12-March-2024
BOROUGH OF BOGOTA
ORDINANCE
NO. 1613
AN ORDINANCE AMENDING CHAPTER 9 OF THE BOGOTA CODE,
ENTITLED “BUILDING AND HOUSING”
WHEREAS, Chapter 9 of the Bogota Code
sets forth the codes and regulations for buildings and properties located
within the Borough of Bogota; and,
WHEREAS,
Section 11 of Chapter 9 currently establishes a registry for all vacant and
abandoned properties located within the Borough; and,
WHEREAS,
after the aforementioned registry was established, the State of New Jersey
adopted N.J.S.A. 40:48-2.12s3, which authorizes the Borough of Bogota to
include foreclosed properties in the aforesaid registry, so as to identify and
monitor residential and commercial property within the Brough for which a
summons and complaint in an action to foreclose on a mortgage has been filed;
and,
WHEREAS,
Section 11 of Chapter 9 currently identifies “any foreclosing entity” as an
“owner” under the vacant/abandoned property registry, but the current language limits
registration to only foreclosed properties that are vacant and abandoned; and,
WHEREAS,
the Mayor and Council wish to amend Section 11 to include all foreclosed
properties in the aforementioned registry, as permitted by N.J.S.A.
40:48-2.12s3.
NOW, THEREFORE, BE IT ORDAINED
by the Mayor and Council of the Borough of Bogota, that Section 11 of Chapter 9
of the Bogota Code, entitled “Registration and Maintenance of Vacant/Abandoned
Properties” shall be renamed “Registration of
Vacant/Abandoned/Foreclosed
Properties”, and that same shall be amended, revised and supplemented as
follows:
Section 1: Amendment to Section 9-11.1, Entitled “Definitions”.
The definition of “Owner” is hereby amended, revised and supplemented as
follows:
Any title holder, any
agent of the title holder having authority to act with respect to a vacant
property any foreclosing entity subject to the provisions of N.J.S.A.
46:10B-51 (P.L. 2008, c. 127, Sec. 17, as amended by P.L. 2009, c. 296), or
any other entity determined by the Borough of Bogota to have authority to act
with respect to the property.
A new definition for “Creditor” shall be added, which
shall read as follows:
CREDITOR
A mortgagee or an agent
or assignee of a mortgagee, such as the servicer, who has filed a complaint in
the Superior Court seeking to foreclose upon a residential or commercial
mortgage. If the entity seeking to
foreclose upon the residential or commercial mortgage changes as a result of an
assignment, transfer, or otherwise after the filing of the foreclosure
complaint in the Superior Court, the new entity shall be deemed the creditor
for purposes of this section. For
purposes of this section, a creditor shall not include the State, a political
subdivision of the State, a State, county or local government entity, or their
agent or assigned, such as the servicer.
The definition of
“Vacant Property” is hereby renamed to “Vacant/Abandoned
Property”,
and is hereby amended, revised and supplemented as follows:
Any vacant land, or any residential or
commercial structure which is not legally occupied or at which
substantially all lawful construction operations or residential
occupancy has ceased, and which is in such condition that it cannot legally be
reoccupied without repair or rehabilitation, including, but not limited to, any
property meeting the definition of "abandoned property" in N.J.S.A.
55:19-80; provided, however, that any property where all building systems are
in working order, where the building and grounds are maintained in good order,
or where the building is in habitable condition,
and where the building is being actively marketed by its owner for sale or
rental, shall not be deemed a vacant property for purposes of this section.
Section
2: Amendment
to Section 9-11.6, entitled “(Reserved)”.
Section 9-11.6 shall be renamed
“Requirements of Foreclosed Properties” and shall read as follows:
(a)
A
creditor who files a summons and complaint in an action to foreclose shall, in
addition to the notice provided to the Borough of Bogota pursuant to Section 17
of P.L. 2008, c. 127 (c. 46:10B-51) or Section 2 of P.L. 2021, c. 444 (C.
40:48-2.12s2), register the residential or commercial property with the Borough
as a property in foreclosure and, as part of that registration: (a) provide the
Borough with the information regarding the creditor required by paragraph (1) of
subsection a. of section 17 of P.L.2008,
c.127 (C.46:10B-51) or paragraph (1) of subsection a.
of section 2 of P.L.2021,
c.444 (C.40:48-2.12s2); (b) identify the date the summons
and complaint in an action to foreclose on a mortgage was filed against the
subject property, the court in which it was filed, and the docket number of the
filing; and (c) identify whether the property is vacant and abandoned in
accordance with the definition in the ordinance required by sub-paragraph (f)
of this subsection;
(b) The
creditor shall update the information provided to the Borough within ten (10)
days of any change in in the name, address, or telephone number of the representative,
agent, or individual authorized to accept service on behalf of a creditor
required to register pursuant to the property registration program following
the filing of the summons and complaint.
(c) If
the creditor is located out-of-State, an in-State representative or agent shall
be appointed to act for the foreclosing creditor. An out-of-State creditor who fails 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) dollars for each day of the
violation. The aforesaid fine shall
commence on the day after the 10-day period for providing notice to the
municipal clerk that a summons and complaint in an action to foreclose on a
mortgage has been served;
(d) If
the property shall become vacant and abandoned after being registered, as
defined in sub-paragraph (f) of this sub-section, the creditor filing a summons
and complaint in an action to foreclose shall update the property registration
with the municipality to reflect the change in the property’s status;
(e) The
creditor filing a summons and complaint in an action to foreclose shall be
responsible for the care, maintenance, security, and upkeep of the exterior of
the property if the property is vacant and abandoned at any time while the
property is registered with the property registration program;
(f) 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:
(i)
overgrown or neglected vegetation;
(ii)
the accumulation of newspapers, circulars, flyers, or mail on the
property;
(iii)
disconnected gas, electric, or water utility services to the
property;
(iv)
the accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
(v)
the accumulation of junk, litter, trash, or debris on the
property;
(vi)
the absence of window
treatments such as blinds, curtains, or shutters;
(vii)
the absence of furnishings and personal items;
(viii)
statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(ix)
windows or entrances to the property that are boarded up or closed
off, or multiple window panes that are damaged, broken, and unrepaired;
(x)
doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(xi)
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;
(xii)
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;
(xiii)
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;
(xiv)
a written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(xv)
any other reasonable indicia of abandonment.
(g) The Code Enforcement Officer for the Borough of Bogota shall be
designated to enforce the provisions of this Chapter. In the case of a violation for failure to
provide care, maintenance, security and upkeep to the exterior of a vacant and
abandoned property, such notice shall require the person or entity to correct
the violation within 30 days of receipt of the notice, or within 10 days of
receipt of the notice if the violation presents an imminent threat to public
health and safety.
Section
2: Amendment to Section 9:11-5, entitled “Fee
Schedule”
Section
9:11-5 shall be amended, revised and supplemented as follows:
A. For all properties not subject to the provisions of Section
9:11-6, the initial registration of the property shall
be two hundred fifty ($250.00) dollars. Upon renewal of the registration for
the second year, the registration fee shall be five hundred ($500.00) dollars,
renewal for the third year shall be one thousand ($1000.00) dollars, renewal
for the fourth year shall be two thousand five hundred ($2,500.00) dollars, and
for every year thereafter said registration fee shall be five thousand
($5,000.00) dollars.
B. For all properties subject to the provisions of Section 9:11-6,
the registration of the property shall be two hundred fifty ($250.00) dollars
for the first year. Upon renewal of the
registration for the second year and subsequent years, the registration fee
shall be five hundred ($500.00) dollars annually. If the property is vacant or abandoned, as
defined in Section 9:11-6(f) of this Chapter, then an additional two thousand
($2,000) dollar registration fee shall be paid annually.
Sectio
n 3:
Amendment to Section 9:11-9, entitled “Violations”
Section
9:11-9 is hereby amended, revised and supplemented as follows:
a.
For all properties not
subject to the provisions of Section 9:11-6, any person
who violates any provision of this section or of the rules and regulations
issued hereunder shall be fined not less than $100.00 and not more than
$2,000.00 for each offense. Every day that a violation continues shall
constitute a separate and distinct offense. Fines assessed under this
subsection shall be recoverable from the owner and shall be a lien on the
property; and
b.
For all properties subject to the provisions
of Section 9:11-6, any creditor found to be in violation of the ordinance, with
the exclusion of Section 9:11-6(c), shall be subject to a fine of one thousand
five hundred ($1,500) dollars for each day of the violation. Any fines imposed
pursuant to this Section shall commence 31 days following receipt of the notice
of violation, except if the violation presents an imminent risk to public
health and safety, in which case any fines shall commence 11 days following
receipt of the notice. No less than
twenty (20%) percent of any money collected pursuant to this subsection shall
be utilized by the Borough for municipal code enforcement purposes.
c.
For purposes of this section, failure to file a registration
statement within thirty (30) calendar days after a building becomes vacant
property or within thirty (30) calendar days after assuming ownership of a
vacant property, whichever is later, or within ten (10) calendar days of
receipt of notice by the municipality, and failure to provide correct
information on the registration statement, or failure to comply with the
provisions of such provisions contained herein shall be deemed to be violations
of this section.
Section
4:
Severability.
If
any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance shall
be declared invalid for
any reason whatsoever, such a decision shall not affect the remaining portions
of the Ordinance, which shall remain in full force and effect, and for this
purpose the provisions of this Ordinance are hereby declared to be severable.
Section
4: Inconsistency.
Any
and all ordinances, or parts thereof, in conflict or inconsistent with any of
the
terms and provisions of
this Ordinance are hereby repealed to such extent as they are so in conflict or
inconsistent.
Section
5: Effective Date
This
ordinance shall take effect twenty (20) days after the first publication
thereof
after
final passage.
INTRODUCTION: February 15, 2024
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Councilperson |
Motion |
Second |
Yes |
Nonn No |
Absent |
Abstain |
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Council President Carpenter |
✔ |
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✔ |
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Councilwoman Kohles |
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✔ |
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Councilman McHale |
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✔ |
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Councilman Mitchell |
|
✔ |
✔ |
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Councilwoman Vergara |
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✔ |
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Councilman Robbins |
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✔ |
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✔
ATTEST: APPROVED:
________________________________ __________________________
Borough Clerk Mayor
I,
Yenlys Flores-Bolivard, Municipal Clerk of the Borough of Bogota, Bergen
County, New Jersey, do hereby certify that the foregoing is a correct and true
copy of an Ordinance adopted by the Borough of Bogota at a meeting held on February 15, 2024
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