[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as indicated in article histories. Amendments noted where
applicable]
[Adopted 4-26-2017 by Ord. No. 2017-11[1]]
[1]
Editor's Note: This article repealed former Ch. 508,
Property, Vacant and Abandoned, adopted 11-5-2014 by Ord. No. 2014-19.
As used in this article, 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 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 Construction Official that:
The property is in need of rehabilitation in the reasonable
judgment of the Construction Official, 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 Construction Official pursuant
to this article;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with N.J.S.A. 54:4-1 et
seq. as of the date of a determination by the Construction Official
pursuant to this article; or
The property has been determined to be a nuisance by the Construction
Official in accordance with N.J.S.A. 55:19-82.
A property which contains both residential and nonresidential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq. so long as two-thirds 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 Construction Official and the property meets the criteria of either Subsection A(1) or (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; 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 article.
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 of N.J.S.A. 46:10B-51, or any other
entity determined by the Borough 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 Borough 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 Borough on forms provided by the Borough for such purposes. The registration shall remain valid until the end of the calendar year. For initial registrations filed after April 1, the initial registration fee prescribed in § 508-4 of this article shall be prorated per month (fee divided by 12 months) through December 31 of the year in which the initial registration is filed. 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 in the amount prescribed in § 508-4 of this article for each vacant property registered.
B.
Any owner of any building that meets the definition of "vacant property" prior to adoption date shall file a registration statement for that property on or before adoption date plus 60 days. The registration statement shall include the information required under § 508-3 of this article, as well as any additional information that the Construction Official may reasonably require.
C.
The owner shall notify the Borough within 30 days of any change in
the registration information by filing an amended registration statement
on a form provided by the Borough for such purpose.
D.
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
owners of the building.
A.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Borough Construction Official 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, then the fee for such
inspection shall be the same as that for a continued certificate of
occupancy inspection as provided in the applicable provisions of the
Code of the Borough.
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 article 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 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 purpose of this article until the owner notifies the Borough
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 article.
A.
For each single-family property, the initial registration fee shall
be $75. The fee for the first renewal registration of a single-family
property shall be $150. The fee for the second, third, and fourth
renewal registrations of a single-family property shall be $300. The
fee for the fifth renewal registration and any subsequent renewal
registration of a single-family property beyond the fifth renewal
registration shall be $600.
B.
For all properties other than single-family properties, the initial
registration fee for each property shall be $500. The fee for the
first renewal shall be $1,000, and the fee for the second renewal
shall be $2,000. The fee for any subsequent renewal beyond the second
renewal shall be $5,000.
|
Vacant Property Registration Fee Schedule
| ||
|---|---|---|
|
Single-Family Properties
| ||
|
Initial registration
|
$75
| |
|
First renewal
|
$150
| |
|
Second renewal
|
$300
| |
|
Third renewal
|
$300
| |
|
Fourth renewal
|
$300
| |
|
Subsequent renewals
|
$600
| |
|
All Other Properties
| ||
|
Initial registration
|
$500
| |
|
First renewal
|
$1,000
| |
|
Second renewal
|
$2,000
| |
|
Subsequent renewals
|
$5,000
| |
The owner of any building that has become vacant property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, immediately:
A.
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 § 508-3 of this article), 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 15 inches by 17 inches;
B.
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Borough and maintain the sign required in Subsection A above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete;
C.
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Borough;
D.
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Borough for the delivery of
circulars and advertisements to the property;
E.
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of waterlines; other
than buildings with a fire sprinkler system;
F.
Make provision for the cessation of electric or gas utility services
to the property; other than buildings with a fire sprinkler system;
and
G.
Make provision for the regular maintenance of the exterior of the
property.
A.
The Borough may issue rules and regulations for the administration
of the provisions of this article as it deems necessary.
B.
Upon application by an owner submitted to the Borough Clerk, the governing body of the Borough may, at its sole discretion, waive any and all fees set forth in § 508-4 hereof in cases of hardship based upon the particular circumstances of the vacant property and/or the financial circumstances of the owner.
A.
Any owner who is not in full compliance with this article or who
otherwise violates any provision of this article or of the rules and
regulations issued hereunder shall be in addition to the payment of
the prescribed licensing fee subject to a fine of not less than $200
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this article shall be recoverable from the owner and
shall be a lien on the property and all such legal fees associated
with any reasonable cost recoverable from the owner as well.
B.
For purposes of this article, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 508-2 through and including § 508-5 of this article, or such other matters as may be established by the rules and regulations of the Borough shall be deemed to be violations of this article.
C.
Nothing in this article is intended to nor shall be read to conflict
or prevent the Borough from taking action against owners of building
or structures found to be unfit for human habitation or are unsafe
structures as provided in applicable provisions of the Borough Code,
including but not limited to provisions of the State or Borough Building
or Property Maintenance Codes.[1] 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.
D.
This article shall take effect immediately upon final passage and
publication and in accordance with the laws of the State of New Jersey.
