[Adopted 5-1-2018 by Ord.
No. 7448-18]
As used in this article, the following terms shall have the
meanings indicated:
Any property pursuant to N.J.S.A. 55:19-81 that has not been
legally occupied for a period of six months may be deemed to be abandoned
property upon a determination by the public officer that the property
meets any one of the following additional criteria:
The property is in need of rehabilitation in the reasonable
judgment of the public officer, 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 public officer pursuant to this
section;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Chapter 4 of Title
54 of the Revised Statutes as of the date of the determination by
the public officer pursuant to this section; or
The property has been determined to be a public nuisance by
the public officer 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 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 public officer and the property meets the criteria of either Subsection A or Subsection D of this definition.
Any property that meets any one of the following criteria shall
not be deemed to be abandoned property:
If an entity other than the municipality has purchased or taken
assignment from the municipality of a tax sale certificate on property
that has not been legally occupied for a period of six months, that
property shall not be placed on the abandoned property list pursuant
to N.J.S.A. 55:19-55 if:
The owner of the certificate has continued to pay all municipal
taxes and liens on the property in the tax year when due; and
The owner of the certificate takes action to initiate foreclosure
proceedings within six months after the property is eligible for foreclosure
pursuant to either Subsection a or Subsection b of N.J.S.A. 54:5-86,
as appropriate, and diligently pursues foreclosure proceedings in
a timely fashion thereafter.
A property which is used on a seasonal basis shall be deemed
to be abandoned only if the property meets any two of the additional
criteria set forth in N.J.S.A. 55:19-81.
The individual, who is at least 18 years of age or older,
who is designated by the owner to receive any and all notices concerning
the vacant or abandoned property and to receive service of process
in any court enforcement proceeding concerning the vacant or abandoned
property. An owner that resides or works in the State of New Jersey
may designate himself, herself or, if the owner is an entity, a designated
employee representative as the authorized agent of a vacant or abandoned
property. If an owner does not reside or work in the State of New
Jersey, he or she must designate an individual who resides, works
or is located in the State of New Jersey to serve as the authorized
agent.
The City of Clifton in the County of Passaic, State of New
Jersey.
Pursuant to N.J.S.A. 55:19-82, a property may be determined
to be a nuisance if:
The property has been found to be unfit for human habitation,
occupancy or use pursuant to N.J.S.A. 40:48-2.3;
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
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 municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so;
The presence of vermin or other accumulation of debris, uncut
vegetation or physical deterioration of the structure or grounds have
created potential health and safety hazards and the owner has failed
to take reasonable and necessary measures to remove the hazards; or
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.
Any person, firm, association or corporation who or which,
alone or jointly or severally, shall have legal title to the vacant
or abandoned property, not including any foreclosing entity subject
to the provisions of N.J.S.A. 40:48-2.12s1 et seq.
[Amended 7-19-2022 by Ord. No. 7751-22]
The individual, who is at least 18 years of age or older,
who is designated by the owner as the person responsible for maintaining
a vacant or abandoned property and to receive all notices concerning
maintenance issues at the vacant or abandoned property. An owner that
resides or works in the State of New Jersey may designate himself,
herself or, if the owner is an entity, a designated employee representative
as the property manager of a vacant or abandoned property. If an owner
does not reside or work in the State of New Jersey, he or she must
designate an individual who resides, works or is located in the State
of New Jersey to serve as the property manager.
A City Zoning Officer, Code Enforcement Officer and/or a
Housing Department officer may enforce the provisions of the within
article.
Any property that is not legally occupied for a period of
at least 60 days or at which substantially all lawful construction
operations have ceased and which is in such condition that it cannot
legally be occupied without repair or rehabilitation. However, any
property where all building systems are in working order, where the
building and grounds are maintained in good order, where the building
is in a habitable condition and where the building is being actively
marketed by its owner for sale or rental shall not be deemed a vacant
property for purposes of this article.
A.
The owner of any vacant property as defined herein shall, within
30 calendar days after the building becomes a 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 from the
City, file a registration statement for the vacant property with the
City Zoning Officer on forms provided by the City for such purposes.
B.
The owner of any abandoned property as defined herein shall, within
30 calendar days after the building becomes an abandoned property
or within 30 calendar days after assuming ownership of an abandoned
property, whichever is later, or within 10 calendar days of receipt
of notice from the City, file a registration statement for the abandoned
property with the City Zoning Officer on forms provided by the City
for such purposes.
C.
The registration statement shall include the following: the name,
street address, telephone number, and e-mail address of the owner,
authorized agent and property manager.
D.
Each property having a separate block and lot number as designated
in the official records of the City shall be registered separately,
and all applicable fees and reporting requirements shall apply to
each separate block and lot.
E.
The property manager responsible for maintaining the property shall
be available by telephone and/or in person on a twenty-four-hour per
day, seven days per week basis in the case of an emergency.
F.
The annual renewal shall thereafter be completed by June 1 each year.
G.
The registration shall remain valid for one year from the date of registration except for the initial registration, which shall be valid through May 31 of the year following the year in which the initial registration was filed. The owner shall be required to renew the registration annually as long as the building remains a vacant or abandoned property and shall pay a registration fee or renewal fee in the amount prescribed in § 273-34, for each property registered.
H.
The owner or authorized agent shall notify the public officer within
30 calendar days of any change in any registration information by
filing an amended registration statement on a form provided by the
City for such purpose.
I.
Any owner who fails to register a vacant or abandoned property under
the provisions of this article shall 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 that is on
record with the City, by regular and certified mail, any and all notices
of code violations and all process in any court proceeding brought
to enforce code provisions concerning the property.
A.
The owner or authorized agent of any vacant or abandoned property
registered under this article shall, upon notice served via certified
mail, e-mail or facsimile to the owner or authorized agent, provide
the City with access to the property within 15 days of receipt of
such notice in order to conduct exterior and interior inspections
of the building and property to determine compliance with the Municipal
Code.
B.
Such inspections shall be carried out on weekdays between the hours
of 8:00 a.m. and 4:00 p.m. or at such other times as may be mutually
agreed upon by the owner or authorized agent and the City.
C.
Failure of the owner or authorized agent to arrange access to the
vacant or abandoned property within 15 days of receipt of notice from
the City to permit such inspections shall constitute a violation of
this article.
A.
There shall be no fee to register a vacant property.
B.
The initial registration fee for each abandoned property as defined
above shall be $750.
C.
The fee for the first annual renewal and for any subsequent renewal
beyond the first renewal for each abandoned property as defined above
shall be $750.
D.
The initial registration fee shall be prorated on a monthly basis
for registration statements received less than 10 months prior to
the initial May 1 renewal date.
The owner of any building that has become an abandoned property
and/or any person maintaining or operating any property that has become
an abandoned property within 30 days of the inception of the abandonment
shall:
A.
Secure the building against unauthorized entry as provided in the
applicable provisions of the City Code until the building is again
legally occupied or demolished or until the repair or rehabilitation
of the building is complete.
B.
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 property manager responsible
for the day-to-day supervision and management of the building. The
sign shall be no smaller than eight inches by 10 inches and shall
remain posted until the building is again legally occupied or demolished
or until the repair or rehabilitation of the building is complete.
C.
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, grass and weed
growth.
D.
In the event that the owner of any abandoned property fails to perform the requirements set forth in Subsections A through C and the public officer finds that an emergency exists which requires immediate action to protect the public health or safety, the public officer, may, in accordance with § 273-25 of the City Code, issue an order reciting the existence of such a hazardous or serious violation or emergency and requiring that such action be taken as the public officer deems necessary to meet the emergency or to remedy the hazardous or serious violation.
E.
In the event that the owner of the abandoned property fails to correct the emergency condition within the time period set forth in any emergency order issued in accordance with § 273-25 of the City Code, the City can take such action as it deems necessary to remedy the emergent condition and the cost of such remedy, together with any other charges incurred, shall be a principal lien against the abandoned property, in addition to the penalties set forth in § 273-36.
