It is the purpose and intent of the Township to establish a
process to address the deterioration and blight of Township neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the Township, and to identify, regulate,
limit and reduce the number of abandoned properties located within
the Township. It is the Township's further intent to participate
in the County-wide registration program established by the Atlantic
County Improvement Authority and administered by Community Champions
Corporation as a mechanism to protect neighborhoods from becoming
blighted due to the lack of adequate maintenance and security of abandoned
and foreclosed properties.
This following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY
Any real property located in the Township, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending tax assessor's lien
sale or has been transferred to the lender under a deed in lieu of
foreclosure. The designation of a property as "abandoned" shall remain
in place until such time as the property is sold or transferred to
a new owner, the foreclosure action has been dismissed, and any default
on the mortgage has been cured.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a comprised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
APPLICABLE CODES
To include, but not be limited to, the Township's Zoning
Code, the Township's Code of Ordinances ("Township Code"),
and the New Jersey Building Code.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Township
Code; or
D.
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the Township Unfit Buildings, Property
Maintenance and/or Zoning or Land Use Codes.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township to enforce the applicable
code(s).
OWNER
Any person, legal entity or other party having any ownership
interest whether legal or equitable in real property. This term shall
also apply to any person, legal entity or agent responsible for the
construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
VACANT
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Township above and beyond any other
state, county or local provisions for same.
Pursuant to the provisions of §
96-20, the municipality or designee shall participate in the County-wide registration program established by the Atlantic County Improvement Authority and administered by Community Champions Corporation cataloging each abandoned property within the Township, containing the information required by this article.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Township.
Any person who shall violate the provisions of this article may be cited and fined as provided in Chapter
84, this Chapter
96 and/or Chapter
188 of the Weymouth Township Code of Ordinances and New Jersey Statutes, N.J.S.A. 55:19-78 et seq. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the municipality Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant municipality Code section(s) shall be examined.
Description of Violation
|
Civil Penalty
|
---|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within
|
$500
|
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s) and the owner shall be responsible for meeting
with the Township's Code Enforcement Division within 45 days
for a final courtesy inspection report.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
to enforce the sections herewithin shall be immune from prosecution,
civil or criminal, for reasonable, good-faith entry upon real property
while in the discharge of duties imposed by this article.
Registration and penalty fees outlined in this article may be
modified by a resolution, passed and adopted by the Township Committee
of the Township of Weymouth.