Township of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
[Added 12-5-2012 by Ord. No. 18-2012]
As used in this article, the following terms shall have the meanings indicated:
OWNER
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 N.J.S.A. 46:10B-51 (P.L. 2008, c. 127. Sec. 17), or any other entity determined by the Township of Pemberton to have authority to act with respect to the property.
VACANT 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.
A. 
Effective January 2013, 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 Director of Community Development on forms provided by that Director of Community Development 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 § 145-46 of this article for each vacant property registered.
B. 
Any owner of any building that meets the definition of "vacant property" prior to January 1, 2013, shall file a registration statement for that property on or before January 31, 2013. The registration statement shall include the information required under § 145-45 of this article, as well as any additional information that the Director of Community Development may reasonably require.
C. 
The owner shall notify the Director of Community Development within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Director of Community Development 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 Township against the owner or owners of the building.
A. 
After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Township to conduct an exterior and interior inspection of the building to determine compliance with the Township Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.
B. 
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 maintenance and security of the property, if different.
C. 
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.
D. 
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 Director of Community Development 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 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.
Vacant Property Registration
Fee Schedule
Initial registration
$500
First renewal
$1,500
Second renewal
$3,000
Any subsequent renewal
$5,000
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 thereof:
A. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Township Code or as set forth in rules and regulations supplementing those codes; and
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 § 145-45 of 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 Director of Community Development 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 $1,000 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 article, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 145-47 of this article, or such other matters as may be established by the rules and regulations of the Director of Community Development 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 Township 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 Pemberton. 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 article.