[Adopted 10-15-2014 by Ord. No. 1078-14]
As used in this article, the following terms shall have the
meanings indicated:
OWNER
Any 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 by P.L. 2009, c. 296), or any other entity determined by
the Township of Rochelle Park 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,
including but not limited to any property meeting the definition of
abandoned property in N.J.S.A. 55:19-80; 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.
Effective January 1, 2015, 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 Officer
on forms provided by the Township for such purposes. Failure to receive
notice from the municipality shall not constitute grounds for failing
to register the property.
A. Each party 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 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, who 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 article 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, but not the escrow
fee.
E. The owner shall notify the Property Maintenance Officer within 30
calendar days of any change in the registration information by filing
an amended registration statement on a form provided by the Property
Maintenance Officer 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 Township against the owner or
owners of the building.
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. through 4:00 p.m., or such other time as may be
mutually agreed upon between the owner and the Township.
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 Township Code, or as set forth
in the rules and regulations supplementing those codes, until the
building is again legally occupied or demolished or until repair or
rehabilitation of the building is complete; and
B. Ensure that the exterior grounds of the structure, including yards,
fences, swimming pools, 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.
The Property Maintenance Officer shall enforce this article.