[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr 7-25-2013 by Ord. No. 06:08-13. Amendments noted
where applicable.]
GENERAL REFERENCES
Brush, grass, weeds and debris — See Ch. 146.
Unfit buildings — See Ch. 151.
Uniform construction codes — See Ch. 170.
Fire prevention — See Ch. 222.
Littering — See Ch. 270.
Property maintenance — See Ch. 341.
Rental property — See Ch. 344.
Abandoned vehicles and equipment — See Ch. 433.
As used in this chapter, 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 provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, § 17, as amended), or any other entity determined
by the Borough 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,
including but not limited to any property meeting the definition of
abandoned property in N.J.S.A. 55:19-81; 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 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 September 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 property maintenance inspector
on forms provided by the Borough 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 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. 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 this chapter for each vacant property registered.
D.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
E.
The owner shall notify the Clerk within 30 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Clerk 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 Borough against the owner or
owners of the building.
The owner of any vacant property registered under this chapter
shall provide access to the Borough 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. to 4:00 p.m., or such other time as may be mutually
agreed upon between the owner and the Borough.
A.
An owner who meets the requirements of this chapter with respect
to the location of his/her residence or workplace in the State of
New Jersey may designate himself/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 purpose of this section until the owner notifies the Borough,
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 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 Borough 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.
The initial registration fee for each building, the fee for the first renewal, the fee for the second renewal and the fee for any subsequent renewal beyond the second renewal are provided in Chapter 210, Fees.
The owner of any building that has become vacant property and
any person maintaining or 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 Borough Code or as set forth in
the rules and regulations supplementing those codes;
B.
Post a sign affixed to the building indicating the name, address
and telephone number of the owner or the owner's authorized agent,
for the purpose of service of process, and the person responsible
for the 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 eight inches by 10 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.
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 debris, loose litter, and grass and weed
growth; and
E.
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
or demolished or until repair and/or rehabilitation of the building
is complete.
A.
Any person who violates any provision of this chapter or of the rules
and regulations issued hereunder shall be subject to a fine not exceeding
$2,000 or imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination thereof,
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.[1]
B.
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building becomes vacant, 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 municipality,
and failure to provide correct information on the registration statement,
or failure to comply with the provisions contained herein, shall be
deemed to be violations of this chapter.
