[HISTORY: Adopted by the Town Council of the Town of Newton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-27-2009 by Ord. No. 2009-15]
The Town of Newton hereby grants to itself all such powers granted
to municipalities by the State of New Jersey for the rehabilitation
of abandoned property. Such powers are set forth, inter alia, in the
"Abandoned Properties Rehabilitation Act" (N.J.S.A. 55:19-78 et seq.)
and in applicable portions of the "New Jersey Urban Development Corporation
Act" (N.J.S.A. 55- 19-1 though -77). These state statutory powers
are collectively referred to herein as the "enabling statutes."
The Public Officer, as defined in N.J.S.A. 55:19-80, who is
responsible for executing the provisions of this article for the rehabilitation
of abandoned property, shall be designated by resolution of the Town
Council.
The Public Officer shall designate a property as an "abandoned
property" if said property meets the criteria set forth in N.J.S.A.
55:19-81 (abandoned property criteria) and/or N.J.S.A. 55:19-82 (nuisance
property criteria). The Public Officer's designation is limited
by the provisions of N.J.S.A. 55:19-83.
The Public Officer shall establish an Abandoned Property List
pursuant to N.J.S.A. 55:19-55. An interested party (as that term is
defined in N.J.S.A. 55:19-105a) may request that the Public Officer
include a property on the Abandoned Property List, pursuant to N.J.S.A.
55:19-105.
The owner of a property on the Abandoned Property List has such
rights designated to said owner by the enabling statutes. Such powers
include but are not limited to:
Town of Newton has such powers and rights regarding abandoned
properties as set forth in the enabling statutes. Such powers include
but are not limited to:
A.
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
B.
Special tax sales, pursuant to N.J.S.A. 55:19-101;
C.
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
D.
Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100;
E.
Possession and control of property, pursuant to N.J.S.A. 55:19-84
to 55:19-92 et seq.;
F.
Rehabilitation and reuse of property, while in possession and control,
pursuant to N.J.S.A. 55:19-90;
G.
Borrowing money and making applications for rehabilitation of property,
while in possession and control, pursuant to N.J.S.A. 55:19-91;
H.
Sale of property, pursuant to N.J.S.A. 55:19-96;
I.
Purchase of property, pursuant to N.J.S.A. 55:19-96;
J.
Recover rehabilitation costs by lien on property, pursuant to N.J.S.A.
55:19-98;
K.
Clearance, development, redevelopment or repair of property through
power of eminent domain, pursuant to N.J.S.A. 55:19-56, 55:19-102.
Electric and natural gas utilities are granted such rights to
abandoned properties as are set forth in N.J.S.A. 55:19-106.
All references in this article to state statutes include reference
to all amendments thereto. References to particular sections of the
enabling statutes are for ease of reference, but may not be exhaustive
and are not meant to be exclusive of other applicable statutory provisions
contained in the enabling statutes or elsewhere in the New Jersey
statutes.
[Adopted 5-22-2017 by Ord. No. 2017-10[1]]
[1]
Editor's Note: This ordinance was adopted as Ch. 42, but was
renumbered to maintain the organization of the Code.
As used in this article, the following terms shall have the
meanings indicated:
As defined by Newton Town Code § 41-3, in accordance with the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-81 and 55:19-82.
Owners of properties meeting the definition of "vacant property"
that are being actively marketed for sale in a bona fide manner shall
file a registration statement with the Town in accordance with the
terms and conditions of this article, but shall be exempt from the
payment of a registration fee. The owner of any such property in order
to be exempt from the payment of a registration fee shall provide
adequate proof to the Town of the bona fide active marketing of the
property for sale by providing such evidence of such bona fide active
marketing activities as shall be reasonably required by the Town,
including, but not limited to, copies of listing agreements and/or
pending contracts of sale or other advertising or marketing efforts
being made by the property owner directly to promote the sale of the
property. Retention of a realtor is not required to actively market
a property under this article. Although exempt from the payment of
any registration fee, in all other respects, the property owner of
any vacant property that is being actively marketed for sale in a
bona fide manner shall be required to maintain the property while
it is being actively marketed in a bona fide manner in accordance
with this article and all other ordinances of the Town of Newton.
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 Newton Town Code § 41-3 and 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 titleholder, any agent of the titleholder
having authority to act with respect to a vacant or abandoned property,
any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51,
or any other entity determined by the Town of Newton to act with respect
to the property. The term "owner" shall not include any duly licensed
real estate agent engaged solely in the sale of the property on behalf
of the owner.
Owners of properties meeting the definition of "vacant property"
that are in the process of being repaired or renovated shall file
a registration statement with the Town in accordance with the terms
and conditions of this article, but shall be exempt from the payment
of a registration fee. The owner of any such property in order to
be exempt from the payment of a registration fee shall have obtained
all necessary permits and approvals from the Town to repair or renovate
the property and shall demonstrate proof to the Town of diligent continuous
efforts by the owner to promptly complete the repair or renovation
of any such property.
Seasonally occupied properties shall be those properties
in the Town which are occupied on a limited, part-time or seasonal
basis and not on a year-round basis by the owner. Owners of seasonably
occupied residences shall be required to file a registration statement
with the Town, but shall be exempt from payment of any registration
fee and the posting of a placard on the property as otherwise required
this article.
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 Town 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 or abandoned 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 Town of Newton Clerk's office on forms provided by the Town of Newton for such purposes. The registration shall remain valid until the end of the calendar year. 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 to the Town Clerk's office in the amount prescribed in § 41-12 for each vacant property registered.
[Amended 3-12-2018 by Ord. No. 2018-4]
B.
Any owner of any building that meets the definition of "vacant property" or "abandoned property" prior to May 22, 2017, shall file with the Town Clerk's office a registration statement for that property on or before July 21, 2017. The registration statement shall include the information required under § 41-11, as well as any additional information that the Construction Official may reasonably require. Each vacant or abandoned property having a separate block and lot number by the Town shall be registered separately.
C.
The owner shall notify the Town of Newton Clerk's office within
30 days of any change in the registration information by filing an
amended registration statement on a form provided by the Town of Newton
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 Town of Newton against the owner
or owners of the building.
E.
"Actively marketed vacant properties," "properties under repair or
renovation" and "seasonally occupied properties," as defined in this
article, shall be required to file a registration statement, but shall
be exempt from payment of a registration fee.
A.
After filing a registration statement or a renewal of a registration statement, the owner of any vacant or abandoned property shall provide access to the Town of Newton 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, the fee for such inspection shall be the same as that for a reinspection, as provided for in Newton Town Code § 100-21A, as may be amended.
[Amended 3-12-2018 by Ord. No. 2018-4]
B.
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. 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 Town
of Newton 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.
The vacant and abandoned property registration fee schedule
shall be as follows:
The owner of any building that has become vacant or abandoned
property, and any person maintaining, operating or collecting rent
for any such building that has become vacant or abandoned, 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 § 41-11), 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 12 inches by 12 inches; and
B.
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Town of Newton 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; and
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 Town of Newton; and
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 Town of Newton for the delivery
of circulars and advertisements to the property; and
E.
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of water lines,
other than buildings with a fire sprinkler system; and
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.
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, payable to the
Town of Newton, at the Clerk's office. 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.
Nothing in this article is intended to nor shall be read to
conflict or prevent the Town of Newton from taking action permitted
by law of Newton Town Code, including buildings found to be unfit
for human habitation or unsafe structures as provided in applicable
provisions of the Code of the Town of Newton 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 article.
Any owner having received notice from the Town that their property has been determined to be either vacant or abandoned may make a request, in writing, to the Town for an exemption from any of the provisions of this article by demonstrating to the Town such special circumstances peculiar to the property that warrants either a temporary or permanent exemption from any of the provisions of this article. In the event of a denial of any such exemption request, the owner shall have the right to file an appeal in accordance with § 41-17, below.
Any owner having received notice from the Town that their property
has been determined to be either vacant or abandoned shall have the
right to appeal any such determination by any Town official directly
to the governing body of the Town of Newton. Any such appeal shall
be taken within 45 days of the date of the receipt of notice from
the Town of such vacant or abandoned property determination. The appeal
shall be in writing and served on the Town Clerk with a copy to the
Town Zoning Officer. Upon the filing of the appeal, all proceedings
against the property shall be stayed pending the appeal process. The
governing body shall schedule a hearing on the appeal as soon as practical
at a regularly scheduled meeting of the Mayor and Council, at which
time the property owner shall have the right to present relevant evidence
to the Town Council that the property is neither vacant or abandoned.
Any such property owner shall have the right to be represented at
any such hearing and shall have the right to call witnesses and present
other relevant proof. The Mayor shall preside all such hearings, which
shall to the extent applicable, be in accordance with the provisions
of N.J.S.A. 40:55D-10.
