[HISTORY: Adopted by the City Council of the City of Rahway
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-2015 by Ord. No. O-22-15[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
I, Registration and Maintenance, adopted 8-11-2014 by Ord. No. O-31-14.
It is the intent of this chapter to protect and preserve the
public health, safety and welfare and security and quiet enjoyment
of residents and neighborhoods by:
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
consistent with the context, words used in the present tense include
the future, words in the plural include the singular and words in
the singular include the plural. The word "shall" is always mandatory
and not merely directory.
The City of Rahway.
The creditor having a right of foreclosure, including but
not limited to the holder of a mortgage on a property, and any agent,
servant or employee of the creditor, a loan servicing company, or
any successor in interest and/or assignee of the creditor's rights,
interests or obligations under the document granting foreclosure rights.
Consecutive calendar days.
The process by which property, placed as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
Any commercial, industrial and mixed-use real estate, or
portion thereof, located in the City of Rahway, including improvements
thereon.
Any common nuisance known as common law or inequity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the City.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, boats, any structurally unsound fences
or structures, lumber, trash, fences, debris or vegetation, such as
poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this
Code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this Code.
Fire hazards.
Any person who, alone or jointly with several others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or who shall have charge, care or control
of any property unit as owner or agent of the owner as lessee, executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate or as a foreclosing mortgagee or mortgagee in possession,
regardless of how that possession was obtained. Any person who is
a lessee subletting or assigning any part of any property or property
unit shall be deemed to be co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
Any real estate, including residential, commercial, industrial
and mixed use, or portion thereof, located in the City of Rahway,
including any improvements thereon.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Measures taken to ensure that the property is inaccessible
to unauthorized persons.
With regard to any property, that no portion of the property
is legally occupied. A property shall not be deemed "vacant," for
purposes of this chapter:
Where there is a building on the property containing multiple
residential units, if any of the residential units are legally occupied;
Where the legal occupant has temporarily left the property for
vacation or other purposes for a period not exceeding 180 days, possessing
both the intent to return and the legal right to return, such as a
residential property owner or tenant who resides in another municipality
or state for a portion of the year; or
Where the building is under construction with current valid
construction permits, and work is being performed on the property
on a regular basis. A mixed-use property is considered vacant if the
commercial use is not legally occupied even though one or more residential
units may be legally occupied.
A.
All owners of vacant residential property must register such vacant
properties with the Rahway City Clerk within 10 days of such property
becoming vacant. The registration must be renewed annually as set
forth below for as long as the property remains vacant.
B.
All owners of vacant nonresidential property must register such vacant
properties with the Rahway City Clerk within 30 days of such property
becoming vacant. The registration must be renewed annually as set
forth below for as long as the property remains vacant.
C.
Owners of vacant properties shall designate an individual or property
management company responsible for the security and maintenance of
the property. The individual or property management company responsible
for the security and maintenance of the property shall have an office
located in New Jersey within 25 miles of the property.
D.
The registration required by this section must contain the following
information:
(1)
The owner's name, telephone number, and mailing address. The mailing
address may not be a P.O. box.
(2)
The street address and tax map designation (lot and block) of the
property,
(3)
Whether the property is residential, nonresidential, commercial,
or mixed use.
(4)
The name, telephone number, e-mail address, and mailing address of
an individual or property management company located in the State
of New Jersey which is responsible for the security and maintenance
of the property. The mailing address may not be a P.O. box.
(5)
Certification that the property was inspected as required by this
chapter.
(6)
Proof of utility (gas, electric, water) connections or disconnections.
E.
The owner shall have a continuing duty to notify the City of any
changes to the information contained in the registration.
F.
The Rahway City Clerk may promulgate forms on which the information
in the registration must be provided.
G.
The owner must notify the Rahway City Clerk if, at any time subsequent
to registration as a vacant property, the property is no longer vacant,
and provide proof that the property is no longer vacant.
A.
The initial registration fee for vacant residential property shall
be $500 and must accompany the registration form. The initial registration
shall be valid for the remainder of the calendar year in which the
property is registered. Renewals for subsequent calendar years shall
run from January 1 to December 31, and payment of the renewal registration
fee shall be due by January 15 of the relevant year. The fee for the
first annual renewal shall be $1,000; the fee for the second annual
renewal shall be $3,000; and the fee for the third and subsequent
renewals shall be $5,000. Registration fees and renewal fees will
not be prorated or refunded.
B.
No fee shall be charged at the time the owner registers vacant nonresidential
property with the City. If a tenant is not secured for the registered
vacant nonresidential property within six months of the date of registration
of the vacant nonresidential property, an initial registration fee
of $500 shall be charged to the owner. The initial registration shall
be valid for the remainder of the calendar year in which the property
is registered. Renewals for subsequent calendar years shall run from
January 1 to December 31, and payment of the renewal registration
fee shall be due by January 15 of the relevant year. The fee for the
first annual renewal shall be $1,000; the fee for the second annual
renewal shall be $3,000; and the fee for the third and subsequent
renewals shall be $5,000. Registration fees and renewal fees will
not be prorated or refunded.
C.
No governmental agency shall be required to pay the annual or renewal
registration fee.
D.
If the
vacant property is not registered, or the registration fee is not
paid within 30 days of when the registration is required pursuant
to this section, a late fee equivalent to 10% of the annual registration
fee shall be charged for every thirty-day period, or portion thereof,
the property is not registered and shall be due and payable with the
registration. This section shall apply to the initial registration
and registrations required by subsequent transferees, owners and mortgagees
of the vacant property.
[Added 2-8-2021 by Ord. No. O-02-21; amended 6-14-2021 by Ord. No. O-18-21]
A.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on property in this City, including but not limited
to residential property, shall, within 10 days of serving the summons
and complaint, file a registration with the Rahway City Clerk. The
registration must be renewed as set forth below until title to the
property has been transferred to a new owner or the foreclosure action
is dismissed. A creditor who takes title to a vacant property shall
then be required to register as an owner of such vacant property,
and to renew such registration for as long as the property remains
vacant.
B.
If the property is vacant or the creditor is located outside the
State of New Jersey, the creditor must designate an individual or
property management company responsible for the security and maintenance
of the property. The individual or property management company responsible
for the security and maintenance of the property shall have an office
in New Jersey located within 25 miles of the property.
C.
The registration shall contain the following information:
(1)
The creditor's name, telephone number, e-mail address and mailing
address. The mailing address may not be a P.O. box.
(2)
The street address and Tax Map designation (lot and block) of the
property for which foreclosure has been sought.
(3)
Whether the property is residential, nonresidential, commercial or
mixed use.
(4)
The name, telephone number, e-mail address and mailing address of
a designated representative of the creditor who is located in the
State of New Jersey and is responsible for receiving complaints of
property maintenance and code violations for that property. The mailing
address may not be a P.O. box.
(5)
If the property is vacant, the name, telephone number, and mailing
address of an individual or property management company located in
the State of New Jersey which is responsible for the care, maintenance,
security and upkeep of the property. The mailing address may not be
a P.O. box.
(6)
If the property is vacant, certification that the property was inspected
as required by this chapter.
(7)
If the property is vacant, proof of utility (gas, electric, water)
connections or disconnections.
D.
The creditor shall have a continuing duty to notify the City of any
changes to the information contained in the registration.
E.
The Rahway City Clerk may promulgate forms on which the information
in the registration must be provided.
F.
Pursuant to N.J.S.A. 40:48-2.12s.c.(1), an out-of-state creditor's failure to appoint an in-state representative or agent for residential properties is subject to fines set forth in § 395-10B of this chapter.
G.
Once the foreclosure action has terminated, either through dismissal,
or transfer of title, the creditor must provide proof of such termination,
sale, transfer or occupancy to the enforcement authority within 30
days of sale, exchange or transfer.
A.
The initial registration fee shall be $500 and must accompany the
registration form. The initial registration shall be valid for the
remainder of the calendar year in which the property is registered.
Renewals for subsequent calendar years shall run from January 1 to
December 31, and payment of the renewal registration fee shall be
due by January 15 of the relevant year. The fee for the first annual
renewal shall be $1,000; the fee for the second annual renewal shall
be $3,000; and the fee for the third and subsequent renewals shall
be $5,000. Registration fees and renewal fees will not be prorated
or refunded.
B.
No governmental agency shall be required to pay the annual or renewal
registration fee.
A.
Properties subject to the requirements of this chapter must be maintained
in accordance with all the applicable federal, state and local laws,
ordinances, rules and regulations. The owner, creditor, local individual
or local property management company, as appropriate, must inspect
the property twice a month for the duration of the vacancy or foreclosure
as appropriate.
B.
In addition to, and not in lieu of meeting all other applicable federal,
state, and local laws, ordinances, rules and regulations:
(1)
Properties subject to the requirements of this chapter shall be kept
free of accumulated snow and ice, weeds, dry brush, dead vegetation,
trash, junk, debris, building materials, unregistered vehicles, any
accumulation of newspapers, circulars, flyers, notices (except those
required by law), and discarded personal items including but not limited
to furniture, clothing, large and small appliances, printed material
or any other items giving the appearance that the property is vacant.
(2)
Properties subject to the requirements of this chapter shall be maintained
free of graffiti, tagging, or similar markings. In the event that
any graffiti, tagging, or similar markings are placed on the property,
it/they shall either be removed or painted over with an exterior-grade
paint matching the color of the portion of the structure where the
graffiti, tagging, or similar marking was placed.
(3)
Front yards, rear yards, and side yards of properties subject to
the requirements of this chapter shall be landscaped and maintained
to neighborhood standards. Landscaping and maintenance shall include,
but is not limited to, care of grass, mulch, decorative rock, artificial
turf/sod specifically designed for residential or commercial installation,
or other ground cover, bushes, shrubs, hedges, trees, or similar plantings,
removal or repair of gravel, broken concrete, asphalt, decomposed
granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar
material, in addition to regular watering, irrigation, cutting, pruning
and mowing of required vegetation and removal of all trimmings.
(4)
Any pool, spa, or other standing body of water shall either be kept
in working order so the water remains clear and free of growth, pollutants,
and debris, and does not become a harborage for vermin or insects;
or drained and kept dry. In either case, properties with pools or
spas must comply with the security fencing requirements of the City.
C.
The owner of any vacant property shall acquire and maintain liability
insurance covering injury or damage to any person or any property
in not less than $300,000 for residential buildings, and $1,000,000
for nonresidential buildings or property.
D.
The property owner shall be responsible for property maintenance. However, if the owner of a property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a property is or becomes vacant at the time of or at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the property is found to be a nuisance or in violation of any applicable state or local code, the enforcement authority shall notify the creditor, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or City ordinance. The enforcement authority shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of 30 (or 10 days if the violation presents an imminent threat to public health and safety) from the creditor's receipt of the notice for the creditor to remedy the violation. The issuance of a notice of violation pursuant to this section shall constitute proof that a property is vacant and abandoned for the purposes of N.J.S.A. 2A:50-73. If the creditor fails to remedy the violation within that time period, the City may impose the penalties allowed for the violation of municipal ordinances, pursuant to § 395-10 of this chapter, against the creditor to the same extent as they could be imposed against the owner of the property.
E.
Adherence to this chapter does not relieve the owner or creditor
of obligations set forth in any other statute, regulation, ordinance,
or other source of authority or obligation.
The enforcement authority shall have the authority to inspect
the properties subject to this chapter for compliance and to issue
summonses for any violations.
Enforcement authority shall be vested in the Rahway Department
of Administration (Mayor and/or Business Administrator), the Rahway
Department of Building, Planning and Economic Development, and the
Rahway Department of Health and Senior Services, and their respective
officials and inspectors. The Rahway Police Department and Department
of Public Works shall also have enforcement authority with respect
to this chapter. The Mayor and/or Business Administrator may also
designate, when necessary, enforcement duties to other City departments.
A.
Violation of any of the terms of this chapter (except for those violations which pertain to out-of-state creditors set forth in § 395-10B and 395-10C) shall be punishable by a fine of not less than $100 nor greater than $2,000 per occurrence in addition to any registration fee or renewal fee that may be due and owing. Each subsequent occurrence shall result in an increased penalty.
B.
Pursuant to N.J.S.A. 40:48-2.12s.c.(1), an out-of-state creditor's
failure to appoint an in-state representative or agent for residential
properties within 10 days of the service of the foreclosure summons
and complaint shall be subject to a fine of $2,500 for each day of
the violation.
C.
Pursuant to N.J.S.A. 40:48-2.12s.c.(2), an out-of-state creditor's
failure to correct a care, maintenance, security or upkeep violation
on a residential property within 30 days of service of the notice
of violation (or 10 days if the violation presents an imminent threat
to public health and safety) shall be subject to a fine of $1,500
for each day of the violation.
Nothing contained herein shall prevent the City from taking
action to abate a nuisance or correct a violation where the owner
or creditor, as applicable, has failed to abate the nuisance or correct
the violation on a vacant property or a property in foreclosure after
notice and the opportunity to abate or correct. In such situations,
the City may impose a lien against the property for costs to correct
the violation or abate the nuisance. Such lien shall hereafter form
part of the taxes next to be assessed and levied upon said lands,
the same to bear interest at the same rate as such taxes to be collected
and enforced by the same officers and in the same manner as such taxes.
No governmental entity shall be required to register under this
chapter. However, nothing contained herein shall be construed as granting
exemption to the governmental entity from property maintenance or
other obligations imposed by any other statute, regulation, or ordinance.
Upon the effective date of this chapter, the owner of any currently
vacant property and a creditor pursuing a pending foreclosure shall
have 30 days within which to comply with the provisions of this chapter.
