[HISTORY: Adopted by the Township Council
of the Township of Burlington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 442.
[Adopted 10-27-2015 by Ord. No. 2015-OR-027]
As used in this article, the following terms shall have the
meanings indicated:
Shall include the title holder and any agent of the title
holder having authority to act with respect to a vacant property,
any foreclosing entity subject to N.J.S.A. 46:10B-51 or any other
entity determined by the Township to have authority to act with respect
to the property.
Any building that has not been legally occupied for a period
of six months which, in the reasonable judgment of the public officer,
is in need of rehabilitation, or any building wherein construction
was initiated and was discontinued prior to completion, leaving the
building unsuitable for occupancy, and no construction has taken place
for at least six months from the date of the public official's
determination that the building is unsuitable for occupancy, and at
least two of the following conditions are found to exist:
Overgrown or neglected vegetation, including, but not limited
to, brush, weeds, dead or dying trees;
Infestation of insects, vermin, rats, or other pests;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, letters, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements by neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continually unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners that exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding 12 months, or any order by a public
official declaring the property to be unfit for occupancy and to remain
vacant and unoccupied;
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;
A written statement issued by a mortgager expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
A building where all 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
and abandoned property for purposes of this article.
Effective January 1, 2016, the owner of any vacant property
as defined herein shall, within 30 calendar days after the building
becomes vacant 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 Township, file a registration statement
for such vacant property with the Township Clerk on forms provided
by the Township for such purposes. Failure to receive notice from
the Township shall not constitute grounds for failing to register
the property.
A.
Each property having a separate block and lot number as designated
on the Township's official records shall be registered separately.
B.
The registration statement shall include the name, street address,
telephone number, and email 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 judicial or administrative enforcement proceeding on behalf
of such owner or owners in connection with the enforcement of any
applicable code; and the name, street address, telephone number, and
email address (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. Any entity shown
on the statement must maintain an office in the State of New Jersey
or reside within the State of New Jersey.
C.
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 property and shall
pay a registration or renewal fee in the amount prescribed in this
article for each vacant property.
D.
The annual renewal shall be completed by January 1 of each year.
E.
The owner shall notify the Township Clerk within 30 calendar days
of any change in the registration information by filing an amended
registration statement on the form provided for that purpose.
F.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any enforcement proceeding instituted
by the Township against the owner or owners of the property.
The owner of any registered vacant property shall provide access
to the Township Code Official to conduct exterior and interior inspections
of the property to determine compliance with Township codes, upon
reasonable notice to the property owner or the designated agent. Such
inspections shall be carried out on weekdays between 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 Township Code Official.
The initial registration fee for each building is $250, which
fee may be prorated. The fee for the first renewal is $500. The fee
for any subsequent renewal is $750.
The owner of any building that has become a vacant and abandoned
property, and any person maintaining, operating, or collecting rent
for any such property, shall, within 30 days thereof:
A.
Enclose and secure the building against unauthorized entry, as provided
in the applicable provisions of the Township Code, or as set forth
in rules and regulations supplementing those codes.
B.
Post a sign affixed to the inside of the building indicating the name, address, and telephone number of the owner, the owner's authorized agent for the purpose of service of process, if designated pursuant to § 443-2 of this article, 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.
C.
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.
D.
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 grass and
weed growth.
E.
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 completed.
B.
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 from the Township,
failure to provide correct information on the registration statement,
or failure to comply with any of the provisions contained herein shall
be deemed to be a violation of this article.
[Adopted 10-27-2015 by Ord. No. 2015-OR-028]
The public officer shall be the Construction Official, or such
other person as designated annually by the Mayor, who shall be responsible
for identifying abandoned properties, placing said properties on the
abandoned property list established pursuant to N.J.S.A. 55:19-55,
and providing such notices and carrying out such other tasks as are
required to create an abandoned property list. Each abandoned property
shall be identified by the tax block and lot number, the name of the
owner of record, if known, and the street address of the lot.
The abandoned property list shall apply to the Township as a
whole.
A.
Except as provided in § 443-13 or pursuant to 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
B.
A property which contains both residential and nonresidential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq., 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 (4) of this section.
A.
A property may be determined to be a nuisance if:
(1)
The property has been found to be unfit for human habitation, occupancy
or use pursuant to N.J.S.A. 40:48-2.3;
(2)
The condition and vacancy of the property materially increases the
risk of fire to the property and adjacent properties;
(3)
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so;
(4)
The presence of vermin or the accumulation of debris, uncut vegetation
or physical deterioration of the structure or grounds has created
potential health and safety hazards, and the owner has failed to take
reasonable and necessary measures to remove the hazards; or
(5)
The dilapidated appearance or other condition of the property materially
affects the welfare, including the economic welfare, of the residents
of the area in close proximity to the property, and the owner has
failed to take reasonable and necessary measures to remedy the conditions.
The Township may add properties to the abandoned property list
at any time, and may delete properties at any time when the public
officer finds that the property no longer meets the definition of
an "abandoned property."
Any interested party may submit a written request to the public
officer that a property be included on the abandoned property list,
specifying the street address and block and lot number of the property
to be included, and the basis for the request that the property be
included on the abandoned property list. Within 30 days of receipt
of any such request, the public officer shall provide a written response
to the party, either indicating that the property will be added to
the list of abandoned properties, or if not, the reasons for not adding
the property to the list. An interested party includes a resident
of the Township, any owner or operator of a business within the Township
or any organization representing the interests of residents or engaged
in furthering the revitalization and improvement of the neighborhood
in which the property is located.
A property shall not be included on the abandoned property list
if building permits have been obtained and rehabilitation work is
being performed in a timely manner.
The public officer shall establish the abandoned property list,
and any additions by publication in the official newspaper of the
Township, which publication shall constitute public notice, and, within
10 days after publication, the public officer shall send a notice,
by certified mail, return receipt requested, and by regular mail,
to the owner of record of every property included on the list. The
published and mailed notices shall identify the property determined
to be abandoned setting forth the owner of record, if known, the tax
lot and block number and street address. The public officer, in consultation
with the Tax Collector, shall also send out a notice by regular mail
to any mortgagee, servicing organization, or property tax processing
organization that receives a duplicate copy of the tax bill pursuant
to N.J.S.A. 54:4-64. The mailed notice shall set forth the factual
basis for the public officer's finding that the property is abandoned
property as determined pursuant to N.J.S.A. 55:19-78 et seq., and
the rules and regulations promulgated thereunder, specifying the information
relied upon in making such finding. When the identity of the owner
of record is unknown, and cannot be determined following the exercise
of reasonable diligence by the Tax Collector, notice shall not be
mailed but instead shall be posted on the property in the manner set
forth in N.J.S.A. 40:48-2.7. In all cases, a copy of the mailed or
posted notice shall also be filed by the public officer in the office
of the Burlington County Clerk. The public officer, within 10 days
of the establishment of the abandoned property list, or any additions
thereto, shall send by regular mail, facsimile or electronic mail,
a copy of the abandoned property list to the electric and gas utilities
serving the Township.
An owner or lienholder may challenge the inclusion of a property
on the abandoned property list by appealing that determination to
the public officer within 30 days of the owner's or lienholder's
receipt of the certified notice or 40 days from the date upon which
the notice was sent. An owner whose identity was not known to the
public officer shall have 40 days from the date upon which notice
was published or posted, whichever is later, to challenge the inclusion
of the property on the abandoned property list. For good cause shown,
the public officer shall accept a late filing of an appeal. Within
30 days of receipt of a request for an appeal of the findings contained
in the notice the public officer shall schedule a hearing for redetermination
of the matter. Any property included on the list shall be presumed
to be abandoned property unless the owner, through the submission
of an affidavit or certification by the property owner averring that
the property is not abandoned and stating the reasons for such averment,
can demonstrate that the property was erroneously included on the
list. The affidavit or certification shall be accompanied by supporting
documentation, such as, but not limited to, photographs, repair invoices,
bills and construction contracts. The sole ground for appeal shall
be that the property in question is not abandoned property. The public
officer shall decide any timely filed appeal within 10 days of the
hearing on the appeal and shall promptly, by certified mail, return
receipt requested, and by regular mail, notify the property owner
of the decision and the reasons therefore. The property owner or lienholder
may challenge an adverse determination by filing a summary proceeding
in the Superior Court, Law Division, within 20 days of the date of
the notice of decision mailed by the public officer. The sole ground
for appeal shall be that the property is not an abandoned property.
