[Adopted 5-9-2016 by Ord. No. 2016-05]
[1]
Editor's Note: The title of this article was amended 11-12-2024 by Ord. No. 2024-15.
As used in this article, the following terms shall have the meanings indicated:
OPERATOR
Any person, persons or entity who is not the owner, who has charge, care and control of a premises or part thereof, with or without the knowledge, consent or authority of the owner. "Operator" shall also include a creditor, as defined in P.L. 2014, c. 5, that has served a notice of intention to foreclose on a mortgage on a residential property pursuant to P.L. 19101, c. 244, and that property has become vacant after the filing of this intention to foreclose.
OWNER
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, as amended by P.L. 2009, c. 296), or any other entity determined by the Township of Delaware to have authority to act with respect to the property.
VACANT PROPERTY
Includes 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, including but not limited to any property meeting the definition of "abandoned property" in N.J.S.A. 55:19-80 or § 268-5; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order, or where the building is in habitable condition, and where the building is being actively marketed by its owners for sale or rental, shall not be deemed a vacant property for purposes of this article.
A. 
The owner and/or operator of any vacant property shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of the vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Township Clerk on forms provided by the Township for such purposes. Failure to receive notice by the Township shall not constitute grounds for failure to register the property.
B. 
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
C. 
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 and/or operator or owner and/or operators 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 owners and/or operators 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.
D. 
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 and/or operator shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in § 268-22 of this article, for each vacant property registered.
E. 
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.
F. 
The owner and/or operator shall notify the Township Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Township Clerk for such purpose.
G. 
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 Township against the owners and/or operators of the building.
The owner and/or operator of any vacant property registered under this article shall provide access to the Township to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner and/or operator or the designated agent. Such inspections shall be carried out on weekdays during the hours of 8:00 a.m. and 4:00 p.m., or such other time as may be mutually agreed upon between the owner and/or operator and the Township.
A. 
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 him or herself as agent or as the individual responsible for maintaining the property.
B. 
By designating an authorized agent under the provisions of this article, 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 article shall be deemed to consent to the continuation of the agent's designation for the purposes of this article until the owner notifies the Township 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 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 Township of Delaware 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.
[Amended 11-12-2024 by Ord. No. 2024-15]
A. 
The initial registration fee for each building shall be $500.
B. 
The fee for the first renewal is $1,500.
C. 
The fee for a second renewal is $3,000.
D. 
The fee for any subsequent renewal beyond the second renewal is $5,000.
E. 
The fee for registration of a property in foreclosure shall be as set forth in N.J.S.A. 40:48-2.12s3e.
[Amended 11-12-2024 by Ord. No. 2024-15]
A. 
The owner and/or operator of any building that has become vacant, property, 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 against unauthorized entry as provided in the applicable provisions of the Township Code or as set forth in the rules and regulations supplementing those codes;
(2) 
Post a sign affixed to the building indicating the name, address and telephone number of the owner and/or operator, the owner and/or operator's authorized agent for the purpose of service of process (if designated pursuant to § 268-19 above), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner and/or operator 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;
(3) 
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete;
(4) 
Ensure that the exterior grounds of the structure, including front, side, and rear 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 in particular, grass and weed growth shall not exceed eight inches, except that this requirement shall not apply to farmland assessed properties or areas of natural growth that are not ordinarily maintained, such as: conservation easements, areas containing wetlands, or marshes or densely wooded areas; 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 is demolished or until repaid and/or rehabilitation of the building is complete.
B. 
Whenever the Zoning Officer determines that there is or has been a violation of any provision of this section, he or she shall give notice of such violation to the owner of the subject property. Such notice shall be in writing and shall include a concise statement of the reason for issuance. Such notice shall be deemed properly and sufficiently served if sent by registered or certified mail to the last known address of the person, persons or entity upon which the same is served, as shown by the current tax records of the Township of Delaware or, in the case of a property subject to foreclosure for which the Township has received notice pursuant to P.L. 2009, c. 296 (N.J.S.A. 46:10B-51), the creditor or the registered agent for any creditor and/or title holder. Copies of notices may also be posted by the Zoning Officer on the front door of a property where a violation is identified. The notice shall state that unless the violation is abated, removed or cured within 10 days of the date of issuance, a summons may be issued for such violation or the Township may cure the violation at cost to the owner, operator, agent, or creditor responsible for the property. The Zoning Officer may, at the time the notice is issued, extend the time period for compliance stated in the notice for a period of seven calendar days if the cessation of, or cure of the condition violated, cannot reasonably be accomplished within the ten-day period under the this article.
C. 
If the owner of a residential property vacates, or abandons any property on which a foreclosure proceeding has been initiated, or if a residential property becomes vacant at any point subsequent to the operator's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the operator or any other third party, and the property is found to be a nuisance and/or in violation of any of the provisions of this article, the Zoning Officer shall notify the operator, which shall have the responsibility to abate the nuisance and/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 this article. The Township shall include a description of the conditions that gave rise to the violation with the notice of violation, and shall provide a period of not less than 30 days from the operator's receipt of the notice for the operator to remedy the violation. If the operator fails to remedy the violation within that time period, the Township may impose penalties allowed for such violations pursuant to N.J.S.A. 40:48-2.12s.
A. 
A creditor, defined as a federal- or state-chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the New Jersey Licensed Lenders Act, P.L.1996, c.157 (N.J.S.A. 17:11C-1 et seq.), and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers, who files a summons and complaint in an action to foreclose, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property subject to the foreclosure subject to the requirements in § 268-24, and if located out of state, shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.
B. 
The Zoning Officer, or any other local official designated by the Township Committee for administration of any property maintenance or public nuisance code, may issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or other authorized municipal official determines that the creditor has violated any provision of this article by failing to provide for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property subject to the foreclosure.
(1) 
Such notice shall include a description of the conditions that gave rise to the violation with the notice of violation 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, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety.
(2) 
A creditor subject to this article who is found to be in violation of this article by the Delaware Township Municipal Court, or by any other court of competent jurisdiction, of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to the 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.
C. 
Any creditor whose principal place of business is located outside of the State of New Jersey who has served a summons and complaint in an action to foreclose on a residential property, shall provide to the Township Clerk the full name and contact information of its in-state representative or agent, within the ten-day period as required by N.J.S.A. 46:10B-51, which contains 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/or abandoned.
(1) 
Any out-of-state creditor subject to the provisions of this article who is found by the Delaware Township Municipal Court, or by any other court of competent jurisdiction, in violation of the requirement of this article 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.
(2) 
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 as required by N.J.S.A. 46:10B-51 et seq. for providing notice to the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
D. 
The issuance of a notice pursuant to this article shall constitute proof that the property is "vacant and abandoned" for the purposes of P.L. 2012, c.70 (N.J.S.A. 2A:50-73).
[Amended 11-12-2024 by Ord. No. 2024-15]
A. 
Upon notice under this article to the owner, operator, agent, or creditor of a violation under this article, and pursuant to N.J.S.A. 40:48-2, the Township shall have the power to remove or cause to be removed from the property any growth or other nuisances or impediments to sight distances and clear sight triangles that pose a health or safety risk to pedestrians or travelers along roadways within 10 days after receipt by such owner, tenant or occupant of written notice to remediate the same. The notice shall also state that in the event of the removal by or under the direction of the Director of Public Works, the cost of such removal shall forthwith become a lien upon said lands and shall be added to and become a part of the taxes next to be assessed and levied upon the same, to bear interest at the same rate and to be collected as in the case of such taxes.
B. 
The Director of Public Works shall certify to the Township Committee the cost of said removal. The Township Committee shall examine such certificate of cost and, if it finds said certificate to be correct, shall cause such cost to be charged against the property as aforesaid. In the event that such cost is excessive, the Township Committee shall cause the reasonable cost thereof to be charged against said property. The amount so charged shall thereupon become a lien and tax upon said property and be added to and be a part of the taxes next to be assessed and levied thereon, and enforced and collected with interest at the same rate as other taxes by the same officers and in the same manner as other taxes.
A. 
Except as otherwise provided in § 268-24 above, any owner, operator or occupant who or which shall violate any of the provisions of this article shall, upon conviction in the Delaware Township Municipal Court or any such other court having jurisdiction, be sentenced to a fine not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both. Each day that a violation occurs shall be deemed a separate offense and subject to the penalty provisions of this article.
B. 
For purposes of this article, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the Township, 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 article.