Article III: Maintenance of Vacant/Abandoned Properties

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

Includes the titleholder, any agent of the titleholder having authority to act with respect to a vacant property, or any other entity determined by the Borough of Laurel Springs to have authority to act with respect to the property with the exception of a creditor foreclosing on a residential property.

[Amended 11-10-2014 by Ord. No. 778-2014]

UNOCCUPIED PROPERTY

Any unoccupied property where the building is habitable, all building systems are in working order, where the building and grounds are maintained in good order, including such unoccupied property where the building is in habitable condition and where the building is being actively marketed by its owner for sale or rental.

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 and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, or where the building and/or grounds are not maintained in accordance with applicable Borough Code and ordinances, including but not limited to any property meeting the definition of "abandoned property" as that term is defined in the Abandoned Properties Rehabilitation Act, in N.J.S.A. 55:19-78 et seq.

§ 193-25 Registration.

Effective December 1, 2013, the owner of any currently unoccupied property or vacant property, as defined herein, or within 30 calendar days after the building becomes unoccupied or vacant, or within 30 days after assuming ownership of the unoccupied property or vacant property, shall file a registration statement for such unoccupied or vacant property with the Property Maintenance the Inspector on forms provided by the Borough of Laurel Springs for such purposes. Failure of the owner to receive notice from the municipality shall not constitute grounds for failing to register the property.

Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.

The registration statement shall include the name, street address, telephone number, and e-mail address (if applicable) of the owner(s) and, 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, and the name, street address, telephone number, and e-mail address (if applicable) of the firm and the actual names(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-week basis. The two entities may be the same or different persons. At least one of the entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.

The registration shall remain valid for one year from the date of registration, except for the initial registration time, which shall be prorated through December 31. The owner shall be required to renew the registration annually as long as the building remains an unoccupied or a vacant property and shall pay a registration or renewal fee in the amount prescribed in § 193-26 of this article, for each vacant property registered.

The annual renewal shall be completed by January 1 each year. The initial registration fee shall be prorated for registration statements received less than 10 months prior to that date.

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

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 of Laurel Springs against the owner or owners of the building.

§ 193-25.1 Access to vacant properties.

The owner of any vacant property registered under this article shall provide access to the Borough of Laurel Springs 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 of 9:00 a.m. and 4:00 p.m. or such other time as may be mutually agreed upon between the owner and the Borough of Laurel Springs.

An owner who meets the requirements of this article with respect to the location of his or her residence or workplace in the State of New Jersey may designate himself or herself as agent or as the individual responsible for maintaining the property.

By designating an authorized agent under the provisions of this section, 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 section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Borough of Laurel Springs in writing of a change of authorized agent or until the owner files a new annual registration statement.

Any owner who fails to register vacant property under the provisions of this article shall further be deemed to consent to receive, by posting on the building, in plain view, and by service of notice at the last known address of the owner of the property on record within the Borough of Laurel Springs by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.

§ 193-26 Fee schedule.

The registration fee schedule is as follows:

(1)

Unoccupied property: no fee.

(2)

Vacant property registration fee schedule.

(a)

Initial registration: $500.

(b)

First renewal: $1,500.

(c)

Second renewal: $3,000.

(d)

Subsequent renewals: $5,000.

Failure to file a registration form or pay any required fee shall be deemed a violation.

§ 193-27 Fund for excess fees.

Any funds collected as vacant property registration fees in excess of the funds necessary to operate and enforce the provisions of this chapter shall be set aside in a dedicated fund for the purpose of property rehabilitation within the Borough of Laurel Springs at the discretion of the governing body.

§ 193-28 Requirements of owners of unoccupied or vacant property.

The owner of any building that has become unoccupied or vacant property, and any person maintaining or operating or collecting rent from any such building that has become vacant, with the exception of a creditor foreclosing on a residential property, shall within 30 days thereof:

Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Borough of Laurel Springs Code or as set forth in the rules and regulations supplementing those codes;

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; grass must be mowed at least once every 14 days;

In the event the property owner or the owner's authorized agent fails to have the grass cut at least once every 14 days, the grass will be cut by Borough employees and a lien will be placed on the property for the cost of labor and materials; and

Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, until the building is again occupied or demolished or until repair and/or rehabilitation of the building is complete.

§ 193-29 Violations and penalties.

Any person who violates any provision of this article or of the rules and regulations issued hereunder shall be fined not less than $100 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 chapter shall be recoverable from the owner and shall be a lien on the property.

For purposes of this section, failure to file a registration statement within 30 calendar days after the effective date hereof, or 30 days of the date a building becomes unoccupied or vacant property, or within 30 calendar days after assuming ownership of a vacant property, whichever may be applicable, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions contained herein shall be deemed to be violations of this article.