[HISTORY: Adopted by the Township Council
of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 93 of the 1998
Code. Amendments noted where applicable.]
The regulation of unfit dwellings, pursuant
to N.J.S.A. 40:48-2.3, heretofore provided for by the Township, is
continued. The public officer to exercise the powers prescribed herein
and in said statute is the Construction Official under the State Uniform
Construction Code.
[Amended 3-10-2009 by Ord. No. 09-04]
The public officer may make preliminary investigations
and issue complaints based thereon, charging dwellings to be unfit
for human habitation. Such action may be initiated by petition of
a public authority, or at least five residents of the municipality,
alleging that any building is unfit for human habitation. The complaint
of the public officer shall be served on the owner of the premises
in question and shall state the charges and the time and place at
which such charges will be heard before the public officer, which
time shall not be less than seven nor more than 30 days after service
of the complaint.
If after notice and hearing the public officer
determines that the building under consideration is unfit for human
habitation or occupancy or use, the public officer shall state, in
writing, findings of fact in support of such determination and shall
issue and cause to be served upon the owner thereof and parties in
interest an order:
A.
Requiring the repair, alteration or improvement of
the building to be made by the owner within a reasonable time, which
time shall be set forth in the order or, at the option of the owner,
to vacate or have said building vacated and closed within the time
set forth in the order.
B.
If the building is in such a condition as to make
it dangerous to the health and safety of persons on or near the premises,
and the owner fails to repair, alter or improve said building within
the time specified in the order, then the owner shall be required
to remove or demolish said building within a reasonable time as specified
in said order of removal.
A.
If the owner fails to comply with an order to repair,
alter or improve or, at the option of the owner, to vacate or close
the building, the public officer may cause such building to be repaired,
altered or improved or to be vacated and closed. The public officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
B.
If the owner fails to comply with an order to remove
or demolish the building, the public officer may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement for, and receipt of, bids therefor.
[Amended 3-10-2009 by Ord. No. 09-04]
[Amended 3-10-2009 by Ord. No. 09-04]
The cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges, incurred in
the course of any proceeding taken under this chapter determined in
favor of the municipality, and such cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition,
if any, or the amount of the balance thereof remaining after deduction
of the sum, if any, realized from the sale of materials derived from
such building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which such
cost was incurred. If the building is removed or demolished by the
public officer, he shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof,
including the clearance and, if necessary, leveling of the site, the
proceeds of any sale of such materials or any sum derived from any
contract for the removal or demolition of the building. If there are
no such credits or if the sum total of such costs exceeds the total
of such credits, a detailed statement of the aforesaid costs and the
amount so due shall be filed with the Municipal Tax Assessor or other
custodian of the records of tax liens, and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total
of the credits exceed such costs, the balance remaining shall be deposited
in the Superior Court by the public officer, shall be secured in such
manner as may be directed by such Court, and shall be disbursed according
to the order or judgment of the Court to the persons found to be entitled
thereto by final order or judgment of such Court. Any owner or party
in interest may, within 30 days from the date of the filing of the
lien certificate, proceed in a summary manner in the Superior Court
to contest the reasonableness of the amount or the accuracy of the
costs set forth in the municipal lien certificate.
[Added 3-10-2009 by Ord. No. 09-04]
Nothing in this chapter shall be construed to
impair or limit in any way the power of the municipality to define
and declare nuisances and to cause their removal or abatement, by
summary proceedings or otherwise, nor is anything in this act intended
to limit the authority of the enforcing agency or Construction Official
under the State Uniform Construction Code Act (P.L. 1975, c. 217;
N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted thereunder.
A.
The public officer may determine that a building is
unfit for human habitation or occupancy or use if the public officer
finds that conditions exist in such building which are dangerous or
injurious to the health or safety of the occupants of such building,
the occupants of neighboring buildings or other residents of Ewing
Township. Such conditions may include, but are not limited to:
[Amended 3-26-2013 by Ord. No. 13-09]
Complaints or orders issued by the public officer
pursuant to this chapter shall be served upon persons either personally
or by registered mail. If the whereabouts of such persons is unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once in a newspaper printed
and published in the municipality or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
municipality in which the buildings are located, and by posting a
copy of the complaint in a conspicuous place upon the premises affected
by the complaint or order. A copy of such complaint or order shall
be duly recorded or lodged for record with the county recording officer
of the county in which the building is located.
The public officer is hereby authorized to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the power to:
A.
Investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B.
Administer oaths, affirmations, examine witnesses
and receive evidence.
C.
Enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
D.
Appoint and fix the duties of such officers, agents
and employees as are deemed necessary to carry out the purposes of
this chapter.
E.
Delegate any functions and powers under this chapter
to such officers and agents as the public officer may designate.
[Added 4-23-2013 by Ord. No. 13-16]
A.
ABANDONED PROPERTY
(1)
(a)
(b)
(c)
(d)
(2)
EVIDENCE OF VACANCY
(1)
(2)
OWNER
VACANT PROPERTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A.
55:19-83), 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 no rehabilitation has taken place
during that six-month period;
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;
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 non-residential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as two-thirds or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential 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 (1)(a) or Subsection (1)(d) of this Subsection A.
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include, but is not limited to, evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past-due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
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 for the purposes of this section.
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of C.46:10B-51 (P.L. 2008, c. 127,
§ 17), or any other entity determined by the Township of
Ewing to have authority to act with respect to the property.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months, and
which exhibits evidence of vacancy such that a reasonable person would
believe that the property is vacant. Any property that contains all
building systems in working order, is being maintained on a regular
basis, has not been cited by the Township for any violation of municipal
ordinance within such time and is being actively marketed by its owner
for sale or rental shall not be deemed vacant.
[1]
Editor's Note: See N.J.S.A. 54:4-1 et seq.
B.
General requirements.
(1)
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, file a registration statement for each such vacant property with the Ewing Township Office of Code Enforcement on forms provided by the Office of Code Enforcement 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 Subsection D of this section for each vacant property registered.
(2)
Any owner of any building that meets the definition of "vacant property" prior to April 23, 2013, shall file a registration statement for that property on or before June 15, 2013. The registration statement shall include the information required under Subsection C of this section, as well as any additional information that the Office of Code Enforcement may reasonably require.
(3)
The owner shall notify the Office of Code Enforcement within 30 days
of any change in the registration information by filing an amended
registration statement on a form provided by the Office of Code Enforcement
for such purpose.
(4)
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township of Ewing against the
owner or owners of the building.
C.
Registration statement requirements; property inspection.
(1)
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Ewing Township Code Enforcement Official if requested, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal. If an inspection is required of the interior
of the property due to complaints or other cause, the fee for such
inspection shall be the same as that for a certificate of occupancy
inspection as provided in the applicable provisions of the Code of
the Township of Ewing.
(2)
The registration statement shall include the name, street 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. The designated agent must have a contact number that will be
available 24 hours per day on an emergency basis. The statement shall
also include the name of the person responsible for maintaining and
securing the property, if different from the designated agent.
(3)
An owner who is a natural person and who meets the requirements of
this section as to availability of a contact number on a twenty-four-hour
emergency basis may designate himself or herself as agent.
(4)
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 purpose of this section until the owner notifies the Township
of Ewing of a change of the 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 section.
D.
Fee schedule. The initial registration fee for each building shall
be $250. The fee for the first renewal is $500. The fee for any subsequent
renewal is $1,000. After five years, the registration fee shall be
$5,000.
|
Vacant and Abandoned Property Registration Fee Schedule
| ||
|---|---|---|
|
Registration
|
Fee
| |
|
Initial registration
|
$250
| |
|
First renewal
|
$500
| |
|
Any subsequent renewal up to five years
|
$1,000
| |
|
After five years
|
$5,000
| |
E.
Requirements for owners of vacant and abandoned property. The owner
of any building that has become vacant and abandoned property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, immediately:
(1)
Post a sign affixed to the inside of 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 Subsection C of this section), and the person responsible for the 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 15 inches by 17 inches; and
(2)
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Township of Ewing and maintain the sign required in Subsection E(1) above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
(3)
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Township of Ewing; and
(4)
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Ewing Township Clerk for the
delivery of circulars and advertisements to the property; and
(5)
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of water lines;
and
(6)
Make provision for the cessation of electric or gas utility services
to the property; and
(7)
Make provision for the regular maintenance of the exterior of the
property.
F.
Administration. The Ewing Township Mayor and Council may issue rules
and regulations for the administration of the provisions of this section.
G.
Violations and penalties.
(1)
Any owner who is not in full compliance with this section or who
otherwise violates any provision of this section 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 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 in time, failure to provide correct information on the registration statement, failure to comply with the provisions of Subsection E of this section, or such other matters as may be established by the rules and regulations of the Council of the Township of Ewing shall be deemed to be violation of this section.
H.
Compliance with other provisions. Nothing in this section is intended
to nor shall be read to conflict or prevent the Township of Ewing
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 Township of Ewing 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 section.
