[HISTORY: Adopted by the Township Council of the Township
of Hillside 6-11-2013 by Ord. No. O-13-008. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall include the title holder, any agent of the 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.2009, c.296), or any other entity determined by the
Township of Hillside to have authority to act with respect to the
property.
The Construction Code Official, or his designee as approved
by resolution of the Township Council, is hereby designated as the
Public Officer of the municipality and shall exercise the powers prescribed
by this chapter.
Any building or structure which is not legally occupied or
at which all lawful business or construction operations or renovation
work or residential 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. 55:19-80;
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 a 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
chapter.
Effective July 1, 2013, the owner of any vacant property as
defined herein shall within 30 calendar days after the building becomes
vacant property or within 30 calendar days after assuming ownership
of the vacant property, whichever is later; or within 10 calendar
days of receipt of notice by the municipality, file a registration
statement for such vacant property with the Code Enforcement Office
on forms provided by the Township for such purposes. Failure to receive
notice by the municipality shall not constitute grounds for failing
to register the property.
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 e-mail address (if applicable) of a 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 the name, street address, telephone number,
and e-mail address (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 a 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 registration shall remain valid for one year from the date of registration except for the initial registration time which shall be prorated through December 31, 2013. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in § 122-8 for each vacant property registered.
D.
The annual renewal shall be completed by January 30 each year. The
initial registration fee shall be prorated.
E.
The owner shall notify the Code Enforcement Office within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Township for such
purpose.
F.
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 Township against the owner or
owners of the building.
H.
The registration statement may include any additional information
that the Public Officer may reasonably require.
Any owner of vacant property who plans to restore the property
to productive use and occupancy during the twelve-month period following
the date of the initial registration of the property shall file a
sufficiently detailed statement of the owner's plans for restoration
of the property with the registration statement. Any owner who within
the initial registration period completes restoration of the property
whereby the property no longer is defined as a vacant property may
request a refund of the vacant property registration fee from the
Code Enforcement Office upon presentation of a certificate of occupancy
who shall forward the request to the Public Officer for approval.
The owner of any vacant property registered under this chapter
shall provide access to the Township 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. and 4:00 p.m., or such other time as may be mutually
agreed upon between the owner and the Township.
A.
An owner who meets the requirements of this chapter 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 Township
of Hillside 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 a vacant property under the provisions
of this chapter 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 with
the Township of Hillside 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.
In additional to any and all other provisions of the Township
Code pertaining to the maintenance of land and structures, 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 calendar days of the structure becoming vacant or within 30 calendar
days of the owner taking title to the property, do the following:
A.
Board and secure the structure and all unattached accessory structures,
garages or similar structures as provided for in the applicable codes
of the Township of Hillside or as set forth in rules and regulations
promulgated by the Construction Code Official.
B.
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 overgrowth.
C.
Post a sign, affixed and protected from the elements, to the structure
indicating 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 owner
or authorized agent. The sign shall include the words "No Trespassing"
and "to report problems with this building, call...," shall be of
sufficient size and shall be placed in a location where it is clearly
visible from the nearest public street or sidewalk, whichever is nearer.
The sign shall meet the requirements of the Township Code.
D.
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,
demolished, or until repair and/or rehabilitation of the building
is complete.
E.
The owner of any vacant property shall acquire and otherwise maintain
liability insurance, in an amount of not less than $300,000 for buildings
designed primarily for residential use, and not less than $1,000,000
for any other building, including, but not limited to, buildings 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 building or property subject to the provisions of this
chapter. Said insurance shall provide a rider for payment of all demolition
costs should the vacant building become abandoned and require the
Township of Hillside to demolish the building. Any insurance policy
acquired or renewed after the building has become vacant shall provide
for written notice to the Township of Hillside Public Officer within
30 calendar 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 be deemed to be an invalid registration.
Insurance must name the Township of Hillside as party or payee for
demolition costs should the Township deem demolition is required.
The Public Officer may issue rules and regulations for the administration
of the provisions of this chapter. Such administratively promulgated
rules and regulations shall be in writing and shall be provided to
the owners of properties registered under this chapter or their designated
agents within 30 calendar days of their effective date.
The registration and renewal fee for each building shall be
as follows:
A.
Any person who violates any provision of this chapter or of the rules
and regulations issued hereunder shall be fined not less than $100
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
shall be a lien on the property.
B.
For purposes of this section, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later; or within 10 calendar days of receipt of notice by the Township, and failure to provide correct information on the registration statement, failure to comply with the provisions of section § 122-6 of this chapter, or such provisions contained herein shall be deemed to be violations of this chapter.
