[Adopted 1-7-2014 by Ord. No. 1-2014]
This article shall establish a process for the maintenance of
vacant properties in the City of Union City, establishing registration
requirements and levying a registration fee on owners of vacant properties.
As used in this article, the following terms shall have the
meanings indicated:
Shall include the titleholder, any agent of the titleholder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, § 17)[1], or any other entity determined by the City of Union City
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, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation;
provided, however, that any property that contains all building systems
in working order 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.
[1]
Editor's Note: As amended by P.L. 2009, c. 296.
A.
Upon the effective date of this article, the owner of any vacant
property as defined herein shall within 60 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 Rent Regulation Officer on
forms provided by that Rent Regulation Officer for such purposes.
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 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 the effective date of this article shall file a registration
statement for that property on or before February 1, 2014. The registration
statement shall include the information required under this article,
as well as any additional information that the Rent Regulation Officer
may reasonably require.
C.
The owner shall notify the Rent Regulation Officer within 30 days
of any change in the registration information by filing an amended
registration statement on a form provided by the Rent Regulation Officer
for such purpose.
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 City 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 City 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
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. 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 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 him
or herself an 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 processes in any
court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered building by services
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 Rent Regulation Officer 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.
D.
The designated authorized agent shall provide, in the registration
form, an emergency phone number where the agent can be reached after
normal business hours in case of an emergency regarding the registered
premises. This agent shall be authorized by the owner (if a different
person) to perform emergency repairs to the premises, if needed.
The initial registration fee for each building shall be $500.
The fee for the first renewal is $1,500, and the fee for the second
renewal is $3,000. The fee for any subsequent renewal beyond the second
renewal is $5,000.
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Vacant Property Registration Fee Schedule
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|---|---|
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Initial registration
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$500
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First renewal
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$1,500
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Second renewal
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$3,000
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Any subsequent renewal
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$5,000
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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 City of Union City,
or as set forth in rules and regulations adopted by the City;
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 (if designated pursuant to this
article), 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 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
18 inches by 24 inches; and
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.
The Rent Regulation Officer 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 be subject to a fine of not less
than $500 and not more than $2,000 for each offense. Every day that
a violation continues shall constitute a separate and distinct offense.
Fines assessed under this article 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
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 Rent Regulation Officer shall be deemed to be violations of
this article.
Nothing in this article is intended to nor shall be read to
conflict or prevent the City 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 City of Union City. Further,
any action taken under any such Code provisions other than the demolition
of a structure shall relieve an owner from its obligations under this
article.
