The purpose of this article is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance and condition of vacant and abandoned
properties by establishing standards governing facilities and conditions
of said facilities and fixing penalties for the violation of this
article.
As used in this article, the following terms shall have the
meanings indicated:
The Township Enforcement Officer shall be defined as the
Zoning Officer, Health Officer, Construction Official, Township Engineer
or any other Township officials so designated by the Township Committee
to enforce the provisions of this article. Nothing herein shall preclude
any Township employee engaged in the enforcement of laws and ordinances
from enforcing the provisions hereof. The Construction Official shall
be responsible for enforcement of violations of the New Jersey Uniform
Construction Code.
Those portions of a residential structure or accessory structure
on residential property which are exposed to public view and the surrounding
open space.
The following shall be considered nuisances and hazards for
the purposes of this article:
Any residential structure or accessory structure in disrepair
by reason of deteriorating conditions or storm damage;
Out-of-service swimming pools in disrepair by reason of deteriorating
conditions or storm damage;
Dead, rotting or diseased trees;
Loose and overhanging tree limbs;
Accumulated junk, litter or debris;
Accumulated hazardous, noxious, or unhealthy substances or materials;
and
Overgrown or neglected lawns, bushes, trees, shrubbery and landscaping.
The title owner of a vacant and abandoned property or a creditor
responsible for the maintenance of a property pursuant to N.J.S.A.
46:10B-51.
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
Any improved residential property which is not physically
occupied by a title owner, title owner's family member, title
owner's relative or a tenant of the title owner and at which
at least three of the following conditions exist at the property:
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 window panes 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 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 mortgagee expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
An open space extending between the closest point of any building and a lot line or street line, excluding those portions of the yard that are critical areas as defined in § 188-3 and/or subject to conservation restrictions.
A.
Registration. The responsible party for a vacant and abandoned residential property shall file a certificate of registration with the Township Clerk within 90 days after receipt of notice, pursuant to § 232-14, that the property has been determined to be vacant and abandoned, or within 30 days after the responsible party assumes ownership of or responsibility for a property already determined to be vacant and abandoned, whichever is later. A certificate of registration shall remain valid for one year from the date of issuance and shall be renewed on an annual basis if the property remains vacant and abandoned.
B.
Form of certificate of registration. The certificate of registration
shall be filed on forms prescribed by the Township Clerk and shall
contain:
(1)
The name, street address, and telephone number of a 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;
(2)
The name, street address, and telephone number of the person responsible
for maintaining the property, if different; and
C.
Certificate of registration amendments. A responsible party for a
vacant and abandoned residential property shall file an amended certificate
of registration within 30 days after any change in the information
required to be included thereon.
D.
Certificate of registration fees. The following fees for a certificate
of registration shall be paid by the responsible party:
(1)
For the initial registration fee: $250.
(2)
For all annual renewals of the registration where there are no outstanding
property maintenance or code violations at the time of renewal: $250;
and
(3)
For annual renewal of the registration where there are outstanding
property maintenance or code violations at the time of renewal: $500.
Within 45 days after the property has been determined to be
vacant and abandoned and until the property is reoccupied, the responsible
party for a vacant and abandoned residential property shall:
A.
Enclose and secure the property against unauthorized entry;
B.
Post a sign affixed to the inside of 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 responsible
party or authorized agent; and
C.
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.
Vacant and abandoned residential properties shall be maintained
in accordance with the following standards:
A.
The property shall be kept free of all nuisances and hazards, litter
and debris.
B.
The property shall be kept free of accumulations of water, vegetation
or other matter which might serve as a source of food or as a harboring
or breeding place for infestation.
C.
Grass in the yard area shall be cut and maintained so as to prevent
the grass from growing to seed or exceeding 14 inches in height.
D.
The exterior of every structure or accessory structure, or other
improvement on the premises shall be kept in good repair and all exposed
surfaces subject to deterioration shall be protected against weathering
or deterioration by a protective coating appropriate for the particular
material involved as needed.
E.
The exterior of the buildings shall be free of loose material that
may create a hazard by falling on persons utilizing the premises.
F.
All exterior walls, roofs, windows, window frames, doors, door frames,
sky lights, foundations and other parts of the structure shall be
maintained to keep water from entering the structure and to prevent
excessive drafts or heat loss during cold or inclement weather and
to provide a barrier against infestation. Damaged or badly worn materials
shall be repaired or replaced and places showing signs of rot, leakage
or deterioration or corrosion shall be treated or restored to prevent
weathering or seepage.
G.
Leaders and drain pipes shall be securely fastened to the building
and maintained in good condition free of leaks and free of obstructions
and shall direct stormwater into draining systems or away from the
foundation walls of the structure.
Upon determination of the enforcement officer that a residential
property is vacant and abandoned, the enforcement officer shall notify
the responsible party by personal service, registered mail or posting
of notice in a noticeable place on the property of the determination
and the requirements of this article.
The enforcement officer upon determination of any violation
of the provisions of this article, or any other applicable ordinances,
statutes or regulations, shall serve a notice of such violation on
the responsible party by personal service, registered mail or posting
of notice in a noticeable place on the property. The notice shall
advise the responsible party of the violation and the obligation to
remedy the same within 10 days from the date of the notice. If the
violation is not remedied to the satisfaction of the enforcement officer
within said 10 days, the enforcement officer may issue a summons to
the responsible party and request the governing body to adopt a resolution
authorizing the municipality to abate the violation and place the
property in compliance with the provisions of this article and any
other applicable ordinances, statutes or regulations at the responsible
party's sole cost and expense and impose a lien on the property
for all costs and fees associated therewith.
Upon adoption of a resolution by the governing body, the municipality
may abate any nuisance, hazard or violation and place the property
in compliance with the provisions of this article and any other applicable
ordinances, statutes or regulations. The enforcement officer shall
certify the costs thereof to the governing body. The governing body
shall review the certificate of costs and, if found acceptable, authorize
a lien be placed against the property. The amount of the lien shall
be added to the taxes to be assessed and levied upon the property.
The amount of the lien shall also bear interest at the same rate as
taxes and be collected in the same manner as any other taxes assessed
and levied upon the property.
Any person or entity that violates any provision of this article
shall, upon conviction thereof, be punished by a fine not less than
$500 nor more than $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, P.L. 1999, c.
274 (N.J.S.A. 2A:58-10 et seq.). The Superior Court, Law Division,
or the municipal court shall have jurisdiction to enforce such penalty.
