[HISTORY: Adopted by the Township Committee of the Township
of Alloway 3-15-2018 by Ord. No.
499. Amendments noted where applicable.]
A.
It is the purpose and intent of the Township to establish a process
to address the increasing amount of vacant, abandoned, foreclosed,
and/or otherwise distressed residential real property located within
the Township, and to identify, regulate, limit, and reduce the number
of abandoned primary residential structures on properties located
within the Township.
B.
The Township finds, determines, and declares that primary residential
buildings which remain vacant and unoccupied for any appreciable period
of time become, at a minimum, a harborage for rodents, an invitation
for illegal occupancy, illegal activities, and a fire hazard. Unkempt
grounds surrounding the property invite dumping and rubbish thereon,
and such buildings become dilapidated, contributing to residential
blight, depressing market values of surrounding property, and requiring
additional government services. Unsupervised vacant, abandoned, and
foreclosed residential properties have a negative impact on surrounding
properties and neighborhoods. Owners of such structures and properties
should be held accountable for the physical condition of the property.
C.
This chapter establishes responsibilities of owners of the vacant,
abandoned, and foreclosed residential properties and structures and
provides for administration and enforcement of standards related to
such party and structures. This chapter incorporates the Internal
Property Maintenance Code [New Jersey State Uniform Construction Code]
and all applicable federal, state, and local building and fire codes.
This chapter shall apply to all vacant, abandoned, and foreclosed
primary residential real property and structures within the Township
of Alloway.
D.
It is in the public interest for the Township to impose a fee in
conjunction with registration of vacant, abandoned, and foreclosed
primary residential real property structures in light of the disproportionate
costs imposed on the Township by the presence of these properties.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Vacant property is defined in this chapter as any residential
real property that is the primary residential structure on the property
that has been vacant for 30 or more days, and meets at least two of
the following criteria:
Provides a location for loitering, vagrancy, unauthorized entry
or other criminal activity;
Has one or more broken windows, or two or more windows boarded
up, for more than 30 days;
Has utilities disconnected or not in use;
Is not maintained in accordance with Township codes and ordinances,
including, without limitation, New Jersey Residential and Building
Codes, International Property Maintenance Code, and Fire Prevention
Code;
Has taxes in arrears for a period of time exceeding 365 days;
Is only partially completed, is not fit for human occupancy
and has no active building permits on the property that will result
in restoration of the premises to a safe and habitable condition;
and/or
Is in default on a mortgage, has had a lis pendens filed against
it by the lender holding a mortgage on the property, is subject to
an ongoing foreclosure action by the lender, is subject to an application
for a tax deed or pending tax assessors lien sale, or has been transferred
to the Lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned" shall remain in
place until such time as the property is sold or transferred to a
new owner, the foreclosure action has been dismissed, and any default
on the mortgage has been cured.
Includes, but not be limited to, the Township's Zoning
Code, the Township's Code of Ordinances (Township Code), and
the New Jersey Building Code.
A borrower under a mortgage, who grants a lien or interest
in residential property as security for the payment of a debt.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township to enforce the applicable
code(s).
The process by which a mortgage is enforced against a parcel
of real property.
A person, firm, or corporation holding a mortgage on a property.
A recorded lien or interest in real property to secure payment
of a loan.
An individual, partnership, association, corporation, company,
titleholder, fiduciary, or their legal entity having a legal equitable
title or any interest in any real property. Shall include the title
holder, any agent of the title holder having authority to act with
respect to a vacant and/or 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 Township
of Alloway to have authority to act with respect to the property.
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
An owner, agent, local property manager, property maintenance
company or similar entity responsible for the maintenance of abandoned
real property.
A visual inspection to check compliance with requirements
as set forth in the International Property Maintenance Code, for sanitary
maintenance, life safety, and other hazards and code violations. Such
inspections will be done in accordance with a checklist maintained
by the Township Construction Office.
Anything constructed or erected, the use of which requires
location on or attachment to the ground and includes buildings.
An unimproved lot or parcel of real property that is not
currently used or occupied and an improved lot or parcel to real property
with at least one building or structure that is not currently used
or occupied. The registration requirements are not intended to apply
to parcels of property in their natural state and not subject to development
approvals; however, any other property maintenance standards shall
otherwise apply.
A.
An owner of an abandoned residential vacant property in the Township
shall be responsible for registering the primary residential structure
with the Code Enforcement Official by complying with the affidavit,
registration, and inspection fee requirements in this chapter. In
the event the owner shall fail or refuse to register the property,
the lender or possessory lender shall be responsible for compliance
with this provision. Any additional structures not used as the primary
residence are not subject to the registration requirements of this
chapter.
B.
Any mortgagee who holds a mortgage or equity lien on such real residential
property located within the Township shall perform an inspection of
the property to determine vacancy or occupancy, upon default by the
mortgagor. The mortgagee shall, within 10 days of the inspection,
register the property with the Code Enforcement Official, or its designee,
on forms or website access provided by the Township, and indicate
whether the property is vacant or occupied.
C.
Abandoned, vacant, or foreclosed property shall be registered within
30 calendar days of the vacancy or 30 calendar days after assuming
ownership of the vacant property, whichever is later. Failure to receive
notice by the Township shall not constitute grounds for failing to
register the property.
D.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until the mortgagor or other
party remedies the default, or it is found to be vacant or shows evidence
of vacancy at which time it is deemed abandoned, and the mortgagee
shall, within 10 days of that inspection, update the property registration
to a vacancy status on forms provided by the Township of Alloway.
A.
Registration pursuant to this section shall contain the name of the
owner, the mortgagee and the server, the direct mailing address of
the mortgagee and the server, a direct contact name and telephone
number for both parties, facsimile number and e-mail address for both
parties, the folio or tax number, and the name and twenty-four-hour
contact telephone number of the property management company responsible
for the security and maintenance of the property as well as 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 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.
B.
The property shall be posted with the name and twenty-four-hour contact
telephone number of a property management company located within 30
miles of the subject property. The posting shall be no less than 18
inches by 24 inches and shall be of a seventy-two-point Arial font
and shall contain, along with the name and twenty-four-hour contact
number, the words: "THIS PROPERTY MANAGED BY AND TO REPORT PROBLEMS
OR CONCERNS CALL." The posting shall be placed on the interior of
a window facing the street to the front of the property so it is visible
from the street or secured to the exterior of the building structure
facing the street to the front of the property so that it is visible
from the street or, if no such area exists, on a stake of sufficient
size to support the posting in a location that is visible from the
street to the front of the property, but not readily accessible to
vandals. The local property management company shall inspect the property
on a regular basis to determine if the property is in compliance with
the requirements of this section.
D.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage in the foreclosure and any properties transferred under
a deed in lieu of foreclosure or sale.
E.
Properties subject to this section shall remain under the annual
registration requirement and the inspection, security and maintenance
requirements of this section as long as they remain vacant or in default.
F.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
G.
Failure to properly register or to modify the registration form from
time to time to reflect a change of circumstances as required by this
section is a violation of this chapter and shall be subject to enforcement
and penalties.
H.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the municipality
may take the necessary action to ensure compliance and place a lien
on the property for the cost of the work performed to benefit the
property and bring it into compliance.
I.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the Township and/or its authorized designee.
J.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
K.
Properties subject to this section shall remain under the annual
registration requirement and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
L.
All fees applicable to this chapter may be revised by resolution
of the Township Committee. Registration and inspection fees shall
be paid at the time of submitting the registration affidavit. There
shall also be a fee for the filing of any additional or new owner's
affidavit, with such fee being set by resolution of the Township Committee.
For properties that are not registered within the required time frame,
an additional fee for the added cost of the Township's expenses
in having to determine ownership, which may include, but is not limited
to, title searches, shall be assessed and is immediately payable.
The payment of all fees under this chapter is secured by a lien against
the property, which may be placed on the tax roll for collection in
the same manner and subject to the same interest and penalties applicable
to delinquent special assessments.
A.
The owner of any vacant property registered under this chapter 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 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 Township.
B.
If the owner, lender or possessory lender has failed to secure the
property and it has been secured by the Township, the Township or
its contracted agent may reenter the structure to conduct necessary
inspections to assure compliance with the requirements of this Code
and to determine if there are emergency or hazardous health and safety
conditions in existence.
A.
Any person who violates any provision of this chapter 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 chapter shall be recoverable from
the owner as defined herein and shall be a lien on the property.
B.
For purpose of this section, failure to file a registration affidavit
within 30 calendar days after a building becomes vacant property or
within 30 days after assuming ownership of a vacant property, whichever
is later, or within 10 calendar days of receipt of notice by the Township,
and failure to provide correct information on the registration affidavit,
or failure to comply with the provisions of this chapter or such provisions
contained herein shall be deemed to be violations of this chapter.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a Court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
All prior ordinances or parts of ordinances inconsistent with
this chapter are hereby repealed to the extent of such inconsistencies.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.
