This article governs the maintenance of vacant properties in
the Borough of Lindenwold, amending registration requirements and
amending registration fees for owners of vacant properties.
As used in this article, the following terms shall have the
meanings indicated:
OWNER
Includes 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 provision of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, § 17) or any other entity determined by the Borough
of Lindenwold to have authority to act with respect to the property.
VACANT PROPERTY
Any building used, or to be used, which is not legally occupied
or at which substantially all lawful construction operation or occupancy
has ceased; provided, however, that any property that contains all
building systems in working order, is fully compliant with property
maintenance codes and is being actively marketed by its owner for
sale or rental shall not be deemed vacant. 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 article.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Borough to conduct an exterior and interior inspection of the
building to determine compliance with the municipal code, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal.
A. The registration statement shall include 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 notice 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. This person must maintain an office in the
State of New Jersey or reside within the State of New Jersey. The
statement shall also include the name, street address, e-mail address
and telephone number of the person responsible for maintaining and
securing the property, if different.
B. An owner who is a natural person and who meets the requirements of
this article as to location of residence or office may designate himself
or herself as agent.
C. 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 Construction
Official or his designee of a change of 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 article.
The registration fee for each building shall be as prescribed in Chapter
150, Fees, Article
I, Fee Schedule, §
150-49.
The owner of any building that has become vacant property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, within 30 days:
A. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Code of the Borough of Lindenwold.
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 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 18 inches by 24 inches.
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.
D. Post the property with "No Trespassing" signs of a nature sufficient
to give notice to any person entering upon the property that it is
against the law to enter the property without permission of the owner.
The Construction Official or his designee may issue rules and
regulations for the administration of the provisions of this article.
Nothing in this article is intended nor shall be read to conflict
or prevent the Borough 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 Borough of Lindenwold.
Further, any action taken under any such code provision other than
the demolition of a structure shall relieve an owner from its obligations
under this article.
This article shall take effect January 1, 2014.