[Adopted 4-4-2017 by Ord.
No. 8-4-2017[1]]
A.
It is the intent of this chapter and articles to, through the adoption
of this article, establish a vacant property management system and
authorize new, and changes to existing, policies and procedures for
the registration, maintenance and compliance monitoring of vacant
properties as a mechanism to protect and preserve the public health,
safety, welfare, security, neighborhood vitality, economic vitality
and the quiet enjoyment of residents, by:
(1)
Requiring all property owners, including lenders, trustees and service
companies, to properly maintain vacant, unimproved and/or foreclosing
properties; and
(2)
Regulating the maintenance of vacant, unimproved and/or foreclosing
properties in order to prevent unsecured unsafe structures in neighborhoods
and neighborhood blight.
B.
In addition to any other remedies in law or equity not set forth
herein, enforcement authority shall be vested in the Code Enforcement
Department including, but not limited to, the Code Enforcement Department
and its respective inspectors. The Construction Department, County
Health Department, Police Department, Fire Department and the Department
of Public Works shall also have enforcement authority with respect
to this article. The Township Manager may also designate, when necessary,
additional enforcement duties for other departments to protect neighborhoods
from becoming blighted through the lack of adequate maintenance and
security of vacant properties.
As used in this article, the following terms shall have the
meanings indicated:
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in Superior Court, the new entity shall
be deemed the creditor. A creditor shall not include the state, a
political subdivision of the state, a state, county, or local government
entity, or their agent or assignee, such as the servicer.
[Added 12-7-2022 by Ord.
No. 26-12-2022]
Shall mean and include that portion of a building or structure
rented or offered for rent to one or more tenants or family units.
A room or series of connected rooms designed for permanent residency,
containing living, cooking, sleeping and sanitary facilities. The
dwelling unit shall be self-contained and shall not require the use
of outside stairs (other than those required for initial access to
the structure), passage through another dwelling unit or other indirect
route to get to any portion of the dwelling unit. Any cottage, bungalow,
room or group of rooms in occupying all or part of a floor or floors
in a building, with housekeeping facilities for dwelling purposes.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant or has the potential to become vacant. Such conditions include,
but are not limited to, a property that is under a current notice
of default and/or notice of Sheriffs sale and/or pending tax lien
sale or has been foreclosed upon by the mortgagee or has been conveyed
to the mortgagor, beneficiary or trustee via a deed in lieu of foreclosure;
overgrown and/or dead vegetation, accumulation of newspapers, circulars,
flyers and/or mail, past-due utility notices and/or disconnected utilities,
accumulation of trash, junk and/or debris, the absence of window coverings
such as curtains, blinds and/or shutters, the absence of furnishings
and/or personal items consistent with residential habitation, statements
by neighbors, passersby, delivery agents, or government employees
that the property is vacant.
An unoccupied property, apartment or dwelling unit that the
owner or responsible party intends to make habitable shall be considered
a vacant property subject to the requirements of this article herein
defined until which time the Municipal Code Enforcement Official or
designee has deemed the unit habitable in accordance with applicable
codes or the unit has been demolished.
Every person or entity, executor, administrator of estate,
trustee, agent, real estate agency, property manager or interested
parties, who alone or severally with others, has legal or equitable
title to any dwelling, dwelling unit, mobile dwelling unit or parcel
of land, vacant or otherwise; or
[Amended 12-7-2022 by Ord. No. 26-12-2022]
Has care, charge or control of any dwelling, dwelling unit or
parcel of land, vacant or otherwise, in any capacity, including but
not limited to agent, executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the holder of legal title; or
Is a mortgagee in possession of any such property; or
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
Is an officer or trustee of the association of unit owners of
a condominium. Each such person is bound to comply as if he were the
owner. However, this article shall not apply to any condominium association
or co-op that forecloses or initiates the foreclosure process for
unpaid assessments due or owing the association; or
Every person who operates a rooming house; or
A creditor required to register with the Township pursuant to Article III of this chapter.
Such measures as may be directed by the Township Code Enforcement
Officer or his or her designee that assist in rendering the property
inaccessible to unauthorized persons, including but not limited to
the repairing or replacement of fences and walls, chaining/padlocking
of gates, the repair, replacement or boarding of doors, windows and/or
other openings. Boarding shall be completed to a minimum of the current
HUD securing standards at the time the boarding is completed or required.
[Amended 12-7-2022 by Ord. No. 26-12-2022]
A building, structure, property or unimproved land that is unoccupied
or not legally occupied and either subject to a violation issued pursuant
to Section 3 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s3) or satisfies
at least two of the following conditions:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, representatives of
a common interest community association, or government employees indicating
that the residence is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
For the purposes of this article, a residential property shall
not be considered "vacant" if, on the property:
There is an unoccupied building which is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations, and statutes;
There is a building occupied on a seasonal basis, but otherwise
secure; or
There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute.
A.
Registration. Effective immediately, the owner of any vacant property
as defined herein 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 Clerk for such purposes. Failure to receive
notice by the municipality shall not constitute grounds for failing
to register the property.
(1)
Each property having a separate block and lot number as designated
in the official records of the municipality shall be registered separately.
(2)
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 18
years 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 (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.
(3)
The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be from the time of registration through December 31 of the year of registration. The owner 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 Subsection D of this section for each vacant property registered.
[Amended 7-18-2017 by Ord. No. 16-7-2017]
(4)
The annual renewal shall be completed by January 1 each year.
[Amended 7-18-2017 by Ord. No. 16-7-2017]
(5)
The owner shall notify the Clerk within 30 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Clerk for such purpose.
(6)
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement or court
proceeding instituted by the Township against the owner or owners
of the building.
B.
Access to vacant properties. The owner 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
or designated agent. Such inspections shall be carried out on weekdays
during the hours of 9:00 a.m. to 4:00 p.m., or such other time as
may be mutually agreed upon between the owner and the Township.
C.
Responsible owner or agent.
(1)
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 himself or herself as agent or as the
individual responsible for maintaining the property.
(2)
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 notices the Township
of Evesham, in writing, of a change of authorized agent or until the
owner files a new annual registration statement.
(3)
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 Evesham 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.
D.
Fee schedule. The initial registration fee for each building shall
be $500. The fee for the first renewal is $1,500. The fee for any
subsequent renewal beyond the first renewal is $2,000.
[Amended 12-7-2022 by Ord. No. 26-12-2022]
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Initial registration
|
$500
|
|
First renewal
|
$1,500
|
|
Subsequent renewal
|
$2,000
|
E.
Requirements of owners of vacant property. The owner 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 of Evesham Code, or as
set forth in the rules and regulations supplementing those codes;
and
(2)
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent for
the purposes of process, 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
posted on the interior of a window facing the street to the front
of the property that is visible from the nearest public street or
sidewalk, whichever is nearer, and shall be no smaller than eight
inches by 10 inches; and
(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; and
(4)
Ensure that the exterior grounds of the structure, including 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 grass and
weed growth, vehicles and accumulation of newspapers/flyers/notices;
and
(5)
Continue to maintain the structure in a secure and closed condition
and 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, demolished, or until repair and/or rehabilitation of the
building is complete.
(6)
Pools and spas shall be kept in working order so that the water remains
clear and free of pollutants and debris or drained and kept dry. In
either case, properties with pools and/or spas must comply with the
minimum security fencing requirement of the Township.
F.
Violations/penalty
(1)
Any person who violates any provisions of this section or the rules
and regulations issued hereunder shall be fined not less than $100
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 section shall be recoverable from the owner and
shall be a lien on the property.
(2)
For purposes of this section, 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 municipality, 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.
(3)
Any fine(s) or cost(s) associated with cleaning up the property that
remains uncollected or unpaid shall, by resolution of the Township
Council, become a lien upon the property, which lien shall hereafter
form part of the taxes next to be assessed and levied upon said lands,
the same to bear interest at the same rate as taxes to be collected
and enforced by the same officers and in the same manner as taxes.
