidence that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.

C.

Designated representative of out-of-state creditor; violation. 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 paragraph one of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500.00 for each day of the violation commencing on the day after the ten-day period set forth in paragraph one of N.J.S.A. 46:10B-51 with respect to notifying the municipal clerk that an action to foreclose on the property has been filed.

D.

Violations and penalties. Any person, firm, corporation or entity, including a creditor, required to care, maintain, secure and keep up a property under this chapter cited in a notice issued pursuant hereto for violating any provision of this chapter, shall upon conviction, be punishable and subject to a fine of $1,500.00 for each day of the violation.

E.

Additional notice required. Notice of violations of property maintenance, building or other property codes for any property declared vacant and abandoned pursuant to this section shall be given to a foreclosing creditor pursuant to the procedures as required by P.L. 2014, c.35.

(Ord. No. 2015:14, § 1, 8-19-2015; Ord. No. 2016:05, 4-21-2016)