[HISTORY: Adopted by the Mayor and Council of the Borough of Branchville as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-6-2019 by Ord. No. 07-2019]
As used in this article, the following terms shall have the meanings indicated:
ABANDONED PROPERTY
Shall be defined pursuant to N.J.S.A. 55:19-81 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:
A. 
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; or
B. 
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; or
C. 
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
D. 
At least one installment of sewer or water fees remains unpaid and delinquent under Borough ordinance; or
E. 
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 D of this definition.
OWNER
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, § 17, as amended by P.L. 2009, c. 296), or any other entity determined by the Borough of Branchville to have authority to act with respect to the property.
PUBLIC OFFICER
The Zoning Officer, Health Officer or other official designated by the Borough Council.
VACANT 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 have ceased, and which is in such condition that it cannot legally be occupied or at which substantially all lawful construction operations or occupancy have 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 article.
The owner of any vacant or abandoned property shall, within 30 days after the building becomes vacant or abandoned, or within 10 calendar days of receipt of notice by the Borough, file a registration statement for such vacant or abandoned property with the Borough Clerk on forms provided by the Borough for such purposes. Failure to receive notice by the Borough shall not constitute grounds for failing to register the property. Registration pursuant to this section shall conform to the following:
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 initial registration shall be valid through December 31 of the initial registration year. Thereafter, the owner shall renew their registration annually on or before February 1 of each calendar year as long as the building remains a vacant and/or abandoned property, with renewal registrations being valid for one year.
D. 
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 Borough Clerk for such purpose.
E. 
The registration statement shall be deemed prima facie proof of statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the owners of the building.
The owner of any property registered pursuant to this Chapter 70, Article I, 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. to 4:00 p.m., or such other time as may be mutually agreed upon between the owner and the Borough.
A. 
An owner who meets the requirements of this article 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 article 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 building that becomes vacant/abandoned during any calendar year shall be $500. The fee for first renewal is $1,500, and the fee for the second renewal is $2,500. The fee for any subsequent renewal beyond the second renewal is $3,000. All fees shall be submitted with the initial and renewal registrations required pursuant to this Chapter 70, Article I. Neither the initial nor any renewal fees shall be subject to proration or refund based upon a change in status of the property to or from a vacant/abandoned condition during a calendar year for which the fee is applicable.
The owner of any building that has become abandoned or vacant property, and any person maintaining or operating or collecting rent for property that has become abandoned or vacant shall, within 30 days thereof:
A. 
Enclose and secure the building against unauthorized entry; 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 grass 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 or demolished, or until repair and/or rehabilitation of the building is complete.
A. 
A summons shall be issued to any owner that violates any provision of this article or the rules and regulations issued hereunder, and such owner shall be fined 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 article shall be recoverable from the owner and shall be a lien on the property.
B. 
The fees and fines collected hereunder may be used for enforcement purposes and/or for cleanup and rehabilitation of the properties by the Borough.
C. 
For purposes of this section, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 120 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 article.
The Borough hereby grants to itself all such powers granted to municipalities by the State of New Jersey for the rehabilitation of abandoned property. Such powers are set forth, inter alia, in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., and in the applicable portions of the New Jersey Urban Development Corporation Act, N.J.S.A. 55:19-1 through 55:19-77. These statutory powers are collectively referred to as the "enabling statutes."
[Adopted 11-6-2019 by Ord. No. 06-2019[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 71 but was renumbered to maintain the organizational structure of the Code.
The purpose of this article is to create a regulation regarding registration and maintenance of vacant and abandoned properties in foreclosure in accordance with the provisions of P.L. 2014, c. 35.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s.
As used in this article, the following terms shall have the meanings indicated:
CREDITOR
Consistent with Section 3 of P.L. 2008, c. 86,[1] a state-chartered bank, savings bank, savings and loan association or any credit union, any person required to be licensed under the provisions of the New Jersey Residential Mortgage Lending Act,[2] and any entity acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers.
PUBLICLY OWNED RESIDENTIAL PROPERTY
All lots or parcels owned by the Borough of Branchville, State of New Jersey, volunteer fire or ambulance service and/or civic organizations.
RESIDENTIAL PROPERTY
All lots or parcels designated within the Borough of Branchville, regardless of the zone district in which they are located, that are not publicly owned.
VACANT AND ABANDONED
Consistent with Section 1 of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73), real estate for which a notice of violation in has been issued pursuant to this article and Subsection b of Section 1 of P.L. 2014, c. 35.[3] Where a notice of violation has not been issued pursuant to this article and Subsection b of Section 1 of P.L. 2014, c. 35, property shall be deemed "vacant and abandoned" where a mortgaged property is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intent to commence foreclosure and at least two of the following conditions exist:
A. 
Overgrown or neglected vegetation;
B. 
The accumulation of newspapers, circulars, flyers or mail on the property;
C. 
Disconnected gas, electric, or water utility services to the property;
D. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
E. 
The accumulation of junk, litter, trash or debris on the property;
F. 
The absence of window treatments such as blinds, curtains or shutters;
G. 
The absence of furnishings and personal items;
H. 
Statements of neighbors, delivery persons, or government employees indicating that the residence is vacant and abandoned;
I. 
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
J. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
K. 
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;
L. 
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
M. 
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;
N. 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
O. 
At least one installment of property taxes remains unpaid and delinquent on the property;
P. 
At least one installment of sewer or water fees remains unpaid and delinquent on the property under Borough ordinances; and
Q. 
Any other reasonable indicia of abandonment.
[1]
Editor's Note: See N.J.S.A. 46:10B-38.
[2]
Editor's Note: See N.J.S.A. 17:11C-51 et seq.
[3]
Editor's Note: See N.J.S.A. 40:48-2.12s, Subsection b.
A. 
A creditor filing a summons and complaint in an action to foreclose on a vacant and abandoned property, or a creditor who has previously filed a summons and complaint to foreclose on a residential property which subsequently becomes vacant and abandoned, shall within 30 calendar days after the building becomes vacant and abandoned or within 30 calendar days after assuming ownership of the vacant and abandoned property, whichever is later; or within 10 calendar days of receipt of notice from the Borough, and annually thereafter, file a registration statement for such vacant and abandoned property with the Municipal Clerk on forms provided by the Borough for such purposes. Any failure to receive notice from the Borough shall not constitute grounds for failing to register the vacant and abandoned property.
B. 
Each vacant and abandoned property having a separate block and lot number as designated in the Official Tax Maps of the Borough shall be registered separately.
C. 
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 creditor 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 creditor in connection with the enforcement of any applicable code.
D. 
The registration statement shall include 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 abandoned and vacant property. The individual or representative of the firm responsible for maintaining the abandoned and vacant 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.
E. 
The registration shall remain valid through December 31 of the year in which it was filed. The creditor shall be required to renew the registration annually as long as the building remains vacant and abandoned and shall pay a registration or renewal fee in the amount described in Subsection I of this section for each vacant and abandoned property registered.
F. 
The annual renewal shall be completed by February 1 each year.
G. 
The creditor shall notify the Municipal Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Municipal Clerk for such purpose.
H. 
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 creditor.
I. 
Fee schedule. The initial registration fee for each vacant and abandoned property under the provisions of this section shall be $500. The fee for the first annual renewal shall be $1,500, and the fee for the second annual renewal shall be $2,500. The fee for any subsequent annual renewal beyond the second renewal shall be $3,000.
A. 
A creditor filing a summons and complaint in an action to foreclose on a residential property within the Borough shall be immediately responsible for the care, maintenance, security, and upkeep of the exterior of the property, after the property becomes vacant and abandoned as defined in this article.
B. 
Where a creditor is located out of state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsections C and D of § 70-11. Notice of said representative or agent shall be provided to the Borough Clerk in a manner that is consistent with Subsection a of Section 17 of P.L. 2008, c. 127 (the "Save New Jersey Homes Act of 2008"),[1] and shall further include the full name and contact information of the in-state representative or agent.
[1]
Editor's Note: The Save New Jersey Homes Act of 2008 became inoperative on January 1, 2011, under the terms of N.J.S.A. 46:10B-48.
A. 
Any public officer designated by the Borough pursuant to this article or authorized municipal official responsible for the administration of any property maintenance or public nuisance code shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Borough, if the public officer determines that the creditor has violated this article by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to § 70-12 of this article and the Save New Jersey Homes Act of 2008.[1]
[1]
Editor's Note: The Save New Jersey Homes Act of 2008 became inoperative on January 1, 2011, under the terms of N.J.S.A. 46:10B-48.
B. 
The notice referenced in Subsection A of this section shall require the creditor to correct the violation(s) within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents imminent threat to public health and safety.
C. 
The issue of a notice pursuant to Subsection A of this section shall constitute proof that a residential property is vacant and abandoned for the purposes of this article.
The duty of administering and enforcing the provisions of this article is conferred upon the Municipal Clerk, Construction Official, Zoning Officer, State Police, Health Officer and any other duly appointed representatives.
A. 
A creditor subject to this article that is found by the Municipal Court of the Borough, 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 article shall be subject to a fine not less than $500 nor more than $1,000 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following the creditor's receipt of the notice, except where the violation is deemed to present an imminent risk to the public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
B. 
An out-of-state creditor subject to this article that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an out-of-state representative or agent shall be subject to a fine of $1,000 for each day of the violation. Any fines imposed on an out-of-state creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
C. 
A creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to register a vacant and abandoned property pursuant to this article shall be subject to a fine not exceeding $1,000 for each day of the violation. Any fines imposed on a creditor under this subsection shall commence 11 days following receipt of notice form the Borough pursuant to this article.
D. 
No less than 20% of any money collected by the Borough pursuant to this section shall be utilized by the Borough for Municipal Code enforcement purposes. The Borough may use the fees for cleanup and rehabilitation of the property.
The Borough hereby grants to itself all such powers granted to municipalities by the State of New Jersey for the rehabilitation of abandoned property. Such powers are set forth, inter alia, in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., and in the applicable portions of the New Jersey Urban Development Corporation Act, N.J.S.A. 55:19-1 through 55:19-77. These statutory powers are collectively referred to as the "enabling statutes."