[Adopted 12-20-2016 by Ord. No. 2016-12]
[1]
Editor’s Note: This ordinance also superseded former
Article III, Abandoned Properties, adopted 11-17-2014 by Ord. No.
2014-14.
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 C.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 Borough of Clementon 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 as that term is defined in the Abandoned Properties
Rehabilitation Act, in N.J.S.A. 55:19-78, et seq.; 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 ordinance. Effective
October 1, 2013, the owner of any vacant property as defined herein
shall, within 30 calendar days after the building becomes vacant 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 of Clementon for such purposes. Failure to receive
notice by the municipality shall not constitute grounds for failing
to register the property.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years 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 email address (if applicable) of the firm and the actual names(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 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.
The registration shall remain valid for one year from the date
of registration except for the initial registration time which shall
be pro-rated 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 § 246-22 of this article, for each vacant
property registered.
The annual renewal shall be completed by January 1 each year.
The initial registration fee shall be pro-rated for registration statements
received less than 10 months prior to that date.
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.
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 of Clementon
against the owner or owners of the building.
The owner of any vacant property registered under this article
shall provide access to the Borough of Clementon 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 Borough of Clementon.
A.
An owner who meets the requirements of this article with respect
to the location of his or her residence or workplace in the state
of New Jersey may designate himself or 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 purposes of this section until the owner notifies the Borough
of Clementon 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 Article 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 within
the Borough of Clementon 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.
D.
The Borough
of Clementon is authorized to engage asset management companies and
lienholders to access an abandoned property to perform the necessary
work required to secure an adequate standard of habitability subsequent
to submission of an abandoned property certification executed by a
Borough official.
[Added 9-7-2021 by Ord. No. 2021-11]
The registration fee schedule is as follows:
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Registration Type
|
Fee
|
|
Initial registration
|
$500
|
|
First renewal
|
$1,500
|
|
Second renewal
|
$3,000
|
|
Subsequent renewals
|
$5,000
|
Any funds collected as vacant property registration fees in
excess of the funds necessary to operate and enforce the provisions
of this chapter shall be set aside in a dedicated fund for the purpose
of property rehabilitation within the Borough of Clementon at the
discretion of the Governing Body.
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 of Clementon 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, 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 by posting the property
with "No Trespassing" signs sufficient to give notice to any person
entering upon the property that it is against the law to enter the
property without permission of the owner, 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 trash, debris, loose litter, and grass and weed growth;
grass must be mowed at least once every 14 days;
E.
In the event the property owner or the owner's authorized agent fails
to have the grass cut at least once every 14 days, the grass will
be cut by Borough employees and a lien will be placed on the property
for the cost of labor and materials; and
F.
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.
A.
Any person who violates any provision of this article or of the rules
and regulations issued hereunder shall be fined not less than $100
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 chapter 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
within 30 calendar days after a building becomes vacant property 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
of such provisions contained herein shall be deemed to be violations
of this article.
