[HISTORY: Adopted by the Mayor and Council of the Borough
of Metuchen 9-8-2015 by Ord. No.
2015-10. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
An owner who meets the requirements of this chapter 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.
B.
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 or storefront and all process
in any court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered property 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 Metuchen in writing of a change of authorized agent
or until the owner files a new annual registration statement.
C.
Any owner who fails to register a vacant property or vacant storefront
under the provisions of this chapter 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 Metuchen 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.
A.
The initial registration fee for each building or portion thereof
shall be $500. The fee for the first renewal is $1,500, and the fee
for the second renewal is $3,000. The fee for any subsequent renewal
beyond the second renewal is $5,000. In the event that a property
meets the definition of both a "vacant property" and "vacant storefront,"
and it contains the same block and lot number as designated in official
records of the municipality, there shall only be one registration
fee applied.
A.
The owner of any building or storefront that has become vacant and
any person maintaining or operating or collecting rent for any such
building that has become vacant shall, within 30 days thereof:
(1)
Enclose and secure the building and/or storefront against unauthorized
entry as provided in the applicable provisions of the Borough Code,
or as set forth in the rules and regulations supplementing those codes;
and
(2)
Post a sign affixed to the building and/or storefront 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 this chapter), 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
(3)
Secure the building and/or storefront from unauthorized entry and
maintain the sign until the building is again legally occupied or
demolished or until repair or rehabilitation of the building and/or
storefront is complete; and
(4)
Ensure that the exterior grounds of the structure or storefront,
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
(5)
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; and
B.
All areas of vacant storefronts visible to the public from the public
street or sidewalk must be maintained in broom-clean condition and
free of litter and debris.
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.
A.
Any person who violates any provision of this chapter or of the rules
and regulations issued hereunder shall be fined not less than $100
and not more than $2,000 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.
B.
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building or portion thereof becomes
vacant property or a vacant storefront or within 30 calendar days
after assuming ownership of a vacant property or storefront, whichever
is later, 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 of such provisions contained
herein shall be deemed to be violations of this chapter.
C.
The Zoning Officer of the Borough of Metuchen shall be the enforcement
agent of the within chapter. Violations of the within sections of
the Code shall be heard in Municipal Court.
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.
