[HISTORY: Adopted by the Township Committee of the Township
of Westampton 10-13-2015 by Ord.
No. 13-2015. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Consistent with Section 3 of P.L. 2008, c. 86, a state-chartered
bank, savings and loan association or any credit union, any person
required to be licensed under the provisions of the New Jersey Residential
Mortgage Lending Act,[1] and any entity acting on behalf of the Creditor named
in the debt obligation, including, but not limited to, servicers.
[Added 11-21-2016 by Ord.
No. 22-2016]
The title holder, any agent of the title holder having authority
to act with respect to a vacant property, and foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c.127, Sec. 17)
or any other entity determined by the Township of Westampton to have
authority to act with respect to the property.
Any building used or to be used as a residence or business
which is not legally occupied or at which substantially all lawful
construction or business operations or residential occupancy has ceased,
and which is in such condition that it cannot legally be reoccupied
without repair or rehabilitation and at least two of the following
conditions exist:
Overgrown or neglected vegetation, including, but not limited
to, brush, weeds, dead or dying trees;
Infestation of insects, vermin, rats, or other pests;
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, letters, 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 by neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continually unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners, that exists due to acts of
vandalism, loitering, criminal conduct, or the physical destruction
or deterioration of the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or any 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
[1]
Editor's Note: See N.J.S.A. 17:11C-51 et seq.
A.
Effective May 1, 2015, the owner of any vacant property as defined herein shall within 60 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Township of Westampton Code Enforcement Official on forms provided by the Township Code Enforcement Official for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in § 182-4 of this chapter for each vacant property registered.
B.
Any owner of any building that meets the definition of vacant property prior to May 1, 2015, shall file a registration statement for that property on or before May 31, 2015. The registration statement shall include the information required under § 182-3 of this chapter, as well as any additional information that the Township Code Enforcement Official may reasonably require.
C.
The owner shall notify the Township Code Enforcement Official within
30 days of any change in the registration information by filing an
amended registration statement on a form provided by the Township
Code Enforcement Official for such purpose.
D.
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 of Westampton against
the owner or owners of the building.
A.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Township Code Enforcement Official to conduct an exterior and
interior inspection of the building to determine compliance with the
Township Code, following reasonable notice, during the period covered
by the initial registration or any subsequent renewal.
B.
The registration statement shall include the name, street address,
and telephone number of a natural person 18 years of age 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. This person must maintain an office in the State of New Jersey
or reside within the State of New Jersey. The statement shall also
include the name of the person responsible for maintaining and security
of the property, if different.
C.
An owner who is a natural person and who meets the requirements of
this chapter as to location of residence or office may designate him-
or herself as agent.
D.
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 Township
Code Enforcement Official of a change of authorized agent or until
the owner files a new annual registration statement. The designation
of an authorized agent in no way releases the owner from any requirement
of this chapter.
The owner of any building that has become a vacant and abandoned
property, and any person maintaining, 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 Township Code, or as set forth
in rules and regulations supplementing those codes; and
B.
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 (if designated pursuant to § 182-3 of this chapter), and the person responsible for 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 15 inches by 17 inches; and
C.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete.
D.
Place a sign or posting indicating that unauthorized persons are
not permitted entry into the building or on the porch, curtilage or
surrounding areas in accordance with the provisions of N.J.S.A. 2C:18-3b(2).
Said sign/posting shall clearly indicate "No trespassing" in a form
approved by the Township of Westampton and shall be placed in a conspicuous
location on the premises.
E.
The owner of any vacant building shall acquire and otherwise maintain
liability insurance by procuring a vacancy policy in an amount of
not less than $300,000 for buildings designed primarily for use as
residential units 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.
F.
The owner shall attach evidence of the insurance to the owner's
registration statement. Any registration statement submitted that
does not include such evidence shall not be deemed to be a valid registration.
The Township Committee for the Township of Westampton may issue
rules and regulations for the administration of the provisions of
this chapter.
A.
Any owner who is not in full compliance with this chapter or who
otherwise violates any provision of this chapter or of the rules and
regulations issued hereunder 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 chapter shall be recoverable from the owner
and shall be a lien on the property.
B.
For purposes of this chapter, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 182-5 of this chapter, or such other matters as may be established by the rules and regulations of the Township Committee for the Township of Westampton shall be deemed to be violation of this chapter.
Nothing in this chapter is intended to nor shall be read to
conflict or prevent the Township of Westampton from taking action
against buildings found to be unfit for human habitation or unsafe
structures as provided in applicable provisions of the Code of the
Township of Westampton 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 its obligations under
this chapter.
[Amended 11-21-2016 by Ord. No. 22-2016]
A.
Pursuant to the provisions of the Public Laws of 2014, Chapter 35,[1] a creditor, as defined in § 182-1, filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of this chapter of the Code of the Township of Westampton, pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s.
B.
If the public officer, or other authorized municipal official, determines
that a creditor obligated to care, maintain, secure and keep up a
vacant and abandoned property has failed to do so in violation of
the provisions of this chapter of the Code, the public officer or
other authorized municipal official shall issue a notice of violation
to the creditor that has filed a summons and complaint to foreclose
on the property in question. The notice shall require the person or
entity to correct the violation within 30 days of receipt of the notice,
or within 10 days of receipt of the notice if the violation presents
an imminent threat to public health and safety. The issuance of this
notice shall constitute evidence that a property is vacant and abandoned
for purposes of N.J.S.A. 2A:50-73.
C.
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to paragraph
one of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court
of competent jurisdiction to have violated this provision shall be
subject to a fine of $2,500 for each day of the violation commencing
on the day after the ten-day period set forth in paragraph one of
N.J.S.A. 46:10b-51 with respect to notifying the Municipal Clerk that
an action to foreclose on the property has been filed.
D.
Except as set forth in this chapter and herein, any person, firm,
corporation or entity violating any provision of this chapter shall,
upon conviction, be punishable as provided in this Code. A creditor
required to care, maintain, secure and keep up a property under this
chapter cited in a notice issued pursuant to Subsection 9B shall be
subject to a fine of $1,500 for each day of the violation.
E.
Notice of violations of property maintenance, building or other property
codes for any property declared vacant and abandoned pursuant to this
chapter shall be given to a foreclosing creditor pursuant to the procedures
of this Code as required by P.L. 2014, c. 35.[2]
[2]
Editor's Note: See N.J.S.A. 40:48-2.12s.
