[Adopted 11-12-2014 by Ord. No. 2014-07]
In conformity with N.J.S.A. 46:10B-51, the intent of this article
is to provide for the enforcement of Township property maintenance
standards and State Housing Code against vacant properties pending
foreclosure.
In the event of a violation of state or local ordinance, the
municipality shall serve the creditor with a notice that shall include
a description of the condition(s) that gave rise to the violation
with the notice 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 or within 10 days of receipt of the notice if
the violation presents an imminent threat to public health and safety.
If the Township expends public funds in order to abate a nuisance or correct a violation on a residential property in which the creditor was given notice pursuant to the provisions of §
380-4 but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have had against the title owner of the property including but not limited to the recourse provided at N.J.S.A. 55:19-100.
[Adopted 7-10-2018 by Ord. No. 2018-04]
As used in this article, the following
terms shall have the meanings indicated:
ABANDONED PROPERTY
Pursuant to N.J.S.A. 55:19-81, defined as follows: Any property
that has not been legally occupied for a period of six months and
which meets any one of the following additional criteria may be deemed
to be abandoned property upon a determination by the public officer
that:
A.
The property is in need of rehabilitation
in the reasonable judgment of the public officer, and no rehabilitation
has taken place during that six-month period;
B.
Construction was initiated on the
property and was discontinued prior to completion, leaving the building
unsuitable for occupancy, and no construction has taken place for
at least six months as of the date of a determination by the public
officer pursuant to this section;
C.
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 as of the date of the
determination by the public officer pursuant to this section; or
D.
The property has been determined to be a nuisance by the public officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82). A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six month at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection
A or Subsection
D of this section.
OWNER
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant/abandoned property,
any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51
(P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any
other entity determined by the Township of Independence to have authority
to act with respect to the property.
PUBLIC OFFICER
The Zoning Officer or other official designated by the Township
Committee.
VACANT PROPERTY
Any building used or to be used as a residence, commercial
or industrial structure which is not legally occupied or at which
substantially all lawful construction operations or 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.
55:19-54, 55:19-78, 55:19-79, 55:19-80 and 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 article.
The owner of any vacant property
registered under this article shall provide access to the Township
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. and 4:00 p.m., or such other
time as may be mutually agreed upon between the owner and the Township.
The initial registration fee for each building that becomes vacant/abandoned during any calendar year shall be $500. The fee for first renewal is $1,000, and the fee for the second and third renewal is $2,000. The fee for any subsequent renewal beyond the third renewal is $5,000. All fees shall be submitted with the initial and renewal registrations required pursuant to §
380-2C. Neither the initial nor any renewal fee shall be subject to proration or refund based upon a change in status of the property to or from a vacant/abandoned condition during a calendar year for which the fee is applicable.
The owner of any building that has
become vacant/abandoned 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; 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, 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 eight inches by 10 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; and
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 trash, 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, demolished, or until repair and/or rehabilitation
of the building is complete.