OWNER
The title holder, any agent of the title holder having authority
to act with respect to a vacant property, any party holding a subordinate
interest in the title holder of any property, any foreclosing entity
subject to the provisions of N.J.S.A. 46:10B-51 or any other entity
determined by any Court of competent jurisdiction or by the Borough
of Kinnelon to have authority to act or to have any demonstrable interest
with respect to the property.
VACANT PROPERTY
Any building used or to be used as a residential, commercial or industrial structure which is not legally occupied or at which substantially all lawful construction operations or occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation provided, however, that any property that contains all building systems in working order, is fully compliant with the Borough's property maintenance code and is being actively marketed by its owner for sale or rent shall not be deemed vacant for the purposes of this chapter. Property determined to be abandoned property in accordance with the meaning of such term as set forth in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., and as set forth in Chapter
142, Rehabilitation of Abandoned Property, of the Code of the Borough of Kinnelon, shall also be deemed vacant property for the purposes of this chapter.
The owner of any building that has become a vacant property,
and any person maintaining, operating, or collecting rent for any
such building that has become vacant shall, within 30 days thereof:
A. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Code of the Borough of Kinnelon;
and
B. Post a sign affixed to 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 §
143-3 of this chapter), and the person responsible for 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 by 10 inches; and
C. Post the property with "No Trespassing" signs or signs of a sufficient
nature to give notice to any person entering the property that it
is against the law to enter the property without the permission of
the owner; and
D. Secure the building from unauthorized entry and maintain all signs
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
E. Ensure that the exterior grounds of the property, including yards,
fences, sidewalks, walkways, right-of-ways, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from trash, debris, loose litter and weed and weed growth;
and
F. Continue to maintain the structure in a secure and closed condition
until the building is again occupied, demolished, or until repair
and/or rehabilitation of the building is complete.
The Borough Zoning Officer may issue rules and regulations for
the administration of the provisions of this chapter. The governing
body of the Borough of Kinnelon shall be notified in the event that
any rules and regulations for the administration of the provisions
of this article are adopted or amended.
Nothing in this chapter is intended to nor shall be read to
conflict or prevent the Borough 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 Kinnelon 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 chapter.