The Borough of Beach Haven hereby adopts the Abandoned Property
Rehabilitation Act, N.J.S.A. 55:19-78 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
As provided by N.J.S.A. 55:19-81, 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 public officer that:
A.
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and/or rehabilitation has taken place
during that six-month period; and
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 public 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 as of the date of the determination by
the public officer pursuant to this section; or
D.
The property has been determined to be a nuisance by the public officer in accordance with Section 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 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 public officer, and the property meets the criteria of either Subsection
A or Subsection
D of this definition.
OWNER
Includes the title holder, any agent of the title holder
having authority to act with respect to vacant/abandoned property,
any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51
(P.L. 2008, c. 127, Sec. 17, as amended by P.L. 2009, c.296), or any
other entity determined by the Borough of Beach Haven to have authority
to act with respect to the property.
PUBLIC OFFICER
The Public Officer shall be the Borough Manager or other
person designated or appointed by resolution of the municipal governing
body pursuant to N.J.S.A. 40:48-2.5 et seq.
VACANT PROPERTY
Any building used or to be used as a residence, commercial
or industrial structure which is not legally occupied or at which
substantially all lawful construction operations or occupancy has
ceased, and which is in such condition that it can not 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.
55:19-54, 55:19-78, 55:19-79, 55:19-80 and 55:19-81; 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 chapter.
The owner of any vacant or abandoned 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, and annually thereafter, file a registration
statement for such vacant property with the Public Officer on forms
provided by the Borough for such purposes. Failure to receive notice
by the municipality shall not constitute grounds for failing to register
the property.
A. Each property 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 email 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 proceedings
on behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and email (if applicable) of the firm and the actual name(s) of the
firm's individual principal(s) responsible for maintaining the
property. The individual or 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.
C. The registration shall remain valid for one year from the date of
registration, except for the initial registration, which shall be
prorated for that year. The owner shall be required to renew the registration
annually as long as the building remains a vacant and/or abandoned
property and shall pay a registration or renewal fee in the amount
prescribed in this chapter for each vacant property registered.
D. The annual renewal shall be completed by January 1 of each year.
The initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
E. The owner shall notify the Public Officer within 30 calendar days
of any change in the registration information by filing an amended
registration statement on a form provided by the Public 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 or abandoned property registered under
this chapter 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 during normal
business hours or such other times as may be mutually agreed upon
between the owner and Borough.
The initial registration fee for each vacant or abandoned building
shall be $500. The fee for the first annual renewal is $1,500, and
the fee for the second annual renewal is $3,000. The fee for any subsequent
annual renewal beyond the second renewal is $5,000.
Vacant/Abandoned Property Registration Fee Schedule
|
---|
Registration/Renewal
|
Fee
|
---|
Initial registration
|
$500
|
First annual renewal
|
$1,500
|
Second annual renewal
|
$3,000
|
Subsequent annual renewal
|
$5,000
|
The owner of any building that has become vacant/abandoned 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; and
B. Post a sign affixed to 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 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 eight inches by 10 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; and
D. 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, and gross and
weed growth; and
E. 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 the abolishment of the building
is complete.
The abandoned property list and the requirements of this chapter
shall be applicable to the Borough of Beach Haven, in its entirety.