As used in this article, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
A.
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A.
55:19-83), 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:
(1)
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;
(2)
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;
(3)
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 as of the date of a determination by the
public officer pursuant to this section; or
(4)
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).
B.
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 space and none of the residential 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
A(1) or Subsection
A(4) of this definition.
C.
A residential property shall not be considered "vacant and abandoned"
if there is an unoccupied building which is undergoing construction,
renovation, or rehabilitation and the building is in compliance with
all applicable ordinances, codes, regulations, and statutes; if there
is a building occupied on a seasonal basis but otherwise secure; or
if there is a building that is secure but is the subject of a probate
action, action to quiet title, or other ownership dispute.
[Added 9-1-2022 by Ord. No. 14-22]
EVIDENCE OF VACANCY
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include but is not limited to evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; a risk to the health, safety or welfare
of the public, or any adjoining or adjacent property owners, exists
due to acts of vandalism, loitering, criminal conduct, or the physical
destruction or deterioration of the property; or any uncorrected violation
of a municipal building, housing or similar code during the preceding
year. Property determined to be abandoned property in accordance with
the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property for the purposes of this article.
OWNER
Includes the 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, Section 17), or any other entity determined by the Township
of Mine Hill to have authority to act with respect to the property.
VACANT PROPERTY
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months, and
which exhibits evidence of vacancy such that a reasonable person would
believe that the property is vacant. Any property that contains all
building systems in working order, is being maintained on a regular
basis, has not been cited by the Township for any violation of a municipal
ordinance within such time and is being actively marketed by its owner
for sale or rental shall not be deemed vacant.
[Amended 5-7-2015 by Ord.
No. 16-15]
The registration fee for each building that has become vacant or abandoned property shall be as set forth in Chapter
235, Fees.
Nothing in this article is intended to nor shall be read to
conflict or prevent the Township of Mine Hill from taking action against
buildings found to be unfit for human habitation or unsafe structures
as provided in applicable provisions of the Township Code and/or the
Uniform Construction Code. Further, any action taken under any such
code provision other than the demolition of a structure shall not
relieve an owner from its obligations under this article.