[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-26-1985 (Ch. 42 of the 1974 Code)]
[Amended 2-9-2000]
The owner, tenant or occupant of lands lying within the limits
of the Borough of Westville shall remove from such lands or destroy
brush, weeds, including ragweed, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris where it shall
be necessary and expedient for the preservation of the public health,
safety and general welfare or to eliminate a fire hazard.
[Amended 7-8-1986; 7-11-1989; 2-9-2000]
In the event that an owner, tenant or occupant of lands fails
to remove such objects from the lands owned or rented, the Superintendent
of Public Works and/or the designated Borough inspection representative
of the Borough of Westville may direct that the same be removed or
destroyed and direct a notice to the owner or tenant to remove or
destroy or to provide for the removal or destruction of the same.
[Added 10-9-1990]
The designated representative of the Borough of Westville or
his or her designated agent is hereby authorized and directed to make
the necessary inspections to determine the condition of the properties
within the Borough of Westville in order that they may perform their
duty of safeguarding the health and safety of the general public pursuant
to this section. For the purpose of making such inspections, the designated
representative or his or her designated agent is hereby authorized
to enter the properties in the Borough of Westville and to examine
and survey, at all reasonable times, such premises. The owner or occupant
of every property, or the person in charge thereof, shall give the
designated representative or his or her designated agent free access
to such property at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of the property shall give
the owner thereof, or his or her agent or employee, access to any
part of the property at all reasonable times for the purpose of making
such corrections to the property as are necessary to effect compliance
with the provisions of this section or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
section.
[Amended 7-8-1986; 7-11-1989; 2-9-2000]
In the event that the owner, tenant or occupant fails to remove
or destroy the items set forth within 10 days of notice from the Superintendent
of Public Works and/or designated Borough inspection representative
of the Borough of Westville, then and in that event the Borough of
Westville shall destroy or remove from the lands in question the brush,
weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris by or under the direction
of the Superintendent of Public Works and/or designated Borough inspection
representative of the Borough of Westville, and the Superintendent
of Public Works and/or designated Borough inspection representative
shall certify the cost thereof to the governing body of the Borough
of Westville, who shall examine the certificate, and, if it is found
to be correct, the governing body shall cause the cost as shown thereon
to be charged against the lands in question; the amount so charged
shall forthwith become a lien upon such lands and shall be added to
and become and form part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as taxes
and shall be collected and enforced by the same officers and in the
same manner as taxes.
The notice required shall contain a description of the property
affected sufficiently definite in terms to identify the same, as well
as a description of the manner in which such removal or destruction
is to be carried out, and said notice shall further contain a statement
that, unless such removal or destruction is completed within 10 days
after service of such notice, the Borough of Westville will proceed
with such removal or destruction or cause the same to be proceeded
with pursuant to N.J.S.A. 40:48-2.14, or any amendments thereto, and
will charge the costs and expenses thereof against said property.
[Amended 2-9-2000]
Such notice may be served upon the owner(s), tenant(s) or occupant(s)
resident in the Borough of Westville, in person or by leaving the
same at their usual place of residence with a member of their family
above the age of 14 years. In case any such owner shall not reside
in the Borough of Westville, or in the case any such tenant shall
not reside in the Borough of Westville, notice may be served upon
him or her personally or mailed by certified letter to the last known
post office address, or it may be served upon the occupant of the
property or upon the agent of the owner or tenant in charge thereof.
In case the owner or tenant of such property is unknown or service
cannot for any reason be made as above directed, notice thereof shall
be posted in a conspicuous place on the property affected and shall
be published at least once, not less than 10 days before the proposed
removal or destruction, in a newspaper circulating within the Borough
of Westville. There may be inserted in said advertisement notice to
the owner or owners of several different parcels of land. Notice to
infant owners or tenants or owner or owners or tenants of unsound
mind shall be served upon their guardians. Where lands are held in
trust, service shall be made upon the trustee. Where lands are held
by two or more joint tenants, tenants in common or tenants by the
entirety, service upon one of such owners or tenants shall be sufficient
and shall be deemed and taken as notice to all.
[Amended 7-8-1986; 7-11-1989; 2-9-2000]
Proof of service of such notices shall be filed within 10 days
thereafter with the Superintendent of Public Works and/or designated
Borough inspection representative of the Borough of Westville, but
failure to file the same shall not invalidate the proceedings if service
has actually been made as herein provided.
[Amended 2-9-2000]
B.
Any person who is convicted of violating the provisions of this chapter
within one year of the date of a previous violation of the same chapter
and who was fined for the previous violation shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this chapter, but shall be calculated separately from the fine
imposed for the original violation of this chapter. The continuation
of such violation for each successive day shall constitute a separate
offense.
[Adopted 10-27-2004 by Ord. No. 18-04]
[Amended 2-13-2013 by Ord. No. 2-2013]
The Borough Administrator is hereby directed to identify abandoned
properties within the Borough, place said properties on an abandoned
property list established as provided in Section 36 of P.L. 1996,
c. 62 (N.J.S.A. 55:19-55), as amended, and provide such notices and
carry out such other tasks as are required to effectuate an abandoned
property list as provided by law.
The Borough of Westville Administrator is hereby designated
as the public officer for the purposes of carrying out the responsibilities
established by this article and shall have all of the responsibilities
and powers provided by law.
The abandoned property list shall apply to the Borough of Westville
as a whole and in its entirety.
The public officer herein designated shall exercise the authority
by the Borough, pursuant to Section 13, P.L. 2003, c. 210 (N.J.S.A.
55:19-90), to designate qualified rehabilitation entities to act as
the designee of the Borough with respect to the provisions of that
section.
The public officer shall provide a report to the Mayor and governing
body every six months with respect to the number and location of properties
on the abandoned property list, the status of those properties, and
any actions taken by the municipality or by any qualified rehabilitation
entity designated pursuant to the authority granted to the public
officer with respect to any property or list or any other abandoned
property within the Borough of Westville.
[Added 7-8-2013 by Ord. No. 11-2013]
A.
ABANDONED PROPERTY
(1)
(2)
(3)
(4)
OWNER
VACANT PROPERTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Pursuant to N.J.S.A. 55:19-81 is defined as follows: Any
property that has not been legally occupied for a period of six months
and which meets any one of the following additional criteria may be
deemed to be abandoned property upon a determination by the public
officer that:
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and no rehabilitation has taken place
during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the public officer pursuant to this
section;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Chapter 4 of Title
54 of the Revised Statutes of the date of the determination by the
public officer pursuant to this section; or
The property has been determined to be a nuisance by the public officer in accordance with Section 5 of P.L.2003, c. 210 (N.J.S.A. 55:19-82). A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection (1) or (4) of this definition.
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant/abandoned 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 Westville to have authority
to act with respect to the property.
Any building used or to be used as a residence, commercial
or industrial structure which is not legally occupied or at which
substantially all lawful construction operations or 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.
55:19-54, 55:19-78, 55:19-79, 55:19-80 and 55:19-81; 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.
B.
Registration requirements. Effective August 1, 2013, the owner of
any vacant property as defined herein shall, within 30 calendar days
after the building becomes vacant property or within 30 calendar days
after assuming ownership of the vacant property, whichever is later,
or within 10 calendar days of receipt of notice by the municipality,
file a registration statement for such vacant property with the Property
Maintenance Inspector on forms provided by the Borough for such purposes.
Failure to receive notice by the municipality shall not constitute
grounds for failing to register the property.
(1)
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
(2)
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 21
years or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceedings
on behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and e-mail (if applicable) of the firm and the actual name(s) of the
firm's individual principal(s) responsible for maintaining the
property. The individual or representative of the firm responsible
for maintaining the property shall be available by telephone or in
person on a twenty-four-hour per day, seven-day-per-week basis. The
two entities may be the same or different persons. Both entities shown
on the statement must maintain offices in the State of New Jersey
or reside within the State of New Jersey.
(3)
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be prorated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant and/or abandoned property and shall pay a registration or renewal fee in the amount prescribed in Subsection E of this section, for each vacant property registered. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection E of this section, for each vacant property registered.
(4)
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
(5)
The owner shall notify the Property Maintenance Inspector within
30 calendar days of any change in the registration information by
filing an amended registration statement on a form provided by the
Property Maintenance Inspector for such purpose.
(6)
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
owners of the building.
C.
Access to vacant properties. The owner of any vacant property registered
under this section shall provide access to the Borough to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
or the designated agent. Such inspections shall be carried out on
weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such other
time as may be mutually agreed upon between the owner and the Borough.
D.
Responsible owner or agent.
(1)
An owner who meets the requirements of this section with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
(2)
By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any owner who has designated
an authorized agent under the provisions of this section shall be
deemed to consent to the continuation of the agent's designation
for the purposes of this section until the owner notifies the Borough
in writing of a change of authorized agent or until the owner files
a new annual registration statement.
(3)
Any owner who fails to register vacant/abandoned property under the
provisions of this section shall further be deemed to consent to receive,
by posting on the building, in plain view, and by service of notice
at the last known address of the owner of the property on record within
the Borough by regular and certified mail, any and all notices of
code violations and all process in an administrative proceeding brought
to enforce code provisions concerning the building.
E.
Fee schedule. The initial registration fee for each building shall
be $500. The fee for the first renewal is $1,500, and the fee for
the second renewal is $3,000. The fee for any subsequent renewal beyond
the second renewal is $5,000.
|
Vacant Property Registration Fee Schedule
| ||
|---|---|---|
|
Initial registration
|
$ 500
| |
|
First renewal
|
$1,500
| |
|
Second renewal
|
$3,000
| |
|
Subsequent renewal
|
$5,000
| |
F.
Requirements of owners of vacant/abandoned properties. The owner
of any building that has become vacant/abandoned property, and any
person maintaining or operating or collecting rent for any such building
that has become vacant shall, within 30 days thereof:
(1)
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Borough Code, or as set forth
in the rules and regulations supplementing those codes; and
(2)
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent
for the purpose of service of process, and the person responsible
for day-to-day supervision and management of the building, if such
person is different from the owner holding title or authorized agent.
The sign shall be of a size and placed in such a location so as to
be legible from the nearest public street or sidewalk, whichever is
nearer, but shall be no smaller than eight inches by 10 inches; and
(3)
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
(4)
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from trash, debris, loose litter, and gross and weed growth;
and
(5)
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete.
G.
Violations.
(1)
Any person who violates any provision of this section or the rules
and regulations issued hereunder shall be fined not less than $100
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this section shall be recoverable from the owner and
shall be a lien on the property.
(2)
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 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.
