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Home My Public Portal AboutOrd. 15-28lMrMx nnu oTj 28 of toe �611rlaugh of Tarteret, ANIENDiNG AND SUPPLEMENTING CHAPTER 93, ENTITLED "HOUSING STANDARDS; UNSAFE AND ABANDONED BUILDINGS" OF THE CODE OF THE BOROUGH OF CARTERET WHEREAS, the Mayor and Council of the Borough of Carteret (`Borough ") have reviewed recent amendments to Titles 2A, 40 and 46 of the New Jersey Statutes regarding vacant and abandoned property and the responsibilities of foreclosing creditors; and WHEREAS, as a result of such legislation, certain amendments to the Code of the Borough of Carteret are required; NOW THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough of Carteret that Chapter 93 Entitled "Housing Standards; Unsafe and Abandoned Buildings" of the Code of the Borough of Carteret is hereby amended and supplemented to add the following new Section: Section 1. § 93 -3. Requirements of creditors of vacant or abandoned properties. A. A creditor, as defined in P.L.2014, c.5, who files a 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 subject to the foreclosure, and if located out -of- State, shall be responsible for appointing an in -State representative or agent to act for the foreclosing creditor. B. The Code Enforcement Officer, or any other local official designated by the Govemin Body for administration of any property maintenance or public nuisance code, may issu a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or other authorized municipal official determines that the creditor ha violated any provision of the Chapter by failing to provide for the care, maintenance security, and upkeep of tine exterior of the vacant and abandoned residential propert subject to the foreclosure. I. Such notice shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less thar thirty (30) days from the creditor's receipt of the notice for the creditor to remed3 the violation, or within ten (10) days of receipt of file notice if the violation presents an muninent threat to public health and safety. 2. A creditor subject to this Section who is found to be in violation of this Section by the Borough of Carteret Municipal Court, or by any other court of competent jurisdiction, of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to the ordinance shall be subject to a fine of One Thousand, Five Hundred ($1,500.00) Dollars for each day of the violation. Any fines unposed pursuant to this paragraph shall commence thirty- No. 1 5-28 _ PAGE of 2 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. C. Any creditor whose principal place of business is located outside of the State of New Jersey who has served a summons and complaint in an action to foreclosure on a residential property, shall provide to the Borough Clerk the full name and contact information of its in -State representative or agent, within the 10 -day period as required by N.J.S.A. 46:1013-51, which contains the full name and contact information of an in -Stale representative or agent who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and/or abandoned. 1. Any out -of -State creditor subject to the provisions of this Section who is found by the Borough of Carteret Municipal Court, or by any other court of competent jurisdiction, in violation of the requirement of this Section to appoint an in -State representative or agent pursuant to this Chapter shall be subject to a fine of Two Thousand, Five Hundred ($2,500.00) Dollars for each day of the violation. 2. Any fines 'unposed on a creditor for the failure to - appoint an in -State representative or agent shall commence on the day after the 10 -day period as required by N.J.S.A. 46:1013-51 et seq. for providing notice to the Borough Clerk that a summons and complaint in an action to foreclosure on a mortgage has been served. D. The issuance of a notice pursuant to this Section shall constitute proof that the property is ,, vacant and abandoned" for the purpose of P.L.2012, c.70 (C.2A:50 -73). Section 2. All Ordinances and/or provisions thereof inconsistent with the provision of this Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies. Section 3. If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection, part, clause or phrase shall be deemed to be sever able from the remainder of this Ordinance. Section 4. This Ordinance shall take effect upon passage and publication according to applicable law. RECORD OF COUNCIL VOTE COUNCILMAN YES No NV A.B. COUNCILMAN ITS NO I NV A.B. X � I nlAZ x DI MGIO R SITARZ R I F— X - Indicate Vote AB - Absent NV Not Voting XOR Indicates Vote to Overrule Vcto I Adopted on first reading of the Council of the Borough of Carteret, N.J., on g ' 161 2015 Adopted on second reading after hconned Dazar _ 29, 2015 Ii ,APPROVED BY s. AYOA ON /{ All lr]1(`Ye�'rl FRK � J The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One (1) time(s), once in each issue as follows: December 18, 2015 Notary Public of New Jersey Sworn and subscribed before me day of LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY MY C,OMMIu ' l l r ; � I"r.S MAY 2 Kathleen neel neel M. BarneyMC Municipal Clerk Kathleen M. Barney, MMC Mvnidpal Clerk ($14.96) ��WMI AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: January 6, 2016 Notary Public of New Jersey LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2 2016 Sworn and subscribed hefore me this 76s day of C Kathl Mnee Barney, MMC /�� Municipal Clerk V BOROUGH OF CARTERET `- ORDINANCE 15-28 AMENDING & SUPPLEMENTING CHAPTER 93, ENTITLED "HOUS- ING STANDARDS; UNSAFE AND O ABANDONCUR ULDING" THE CODE OF THE BOROUGH F OF CARTERET BER 16, Hearing Held: 29, 2015 REIRp proved By. MAYOR DANIEL J. MAN " Advertised as Finally Adopted: JANUARY.6, 2016 KATHLEEN M. BARNEY, MMC Municipal Clerk ($12.76)