[HISTORY: Adopted by the Governing Body of the Borough of
Allendale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-22-2014 by Ord. No. 14-09]
Whereas, contained within the Borough of Allendale are certain
structures which are vacant in whole or large part and some of which
have been abandoned; and
Whereas, in many cases, the owners or responsible parties of
those structures are neglectful of them, are not maintaining them
or securing them to an adequate standard for the protection of the
public health, safety or welfare, nor are they preparing or restoring
those structures to productive use; and
Whereas, it has been established that those vacant and abandoned
structures cause a severe harm to the health, safety and general welfare
of the community, including diminution of neighboring property values,
increased risk of fire and potential increases in criminal activity
and public health risks; and
Whereas, the Borough of Allendale incurs disproportionate costs
in order to deal with the problems directly related to these vacant
and abandoned structures, including, but not limited to, excessive
police calls, fire calls and property maintenance inspections and
violations; and
Whereas, it is in the public interest of the Borough of Allendale
for the Borough to establish minimum standards of accountability on
the owners or responsible parties of said vacant and abandoned structures
in order to protect the health, safety and general welfare of the
residents and visitors of the Borough of Allendale; and
Whereas, it is in the public interest for the Borough to impose
a fee in conjunction with registration of vacant and/or abandoned
structures in light of the disproportionate costs imposed on the Borough
by the presence of these structures.
Now, therefore, be it ordained by the Mayor and Council of the Borough of Allendale that Chapter 248 is created to read as follows.
As used in this article, the following terms shall have the
meanings indicated:
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, Section
17, as amended by P.L. 2009, c. 296), or any other entity determined
by the Borough of Allendale 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 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 June 1, 2014, 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 Borough 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 firms 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 Borough against the owner or
owners of the building.
The owner of any vacant property registered under this article
shall provide access to the Borough 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 Borough.
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 him- 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 Allendale by regular and certified mail.
The initial registration fee for each building shall be $100.
The fee for each subsequent years renewal shall be $100. In addition
to such registration fee, the owner shall post an escrow for each
and every vacant property according to the annual fee schedule below.
Said escrow shall be used for any costs expended by the Borough in
maintaining, abating, or correcting any nuisance, property maintenance
violation, or securing the premises from unauthorized entry and any
other matter that the Borough deems appropriate for the public's
health, safety and welfare.
A.
Escrow schedule.
[Amended 7-28-2016]
|
Type
|
Amount
| |
|---|---|---|
|
Initial registration
|
$1,000 (year of registration)
| |
|
First renewal
|
$2,000 (2nd calendar year)
| |
|
Second renewal
|
$3,000 (3rd calendar year)
| |
|
Subsequent renewal
|
$5,000 (4th or more calendar years)
|
B.
The initial escrow shall be deposited at the time of registration,
and all subsequent years shall be posted by January 31 of the following
year. If at any point the escrow shall become deficient, the owner
shall replenish the escrow account according to year since initial
registration. Any unused escrow amount shall be refunded to the owner
at the time the premises becomes occupied and not subject to the requirements
of this article.
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 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.
A.
If the owner is in violation of any terms and conditions of this
article, the Borough shall send notice to the owner, via certified
and regular mail, as identified on the registration, that such violation
must be remedied within 30 days. If such violation is not remedied
within 30 days of such notice, the Borough shall cause a summons to
be issued.
B.
In addition to such summons, the Borough shall have the right to expend public funds in order to abate the nuisance, correct or remedy the violation, or secure the premises against unauthorized entry, and such costs shall be paid from the escrow established pursuant to § 248-6.
C.
If the amount of escrow posted shall be insufficient to reimburse the municipality for such costs, then notice shall be given to the owner, and any unpaid costs after 30 days shall become a lien upon the property in accordance with the provisions of § 199-19C and applicable law.
D.
For the purposes of obnoxious weeds or growth, the cutting of the grass, or removal of snow and ice, the notice provided to the owner pursuant to Subsection A above shall include such notice that, unless the owner shall object, a regular schedule shall be established between the contractor and the Borough to trim said obnoxious weeds or growth, to cut the grass, or to remove the snow and ice on the property. Said regular schedule of work shall be no more than twice a month.
The Property Maintenance Officer shall enforce this article.
A.
For purposes of this article, 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
contained herein shall be deemed to be violations of this article.
B.
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 $2,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this article shall be recoverable from the owner.
If any portion of this article is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this article but shall be
confined in its effect to the provision directly involved in the controversy
in which such judgment shall have been rendered.
All other ordinances of the Borough, or parts thereof, which
are in conflict with this article are hereby repealed to the extent
of such conflict.
This article shall take effect upon passage and publication
as required by law.
