[HISTORY: Adopted by the Township Council of the Township
of Byram 7-5-2016 by Ord. No. 23-2016. Amendments noted where applicable.]
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., shall mean the following:
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 Zoning Officer that:
The property is in need of rehabilitation in the reasonable
judgment of the Zoning Officer, and no rehabilitation has taken place
during that six-month period;
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 Zoning Officer pursuant to this
section;
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 as of the date of a determination by the
Zoning Officer pursuant to this section; or
The property has been determined to be a nuisance by the Zoning
Officer 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 Zoning Officer and the property meets the criteria of either Subsection A(1) or Subsection A(4) of this definition.
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; a risk to the health, safety or welfare
of the public, or any adjoining or adjacent property owners, exists
due to acts of vandalism, loitering, criminal conduct, or the physical
destruction or deterioration of the property; 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 chapter.
Includes 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 Township
of Byram to have authority to act with respect to the 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 Township 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.
A.
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
Township of Byram Clerk on forms provided by the Clerk for such purposes,
as well as any additional information that the Clerk may reasonably
request. 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 for each
vacant property registered.
B.
Any owner of any building that meets the definition of vacant property prior to the date of adoption of this chapter shall file a registration statement for that property within 60 days of adoption. The registration statement shall include the information required under § 185-3 of this article, as well as any additional information that the Township may reasonably require.
C.
The owner shall notify the Clerk within 30 days of any change in
the registration information by filing an amended registration statement
on a form provided by the Clerk for such purpose.
D.
The registration statement shall be deemed prima facie proof of the
information therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township of Byram against the
owner or owners of the property.
A.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide the Township
of Byram Zoning Officer with access to the property 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 inspection shall be performed by the Construction Official or
his/her designee. The fee for such inspection shall be $75.
B.
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.
C.
An owner who is a natural person and who meets the requirements of
this chapter as to availability of a contact number on a twenty-four-hour
emergency basis may designate himself or herself as agent.
D.
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 purpose of this section until the owner notifies the Township
of Byram 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 chapter.
Registration fees for each building shall be $250. The initial
registration fee shall be prorated according to the month of registration,
and renewal of a registration fee shall be credited when a property
becomes legally occupied during a renewal period.
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Vacant and Abandoned Property Registration Fee Schedule
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|---|---|
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Registration
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Fee
|
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Initial registration
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$250
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First renewal
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$250
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Any subsequent renewal
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$250
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A.
The owner of any building that has become vacant or 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 § 185-3), 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, to the extent possible, from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches.
B.
Basic equipment and facilities. Every unoccupied or vacant residential
or nonresidential property must comply with the following minimum
standards for basic equipment and facilities:
(1)
Plumbing. All plumbing fixtures shall be properly installed and be
in sound condition and good repair. The property shall be winterized,
by the cessation of water service to the property and the draining
of water lines.
(2)
Electricity. Every existing outlet and fixture shall be properly
connected. Wiring and service lines shall be maintained in good and
safe working condition.
(3)
Heating plant. The heating plant shall be maintained in a safe condition.
(4)
Cooking equipment. All cooking equipment shall be maintained in a
safe condition.
(5)
Electrical and gas utility services shall be discontinued until the
property is again legally occupied or demolished, or until repair
or rehabilitation of the property is complete.
C.
Storage and boarding up of building.
(1)
No room within any vacant or unoccupied property shall be used for
storage of junk, rubbish or wastes, furniture or building materials
not intended to be used in the existing property.
(2)
The boarding up of doors and windows shall not be permitted except
with the permission of the Zoning Officer or construction official
in emergency situations. When doors and windows are boarded up, they
shall be covered with no less than one-half-inch exterior plywood
or equivalent.
(3)
Buildings on vacant properties shall be secured against unauthorized
entry until the building is again legally occupied or demolished,
or until repair or rehabilitation of the property is complete.
D.
Safe and sanitary maintenance. All unoccupied or vacant properties
shall comply with the following minimum standards for safe and sanitary
maintenance:
(1)
Every foundation, exterior wall or exterior roof shall be weathertight,
watertight and rodent-proof, shall be kept in sound condition and
good repair and shall be safe to use and capable of supporting the
load which normal use may cause to be placed thereon.
(2)
Every floor, interior wall and ceiling shall be substantially rodent-proof,
shall be kept in sound condition and good repair and shall be safe
to use and capable of supporting the load which normal use may cause
to be placed thereon.
(3)
Every window, exterior door and basement or cellar door and hatchway
shall be weathertight, watertight, rodent-proof and locked and shall
be kept in sound condition and good repair.
(4)
Every inside and outside stair, porch and any appurtenance thereto
shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon and shall be kept in sound condition
and good repair.
(5)
Every yard shall be properly graded so as to prevent the accumulation
of stagnant water.
(6)
There shall be a controlled method of disposing of water from roofs
by use of gutters and downspouts, which shall be installed and maintained
in sound condition, free of leaks and obstructions.
(7)
Every dwelling's cellar, basement and crawl space shall be maintained
free from excessive dampness and leakage.
(8)
The exterior of every structure or accessory structure shall be maintained
free of broken windows, loose shingles, crumbling stone or brick or
excess peeling paint.
(9)
The exterior of the premises and the condition of accessory structures
shall be maintained so that the appearance of the premises and all
buildings thereof shall reflect a level of maintenance in keeping
with the standards of the neighborhood and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
E.
Further responsibilities of owners. All owners of unoccupied or vacant
buildings shall be required to comply with the following standards:
(1)
Any yard area (front, side and rear) adjacent to an unoccupied or
vacant building shall be cleared and maintained free of trash, solid
debris or any other materials that cause litter to accumulate to unhealthy
and blighting proportions.
(2)
Grass and weeds shall not be permitted to grow or remain on the side,
front and/or rear yards of any unoccupied or vacant building so as
to exceed a height of 10 inches.
(3)
Unoccupied or vacant buildings shall not be utilized for storage
of any hazardous materials, whether solid or liquid, including the
yard portion of that building.
(4)
When a vacant dwelling is found to be infested with rats, termites,
roaches and/or any other insects and vermin, the owner shall undertake
an expedient means of extermination of such nuisances.
(5)
All doors and/or lids on appliances, on furniture utilized for storage
or on heating furnaces shall be locked in order to deny entry to an
individual where the potential for physical harm or death may result
should said door or lid close and prevent the individual's escape.
(6)
Provision shall be made for the cessation of the delivery of mail,
newspapers and circulars to the property.
F.
The standards and requirements of this section shall apply as long
as any dwelling remains vacant or unoccupied. Upon occupancy, the
other appropriate sections of this chapter shall prevail.
A.
Any owner who is not in full compliance with this article or who
otherwise violates any provision of this chapter or of the rules and
regulations issued hereunder shall be subject to a fine of 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 chapter, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 185-3, or such other matters as may be established by the rules and regulations of the Mayor and Council of the Township of Byram shall be deemed to be a violation of this chapter.
Nothing in this chapter is intended to nor shall be read to
conflict or prevent the Township of Byram from taking action against
buildings found to be unfit for human habitation or unsafe structures
as provided in applicable provisions of the Township Code 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.
The intent of this article is to provide standards to maintain
safe and sanitary conditions for vacant properties pending foreclosure,
and to provide for responsibility on the part of foreclosing creditors
for the care, maintenance, security and upkeep of residential properties.
A.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on property located within the Township of Byram shall
serve the Township Clerk with a notice indicating that a summons and
complaint in an action to foreclose on a mortgage has been filed against
the subject property. The notice may contain information about more
than one property and shall be provided by mail or electronic communication
at the discretion of the Township Clerk.
B.
The notice shall be served within 10 days of service of a summons
and complaint in an action to foreclose on a mortgage against the
subject property.
C.
Within 60 days of adoption, any creditor that has initiated a foreclosure
proceeding on any residential property which is pending in Superior
Court shall provide to the Township Clerk with a notice as described
below for all residential properties in the Township for which the
creditor has pending foreclosure actions.
D.
The notice shall contain:
(1)
The name and contact information for the representative of the creditor
who is responsible for receiving complaints of property maintenance
and code violations;
(2)
Whether the property being foreclosed on is an affordable unit pursuant
to the Fair Housing Act;
(3)
The street address, lot and block number of the property; and
(4)
The full name and contact information of an individual located within
the state authorized to accept service on behalf of the creditor.
(5)
In the event the creditor that has served a summons and complaint
in an action to foreclose on a residential property is located out-of-state,
the notice shall also contain the full name and contact information
of an in-state representative or agent who shall be responsible for
the care, maintenance, security, and upkeep of the exterior of the
property if it becomes vacant and abandoned.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s and N.J.S.A.
46:10B-51, a creditor filing a summons and complaint to foreclose
a lien on a residential property that is vacant and abandoned, whether
the filing of the summons and complaint is made before or after the
determination that the property is vacant and abandoned, shall be
responsible for the care, maintenance, security, and upkeep of the
exterior of the residential property. This obligation applies whether
the determination that the property is vacant and abandoned is made
by a Zoning Officer pursuant to the provisions of this chapter or
other applicable law.
A.
The appropriate local Zoning Officer shall notify the creditor if:
(1)
The owner of a property vacates or abandons any property on which
a foreclosure proceeding has been initiated or if a property is otherwise
vacated subsequent to the filing of the summons and complaint, but
prior to the vesting of title in any third party; and
(2)
The property is found to be a nuisance or in violation of any applicable
state or local code.
B.
The creditor shall have the responsibility to abate the nuisance
or correct the violation in the same manner and to the same extent
as the title owner of the property, to such standard or specification
as may be required by state law or by ordinance.
In the event of a violation of state law or a local ordinance,
the Township shall serve the creditor with a notice that shall include
a description of the condition(s) that gave rise to the violation
and the state law or local ordinance that has been violated, and shall
provide a period of not less than 30 days from the creditor's
receipt of the notice for the creditor to remedy the violation, provided
that in the event that the violation presents an imminent threat to
public health and safety, the notice may, in the discretion of the
Township, provide that the violation shall be remedied within 10 days
of the creditor's receipt of the notice.
If the Township expends public funds in order to abate a nuisance or correct a violation at a property in which the creditor was given notice pursuant to the provisions of § 185-13, but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have had against the title owner of the property, including but not limited to the recourse provided at N.J.S.A. 55:19-100.
A.
An out-of-state creditor subject to this article found by the municipal court, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to this article shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Paragraph (1) of Subsection a. of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) and § 185-11 of this chapter for providing notice to the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
B.
A creditor subject to this article found by the municipal court,
or by any other court of competent jurisdiction, to be in violation
of the requirement to correct a care, maintenance, security, or upkeep
violation cited in a notice issued pursuant to this article shall
be subject to a fine of $1,500 for each day of the violation. Any
fines imposed pursuant to this subsection shall commence 31 days following
receipt of the notice, except if the violation presents an imminent
risk to public health and safety, in which case any fines shall commence
11 days following receipt of the notice.
