As used in this article, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
Pursuant to N.J.S.A. 55:19-81, an abandoned property is 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 Enforcement Officer that:
A.
The property is in need of rehabilitation in the reasonable
judgment of the Enforcement 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 Enforcement 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 of the date of the determination by the
Enforcement Officer pursuant to this section;
D.
Any building or structure which is not legally occupied or at which all lawful business or construction operations or renovation work or residential occupancy has substantially ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, and/or the property has been determined to be a nuisance by the Enforcement Officer in accordance with N.J.S.A. 55:19-82. A property which contains both residential and nonresidential space may be considered abandoned pursuant to 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 months at the time of the determination of abandonment by the Enforcement Officer and the property meets the criteria of either Subsection
A or
D of this definition.
CREDITOR
Any creditor (including out-of-state creditors), 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 or mortgage note.
INITIATION OF THE FORECLOSURE PROCESS
Any of the following actions taken by a lienholder or mortgage
holder or mortgagee
A.
Taking possession of the property;
B.
Delivering a creditor's or mortgagee's notice of intention to
foreclose to the borrower;
C.
Commencing a foreclosure action in the Superior Court of New
Jersey or filing a lis pendens.
OWNER
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant and/or abandoned
property, any foreclosing entity that has filed a notice with the
Municipal Clerk pursuant to the provisions of N.J.S.A. 46:10B-51,
or any other entity determined by the Township of Harrison to have
authority to act with respect to the property.
VACANT PROPERTY
Any building or structure which is not legally occupied or
at which all lawful business or construction operations or renovation
work or occupancy have substantially 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. 55:19-81 or where any two of the
conditions defined in N.J.S.A. 2A:50-73 exist; 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 a habitable condition, and where the building is
being actively marketed by its owner or creditor for sale or rental,
shall not be deemed a vacant property for purposes of this article.
The owner and/or creditor of any abandoned or vacant property
as defined herein shall:
A. Within 30 calendar days after the building becomes vacant property;
or
B. Within 30 calendar days after assuming ownership of the vacant property,
whichever is later; or
C. Within 30 calendar days of receipt of notice by the municipality,
file a registration statement for such vacant property with the Code
Enforcement Office on forms provided by the Township for such purposes
in the manner set forth below. Failure to receive notice by the municipality
shall not constitute grounds for failing to register the property.
(1) Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
(2) The registration statement shall include the name, street address,
telephone number, and e-mail address of a person 21 years of age or
older, designated by the owner or creditor or owners or creditors
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 or creditors in connection
with the enforcement of any applicable code; and the name, street
address, telephone number, and e-mail address of the firm and the
actual name(s) of the firms individual principal(s) responsible for
maintaining the property. The individual or a 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-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.
(3) The registration shall remain valid for one year from the date of registration, except the initial registration, for the fee prescribed in §
159-37 for each vacant property registered.
(4) If the registration fee is not paid within 30 days of notification, a lien will be placed on the property for the amount prescribed in §
159-37.
(5) The owner or creditor shall notify the Enforcement Officer within
30 calendar days of any change in the registration information by
filing an amended registration statement on a form provided by the
Township for such purpose.
(6) 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,
owners or creditor of the building.
(7) The owner and/or creditor shall maintain insurance in accordance with §
159-35E below.
(8) The registration statement may include any additional information
that the Enforcement Officer may reasonably require.
(9) If after 30 calendar days, there is no progress taken to address
the code violations at the vacant property; taxes are unpaid for one
quarter and the water and sewer charges, if applicable, are also delinquent
for one quarter, the Township may commence condemnation proceedings
to either demolish the structure and or take title to the property
to satisfy the Township's liens and expenses.
Any owner of vacant property who plans to restore the property
to productive use and occupancy during the thirty-day period following
the date of the initial registration of the property shall file a
sufficiently detailed statement of the owner's plans for restoration
of the property with the registration statement along with a timeline
schedule. Any owner who within the initial registration period completes
restoration of the property whereby the property no longer is defined
as a vacant property may request a refund of 50% of the vacant property
registration fee from the Code Enforcement Office upon presentation
of a certificate of occupancy who shall forward the request to the
Enforcement Officer for approval.
The owner and/or creditor 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 creditor 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 or creditor
and the Township.
The owner or creditor of any structure that has become vacant
and/or abandoned property, and any person responsible for maintaining
any such building that has become vacant and/or abandoned shall, within
30 calendar days of the structure becoming vacant and/or abandoned,
or within 30 calendar days of the owner or creditor taking title to
the property, do the following:
A. All property shall be maintained in a secure manner so as not to
be accessible to unauthorized persons. A "secure manner" shall include,
but not be limited to, the closure and locking of windows, doors,
gates and other openings of such size that may allow a child to access
the interior of the property or structure. Broken windows, doors,
gates and other openings of such size that may allow a child to access
the interior of the property or structure must be repaired. Broken
windows shall be secured by reglazing of the window. Except in the
event of a temporary emergency condition (for example, fire or storm
conditions), doors, windows and/or garage doors shall not be boarded
and/or covered. If required, all doors, windows and/or garage doors
shall be repaired and/or replaced such that they can be properly locked
in a secure manner.
[Amended 7-17-2017 by Ord. No. 22-2017]
B. 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, mold, mildew, and/or moss, and grass and weed overgrowth and in compliance with Chapter
159.
[Amended 7-17-2017 by Ord. No. 22-2017]
C. Post a sign, affixed and protected from the elements, to the structure indicating the name, address and telephone number of the owner or creditor and the owner's or creditor's authorized agent for the purpose of service of process, and the name, address and telephone number of the entity responsible for maintenance of the property, which may be the same as the owner or creditor or authorized agent. The sign shall include the words "No Trespassing" and "to report problems with this building, call…," shall be 24 inches by 24 inches in size, and shall be placed in a location where it is clearly visible from the nearest public street or sidewalk, whichever is nearer. The sign shall meet the requirements of §
225-87, et seq.
D. 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.
E. The owner or creditor of any vacant and/or abandoned property shall
acquire and otherwise maintain liability insurance, in an amount of
not less than $300,000 for buildings designed primarily for residential
use, and not less than $1,000,000 for any other building, including,
but not limited to, buildings designed for manufacturing, industrial,
storage or commercial uses, covering any damage to any person or any
property caused by any physical condition of or in the building or
property subject to the provisions of the ordinance. Said insurance
shall provide a rider for payment of all demolition costs should the
vacant building become abandoned and require the Township of Harrison
to demolish the building. Any insurance policy acquired or renewed
after the building has become vacant shall provide for written notice
to the Township of Harrison Enforcement Officer within 30 calendar
days of any lapse, cancellation or change in coverage. The owner or
creditor shall attach evidence of the insurance to the owner's or
creditor's registration statement. Any registration statement submitted
that does not include such evidence shall be deemed to be an invalid
registration. Insurance must name Township of Harrison as party or
payee for demolition costs should the Township deem demolition is
required.
F. Correct any violation of this chapter, including but not limited
to the provision of care, maintenance, security and upkeep of the
exterior of the property, within 30 days of receipt of the violation
notice from the Enforcement Officer; or within 10 days of receipt
of the violation notice if the violation presents an eminent threat
to public health and safety. The issuance of a notice pursuant to
this article shall constitute proof that a property is "vacant and
abandoned" for the purposes of N.J.S.A. 2A:50-73.
The Enforcement Officer may issue rules and regulations for
the administration of the provisions of this article. Such administratively
promulgated rules and regulations shall be in writing and shall be
provided to the owners or creditor of properties registered under
this article or their designated agents within 30 calendar days of
their effective date.