[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 91.
Certificates of compliance — See Ch. 97.
Fees — See Ch. 131.
Fire prevention — See Ch. 135.
Land use and development — See Ch. 162.
Nuisances — See Ch. 181.
Property maintenance — See Ch. 197.
Public health nuisances — See Ch. 273.
[Adopted 6-13-2013 by Ord. No. 2013:08]
This article authorizes the Borough of Somerdale to govern the
maintenance of vacant property in the Borough of Somerdale, establishing
registration requirements and levying a registration fee on owners
of vacant properties.
This article governs the maintenance of vacant properties in
the Borough of Somerdale, amending registration requirements and amending
registration fees for owners of vacant properties.
As used in this article, the following terms shall have the
meanings indicated:
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 Borough
of Somerdale to have authority to act with respect to the property.
Any building used or to be used which is not legally occupied
or at which substantially all lawful construction operations or occupancy
has ceased; provided, however, that any property that contains all
building systems in working order, is fully compliant with our property
maintenance codes and is being actively marketed by its owner for
sale or rental shall not be deemed vacant. 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.
A.Â
Effective July 1, 2013, the owner of any vacant property, as defined
herein, shall, within 60 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 Zoning Officer or his designee on forms provided
by the Zoning Officer or his designee for such purposes. The registration
shall remain valid for one year from July 1 until June 30 of the following
year. The owner shall be required to renew the registration annually
as long as the building remains vacant property and shall pay a registration
or renewal fee in the amount prescribed in this article for each vacant
property registered.
B.Â
Any owner of any building that meets the definition of "vacant property"
prior to July 1, 2013, shall file a registration statement for that
property on or before July 30, 2013. The registration statement shall
include the information required under this article, as well as any
additional information that the Zoning Officer or his designee may
reasonably require.
C.Â
The owner shall notify the Zoning Officer or his designee within
30 days of any change in the registration information by filing an
amended registration statement on a form provided by the Zoning Officer
or his designee for such purpose.
D.Â
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 Borough against the owner or
owners of the building.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Borough to conduct an exterior and interior inspection of the
building to determine compliance with the Municipal Code, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal.
A.Â
The registration statement shall include the name, street address,
e-mail 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. This person must maintain an office in the
State of New Jersey or reside within the State of New Jersey. The
statement shall also include the name, street address, e-mail address
and telephone number of the person responsible for maintaining and
securing the property, if different.
B.Â
An owner who is a natural person and who meets the requirements of
this article as to location of residence or office may designate himself
or herself as agent.
C.Â
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 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 purposes
of this section until the owner notifies the Zoning Officer or his
designee of a change of 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.
The registration fee for each building shall be $500 per year,
$1,000 for the second year, and $1,500 for the third year and each
year thereafter.
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, within 30 days:
A.Â
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Code of the Borough of Somerdale.
B.Â
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 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 18 inches by 24 inches.
C.Â
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.
D.Â
Post the property with "No Trespassing" signs of a nature sufficient
to give notice to any person entering upon the property that it is
against the law to enter the property without permission of the owner.
The Zoning Officer or his designee may issue rules and regulations
for the administration of the provisions of this article.
A.Â
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 subject to a fine of not less
than $500 and not more than $1,000 for each offense. Fines assessed
under this article shall be recoverable from the owner and shall be
a lien on the property.
B.Â
For purposes of this section, failure to file a registration statement
in time, failure to provide correct information on the registration
statement, and failure to comply with the provisions of this article
or such other matters as may be established by the rules and regulations
of the Zoning Officer or his designee shall be deemed to be violations
of this article.
Nothing in this article is intended 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 Somerdale.
Further, any action taken under any such Code provision other than
the demolition of a structure shall relieve an owner from its obligations
under this article.
This article shall take effect July 1, 2013.
Any funds collected as vacant property registration fees in
excess of the funds necessary to operate and enforce the provisions
of this article shall be set aside in a dedicated fund for the purpose
of property rehabilitation within the Borough of Somerdale at the
discretion of the governing body.
[Adopted 3-12-2015 by Ord. No. 2015:03]
The public officer as designated herein is hereby directed to
identify abandoned properties within the municipality, place said
properties on an abandoned property list established as provided in
Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as amended by
Section 28 of P.L. 2003, c. 210, and provide such notices and carry
out such other tasks as are required to effectuate an abandoned property
list as provided by law.
The abandoned property list shall apply to the Borough of Somerdale
as a whole, as set forth below.
The Code Enforcement Officer or his designee is hereby designated
as the public officer for the purpose of carrying out the responsibilities
established by this article, and shall have all the responsibilities
and powers provided by law.
The Code Enforcement Officer shall exercise the authority granted
the municipality pursuant to Section 13 of P.L. 2003, c. 210, to designate
qualified rehabilitation entities to act as the designee of the municipality
with respect to the provisions of that section.
The public officer shall provide a report to the Mayor and governing
body every six months, with respect to the number and location of
properties on the abandoned property list, the status of those properties,
and any actions taken by the municipality or by any qualified rehabilitation
entity designated pursuant to the authority granted the public officer
with respect to any property on the list or any other abandoned property
within the Borough of Somerdale.
This article shall take effect immediately as provided by law.
