Borough of Stanhope, NJ Registration of Vacant Properties

Article I Registration of Vacant Properties

As used in this chapter, the following terms shall have the meanings indicated:

As defined in accordance with the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq.:

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).

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

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.

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.

§ 110-2 General requirements.

The owner of any vacant property as defined herein shall, within 30 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 Borough of Stanhope on forms provided by the Borough of Stanhope 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 § 110-4 for each vacant property registered. The initial and renewal fees shall be prorated and/or credited accordingly upon legal occupancy.

Any owner of any building that meets the definition of "vacant property" prior to July 14, 2015, shall file a registration statement for that property on or before September 12, 2015. The registration statement shall include the information required under § 110-3, as well as any additional information that the Construction Official may reasonably require.

The owner shall notify the Borough of Stanhope within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Borough of Stanhope for such purpose.

The registration statement shall be deemed prima facie proof of the statement therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough of Stanhope against the owner or owners of the building.

§ 110-3 Registration statement requirements; property inspection.

After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Borough of Stanhope Construction Official if requested, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. If an inspection is required of the interior of the property due to complaints or other cause, the fee for such inspection shall be the same as that for a continued certificate of occupancy inspection as provided in the applicable provisions of the Code of the Borough of Stanhope.

The registration statement shall include the name, street address, and telephone number of a natural person 21 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. The designated agent must have a contact number that will be available 24 hours per day on an emergency basis. The statement shall also include the name of the person responsible for maintaining and securing the property, if different from the designated agent.

An owner who is a natural person and who meets the requirements of this article as to availability of a contact number on a twenty-four-hour emergency basis may designate himself or herself as agent.

By designating an authorized agent under the provisions of this article, 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 article shall be deemed to consent to the continuation of the agent's designation for the purpose of this article until the owner notifies the Borough of Stanhope of a change of the 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 article.

§ 110-4 Fee schedule.

The schedule of registration fees for each building shall be as is set forth in Subsection B hereof. The initial registration fee of $250 shall be for the period from the date of registration through December 31 of the initial registration year and shall not be refundable in the event that the property should subsequently become legally occupied during the initial registration year. After the initial registration year or any subsequent renewal year, the owner may apply, in writing, for a prorated refund of the yearly registration fee based upon the date of legal occupancy of the registered property in the event that any property shall become legally occupied.

[Amended 11-22-2016 by Ord. No. 2016-13]

The vacant and abandoned property registration fee schedule shall be as follows:

(1)

Initial registration: $250.

(2)

First renewal: $500.

(3)

Any subsequent renewal up to five years: $1,000.

(4)

After five years: $5,000.

§ 110-5 Requirements for owners of vacant and abandoned property.

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:

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

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

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

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

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

Make provision for the cessation of electric or gas utility services to the property; other than buildings with a fire sprinkler system; and

Make provision for the regular maintenance of the exterior of the property.

§ 110-6 Administration.

The Borough of Stanhope Mayor and Council shall issue rules and regulations for the administration of the provisions of this article.

§ 110-7 Violations and penalties.

Any owner who is not in full compliance with this article or who otherwise violates any provision of this article 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 article shall be recoverable from the owner and shall be a lien on the property.

For purposes of this article, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 110-5, or such other matters as may be established by the rules and regulations of the Borough of Stanhope shall be deemed to be a violation of this article.

§ 110-8 Compliance with other provisions.

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.

§ 110-8.1 Request for exemption.

[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.

§ 110-8.2 Appeals.

[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.