[HISTORY: Adopted by the City Council of
the City of Vineland 12-12-2006 by Ord. No. 2006-106. Amendments noted where applicable.]
GENERAL REFERENCES
Development Corporation — See Ch. 29.
Land use — See Ch. 425.
Property maintenance — See Ch. 537.
[1]
Editor's Note: The title of this chapter was changed from
"Property, Abandoned and Nuisance" to "Property, Vacant, Abandoned
and Nuisance" 8-26-2014 by Ord. No. 2014-40.
As used in this chapter, the following terms
shall have the meanings indicated:
Any property, residential or commercial, which is in such
condition that it cannot be legally occupied, and at which at least
two of the following conditions exist:
[Amended 1-16-2018 by Ord. No. 2017-97; 8-23-2022 by Ord. No. 2022-67]
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers,
or mail on the property;
Disconnected gas, electric, or water utility
services to the property;
The accumulation of hazardous, noxious, or unhealthy
substances or materials on the property;
The accumulation of junk, litter, trash, or
debris on the property;
The absence of window treatments such as blinds,
curtains, or shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or
government employees indicating that the property is vacant and abandoned;
Windows or entrances to the property that are
boarded up or closed off, or multiple windowpanes that are damaged,
broken, and unrepaired;
Doors to the property that are smashed through,
broken off, unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of
the public or any adjoining or adjacent property owners due to acts
of vandalism, loitering, criminal conduct, or the physical destruction
or deterioration of the property;
An uncorrected violation of a municipal building,
housing, or similar code during the preceding year, or an order by
municipal authorities declaring the property to be unfit for occupancy
and to remain vacant and unoccupied;
The mortgagee or other authorized party has
secured or winterized the property due to the property being deemed
vacant and unprotected or in danger of freezing;
A written statement issued by a mortgagor expressing
the clear intent of all mortgagors to abandon the property;
Construction was initiated on the property and
was discontinued prior to completion, leaving the building unsuitable
for occupancy, and no substantial construction has taken place for
at least six months as of the date of determination by the public
officer pursuant to this chapter;
At least one installment of property tax remains
unpaid and delinquent on that property in accordance with Chapter
4 of Title 54 of the Revised Statutes[1] as of the date of determination by the public officer
pursuant to this chapter;
The property has been determined to be a nuisance
by the public officer in accordance with N.J.S.A. 55:19-82;
The property or any portion thereof is determined
to be "abandoned property" in accordance with the meaning of such
term in Abandoned Property Rehabilitation Act, N.J.S.A. 55:19-78 et
seq.;
Any other reasonable indicia of abandonment.
The repair or elimination of the conditions on a property
that create the nuisance, including the demolition of any or all structures
thereon.
Any building structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses and apartments
belonging thereto or usually enjoyed herewith.
Any real estate which is defined as a commercial use in Chapter 425 of the Code of the City of Vineland.
[Added 8-23-2022 by Ord. No. 2022-67]
Consecutive calendar days.
[Added 8-26-2014 by Ord. No. 2014-40]
The process by which property, residential or commercial,
placed as security for real estate or other loans, is prepared for
sale to satisfy the debt if the borrower is in default under the terms
of the loan.
[Added 8-26-2014 by Ord. No. 2014-40; amended 8-23-2022 by Ord. No. 2022-67]
Any of the following actions taken by a lienholder or mortgage
holder or mortgagee.
[Added 8-26-2014 by Ord. No. 2014-40]
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and any agent, servant or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under a mortgage
agreement, collectively herein referred to as "creditor."
[Amended 8-26-2014 by Ord. No. 2014-40]
The City of Vineland and shall include a qualified rehabilitation
entity that may be designated by the City pursuant to N.J.S.A. 55:19-90
to act as its agent to exercise any of the City's rights pursuant
thereto.
Any property, except as provided in N.J.S.A. 55:19-83, which
meets any one of the following criteria:
The property has been found to be unfit for
human habitation, occupancy or use pursuant to N.J.S.A. 40:48-2.3.
The condition and vacancy of the property materially
increases the risk of fire to the property and/or adjacent properties.
The property is subject to unauthorized entry,
leading to potential health and safety hazards; the owner has failed
to take reasonable and necessary measures to secure the property;
or the City of Vineland had secured the property in order to prevent
such hazards after the owner has failed to do so.
The presence of vermin or the accumulation of
debris, uncut vegetation or physical deterioration of the structure
or grounds have created potential health and safety hazards, and the
owner has failed to take reasonable and necessary measures to remove
the hazards.
The dilapidated appearance or other condition
of the property materially affects the welfare, including the economic
welfare, of the residents of the area in close proximity to the property,
and the owners have failed to take reasonable and necessary measures
to remedy the conditions.
"Nuisance property" shall also include the definition of "abandoned,
vacant and nuisance property" hereinabove.
[Added 8-23-2022 by Ord. No. 2022-67]
[Amended 8-26-2014 by Ord. No. 2014-40; 8-23-2022 by Ord. No. 2022-67]
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise; or
Has care, charge or control of any dwelling, dwelling unit or
parcel of land, vacant or otherwise, in any capacity, including but
not limited to agency, executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the holder of legal title; or
Is a mortgagee in possession of any such property; or
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
Is an officer or trustee of the association of unit owners of
the condominium. Each such person is bound to comply as if he were
the owner; or
Every person who operates a rooming house; or
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process; or
Any person or entity responsible for the maintenance or upkeep of a property pursuant to N.J.S.A. 46:10 B-51, and as required under § 530-11.
"Owner" shall also be defined as a "responsible party."
All individuals, associations and corporations who have interests
of record in a property and any who are in actual possession thereof.
Any real estate, residential or commercial, or portion thereof,
located in the City of Vineland, including buildings or structures
situated on the property. For the purpose of this section only, "property"
does not include property owned or subject to the control of the City
or any of its governmental bodies or agencies, including but not limited
to property owned or controlled by the Housing Authority of the City
of Vineland, Vineland Development Corporation or Vineland Downtown
Improvement District.
[Amended 8-26-2014 by Ord. No. 2014-40; 8-23-2022 by Ord. No. 2022-67]
The person designated by the Mayor of the City of Vineland
pursuant to N.J.S.A. 40:48-2.5.
An entity organized or authorized to do business under the
New Jersey Statutes, which shall have as one of its purposes the construction
or rehabilitation of residential or nonresidential buildings; the
provision of affordable housing; the restoration of abandoned property;
the revitalization and improvement of urban neighborhoods, or similar
purpose, and which shall be well qualified by virtue of its staff,
professional consultants, financial resources, and prior activities
set forth in N.J.S.A. 55:19-78 to carry out the rehabilitation of
vacant buildings in urban areas.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
[Added 8-26-2014 by Ord. No. 2014-40]
Taking measures that assist in making the property inaccessible
to unauthorized persons.[2]
[Added 8-26-2014 by Ord. No. 2014-40]
[Added 8-23-2022 by Ord. No. 2022-67[1]]
A.
No sooner
than 45 days after the City notifies the owner that the property is
vacant and abandoned until the property is reoccupied, the owner of
vacant and abandoned properties shall:
(1)
Enclose
and secure the property against unauthorized entry.
(2)
Post
a sign, affixed to the property and visible to the public, indicating
the name, address, and telephone number of the responsible party,
any authorized agent designated by the responsible party for the purpose
of receiving service of process, and the person responsible for maintaining
the property, if different from the owner, responsible party or authorized
agent.
(3)
Acquire
and otherwise maintain liability insurance by procuring a vacancy
policy, covering any damage to any person or any property caused by
any physical condition of the property.
B.
An owner
that violates any provision of this section shall be liable to a penalty
of $1,000. Each day that a violation continues shall constitute an
additional, separate, and distinct offense. Any penalty imposed pursuant
to this section shall be recoverable by a summary proceeding under
the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The
Superior Court, Law Division, in Cumberland County, or the Municipal
Court of the City of Vineland, in which the property is located, shall
have jurisdiction to enforce such penalty.
C.
The enforcement
in this section shall not be construed to diminish any property maintenance
responsibilities of the owners, regardless if they are subject or
not subject to the provisions of the section.
A.
The Public Officer shall establish and maintain a
list of abandoned properties to be known as the "abandoned properties
list." The Public Officer may add properties to the list at any time
when he finds that a property meets the definition of an abandoned
property and the Public Officer may delete properties from the list
at any time when he finds that a property no longer meets the definition
of an abandoned property. The abandoned property list shall apply
to the City of Vineland as a whole.
B.
The published list of notices shall identify the abandoned
property, setting forth the name of the owner or owners of record,
if known, tax lot and block numbers and the street address for the
lot.
C.
An interested party may request that a property be
included on the abandoned properties list, provided he follows procedures
set forth in N.J.S.A. 55:19-105.
D.
A property shall not be included on the abandoned
properties list if rehabilitation is being performed in a timely manner,
as evidenced by building permits issued and diligent pursuit of rehabilitation
work authorized by those permits. A property on which an entity other
than the City of Vineland has purchased or taken assignment from the
City of a tax sale certificate which has been placed on the abandoned
properties list may be removed in accordance with the provisions of
N.J.S.A. 55:19-103.
E.
The owner shall acquire a certificate of occupancy for any structures
located on the property requiring the same for occupation within six
months of notification that the property is on the abandoned property
list. An extension, not to exceed 90 days, may be granted by the Public
Officer, provided there is a determination that rehabilitation is
being performed in timely manner.
[Added 8-23-2022 by Ord. No. 2022-67]
A.
The Public Officer, within 10 days of establishment
of the abandoned property list, or any additions thereto, shall send
a notice, by certified mail, return receipt requested, and by regular
mail, to the owner of every property included on the list in compliance
with N.J.S.A. 55:19-78 and cause the list to be published in the official
newspaper of the City of Vineland, which publication shall constitute
public notice. The mailed notice shall indicate the factual basis
for the Public Officer's finding that the property is abandoned or
vacant, as that term is defined herein, and the rules and regulations
promulgated thereunder, specifying the information relied upon in
making such finding.
[Amended 8-23-2022 by Ord. No. 2022-67]
B.
The published and mailed notices shall identify the
property determined to be abandoned by the Public Officer, setting
forth the owner of record, if known, the tax lot and block number
and street address.
C.
When the owner of record is not known for a particular
property and cannot be ascertained by the exercise of reasonable diligence
by the Tax Collector, notice shall not be mailed but instead shall
be made by posting a copy of the notice in a conspicuous place on
the building affected by the notice pursuant to N.J.S.A. 40:48-2.7.
D.
The Public Officer, in consultation with the Tax Collector,
shall also send out a notice by regular mail to any mortgagee, servicing
organization or property tax processing organization that receives
a duplicate copy of the tax bill pursuant to subsection "d" of N.J.S.A.
54:4-64.
E.
A copy of the mailed or posted notice may be filed
by the Public Officer in the office of the Cumberland County Clerk.
This filing shall have the same force and effect as a lis pendens
under N.J.S.A. 2A:15-6. The notice shall be indexed by the name of
the property owner as the defendant and the name of the City of Vineland
as plaintiff as though an action had been commenced by the City of
Vineland against the owner.
[Amended 8-23-2022 by Ord. No. 2022-67]
F.
The abandoned property list shall become effective,
and the City of Vineland shall have the right to pursue any legal
remedy with respect to properties on the abandoned property list at
such time as any one property has been placed on the list in accordance
with the provisions herein, upon the expiration of the period for
appeal with respect to the property or upon the denial of any appeal
brought by the property owner.
A.
An owner or lienholder may challenge the inclusion
of the property on the abandoned properties list determined by the
Public Officer, provided said appeal is received by the City of Vineland
within 30 days of the owner's receipt of the certified notice or within
40 days from the date upon which the notice was sent. An owner whose
identity was not known to the Public Officer shall have 40 days from
the date upon which notice was published or posted, whichever is later,
to challenge the inclusion of a property on the abandoned properties
list. Upon good cause shown, the Public Officer shall accept a late
filing of an appeal.
B.
Within 30 days of the request for an appeal of the
findings contained in the notice, the Public Officer shall schedule
a hearing for redetermination of the matter.
C.
Any property included on the list shall be presumed
to be abandoned property unless the owner, through the submission
of an affidavit or certification by the property owner indicating
that the property is not abandoned and setting forth therein the reasons
for such averment, can demonstrate that the property was erroneously
included on the list. The affidavit or certification shall be accompanied
by supporting documentation, such as but not limited to photographs,
repair invoices, bills and construction contracts. The sole issue
to be determined by the Public Officer is whether the property is
deemed to be abandoned as that term is defined herein.[1]
D.
The Public Officer shall decide any timely filed appeal
within 10 days of the hearing on the appeal and shall promptly, by
certified mail, return receipt requested and regular mail, notify
the property owner of the decision and the reasons therefor.
E.
The property owner may challenge an adverse determination of an appeal with the Pubic Officer pursuant to Subsection D of this section, by instituting, in accordance with the New Jersey Court Rules, a summary proceeding in the Superior Court of New Jersey, Law Division, Cumberland County. Such action shall be instituted within 20 days of the date the notice of decision was mailed by the Public Officer pursuant to Subsection D of this section. The sole issue to be presented to the Superior Court of New Jersey is whether the property in question is abandoned or vacant as that term is defined herein.
[Amended 8-23-2022 by Ord. No. 2022-67]
The City of Vineland may exercise its rights
under the Abandoned Properties Rehabilitation Act directly or the
City of Vineland may designate a qualified rehabilitation entity to
act as its designee for the purpose of exercising its rights under
state law where the designation will further the rehabilitation and
reuse of the property consistent with municipal plans and objectives.
This designation shall be made by resolution of the City Council of
the City of Vineland.
The Public Officer shall provide a written report
to the City Council of the City of Vineland every six months which
outlines the status of abandoned properties within the City of Vineland,
said report shall include but is not limited to the following information:
A.
Copy of the current abandoned properties list;
B.
Status report on the property removed from the list
since the date of the last report and the reasons for the removal;
C.
Status report on any legal proceedings pending in
connection with any properties appearing on the abandoned properties
list;
D.
Status report of any actions taken by any designated
qualified rehabilitation entity in connection with any properties
appearing on the list; and
E.
Status report of any tax sale certificates purchased
by or assigned to any entity for vacant property.
A.
City Council of the City of Vineland may adopt an
ordinance authorizing the transfer of possession and control of abandoned
property in need of rehabilitation to the City of Vineland. Said action
shall be in accordance with N.J.S.A. 55:19-78 et seq.
B.
Should the owner of the property fail to successfully
defend against a complaint filed pursuant to N.J.S.A. 55:19-84, any
party in interest may seek to be designated in possession of the property
pursuant to N.J.S.A. 55:19-98 and 55:19-99.
A.
With regards to any lien placed against any real property
pursuant to the provisions of N.J.S.A. 40:48-2.3 or 40:48-2.5 the
City of Vineland shall have recourse with respect to the lien against
any asset of the owner of the property, if an individual; against
any asset of any partner, if a partnership; and against any asset
of any owner of a ten-percent or greater interest, if a corporation.
B.
The City of Vineland may hold a special tax sale with
respect to those properties eligible for tax sale pursuant to N.J.S.A.
54:5-19 which are also on an abandoned properties list established
by the City Vineland pursuant to this ordinance. Special tax sale
shall be held in accordance with N.J.S.A. 55:19-101.
C.
Any person holding a tax sale certificate on a property
that meets the definition of abandoned property as set forth herein
either at the time of the tax sale or thereafter may enter upon the
property at any time after written notice to the owner by certified
mail, return receipt requested, in order to make repairs or abate,
remove or correct any condition which exists as the reason or reasons
it is on the abandoned property list. Any sums incurred or advanced
for such purpose may be added to the unpaid balance due the holder
of the tax sale certificate at the statutory interest rate for subsequent
liens.
D.
When the City of Vineland is the purchaser of a tax
sale certificate of any property on the abandoned properties list,
it may foreclose the right of redemption in accordance with N.J.S.A.
54:5-86.
The Public Officer shall determine if a property
is a nuisance property as defined herein. He shall further evaluate
the input the nuisance property has on the welfare of the surrounding
community including economic welfare, the extent to which the condition
of the property may increase crime, drug or gang activity or the extent
to which its condition may decrease property values. Should the City
of Vineland abate the nuisance property, such action shall not be
considered in determining whether the property is a nuisance property.
A.
Complaint and notice of hearing.
(1)
Where the Public Officer or his designee determines
that a property meets the criteria of a nuisance property as is herein
defined, he shall file a report with the Solicitor of the City of
Vineland which identifies the property, its condition and its impact
on the neighboring community. Upon receipt of the report, the City
Solicitor shall prepare a complaint setting forth the location and
condition of the property and the remedy sought. He shall also prepare
a notice of hearing setting forth the date, time and place of the
hearing.
(2)
The complaint and notice of hearing shall be served
upon the property owner and all parties in interest in accordance
with the notification procedures set forth in N.J.S.A. 40:48-2.3.
Service shall be made personally or by regular and certified mail,
return receipt requested, by mailing the complaint and notice of hearing
to the last known address of such persons. when the owner of record
or party in interest cannot be ascertained by the exercise of reasonable
diligence, then service of the notice of complaint shall be made in
the following manner:
(a)
By publishing the complaint and notice of hearing
once in the official newspaper of the City of Vineland;
(b)
By posting the complaint and notice of hearing
in a conspicuous place on the property which is the subject of the
complaint; and
(c)
By recording the complaint and notice of hearing
in the Clerk's Office of Cumberland County.
(3)
The hearing shall be scheduled before the City Council
of the City of Vineland at a place and time designated in the notice
of hearing, which time shall be fixed not less than seven days or
more than 30 days from the date of service of the notice of hearing
and complaint.
B.
Hearing and determination.
(1)
The Public Officer shall provide testimony and other
evidence in connection with the complaint. The property owners and
any party in interest shall have the right to appear and question
any witness, testify on their own behalf and produce witnesses. Said
parties may be represented by an attorney, at their discretion.
(2)
After the hearing, the City Council shall determine
if the property is a nuisance property as defined herein and in so
doing shall adopt a resolution stating its findings.
(3)
If the property is determined to be a nuisance property,
the resolution shall state the remedy required, including.
(a)
The immediate abatement or removal of the condition
causing the property to be a nuisance property.
(b)
The abatement or removal of the condition causing
the property to be a nuisance property within a reasonable time, as
set forth in the resolution, provided evidence has been presented
that substantial work is required to abate or remove the condition
and that reasonable steps have been taken towards this goal.
(c)
The demolition of any building or structure
creating the condition causing the property to be a nuisance property,
provided evidence has been presented that it is not economically feasible
to abate or remove the condition.
(4)
A copy of the resolution shall be served upon the
property owner and all parties in interest, in a manner as is set
forth for the service of the notice of hearing and complaint herein
above.
C.
Failure to comply with resolution. In the event that
the property owner and/or all parties in interest fail to comply with
the resolution of the City Council, the Public Officer may proceed
without further notice to enforce the provisions of the resolution
by such measures as are necessary to carry out the purpose and intent
of the resolution, including but not limited to the abatement and
removal of the condition which caused the property to be a nuisance
property. The cost of abating or removing the condition shall constitute
a municipal lien against the property.
D.
Cost as municipal liens.
(1)
Any and all costs incurred by the City in the course
of any proceeding wherein it was determined that the property constitutes
a nuisance property, as well as any costs associated with abating
said condition, shall constitute a municipal lien against the property.
Said costs shall include but not be limited to legal fees, expert
witness fees, search fees and advertising expenses.
(2)
The Public Officer shall prepare a detailed statement
of said costs and shall file it with the City Clerk. Thereafter, the
City Council of the City of Vineland shall consider a resolution certifying
the amount due to be a municipal lien. The resolution shall be filed
with the Tax Assessor and Collector, and a copy shall be forthwith
mailed to the property owner by regular and certified mail, return
receipt requested. The property owner or any party in interest may,
within 30 days of the filing date of the municipal lien certificate,
institute a summary proceeding in the Superior Court, Law Division,
Cumberland County, contesting the accuracy or reasonableness of the
cost set forth in the municipal lien certificate.
E.
Transfer of property prohibited. Except as provided
herein, upon the service of a complaint and notice of hearing on the
property owners in accordance herewith, the property owner shall be
prohibited from transferring any interest in the property until the
final disposition of the legal proceedings and compliance with any
resolution issued by the City Council. The filing of a copy of the
complaint and notice of hearing or resolution with the Cumberland
County Clerk shall have the same force and effect as a notice of lis
pendens.
F.
Other laws not affected. Nothing in this ordinance
shall be interpreted to impair or limit in any way the powers afforded
the City of Vineland by the Abandoned Properties Rehabilitation Act
nor is anything in this ordinance intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act or any rules or regulations adopted thereunder.
[Added 8-26-2014 by Ord. No. 2014-40; amended 8-9-2016 by Ord. No. 2016-22; 1-16-2018 by Ord. No. 2017-97; 8-23-2022 by Ord. No. 2022-67]
A.
The owner of any vacant or abandoned property, as defined herein,
shall, within 30 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 Public Officer on forms provided by the Commissioner of Community
Affairs 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 or abandoned and shall pay a registration or renewal fee in
the amount prescribed herein for each vacant property registered.
(1)
The
notice shall contain the following language:
(a)
The name, street address, and telephone number of a natural person
who resides or maintains an office within the state and who is either
the responsible party or an authorized agent designated by the responsible
party to receive notices and complaints of property maintenance and
code violations on behalf of the responsible party;
(b)
The name, street address, and telephone number of the person responsible
for maintaining the property, if different; and
(c)
Evidence of any liability insurance required by this chapter.
(2)
The
owner of vacant and abandoned property shall file an amended certificate
of registration within 30 days after any change in the information
required to be included thereon.
B.
A lienholder, mortgage holder or mortgagee (collectively "creditor")
serving a summons and complaint in an action to foreclose on a mortgage
on residential or commercial property shall, within 10 days of serving
the summons and complaint, notify the Municipal Clerk that a summons
and complaint in an action to foreclose on a mortgage has been filed
against this property. The notice shall contain the name and contact
information for the representative of the creditor who is responsible
for receiving complaints of property maintenance and code violations
and shall be provided by mail or electronic communication, at the
discretion of the Municipal Clerk. In the event the creditor that
has served a summons and complaint in an action to foreclose on a
residential or commercial property is located out of state, the notice
shall also contain the full name and contact information of an in-state
representative or agent, who shall be responsible for the care, maintenance,
security, and upkeep of the exterior of the property if it becomes
vacant and or abandoned. In the event that the property being foreclosed
upon is an affordable unit pursuant to the Fair Housing Act,[1] then the creditor shall identify that the property is
subject to the Fair Housing Act. The notice shall also include the
street address, lot and block number of the property and the full
name and contact information of an individual or entity located within
the State of New Jersey who was authorized to accept service on behalf
of the creditor. The notice shall be provided to the Municipal Clerk
within 10 days of service of a summons and complaint in an action
to foreclose on a mortgage against the subject property. The Municipal
Clerk shall provide a copy of the notice to the Public Officer. The
creditor shall further, and within 10 days of serving a summons and
complaint in an action to foreclose on a mortgage on residential or
commercial property, file a registration for each such property with
the Public Officer on forms provided by the Public Officer for such
purposes. Any creditor that has initiated a foreclosure proceeding
on any residential or commercial property which is pending in Superior
Court shall, within 10 days of the initiation of a foreclosure proceeding,
provide to the Municipal Clerk and the Mayor a listing of all residential
and/or commercial properties in the City of Vineland for which the
creditor has foreclosure action pending by street address and lot
and block number. The Municipal Clerk shall forward a copy of the
notice to the Public Officer. The registration shall remain valid
for one year from the date of registration. The creditor shall be
required to renew the registration annually as long as a foreclosure
action is pending.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
C.
The owner or creditor shall notify the Public Officer within 10 days
of any change in the registration information by filing an amended
registration statement on a form provided by the Public Officer for
such purposes.
D.
The registration statement shall be deemed prima facie proof of the
statements therein contained, and any administrative enforcement proceeding
or court proceeding instituted by the City against the owner or creditor
of the building.
E.
Any property previously deemed to be vacant, abandoned and/or nuisance
or in the foreclosure process shall no longer be required to register
the same upon presentation by the owner and/or lienholder or their
representatives of proof sufficient to determine that the property
no longer meets the definition which required the registration.
[Added 8-26-2014 by Ord. No. 2014-40; amended 8-9-2016 by Ord. No. 2016-22; 8-23-2022 by Ord. No. 2022-67]
After filing a registration statement or a renewal of a registration
statement, the owner or creditor of any vacant or abandoned property
shall provide access to the City to conduct an exterior and interior
inspection of the building to determine compliance with 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 creditor 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
parties in connection with the enforcement of any applicable code.
The 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.
B.
By designating an authorized agent under the provisions of this section,
the owner or creditor consents to allow any and all notices of code
violations concerning the registered vacant property or property upon
which the foreclosure process has been initiated 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 or creditor
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 Public Officer
is notified of a change of authorized agent. The designation of an
authorized agent in no way releases any party from any requirements
under this chapter.
C.
The owner of any non-owner-occupied residential property who takes
title to the property as the result of a sheriff's sale or deed in
lieu of foreclosure, other than an owner who has previously provided
notice to the municipality pursuant to this chapter, shall provide
notice, within 10 business days, to the Municipal Clerk and to the
Public Official of the municipality where in the property is located,
and to any association or common interest community, of which the
residential property is a part, governed by the Horizontal Property
Act, N.J.S.A. 46:8A-1 et seq., the Condominium Act, N.J.S.A. 46:8B-1
et seq., or the Planned Real Estate Development Full Disclosure Act
N.J.S.A. 45:22A-21 et seq., providing the name and address of the
owner. If the owner is not located within the State of New Jersey,
then owner shall designate an agent within the State of New Jersey,
including the agent's address, who was authorized to accept service
of process on behalf of the property owner.
[Added 8-26-2014 by Ord. No. 2014-40; amended 8-9-2016 by Ord. No. 2016-22; 1-16-2018 by Ord. No. 2017-97; 8-23-2022 by Ord. No. 2022-67]
A.
All properties deemed to be vacant, abandoned and/or nuisance, as
defined herein, and are required to be registered as such shall pay
a registration fee. The initial registration fee for each property
shall be $250. The fee for the first renewal year shall be $500. The
fee for the second and subsequent renewal year shall be $1,000.
B.
All properties required to be registered as being in the foreclosure
process but are not required to be registered as vacant, abandoned
and/or nuisance properties, as defined herein, shall pay a registration
fee of $500 per year and a like sum each year thereafter until the
property no longer has to be registered as a property in foreclosure.
C.
All properties required to be registered as being in the foreclosure process and/or vacant, abandoned or nuisance, pursuant to terms herein, shall pay an additional $2,000 per property annually and an additional $2,000 per year at all time thereafter while the property is in foreclosure in addition to the fees set forth in Subsection A hereinabove.
[Added 8-26-2014 by Ord. No. 2014-40]
A.
The owner or creditor 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:
(1)
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Code of the City of Vineland,
or as set forth in rules and regulations adopted by the appropriate
authority, including a redevelopment entity, to supplement this Code;
(2)
Post a sign affixed to the building indicating the name, address
and telephone number of the owner or creditor, the authorized agent
for the purposes of service of process and the person responsible
for day-to-day supervision and management of the building. The sign
shall be of a size and placed in 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
(3)
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.
B.
In the event the owner of commercial or residential property vacates
or abandons any property, or a portion thereof, on which a foreclosure
proceeding has been initiated or if a commercial property becomes
vacant at any point subsequent to the creditor's filing the summons
and complaint in an action to foreclose on a mortgage against the
subject property, but prior to vesting of title in the creditor or
any other third party, and the exterior of the property is found to
be a nuisance or in violation of any applicable state or local code,
the local Public Officer, Municipal Clerk, or other authorized municipal
official shall notify the creditor or the representative or agent
of an out-of-state creditor, as applicable, which shall have the responsibility
to abate the nuisance or correct the violation in the same manner
and to the same extent as the title owner of the property, to such
standard or specification as may be required by state law or municipal
ordinance. The municipality shall include a description of the conditions
that gave rise to the violation with the notice of violation and shall
provide a period of not less than 30 days from the creditor's receipt
of the notice for the creditor to remedy the violation. If the creditor
fails to remedy the violation within that time period, the municipality
may impose penalties allowed for the violation of municipal ordinances.
[Amended 8-23-2022 by Ord. No. 2022-67]
C.
In the event that the City of Vineland expends public funds in order
to abate a nuisance or correct a violation on a commercial property
in situations in which the creditor was given notice pursuant to the
provisions herein but failed to abate the nuisance or correct the
violation as directed, the City shall have the same recourse against
the creditor as it would have against the title owner of the property,
including, but not limited to, the recourse provided under N.J.S.A
55:19-100.
[Amended 8-23-2022 by Ord. No. 2022-67]
[Amended 8-9-2016 by Ord.
No. 2016-22; 8-23-2022 by Ord. No. 2022-67]
Unless otherwise specified herein, the following fines and penalties
shall apply:
A.
Any owner or creditor who is not in full compliance with this chapter,
or otherwise violates any provisions of this chapter, shall be subject
to a fine of $1,500 for each day the violation continues. Fines assessed
under this chapter shall be recoverable from the owner or creditor,
as the case may be, and shall be a lien on the property.
B.
An out-of-state creditor subject to this chapter who has been found
by the Municipal Court, or any other court of competent jurisdiction,
to be in violation of the requirement to appoint an in-state representative
or agent pursuant to this chapter shall be subject to a fine of $2,500
for each day of the violation. Any fines imposed on a creditor for
the failure to appoint an in-state representative or agent shall commence
on the day after the ten-day period set forth herein for providing
notice to the municipal clerk capitalized that the summons and complaint
in an action to foreclose on a mortgage has been served.
C.
A creditor subject to the terms of this chapter found by the Municipal
Court, or any other court of competent jurisdiction, to be in violation
of the requirement to correct the care, maintenance, security, or
upkeep violation cited in a notice issued shall be subject to a fine
of $1,500 for each day of the violation. A fine imposed pursuant to
this subsection shall commence 31 days following receipt of the notice,
except if the violation presents an imminent risk to public health
and safety, in which case any fines shall commence 11 days following
receipt of the notice. A fine issued under the terms of this chapter
shall be in addition to any other fines or penalties for violations
of other sections of the municipal code.
D.
For purposes of this section, failure to file a registration statement
in time, failure to provide current and correct information on the
registration statement and failure to comply with provisions of any
portion of this chapter shall be deemed to be violations of this chapter.
Fines for violating this chapter shall be not less than $500 nor more
than $1,000.
E.
Nothing in this chapter is intended, nor shall it be read, to conflict
or prevent the City of Vineland from taking action against buildings
found to be unfit for human habitation or unsafe structures as provided
in the applicable provisions of the municipal code.
F.
Each day an owner or creditor is in violation of any section of this
chapter shall be considered a separate and subsequent offense.
