[HISTORY: Adopted by the Mayor and Council of the Borough
of Kinnelon 9-15-2016 by Ord. No.
14-16. Amendments noted where applicable.]
The title holder, any agent of the title holder having authority
to act with respect to a vacant property, any party holding a subordinate
interest in the title holder of any property, any foreclosing entity
subject to the provisions of N.J.S.A. 46:10B-51 or any other entity
determined by any Court of competent jurisdiction or by the Borough
of Kinnelon to have authority to act or to have any demonstrable interest
with respect to the property.
Any building used or to be used as a residential, 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 provided, however, that any property that contains all building systems in working order, is fully compliant with the Borough's property maintenance code and is being actively marketed by its owner for sale or rent shall not be deemed vacant for the purposes of this chapter. Property determined to be abandoned property in accordance with the meaning of such term as set forth in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., and as set forth in Chapter 142, Rehabilitation of Abandoned Property, of the Code of the Borough of Kinnelon, shall also be deemed vacant property for the purposes of this chapter.
A.
Effective upon passage and adoption of this chapter and publication of same, the owner of any currently vacant property, or any property that subsequently becomes vacant as defined herein, shall within 60 days after the building becomes vacant property or upon adoption of this chapter, or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Borough Zoning Officer on forms provided by the Zoning Officer for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in § 143-4 of this chapter for each vacant property registered. Each property having a separate block and lot number as designated in the official records of the Borough shall be registered separately.
B.
The owner shall notify the Borough Zoning Officer within 30 days
of any change in the registration information by filing an amended
registration statement on a form provided by the Zoning Officer for
such purpose.
C.
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 of Kinnelon against
the owner or owners of the building.
A.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Borough to conduct an exterior and interior inspection of the
vacant property to determine compliance with the Code of the Borough
of Kinnelon, following reasonable notice, during the period covered
by the initial registration or any subsequent renewal. 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 agreed upon between the owner
and the Borough.
B.
The registration statement shall include the name, street address,
and telephone number of a natural person 18 years of age 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 proceeding, on behalf of
such owner or owners in connection with the enforcement of any applicable
code. This person must maintain an office in the State of New Jersey
or reside within the State of New Jersey. The statement shall also
include the name, street address, e-mail address and telephone number
of the person responsible for maintaining and security of the property,
if different.
C.
An owner who is a natural person and who meets the requirements of
this chapter as to location of residence or office may designate him
or herself as agent.
D.
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
Zoning Officer of a change of authorized agent or until the owner
files a new annual registration statement. The designation of an authorized
agent in no way releases the owner from any requirement of this chapter.
E.
If an owner fails to register vacant property under the provisions
of this chapter, notice of any and all code violations concerning
the vacant property and all process in any court proceeding or administrative
enforcement proceeding brought to enforce code provisions concerning
the vacant property shall be provided by posting on the vacant property
and by service at the last known address of the owner of the property
by regular and certified mail.
A.
The initial registration fee for each building shall be $250. The
fee for the first renewal is $500. The fee for the second and any
subsequent renewal is $750.
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Vacant and Abandoned Property Registration Fee Schedule
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Initial registration $250
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First renewal $500
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Second and any subsequent renewal $750
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The owner of any building that has become a vacant property,
and any person maintaining, 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 Code of the Borough of Kinnelon;
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 (if designated pursuant to § 143-3 of this chapter), 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 by 10 inches; and
C.
Post the property with "No Trespassing" signs or signs of a sufficient
nature to give notice to any person entering the property that it
is against the law to enter the property without the permission of
the owner; and
D.
Secure the building from unauthorized entry and maintain all signs
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
E.
Ensure that the exterior grounds of the property, including yards,
fences, sidewalks, walkways, right-of-ways, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from trash, debris, loose litter and weed and weed growth;
and
F.
Continue to maintain the structure in a secure and closed condition
until the building is again occupied, demolished, or until repair
and/or rehabilitation of the building is complete.
The Borough Zoning Officer may issue rules and regulations for
the administration of the provisions of this chapter. The governing
body of the Borough of Kinnelon shall be notified in the event that
any rules and regulations for the administration of the provisions
of this article are adopted or amended.
A.
Any owner who violates any provision of this chapter or of the rules
and regulations issued hereunder shall be subject to a fine of not
less than $500 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 chapter shall be recoverable from
the owner and may become a lien on the property, in accordance with
the provisions of state law and the Code of the Borough of Kinnelon.
B.
For purposes of this chapter, failure to file a registration statement
in time, failure to provide correct information on the registration
statement and failure to comply with any rules and regulations established
by the Zoning Officer pursuant to this chapter shall be deemed to
be violation of this chapter.
Nothing in this chapter is intended to nor shall be read to
conflict or prevent the Borough from taking action against buildings
found to be unfit for human habitation or unsafe structures as provided
in applicable provisions of the Code of the Borough of Kinnelon 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 chapter.
