As used in this article, the following terms shall have the
meanings indicated:
MUNICIPAL OFFICER
The Township Code Enforcement Officer or such official that
may be designated to act for the Code Enforcement Officer.
OWNER
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity that has filed a notice with the Municipal Clerk pursuant to
the provisions 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
Township to have authority to act with respect to the property.
VACANT PROPERTY
Any building used or to be used as a residence or a commercial
use not legally occupied or at which substantially all lawful construction
operations or residential or commercial occupancy has ceased, and
which is in such condition that it cannot legally be occupied 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 a 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.
[Amended 3-8-2017 by Ord.
No. 2017-10]
Effective December 15, 2015, 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 from the municipality, file a registration
statement for such vacant property with the Township Clerk on forms
provided by the Township for such purposes. Any failure to provide
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 proceeding on
behalf of such owner or owners in connection with the enforcement
of any applicable code.
C. The registration statement shall include the name, street address,
telephone number, and email address (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.
D. The registration shall remain valid for a six-month time period from the date of registration. The owner shall be required to renew the registration semi-annually every six months as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in §
220-23 of this chapter for each vacant property registered.
[Amended 3-8-2017 by Ord.
No. 2017-10]
E. The semi-annual renewal shall be completed every six months.
[Amended 3-8-2017 by Ord.
No. 2017-10]
F. The owner shall notify the Township Clerk within 30 calendar days
of any change in the registration information by filing an amended
registration statement on a form provided by the Township Clerk for
such purpose.
G. 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 against the owner or
owners of the building.
H. Any owner of vacant property who plans to restore the property to
productive use and occupancy during the twelve-month period following
the date of the initial registration of the property shall file a
detailed statement and shall be exempt from payment of the registration
fee, but shall comply with all other provisions of this article. In
the event that the property has not been restored to productive use
and occupancy at the end of the twelve-month period, the owner shall
be liable for any fee waived. The municipal officer may extend the
waiver of the registration fee for not more than one additional year
in response to a written request by the property owner where the municipal
officer finds that compelling conditions outside the owner's control
made it impossible for the owner to restore the property within the
initial twelve-month period.
I. Where the owner is an entity experienced in rehabilitation or redevelopment
of vacant properties, and where the property subject to this article
is being held for a project of rehabilitation or redevelopment consistent
with municipal plans and ordinances, and where by virtue of financing,
market or other conditions that project may require more than one
year for realization, the municipal officer may extend the waiver
of the registration fee on an annual basis without limitation upon
written request by the owner as long as the municipal officer finds
that the owner is making reasonable progress toward completion of
the project. The owner shall provide the municipal officer with such
documentation, which may include plans, financing applications, applications
for land use approval or other evidence of progress.
The owner of any vacant property registered under this article
shall provide access to the Township 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 between 9:00 a.m. and 4:00 p.m. or at such other time as may
be mutually agreed upon between the owner and the Township.
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 of the inception
of any vacancy:
A. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township 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 (if designated pursuant to §
220-20B of this article), 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 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 grass 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
or demolished, or until repair and/or rehabilitation of the building
is complete.
F. The owner of any vacant property shall acquire or otherwise maintain
liability insurance in an amount of not less than $100,000 for buildings
designed primarily for one- to four-unit residential use and not less
than $500,000 for any other buildings, including, but not limited
to, buildings designed for multifamily, manufacturing, storage or
commercial uses, covering any damage to any person or any property
caused by any physical condition of or in the building. Any insurance
policy acquired or renewed after the building has become vacant shall
provide for written notice to the municipal officer within 30 days
of any lapse, cancellation or change in coverage. 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 valid.