As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq.:
A.
Except as provided in Section 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 upon a determination
by the Construction Official that:
(1)
The property is in need of rehabilitation in the reasonable
judgment of the Construction Official, and no rehabilitation has taken
place during that six-month period;
(2)
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 Construction Official pursuant
to this article;
(3)
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 (see N.J.S.A. 54:4-1 et seq.) as of the
date of a determination by the Construction Official pursuant to this
article; or
(4)
The property has been determined to be a nuisance by the Construction
Official in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
B.
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 space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the Construction Official and the property meets the criteria of either Subsection
A(1) or
(4) of this definition.
ACTIVELY MARKETED VACANT PROPERTIES
Owners of properties meeting the definition of "vacant property"
that are being actively marketed for sale in a bona fide manner shall
file a registration statement with the Borough in accordance with
the terms and conditions of this chapter, but shall be exempt from
the payment of a registration fee. The owner of any such property
in order to be exempt from the payment of a registration fee shall
provide adequate proof to the Borough of the bona fide active marketing
of the property for sale by providing such evidence of such bona fide
active marketing activities as shall be reasonably required by the
Borough, including but not limited to, copies of listing agreements
and/or pending contracts of sale or other advertising or marketing
efforts being made by the property owner directly to promote the sale
of the property. Although exempt from the payment of any registration
fee, in all other respects, the property owner of any vacant property
that is being actively marketed for sale in a bona fide manner shall
be required to maintain the property while it is being actively marketed
in a bona fide manner in accordance with this chapter and all other
ordinances of the Borough of Stanhope.
[Added 10-27-2015 by Ord.
No. 2015-16]
EVIDENCE OF VACANCY
A.
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.
B.
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 article.
OWNER
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, § 17), or any other entity determined by the Borough
of Stanhope to act with respect to the property. The term "owner"
shall not include any duly licensed real estate agent engaged solely
in the sale of the property on behalf of the owner.
[Amended 8-25-2015 by Ord. No. 2015-15]
PROPERTIES UNDER REPAIR OR RENOVATION
Owners of properties meeting the definition of "vacant property"
that are in the process of being repaired or renovated shall file
a registration statement with the Borough in accordance with the terms
and conditions of this chapter, but shall be exempt from the payment
of a registration fee. The owner of any such property in order to
be exempt from the payment of a registration fee shall have obtained
all necessary permits and approvals from the Borough to repair or
renovate the property and shall demonstrate proof to the Borough of
diligent continuous efforts by the owner to promptly complete the
repair or renovation of any such property.
[Added 10-27-2015 by Ord.
No. 2015-16]
SEASONALLY OCCUPIED PROPERTIES
Seasonally occupied properties shall be those properties in the Borough which are occupied on a limited, part-time or seasonal basis and not on a year-round basis by the owner. Owners of seasonably occupied residences shall be required to file a registration statement with the Borough, but shall be exempt from payment of any registration fee and the posting of a placard on the property as otherwise required by §
110-5A hereof.
[Added 10-27-2015 by Ord.
No. 2015-16]
VACANT PROPERTY
Any building used or 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 any 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. Any property that contains all
building systems in working order, is being maintained on a regular
basis, has not been cited by the Borough 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 owner of any building that has become vacant and abandoned
property, and any person maintaining, operating or collecting rent
for any such building that has become vacant, 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 (if designated pursuant to §
110-3), 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 15 inches by 17 inches; and
B. Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Borough of Stanhope and maintain the sign required in Subsection
A above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
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 Borough of Stanhope; and
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 Borough of Stanhope for the
delivery of circulars and advertisements to the property; and
E. Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of water lines;
other than buildings with a fire sprinkler system; and
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.
The Borough of Stanhope Mayor and Council shall issue rules
and regulations for the administration of the provisions of this article.
Nothing in this article is intended to nor shall be read to
conflict or prevent the Borough of Stanhope 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 Borough of
Stanhope 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
article.
[Added 10-27-2015 by Ord.
No. 2015-16]
Any owner having received notice from the Borough that their property has been determined to be either vacant or abandoned may make a request in writing to the Borough for an exemption from any of the provisions of this chapter by demonstrating to the Borough such special circumstances peculiar to the property that warrants either a temporary or permanent exemption from any of the provisions of this chapter. In the event of a denial of any such exemption request, the owner shall have the right to file an appeal in accordance with the provisions of §
110-8.2 hereof.
[Added 10-27-2015 by Ord.
No. 2015-16]
Any owner having received notice from the Borough that their
property has been determined to be either vacant or abandoned shall
have the right to appeal any such determination by any Borough official
directly to the governing body of the Borough of Stanhope. Any such
appeal shall be taken within 45 days of the date of the receipt of
notice from the Borough of such vacant or abandoned property determination.
The appeal shall be in writing and served on the Borough Clerk with
a copy to the Borough Zoning Officer. Upon the filing of the appeal,
all proceedings against the property shall be stayed pending the appeal
process. The governing body shall schedule a hearing on the appeal
as soon as practical at a regularly scheduled meeting of the Mayor
and Council, at which time the property owner shall have the right
to present relevant evidence to the Borough Council that the property
is neither vacant or abandoned. Any such property owner shall have
the right to be represented at any such hearing and shall have the
right to call witnesses and present other relevant proof. The Mayor
shall preside all such hearings, which shall to the extent applicable,
be in accordance with the provisions of N.J.S.A. 40:55D-10.