As used in this chapter, the following terms shall have the
meanings indicated:
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 N.J.S.A. 46:10B-51 (P.L. 2008, c.
127, § 17, as amended by P.L. 2009, c. 296), or any other
entity determined by the Borough of Metuchen to have authority to
act with respect to the property.
PROPERTY
Any portion of improved or unimproved real estate located
within the Borough of Metuchen which includes the buildings or structures
or portions thereof located on it, regardless of condition.
VACANT PROPERTY
Any building or structure which is not at present legally
occupied or at which all lawful business or construction operations
or residential or other occupancy have substantially ceased for a
period of six months, including, but not limited to, any property
meeting the definition of "vacant property" in N.J.S.A. 55:19-80 et
seq.
VACANT STOREFRONT
Any area within a building or structure that may be individually
leased or rented for any purpose other than residential use which
is not present legally occupied or at which all lawful business or
construction operations or other occupancy have substantially ceased
for a period of six months.
The owner of any vacant property or vacant storefront as defined
herein shall, within 30 calendar days after the building becomes a
vacant property or storefront or within 30 calendar days after assuming
ownership of the vacant property or vacant storefront, whichever is
later, or within 10 calendar days of receipt of notice by the municipality,
file a registration statement for such vacant property or storefront
with the Zoning Officer on forms provided by the Borough for such
purposes. Failure to receive 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,
and only one statement is required for a property that meets both
the definition of "vacant property" and "vacant storefront."
B. The registration statement shall include the name, street address,
telephone number, and e-mail 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; and the name, street address, telephone number,
and e-mail 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.
C. 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 a vacant property or a portion thereof remains a vacant storefront and shall pay a registration or renewal fee in the amount prescribed in §
139-5 of this chapter for each vacant property registered or vacant storefront. The owner shall be required to renew the registration annually as long as the building remains a vacant property or vacant storefront and shall pay a registration or renewal fee in the amount prescribed in §
139-5 of this chapter for each vacant property or vacant storefront registered.
D. 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.
E. 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.
F. 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 against the owner or
owners of the property.
The owner of any vacant property or vacant storefront registered
under this chapter shall provide access to the Borough 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. to 4:00 p.m., or such other
time as may be mutually agreed upon between the owner and the Borough.
A waiver of the registration fee set forth herein may be granted,
upon application, by the Borough Administrator for the current year
if the following conditions are met:
A. All local municipal fees are paid in full; and
B. A consistent good faith effort is shown to market, rent, sell, or
lease the vacant property or storefront. Good faith efforts include
but are not limited to contracts with a real estate licensee, newspaper,
electronic advertisements or other methods, provided that the effort
is actually likely to generate interest in the property and the owner
is actually willing to rent, sell or lease, and the pricing is consistent
with other similar properties or portions thereof as attested by a
real estate licensee as licensed by the New Jersey Real Estate Commission.
The mere placement of a "for sale" or "for rent or lease" sign on
or in the building in and of itself does not meet the requirements
of this subsection; and
C. The vacant property or storefront is in compliance with all Borough
of Metuchen codes and ordinances.
Should any section, paragraph, sentence, clause or phrase of
this chapter be declared unconstitutional or invalid for any reason,
the remaining portions of this chapter shall not be affected thereby
and shall remain in full force and effect, and to that end, the provisions
of this chapter are hereby declared to be severable.