[Adopted 5-1-2017 by Ord. No.
17-13]
As used in this article, the following terms shall have the
meanings indicated:
Any property that is determined to be abandoned pursuant
to N.J.S.A. 55:19-78 et. al.
As defined in § 330-29.
Includes the title holder, any agent of the title holder
having authority to act with respect to an abandoned property, any
foreclosing entity that has filed a notice with the Municipal Clerk
pursuant to the provisions of N.J.S.A. 46:10B-51, or any other entity
determined by the Borough of River Edge to have authority to act with
respect to the property.
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 Enforcement Officer that:
A.
The property is in need of rehabilitation in the reasonable judgment
of the Enforcement Officer, and no rehabilitation has taken place
during that six-month period;
B.
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 Enforcement Officer pursuant to this
section;
C.
At least one installment of property tax remains unpaid and delinquent
on that property on the date of the determination by the Enforcement
Officer pursuant to this section;
D.
The property has been determined to be a nuisance by the Enforcement
Officer in accordance with N.J.S.A. 55:19-82 for one or more of the
following reasons:
(1)
The property has been found to be unfit for human habitation, occupancy
or use pursuant to N.J.S.A. 40:48-2.3;
(2)
The condition and vacancy of the property materially increases the
risk of fire to the property and adjacent properties;
(3)
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the Borough has
secured the property in order to prevent such hazards after the owner
has failed to do so;
(4)
The presence of vermin or the accumulation of debris, uncut vegetation
or physical deterioration of the structure or grounds has created
potential health and safety hazards, and the owner has failed to take
reasonable and necessary measures to remove the hazards;
(5)
The dilapidated appearance or other condition of the property materially
affects the welfare, including the economic welfare, of the residents
of the area in close proximity to the property, and the owner has
failed to take reasonable and necessary measures to remedy the conditions;
E.
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 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the Enforcement Officer and the property meets the criteria of either Subsection A or Subsection D of this section.
F.
The Enforcement Officer must comply with the notice provisions of
N.J.S.A. 40:48-2.3 et seq., after making the determination that the
property is a nuisance.
Evidence of vacancy is 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 abandoned for six 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 abandoned; infestation by insects, vermin, rats or other pests;
windows or entrances that are boarded up or closed off; multiple windowpanes
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.
The owner of any abandoned property as defined herein shall
within 30 calendar days after the building becomes abandoned or within
30 calendar days after assuming ownership of the abandoned property,
whichever is later, or within 30 calendar days of receipt of notice
by the Borough of River Edge, file a registration statement for such
property with the Code Enforcement Office on forms provided by the
Borough for such purposes. Failure to receive notice by the Borough
shall not constitute grounds for failing to register the property.
A.
Each property having a separate block and lot number as designated
in official records of the Borough shall be registered separately.
B.
The registration statement shall include the name, street address,
telephone number, and e-mail address of a 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; and the name, street address, telephone number, and
e-mail address of the firm and the actual name(s) of the firm's
individual principal(s) responsible for maintaining the property.
The individual or a 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.
C.
The registration shall remain valid for one year. The owner shall
be required to renew the registration annually as long as the property
remains abandoned and shall pay the fee prescribed in § 37-41
for each property registered.
D.
Any owner that meets the definition of abandoned property prior to
the date of adoption of this article shall file a registration statement
for that property no later than 45 days following the adoption of
this article.
E.
If the registration fee is not paid within 30 days of notification,
a lien will be placed on the property for the amount prescribed in
§ 37-41.
F.
The owner shall notify the Code Enforcement Office within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Borough 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 Borough against the owner or
owners of the property.
H.
The registration statement may include any additional information
that the Enforcement Officer may reasonably require.
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 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 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 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 Borough
of River Edge 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 a 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 notice at the last
known address of the owner of the property on record with the Borough
of River Edge by regular and certified mail, any and all notices of
code violations and all process in administrative proceeding brought
to enforce code provisions concerning the building.
The owner of any structure that has become abandoned property,
and any person responsible for maintaining any such building that
has become abandoned shall, within 30 calendar days of the structure
becoming abandoned, or within 30 calendar days of the owner taking
title to the property, do the following:
A.
Any abandoned residential or nonresidential property must comply
with the following minimum standards for basic equipment and facilities:
(1)
Plumbing. All plumbing fixtures shall be properly installed and be
in sound condition and good repair.
(2)
Electricity. Every existing outlet and fixture shall be properly
connected. Wiring and service lines shall be maintained in good and
safe working condition.
(3)
Heating plant. The heating plant shall be maintained in a safe condition.
(4)
Cooking equipment. All cooking equipment shall be maintained in a
safe condition.
B.
Safety from fire. All owners or operators of unoccupied or vacant
buildings shall comply with the provisions of the Borough Fire Prevention
Code and the following additional standards for safety from fire:
(1)
No unoccupied or vacant building shall contain any space utilized
for the storage of flammable liquids.
(2)
No room within any vacant or unoccupied building shall be used for
storage of junk, rubbish or wastes, furniture or building materials
not intended to be used in the existing building.
(3)
The early detection and containment of fire being a valid municipal
concern, the boarding up of doors or windows shall not be permitted
except with the permission of the Building Official in emergency situations.
When doors and windows are boarded up, they shall be covered with
no less than one-half-inch exterior plywood or equivalent which shall
be the same color as the building exterior. In no case shall boarding
up of buildings and windows be permitted in excess of 60 days without
a waiver from the Mayor and Council.
C.
Safe and sanitary maintenance. All unoccupied or vacant buildings
shall comply with the following minimum standards for safety and sanitary
maintenance.
(1)
Every foundation, exterior wall or exterior roof shall be weathertight,
watertight and rodent-proof and shall be kept in sound condition and
good repair and shall be safe to use and capable of supporting a load
which normal use may cause to be placed thereon.
(2)
Every floor, interior wall and ceiling shall be substantially rodent-proof,
shall be kept in sound condition and good repair, and shall be safe
to use and capable of supporting a load which normal use may cause
to be placed thereon.
(3)
Every window, exterior door and basement or cellar door and hatchway
shall be weathertight, watertight and rodent-proof and locked and
shall be kept in sound working condition and good repair.
(4)
Every inside and outside stair, porch and any appurtenance thereto
shall be safe to use and capable of supporting a load that normal
use may cause to be placed thereon and shall be kept in sound condition
and good repair.
(5)
Every yard shall be properly graded so as to prevent the accumulation
of stagnant water.
(6)
There shall be a control method of disposing of water from roofs
by use of gutters and downspouts which shall be installed and maintained
in sound condition, free of leaks and obstructions.
(7)
Every dwelling, cellar, basement and crawlspace shall be maintained
reasonably free from dampness.
(8)
The exterior of every structure or accessory structure shall be maintained
free of broken windows, loose shingles, crumbling stone or brick or
excess peeling paint.
(9)
The exterior of the premises and the condition of accessory structures
shall be maintained so that the appearance of the premises and all
buildings thereof shall reflect the level of maintenance in keeping
with the standards of the neighborhood in such that the appearance
of the premises and structure shall not constitute a blighting factor
for adjoining property owners leading to the progressive deterioration
and downgrading of the neighborhood with the accompanying diminution
of property values.
(10)
Any yard area (front, side and rear) shall be cleared and maintained
free of trash, solid debris or other materials that cause litter to
accumulate to unhealthy and blighting proportions.
(11)
Grass, weeds and vegetation shall not be permitted to grow or
remain on the side, front or rear yards of any unoccupied or vacant
building to exceed a height of 10 inches. Any edible vegetation for
useful or ornamental purpose shall not be governed by this provision.
(12)
Unoccupied or vacant buildings shall not be utilized for storage
of any materials, whether solid or liquid, including the yard portion
of that building.
(13)
When a vacant building is found to be infested with rats, termites,
roaches or any other insects or vermin, the owner or operator shall
undertake and excavate means of extermination of such nuisances.
(14)
All doors and/or lids on appliances, furniture utilized for
storage or on heating furnaces shall be locked in order to deny entry
to any individuals where the potential for physical harm or death
may result should said door close to prevent the individual's
escape.
D.
The standards and requirements of this section shall apply as long
as any building remains abandoned. Upon occupancy, the other appropriate
sections of this chapter shall apply.
The owner of any property registered under this article shall
provide access to the Borough to conduct exterior and interior inspections
of the building to determine compliance with municipal codes, upon
reasonable notice to the property owner or the designated agent. Such
inspections shall be carried out on weekdays during the hours of 9:00
a.m. and 4:00 p.m., or such other time as may be mutually agreed upon
between the owner and the Borough.
The registration fee for each property shall be as follows:
Owners of properties meeting the definition of abandoned properties
that are being actively marketed for sale shall file a registration
statement with the Borough 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
Borough of active marketing activities of the property for sale by
providing such evidence of such bona fide marketing activities as
shall be reasonably required by the Borough, 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. Although exempt
from the payment of any registration fee, in all other respects, the
property owner of any abandoned property that is being actively marketed
for sale shall be required to maintain the property while it is being
actively marketed in accordance with this chapter and all other ordinances
of the Borough of River Edge.
A.
Any person who violates any provision of this article or of the rules
and regulations issued hereunder shall be fined not less than $100
and not more than $2,000 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 as described in N.J.S.A. 55:19-100.
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 30 calendar days of receipt of notice by the Borough, and failure to provide correct information on the registration statement, failure to comply with the provisions of § 330-34 or such provisions contained herein shall be deemed to be violations of this article.
Should any section, clause, sentence, phrase or provision of
this article be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this article.
