[Amended 8-16-2007 by Ord. No. 07-60; 5-21-2009 by Ord. No.
09-17; 10-17-2013 by Ord. No. 13-47; 3-17-2016 by Ord. No. 16-10]
A.
Required.
(1)
The nonoccupant owner of any structure which is let or rented to
another for the purpose of living therein shall register such structure
on a registration form to be provided by the Department of Inspections
and shall pay an annual nonrefundable registration fee of $90 per
structure plus $25 for each dwelling unit within the structure. Such
a structure is hereinafter referred to as a "rental structure." The
registration fee shall include the annual registration permit and
necessary inspections. The nonoccupant owner shall also include on
the registration form his/her home and business addresses, day and
evening telephone numbers, social security number, driver's license
(state of issuance and number), and date of birth. In the event the
nonoccupant owner of the rental structure designates an agent to act
on his/her behalf or in his/her stead, including, but not limited
to, accepting service of process and acting as the attorney in fact
in any hearing, the registration form shall also include the agent's
name, home and business addresses, day and evening telephone numbers,
social security number, driver's license (state of issuance and number)
and date of birth. The day telephone number where the nonoccupant
owner or authorized agent can be reached during regular business hours
shall be equipped with an answering service or device.
[Amended 12-19-2019 by Ord. No. 19-76]
(2)
In the event the owner of the property is a corporation or entity other than an individual, the registration form shall include the names, the home and business addresses, day and evening telephone numbers, social security numbers and dates of birth for all officers of the corporation or other entity and shall further include the foregoing information of the registered agent. The owner or the authorized agent shall comply with the registration provisions by March 1 of each calendar year. The annual fee shall not be prorated for a registration completed for only a portion of the calendar year. Failure to comply with this provision shall subject the owner and/or his/her agent to the penalties prescribed in § 132-88 and in accordance with the provisions of Article IV of this chapter.
B.
(Reserved)
C.
Exceptions. Where a rental structure is occupied by a family member
of the owner, the owner shall not be required to register such property.
Family members shall be defined as children, mother or mother-in-law,
father or father-in-law, sister or sister-in-law, brother or brother-in-law,
grandparents or grandchildren of the nonoccupant owner. The owner
shall be required to submit a sworn affidavit by March 1 of each calendar
year to the Division of Housing Inspections, which shall set forth
the name of the individual occupying the property and the individual's
familial relationship to the owner.
D.
Interpretation. If any of the provisions of this subsection conflict
with any prior subsections, the language of this subsection shall
control. This amendment is intended to ensure compliance with the
recent decision of the New Jersey Superior Court as set forth in Timber
Glen Phase III, LLC v. Township of Hamilton, 441 N.J. Super. 514 (App.
Div. 2015), and this amendment shall be interpreted in accord with
same.
[Amended 2-5-2004 by Ord. No. 04-6]
Any change in the address or telephone number of persons cited in § 132-79 shall be reported to the Division of Housing within one business day after such change.
[Amended 7-19-2011 by Ord. No. 11-31; 12-19-2019 by Ord. No. 19-76]
In addition to the registration information required in § 132-79, the owner shall be required to indicate the total number of dwelling units in each property rented, the location of each property, the names and cell phone numbers of all persons living in each dwelling unit, the names and cell phone numbers of each person living in each dwelling unit, the number of bedrooms in each dwelling unit and the square footage of each dwelling unit. The owner shall also file with the Department of Inspections a copy of any and all leases pertaining to the rental dwelling unit. The owner shall also file with the Department of Inspections a copy of any and all leases pertaining to each dwelling unit.
The owner cited in § 132-79 shall be required to report any change in the number of occupants and the number of dwelling units to the Division of Housing within five days after such change.
All owners subject to § 132-79 shall be required to have an agent residing within or within 200 feet of any rental structure with nine or more units and shall provide the Division of Housing with the name, address and telephone number of such agent.
Any change of managers as required by § 132-84 shall be reported to the Division of Housing within one business day of such change with the information required by this section.
[Amended 7-19-2011 by Ord. No. 11-31; 11-7-2013 by Ord. No. 13-52; 3-17-2016 by
Ord. No. 16-10]
A.
All non-occupant-owned structures which are let or rented to another for the purpose of living therein shall be inspected once every five years to ensure compliance with the Housing Code. In addition, all vacant dwellings shall be inspected and issued a certificate of approval prior to occupancy by a new tenant to ensure compliance with the Housing Code. The Division of Housing Inspections shall inspect the vacant unit within five days of receipt of notice from the nonoccupant owner. A determination that a particular unit is not in compliance with the Housing Code shall not affect the ability of the owner to continue renting any remaining units within the registered structure. Those persons who fail to comply with the requirements of this section shall be subject to the appropriate penalties as provided in Chapter 1, Article III, General Penalty, and in accordance with the provisions of Article IV.
B.
A state-licensed contractor with experience in the field must provide
a certification of the heater and chimney every five years or when
deemed necessary by the Housing Inspector. Said contractor shall not
have any financial or ownership interest in the property that is being
certified.
C.
A unit inspection fee of $50 will be assessed if a landlord fails
his/her first reinspection and a second reinspection is required.
The first initial inspection and first reinspection remain free of
charge.
Each unit will receive a rating of habitability.
A.
Unsatisfactory. This rating shall cause the dwelling,
dwelling unit or structure to be vacated immediately and considered
unfit for human habitation.
B.
Conditional. This rating shall permit occupancy. However, the violations as cited would have to be corrected in no longer than a thirty-day period of time. If violations continue to exist, court action would be instituted and a fine or penalty as prescribed in Chapter 1, Article III, General Penalty, would be issued on a daily basis.
C.
Satisfactory. This rating shall permit occupancy for
a period of one year or until the next scheduled inspection for habitability
or upon receipt of a complaint.
Nothing in this chapter shall impair the right
of the State of New Jersey, Department of Community Affairs, to conduct
and investigate complaints or perform inspections within the City
on a building which is inspected under the provisions of N.J.S.A.
55:13A-6(e), 55:13A-7 and 55:13A-7.1 regulations or interfere with
its administrative process, nor does this section in any way imply
that the City supersedes the regulations as established by the State
of New Jersey.
[Amended 5-21-2009 by Ord. No. 09-17; 3-17-2016 by
Ord. No. 16-10]
A late penalty of two times the registration fee as set forth in § 132-79A above shall be imposed upon the owner for failure to submit a completed registration form by January 1 of each calendar year. The failure to complete the registration process by March 1 of each calendar year shall subject the owner to the general penalties set forth in § 1-17 of the Code of the City of Trenton. Each calendar month thereafter where such failure continues shall constitute a separate offense.
[Amended 3-17-2016 by Ord. No. 16-10]
All completed registration forms under this
chapter shall have attached thereto a sworn affidavit that property
taxes have been paid through the preceding quarter and that all water,
sewer and any other municipal fees for the subject property are current
and up-to-date. A tax account which is currently under an installment
agreement authorized by the Tax Collector shall not be deemed delinquent
for purposes of this provision. In addition, a water and sewer account
which is currently under a deferred payment agreement authorized by
the Division of Water Billing shall not be deemed delinquent for purposes
of this section.
[1]
Editor's Note: Former § 132-90, License revocation or
suspension, and § 132-91, Nontransferable license, were repealed
3-17-2016 by Ord. No. 16-10.
[Amended 5-21-2009 by Ord. No. 09-17; 10-17-2013 by Ord. No. 13-46; 11-6-2014 by Ord. No. 14-54; 7-16-2015 by Ord. No. 15-14]
A.
MUNICIPAL OFFICER
OWNER
VACANT PROPERTY
Definitions. For purposes of this section, the following terms are
defined as set forth herein:
The Director of the Department of Housing and Economic Development
or such official within that Department as may be designated by the
Director in writing.
Includes any private title holder, any agent of a private
title holder having authority to act with respect to a vacant property,
any foreclosing entity that has filed a notice with the Municipal
Clerk pursuant to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c.127, Sec. 17, as amended by P.L. 200, c.296), or any other entity
determined by the Municipal Officer of the City of Trenton to have
authority to act with respect to the property. This section exempts
any municipal, county or state owner of a vacant building or structure.
Any building or structure which is not at present legally
occupied or at which all lawful business or construction operations
or residential or other occupancy have substantially 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. 55:19-78
et seq. However, a building shall not be deemed vacant property for
the purposes of this section if the building is habitable and in which
all building systems are in sound working order, the building and
grounds are maintained in good condition, and which is being actively
marketed by its owner for sale or rental; or the building is scheduled
for demolition within 30 days after the date on which the initial
registration fee or renewal fee is due.
B.
Registration required; renewal; waiver of fee.
(1)
Effective on January 1, 2015, the owner of any vacant property
as defined herein shall, within 30 days after the building becomes
vacant property or within 30 days after assuming ownership of the
vacant property, whichever is later; or within 10 days of receipt
of notice by the municipality, file a registration statement for such
vacant property with the Municipal Officer, on forms provided for
that purpose by the Municipal Officer, along with any fee required
by this section. Failure to receive notice by the municipality shall
not constitute grounds for failing to register the property.
(2)
Each property having a separate tax block and lot number shall
be registered separately.
(4)
The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building or structure remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection E for each vacant property registered.
(5)
For purposes of efficient administration, the Municipal Officer
may establish a single date in each year upon which all registrations
shall be renewed, in which case the initial registration fee shall
be pro-rated for any property that has become a vacant property less
than 10 months prior to that date.
(6)
Waiver of registration fee.
(a)
Any owner of vacant property who submits plans to the Department of Inspections demonstrating that the building or structure will be completely rehabilitated and restored to productive use and occupancy within the twelve-month period following the date of the initial property registration, or a notarized letter from a licensed contractor or architect stating that the building or structure is capable of being completely rehabilitated and restored to productive use and occupancy within the twelve-month period following the date of the initial property registration, shall be exempt from payment of the registration fee. The owner must still comply with all other provisions of this section. In the event that the building or structure has not been restored to productive use and occupancy at the end of the twelve-month period following the date of the initial property registration, the owner shall be liable for any fee waived and shall also be required to pay the renewal fee as identified in Subsection E of this section. The Municipal Officer may extend the waiver of the registration fee for not more than one additional year in response to a written request by the owner where the Municipal Officer finds that compelling conditions outside the owner's control made it impossible for the owner to restore the property within the initial twelve-month period.
(b)
Where the owner is an entity experienced in rehabilitation or
redevelopment of vacant properties, and where the property subject
to this section is being held for a project of rehabilitation or redevelopment
consistent with municipal plans and ordinances, and where by virtue
of financing, marketing or other conditions that project may require
more than one year for realization, the Municipal Officer may extend
the waiver of the registration fee on an annual basis without limitation,
upon written request by the owner, as long as the Municipal Officer
finds that the owner is making reasonable progress toward completion
of the project. The owner shall provide the Municipal Officer with
such documentation, which may include plans, financing applications,
applications for land use approval or other evidence of progress.
(7)
The owner shall notify the Municipal Officer within 30 days
of any change in the registration information by filing an amended
registration statement on a form provided by the Municipal Officer
for such purpose.
(8)
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 City against the
owner or owners of the building.
(9)
The Municipal Officer is authorized to draft and enforce rules
and regulations to effect the provisions and purposes of this section.
Such rules and regulations shall be made available on the City's website
and in the Department of Housing and Economic Development.
C.
At any time after filing a registration statement or a renewal of
a registration statement, the owner of any vacant property shall provide
access to the City to conduct exterior and interior inspections of
the building to determine compliance with municipal codes, on reasonable
notice to the property owner or the designated agent.
D.
Registration statement information; authorized agent.
(1)
The registration statement shall include:
(a)
The name, street address, e-mail address and telephone number
of a natural person 21 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; and
(b)
The name, street address, e-mail address and telephone number
of the firm or individual 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.
(2)
An owner who is a natural person may designate himself or herself
as agent or as the individual responsible for maintaining the property.
(3)
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 and 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 Municipal Officer, in writing, of a change of authorized agent
or until the owner files a new annual registration statement.
(4)
Any owner who fails to register a vacant property under the
provisions of this section shall further be deemed to consent to receive,
by posting at the building, any and all notices of code violations
and all process in an administrative proceeding brought to enforce
code provisions concerning the building.
E.
Fees.
(1)
The registration and renewal fee for each building or structure
shall be as follows:
[Amended 1-17-2019 by Ord. No. 19-3]
|
Type
|
Fee
|
|---|---|
|
Initial registration
|
$500
|
|
First annual renewal
|
$1,300
|
|
Second annual renewal
|
$2,000
|
|
All subsequent annual renewals
|
$3,000
|
(2)
All fee income resulting from the application of this section
shall be deposited in a trust fund that shall be used for the sole
purpose of carrying out municipal activities with respect to vacant
and distressed properties, including but not limited to code enforcement,
abatement of nuisance conditions, stabilization, rehabilitation, and
other activities designed to minimize blight and/or promote further
productive reuse of properties.
F.
The owner of any structure that has become vacant property, and any
person responsible for maintaining any such building that has become
vacant, shall, within 30 days of the structure becoming vacant or
30 days of the owner taking title to the property:
(1)
Enclose and secure the structure as provided in the applicable
code of the City of Trenton or as set forth in rules and regulations
adopted by the Municipal Officer to supplement those codes;
(2)
Ensure that the grounds of the structure, including yards, fences,
sidewalks, walks and driveways, are well maintained and kept free
from trash or debris;
(3)
Post a sign affixed to the structure with the name, address
and telephone number of the owner and the owner's authorized agent
for the purpose of service of process, and the name, address and telephone
number of the entity responsible for maintenance of the property,
which may be the same as the authorized agent. The sign shall be at
least eight inches by 24 inches in dimension, shall include the words
"To report problems with this building, call....", and shall be placed
in a location where it is clearly legible from the nearest public
street sidewalk; and
(4)
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 or rehabilitation of the building is
complete.
G.
Liability insurance.
(1)
The owner of any vacant property shall acquire or otherwise
maintain liability insurance, in an amount of not less than $300,000
for buildings designed primarily for one- to four-unit residential
use and not less than $1,000,000 for any other building, including,
but not limited to, buildings designed for multifamily, manufacturing,
storage or commercial uses, covering any damage to any person or any
property caused by any physical condition of or in the building.
(2)
Any insurance policy acquired or renewed after the building
has become vacant shall provide for written notice to the Municipal
Officer within 30 days of any lapse, cancellation or change in coverage.
The owner shall attach evidence of the insurance to the owner's registration
statement. Any registration statement submitted that does not include
such evidence shall not be deemed to be a valid registration.
H.
The City of Trenton shall establish an online procedure by which
citizens can provide the Municipal Officer, through electronic means,
with information on unkempt or unregistered properties that may be
subject to this section.
I.
Violations and penalties.
(1)
Any person who violates any provision of this section or of
the rules and regulations issued hereunder shall be fined not less
than $250 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 section shall be recoverable from the owner
and shall be a lien on the property.
(2)
For purposes of this section, failure to file a registration statement within 30 days after a building becomes vacant property or within 30 days after assuming ownership of a vacant property, whichever is later; or within 10 days of receipt of notice by the municipality, failure to provide correct information on the registration statement, failure to comply with the provisions of Subsection F or G of this section or such other matters as may be established by the rules and regulations of the Municipal Officer shall be deemed to be violations of this section.
