[Adopted 12-4-2013 by Ord. No. 1353]
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:
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.
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.
A.
Effective January 1, 2014, the owner of any vacant property as defined
herein shall, within 60 days after the building becomes vacant 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 Construction Official or his designee on forms provided by
the Construction Official or his designee for such purposes. The registration
shall remain valid for one year, from January 1 until December 31
of the following year. The owner shall be required to renew the registration
annually as long as the building remains vacant property and shall
pay a registration or renewal fee in the amount prescribed in this
article for each vacant property registered.
B.
Any owner of any building that meets the definition of vacant property
prior to January 1, 2014, shall file a registration statement for
that property on or before January 31, 2014. The registration statement
shall include the information required under this article, as well
as any additional information that the Construction Official or his
designee may reasonably require.
C.
The owner shall notify the Construction Official or his designee
within 30 days of any change in the registration information by filing
an amended registration statement on a form provided by the Construction
Official or his designee for such purposes.
D.
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 Borough against the owner or
owners of the building.
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.[1]
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.
A.
Any owner who is not in full compliance with this article or who otherwise violates any provision of this article or of the rules and regulations issued hereunder shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, § 1-1, of this Code. Fines assessed under this article shall be recoverable from the owner and shall be a lien on the property.
[Amended 11-5-2014 by Ord. No. 2014-01]
B.
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 this article,
or such other matters as may be established by the rules and regulations
of the Construction Official or his designee shall be deemed to be
violations of this article.
C.
If the municipality expends public funds in order to abate a nuisance
or correct a violation of the Property Maintenance Code on a residential
property in situations in which the creditor was given notice pursuant
to this article, but failed to abate the nuisance or correct the violations
as directed, the municipality shall have the same recourse against
the creditor as it would have against the title owner of the property.
Additionally, the municipality may assess a lien against a property
subject to this article, for any failure to comply with this article,
to include imposition of a lien for any unpaid fees or late charges
assessed pursuant to this article. The municipality may also assess
a lien against the subject property for the moneys expended by the
municipality. The lien may be enforced and collected in the same manner
as real estate taxes are enforced and collected, with interest to
accrue at the same rate on all such liens as real estate taxes.
[Added 3-22-2017 by Ord.
No. 2017-03]
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.
