[HISTORY: Adopted the Borough Council of
the Borough of Beach Haven 2-8-2016 by Ord. No. 2016-2C. Amendments noted where applicable.]
The Borough of Beach Haven hereby adopts the Abandoned Property
Rehabilitation Act, N.J.S.A. 55:19-78 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
As provided by N.J.S.A. 55:19-81, 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/or rehabilitation has taken place
during that six-month period; and
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 as 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 seq.) 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 A or Subsection D of this definition.
Includes the title holder, any agent of the title holder
having authority to act with respect to 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 Beach Haven to have authority
to act with respect to the property.
The Public Officer shall be the Borough Manager or other
person designated or appointed by resolution of the municipal governing
body pursuant to N.J.S.A. 40:48-2.5 et seq.
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 can not 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 chapter.
A.
The Public Officer is hereby directed to identify abandoned properties
within the Borough, place said properties on an abandoned property
list to be established by the Public Officer 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 Public Officer
may add properties to the list at any time.
B.
An owner or lienholder may challenge the inclusion of property on
the abandoned property list by appealing that determination to the
Public Officer within 30 days of the owner's receipt of the certified
notice or 40 days from the date upon which notice was sent.
A.
When the Borough determines each year which properties are eligible
for tax sale, it may take any or all of the properties eligible for
tax sale which also appear on the abandoned property list and set
them aside for a separate tax sale limited to those properties.
B.
In the event the Borough determines to hold a special tax sale, the
Borough may, at its option, set the terms and conditions for such
sale to include, but not be limited to:
(1)
The purchaser or assignee shall be obliged to perform and conclude
any rehabilitation or repairs necessary to remove the property from
the abandoned property list pursuant to N.J.S.A. 55:19-55 and to post
a bond in favor of the Borough to guarantee the rehabilitation or
repair of the property;
(2)
The purchaser or assignee shall provide documentation of its ability
to rehabilitate or otherwise the reuse the property appropriately;
(3)
Commitments by the bidder to rehabilitate or otherwise reuse the
property;
(4)
Commitments by the bidder to foreclosure on the lien by a specific
date; and
(5)
Condition that if the successful purchaser or assignee fails to carry
out any of the conditions of sale, the Borough may reclaim title to
the property or lien and the purchaser or assignees shall forfeit
the amount paid for the property at special tax sale.
C.
The Borough may waive any of the above requirements, at its option.
D.
Successful purchasers or assignees for properties at a special tax
sale may move immediately to foreclose on the property and exercise
their right of entry to the properties as provided in N.J.S.A. 54:5-86
of the Tax Sale Law, as amended by the Abandoned Properties Rehabilitation
Act.
The owner of any vacant or abandoned 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, and annually thereafter, file a registration
statement for such vacant property with the Public Officer 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.
A.
Each property having a separate block and lot number as designated
in official records of the municipality 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 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 email (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.
C.
The registration shall remain valid for one year from the date of
registration, except for the initial registration, which shall be
prorated for that year. 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 this chapter for each vacant property registered.
D.
The annual renewal shall be completed by January 1 of each year.
The initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
E.
The owner shall notify the Public Officer within 30 calendar days
of any change in the registration information by filing an amended
registration statement on a form provided by the Public Officer for
such purpose.
F.
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.
The owner of any vacant or abandoned property registered under
this chapter 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 during normal
business hours or such other times as may be mutually agreed upon
between the owner and Borough.
A.
An owner who meets the requirements of this chapter with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate himself or herself as agent or as the
individual responsible for maintaining the property.
B.
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.
C.
Any owner who fails to register vacant/abandoned property under the
provisions of this chapter 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.
The initial registration fee for each vacant or abandoned building
shall be $500. The fee for the first annual renewal is $1,500, and
the fee for the second annual renewal is $3,000. The fee for any subsequent
annual renewal beyond the second renewal is $5,000.
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Vacant/Abandoned Property Registration Fee Schedule
| |
|---|---|
|
Registration/Renewal
|
Fee
|
|
Initial registration
|
$500
|
|
First annual renewal
|
$1,500
|
|
Second annual renewal
|
$3,000
|
|
Subsequent annual renewal
|
$5,000
|
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:
A.
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
B.
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
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; and
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 gross and
weed growth; and
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 the abolishment of the building
is complete.
A.
Pursuant to N.J.S.A. 40:48-2.12s, as amended from time to time, a
creditor filing a summons and complaint in an action to foreclose
a vacant or abandoned property shall be responsible for the care,
maintenance, security and upkeep of the vacant and abandoned property,
and if located out of state, shall be responsible for appointing an
in-state representative or agent to act for the foreclosing creditor.
(1)
The out-of-state creditor serving a summons and complaint in an action
to foreclose a vacant or abandoned property shall, within 10 days
of serving the summons and complaint, notify the Borough Clerk that
an action to foreclose has been filed against the subject property
and shall provide the full contact information of the in-state agent
or representative or agent in the notice to foreclose is responsible
for receiving complaints of property maintenance or code violations.
(2)
A creditor serving a summons and complaint in an action to foreclose
a vacant or abandoned property shall, within 10 days of serving the
summons and complaint, notify the Borough Clerk that an action to
foreclose has been filed against the subject property and shall provide
the full contact information of the agent or representative in the
notice to foreclose, which agent or representative is responsible
for receiving complaints of property maintenance or code violations.
(3)
Within 30 days after the adoption of this chapter any creditor that
has previously initiated a foreclosure proceeding which is pending
in the Superior Court shall provide to the Borough with a notice detailing
all properties in the Borough for which the creditor has foreclosure
actions pending, including all information required in the foregoing
subsections.
(4)
In the event the Borough expends funds to abate a nuisance or correct
a violation on vacant and abandoned properties in which the creditor
was given notice but failed to abate or correct the violation, the
Borough shall have the same recourse against the creditor as it would
have against the title owner of the property.
(5)
An out-of-state creditor found by the Municipal Court, or by any
other court of competent jurisdiction, to be in violation of the requirement
to appoint an in-state representative or agent pursuant to this chapter
shall be subject to a fine of $2,500 for each day of the violation.
Any fines imposed on a creditor for the failure to appoint an in-state
representative or agent shall commence on the day after the ten-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.
(6)
A creditor subject to this chapter, found by the Municipal Court,
or by any other court of competent jurisdiction, to be in violation
of the requirement to correct a care, maintenance, security, or upkeep
violation cited in a notice issued pursuant to this chapter shall
be subject to a fine of $1,500 for each day of the violation. Any
fines imposed pursuant to this subsection shall commence 31 days following
receipt of the notice, 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.
B.
The Code Enforcement Office and officers are hereby authorized to
issue a notice of violation to the creditor filing a summons and complaint
in an action to foreclose a vacant or abandoned property if the officer
determines that the creditor has violated this chapter by failing
to provide for the care, maintenance, security and upkeep of the vacant
and abandoned property. Such notices 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. The issuance of a
notice pursuant to this subsection shall constitute proof that a property
is vacant and abandoned.
A.
Except as set forth herein, any person who violates any other provision
of this chapter or the rules and regulations issued hereunder shall
be fined not less than $500 and not more than $1,500 for each offense.
Every day that a violation continues shall constitute a separate and
distinct offense. Fines assessed under this chapter shall be recoverable
from the owner and shall be a lien on the property.
B.
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 chapter.
The abandoned property list and the requirements of this chapter
shall be applicable to the Borough of Beach Haven, in its entirety.
