[Adopted 5-9-2016 by Ord.
No. 2016-05]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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 § 268-25.
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).
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.
40:48-2.13, the Township shall have the power to remove or cause to
be removed from the vacant or abandoned property grass, weeds, dirt,
refuse and other nuisances or impediments within 10 days after receipt
by such owner, tenant or occupant of written notice to remove the
same. The notice shall also state that in the event of the removal
by or under the direction of the Zoning Officer, 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 Zoning Officer 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 lands abutting or bordering as
aforesaid. In the event that such cost is excessive, the Township
Committee shall cause the reasonable cost thereof to be charged against
said lands. The amount so charged shall thereupon become a lien and
tax upon said lands 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.
C.
In the event that the removal of items from a vacant or abandoned
property under this article requires the expenditure of money by the
Township, no money shall be expended by the municipality pursuant
to N.J.S.A. 40:48-2.17 except upon the presentation of a duly sworn
claim approved by resolution of the governing body of the municipality.
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.
