As used in this application of this article for which any property,
vacant or abandoned, that any municipal ordinance applies, the following
terms shall have the meanings indicated:
ABANDONED PROPERTY
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. Each block and lot shall be a separate property.
CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this section, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
OWNER
Includes the titleholder, any agent of the titleholder having
authority to act with respect to a vacant property, any foreclosing
entity to the provisions of Public Law 2008, c. 127, Section 17 (N.J.S.A.
46:10B-51) or Section 2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2),
any debtor in possession of the property, lienholder or mortgage holder,
or any other entity determined by the Township to have authority to
act with respect to the property.
REGISTRANT
Any person or entity who files a registration statement in
accordance with this chapter shall be also known as a "registrant."
RESTORATION PERIOD
The time following an initial vacant property registration
and acceptance of a vacant property fee abeyance request.
STRUCTURE
Any construction, production, or piece of work artificially
built up or composed of parts purposefully joined together.
VACANT PROPERTY
Any residential or commercial structure that meets the following
criteria shall be deemed vacant:
A.
If it is not legally occupied by a mortgagor or tenant, which
is in such condition that it cannot legally be reoccupied because
of the presence or a finding of at least two of the following:
(1)
Overgrown or neglected vegetation;
(2)
The accumulation of newspapers, circulars, flyers, or mail on
the property;
(3)
Disconnected gas, electric, or water utility services to the
property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
(5)
The accumulation of junk, litter, trash, or debris on the property;
(6)
The absence of window treatments such as blinds, curtains, or
shutters;
(7)
The absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant or abandoned;
(9)
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes that are damaged, broken, and
unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(11)
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
(12)
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;
(13)
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;
(14)
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
B.
Each block and lot shall be considered a separate property.
The registrant shall pay $2,000 per property annually if the
property is vacant or abandoned pursuant to the definition in this
chapter. This vacant property registration fee is separate and distinct
from any fee owed because the property is in foreclosure.
The registrant of any structure that has become vacant property,
and/or any person maintaining, operating or collecting rent for any
such structure that has become vacant, shall, within 30 days from
vacancy:
A. Enclose and secure the structure against unauthorized entry as provided
in the applicable provisions of the Municipal Code for the pendency
of vacancy and restoration period.
B. Post a sign affixed to the structure 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
the day-to-day supervision and management of the structure, if such
person is different from the owner holding title or the authorized
agent. The sign shall be of a size and place 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 18 inches by 24 inches; and
the sign shall remain in place for the pendency of vacancy.
C. Maintain the vacant property for the entire period of vacancy in
accordance with all applicable local and state property maintenance
codes, ordinances or regulations, building codes, health codes and
fire codes pertaining to the exterior condition and appearance of
the structure, the safety and structural integrity of the structure,
the outdoor portion of the property, the condition and safety of accessory
structures on the property, and any conditions on the property which
constitute a hazard or adversely affect the health and safety of persons
who may have contact with the vacant property.
D. Promptly repair all broken windows, doors and other openings and
unsafe conditions. Boarding up of open and broken windows and doors
is prohibited, except as a temporary measure for no longer than 45
consecutive days, which period may be extended at the discretion of
the Fire Chief or their designee. Boards or coverings must be installed
and painted in accordance with Township specifications.
E. Acquire and otherwise maintain liability insurance by procuring a
vacancy policy, covering any damage to any person or any property
caused by any physical condition of the property while registered
with the property registration program in an amount of not less than
$1,000,000 for any unit, structure, including, but not limited to,
residential, structure designed for manufacturing, industrial, storage
or commercial uses, covering any damage to any person or any property
caused by any physical condition of or in the structure. Any insurance
policy acquired or renewed after the structure has become vacant shall
provide for written notice to the Fire Chief or their designee within
30 days of any lapse, cancellation or change in coverage. The owner
shall attach evidence of the insurance to the registration statement.
Any registration statement submitted that does not include such evidence
of insurance shall not be deemed to be a valid registration.
The Fire Chief or their designee may issue rules and regulations
for the administration of the provisions of this article.
Nothing in this article is intended to or shall be read to conflict
or prevent the Township from taking action against structures found
to be unfit for human habitation or unsafe structures, as provided
in applicable provisions of the Code of the Township of Bloomfield,
or imposing a lien for costs on any property to the full extent permitted
by law. Further, any action taken under such code provision other
than the demolition of a structure shall relieve an owner from its
obligations under this article.