By Amy Batista
The council introduced an ordinance that if passed would set standards for registering and maintaining abandoned and vacant properties during its Monday night meeting.
The New Jersey Legislature enacted a new law in late 2014 authorizing municipal governments to pass such an ordinance. According to the ordinance, mortgage foreclosures often result in the abandonment and neglect of residential properties.
”Abandoned and vacant properties have always been a problem,” Mayor Larry Quattrone said. “With this ordinance in place, we can have an avenue to keep things looking better.”
Borough Administrator Henry Underhill said, “This ordinance is possible because the state passed legislation last year enabling towns to regulate properties in foreclosure. The problem was that a bank could start foreclosure, and get the resident out of the house but never finish the foreclosure property. That made it impossible for a town to require maintenance of the property. Citing the owner would not work because they were gone. And the bank was not the ‘owner.’ This ordinance will require a mortgage holder to register with the town once they start foreclosure. Thereafter they are responsible to mow grass, etc.”
According to the ordinance, it is in the public interest for Hightstown to establish a mechanism to identify and track vacant and abandoned residential properties in the borough that are in foreclosure, to establish standards for the maintenance of those properties and to enforce those standards of maintenance.
”Sometimes the taxes are paid, but the properties are not kept up,” Mayor Quattrone said. “With this in place, banks or creditors will have to register with town hall.”
He said if they don’t maintain the properties, they would get a letter and/or a fine.
The initial registration fee for each vacant and abandoned property will be $500. The fee for the first annual renewal will be $1,500 and the fee for the second annual renewal will be $3,000. The fee for any subsequent annual renewal beyond the second renewal will be $5,000, according to the ordinance.
A creditor filing a summons and complaint in an action to foreclose on a residential property within the borough will be immediately responsible for the care, maintenance, security and upkeep of the exterior of the property, after the property becomes vacant and abandoned, according to the ordinance.
When a creditor is located out-of-state, the creditor will be responsible for appointing an in-state representative or agent to act on the creditor’s behalf, according to ordinance.
The duty of administering and enforcing the provisions of the ordinance is conferred upon the municipal clerk, construction official, zoning officer, housing officer, health officer, borough police, and any other duly appointed representatives, according to the ordinance.
A creditor who is found by the municipal court or by any other court of competent jurisdiction to be in violation of the ordinance will be subject to a fine of $1,500 for each day of the violation, according to the ordinance.
A public hearing on the proposed ordinance is scheduled for June 1 at 7 p.m. at the Hightstown First Aid Building.
