[HISTORY: Adopted by the Township Committee of the Township
of Hampton 10-27-2015 by Ord. No.
2015-08. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Is defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., and means the following:
Except as provided in § 6 of P.L. 2003, c. 210 (N.J.S.A.
55:19-83), 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 on a determination
by the public officer that:
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and no rehabilitation has taken place
during that six-month period;
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 public officer pursuant to this
section;
The property has been determined to be a nuisance by the public
officer in accordance with § 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as two-thirds or more of the total net square footage of the building was previously legally occupied as residential space, none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A(1) or (4) of the definition of "abandoned property" set forth in § 40-1.[2]
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include, but is not limited to, evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past-due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property for the purposes of this chapter.
The title holder, any agent of the title holder having authority
to act with respect to a property, any foreclosing person or entity
subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127,
§ 17, as amended), and/or any other person or entity determined
by the Township to act with respect to a property.
A building that was or is used or whose purpose is to be
used as a residence which is not legally occupied or at which substantially
all lawful construction operations or residential occupancy has ceased
for a period of at least three months; and/or commercial property
that has not been legally occupied or at which substantially all lawful
construction operations have ceased for a period of at least three
months, and which exhibits evidence of vacancy such that a reasonable
person would believe that the property is vacant. A property that
contains all building systems in working order, is being maintained
on a regular basis, has not been cited by the Township for any violation
of municipal ordinance within such time and is being actively marketed
by its owner for sale or rental shall not be deemed vacant.
The Township Code Enforcement Officer.
The owner of any building that has become vacant or abandoned
property, and any person maintaining, operating or collecting rent
for any such building that has become vacant or abandoned, shall,
immediately:
A.
Post a sign affixed to the inside of the building indicating the
name, address and telephone number of the owner, the owner's authorized
agent for the purpose of service of process, and the person responsible
for the day-to-day supervision and management of the building, if
such person is different from the owner holding title or authorized
agent. The sign shall be of a size and placed in such a location so
as to be legible from the nearest public street or sidewalk, whichever
is nearer, but shall be no smaller than 140 inches by 17 inches;
B.
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Township and maintain the sign required by § 40-2A hereof until the building is legally occupied or demolished or until repair or rehabilitation of the building is complete;
C.
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Township;
D.
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Township for the delivery
of circulars and advertisements to the property;
E.
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of waterlines, other
than buildings with a fire sprinkler system;
F.
Make provision for the cessation of electric or gas utility services
to the property, other than buildings with a fire sprinkler system;
and
G.
Make provision for the regular maintenance of the exterior of the
property.
A.
Any owner who is not in full compliance with this chapter shall be
subject to a fine of not less than $500 and not more than $1,000 for
each offense. Every day that a violation continues shall constitute
a separate and distinct offense. Fines assessed under this section
shall be recoverable from the owner and shall be a lien on the property.
B.
Nothing in this chapter is intended to nor shall be read to conflict
or prevent the Township from taking action regarding buildings found
to be unfit for human habitation or unsafe structures as provided
in applicable provisions of the Code of the Township, New Jersey statutes
and/or the Uniform Construction Code. Further, any action taken under
any such code provision other than the demolition of a structure shall
not relieve an owner from his, her or its obligations under this chapter.
[Amended 8-29-2023 by Ord. No. 2023-16]
The Township shall have an option in its sole discretion and
all such powers granted to municipalities by the State of New Jersey
for the rehabilitation of abandoned property. Such powers and the
procedure to exercise same are set forth, inter alia, in the Abandoned
Properties Rehabilitation Act (N.J.S.A. 55:19-78 et seq.) and in applicable
portions of the New Jersey Urban Development Corporation Act (N.J.S.A.
55:19-1 et seq.). These statutory powers are collectively referred
to herein as the "enabling statutes."
The public officer, as defined in N.J.S.A. 55:19-80, who is
responsible for executing the provisions of this chapter and for the
rehabilitation of abandoned property, shall be the Township Code Enforcement
Officer.
The public officer shall designate a property as an "abandoned property" if said property meets the criteria set forth in § 40-1 hereof (abandoned property criteria) and/or N.J.S.A. 55:19-82 (nuisance property criteria). The public officer's designation is limited by the provisions of N.J.S.A. 55:19-83.
The public officer shall establish an Abandoned Property List
pursuant to N.J.S.A. 55:19-55. An interested party (as that term is
defined in N.J.S.A. 55:19-105a) may request that the public officer
include a property on the Abandoned Property List, pursuant to N.J.S.A.
55:19-105.
The owner of a property on the Abandoned Property List has such
rights designated to said owner by the enabling statutes. Such powers
include but are not limited to:
The Township has and retains such powers and rights regarding
abandoned properties as set forth in the enabling statutes. Such powers
include but are not limited to:
A.
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
B.
Special tax sales, pursuant to N.J.S.A. 55:19-101;
C.
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
D.
Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100;
E.
Possession and control of property, pursuant to N.J.S.A. 55:19-84
to 55:19-92 et seq.;
F.
Rehabilitation and reuse of property, while in possession and control,
pursuant to N.J.S.A. 55:19-90;
G.
Borrowing money and making applications for rehabilitation of property,
while in possession and control, pursuant to N.J.S.A. 55:19-91;
H.
Sale of property, pursuant to N.J.S.A. 55:19-96;
I.
Purchase of property, pursuant to N.J.S.A. 55:19-96;
J.
Recover rehabilitation costs by lien on property, pursuant to N.J.S.A.
55:19-98;
K.
Clearance, development, redevelopment or repair of property through
power of eminent domain, pursuant to N.J.S.A. 55:19-56, 55:19-102.
All public utilities including but not limited to electric and
natural gas utilities retain such rights to abandoned properties as
set forth in N.J.S.A. 55:19-106 and 55:19-107.
All references in this chapter to state statutes include reference
to all amendments thereto. References to particular sections of the
enabling statutes are for ease of reference, but may not be exhaustive
and are not meant to be exclusive of other applicable statutory provisions
contained in the enabling statutes or elsewhere in the New Jersey
statutes.
