[Added 12-5-2012 by Ord. No. 18-2012]
As used in this article, the following terms shall have the
meanings indicated:
As defined under § 145-3.
[Added 8-4-2021 by Ord. No. 25-2021]
Any of the four definitions below:
[Amended 1-18-2017 by Ord. No. 1-2017[1]]
Any building or structure used or to be used as a residence
at which lawful occupancy has ceased or which is unlawfully occupied;
or
Any building or structure used or to be used as a residence
at which construction under the Uniform Construction Code was initiated
and was discontinued prior to completion, leaving the building unsuitable
for occupancy, and at which no construction has taken place for at
least six months; or
Any building or structure used or to be used as a business or
in a commercial or industrial capacity at which business operations
have ceased at two-thirds or more of the net square footage of the
building for a period of at least six months; or
Any building or structure used or to be used as both a residence
and in a commercial or industrial capacity at which two-thirds or
more of the net square footage of the entire building is either unoccupied
or at which substantially all business operations have ceased for
a period of at least six months.
[1]
Editor's Note: This ordinance also stated that since commercial buildings, industrial buildings, and buildings which are used both as residential and commercial or residential and industrial were not previously required to comply with the vacant property registration requirements of Article XIV, Chapter 145, of the Township Code, in order to provide a phase-in period for such property owners to become aware of these requirements, the Township shall not issue any summons to the owners of such properties (as they are defined in Subsections C and D of the "vacant property" definition) until the expiration of a six-month period beginning on the effective date of this ordinance.
[Amended 6-6-2018 by Ord.
No. 7-2018]
A.
Except as provided in § 145-44H, effective January 2013, the owner of any vacant property, as defined herein, shall, within 60 days after the building becomes vacant property file a registration statement for each such vacant property with the Director of Community Development on forms provided by that Director of Community Development for such purposes.
B.
The owner shall be required to renew the registration annually as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in § 145-46 of this article for each vacant property registered.
C.
Notwithstanding the requirements set forth in § 145-44B, a person or entity assuming ownership of a previously registered vacant property shall not be required to renew the vacant property registration, and pay the renewal fee, until one year and six months from the date of the previous registration. Thereafter, renewals shall be required annually from the adjusted date of the previous registration.
D.
The Director of the Department of Community Development shall have the authority to extend the six months' time period set forth in § 145-44C up to an additional six months on the condition that the new owner of the property has obtained the appropriate construction permits, has made substantial progress in the rehabilitation of the property, and requires the additional time within which to complete all renovations.
E.
Any owner of any building that meets the definition of "vacant property" prior to January 1, 2013, shall file a registration statement for that property on or before January 31, 2013. The registration statement shall include the information required under § 145-45 of this article, as well as any additional information that the Director of Community Development may reasonably require.
F.
The owner shall notify the Director of Community Development within
30 days of any change in the registration information by filing an
amended registration statement on a form provided by the Director
of Community Development 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 Township against the owner or
owners of the building.
H.
This chapter shall not apply to property owned by the federal government
of the United States, or any of its agencies or instrumentalities.
A.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Township to conduct an exterior and interior inspection of the
building to determine compliance with the Township Code, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal.
B.
The registration statement shall include the name, address, email address and telephone number of a natural person 21 years of age or older, designated by the owner 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 in connection with the enforcement of any applicable code. This person must maintain an office in the State of New Jersey or reside within the State of New Jersey. The statement shall also include the name, address and telephone number of the person responsible for maintenance and security of the property, if different. The owner may designate the agent or managing agent as defined under § 148-1 or operator as defined under § 145-3.
[Amended 8-4-2021 by Ord. No. 25-2021]
C.
An owner who is a natural person and who meets the requirements of
this article as to location of residence or office may designate himself
or herself as agent.
D.
By designating an authorized agent under the provisions of this section,
the owner consents to receiving 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 vacant property by service
of the notice or process upon 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 Director
of Community Development of a change of 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.
[Amended 8-4-2021 by Ord. No. 25-2021]
[Amended 6-6-2018 by Ord.
No. 7-2018]
A.
The initial
registration fee for each building shall be $500. The fee for any
subsequent renewal is $2,500.
[Amended 8-3-2022 by Ord. No. 18-2022]
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Initial registration
|
$500
|
|
Any subsequent renewal
|
$2,500
|
B.
Effective January 1, 2023, for any vacant property as defined under Subsection C or D of § 145-43 that is greater than 10,000 square feet, that becomes vacant on or after the effective date, the fee schedule shall be as follows:
[Added 8-4-2021 by Ord. No. 25-2021]
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Initial registration
|
$1,000
|
|
First renewal
|
$3,000
|
|
Second renewal
|
$6,000
|
|
Any subsequent renewal
|
$10,000
|
C.
Effective January 1, 2023, for any initial or renewal vacant property registrations under Subsection A or B above, if an owner or authorized agent reestablishes lawful occupancy of the property within six months of the required registration or renewal registration date, and the property remains lawfully occupied for a period of at least six months, the entity that paid the fee may apply for a refund equal to 50% of the registration or renewal registration fee. The Director of Community Development shall require the owner or authorized agent to produce whatever reasonable proof of occupancy is consistent under the Township Code.
[Added 8-4-2021 by Ord. No. 25-2021]
[Amended 6-6-2018 by Ord.
No. 7-2018; 8-4-2021 by Ord. No. 25-2021]
Except as provided in § 145-44H, the owner or authorized agent of any building that has become vacant property, and any person maintaining, operating or collecting rent for any such building that has become vacant, shall, within 30 days thereof:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code or as set forth
in rules and regulations supplementing the codes; and
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 (if designated pursuant to § 145-45 of this chapter), and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner or authorized agent. The sign shall be of a size and placed in such a location so as to be readable from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches; and
C.
Continue to 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.
[Amended 8-3-2022 by Ord. No. 18-2022]
The Director of Community Development may issue rules and regulations for the administration of the provisions of this article and Article VII.
[Amended 8-3-2022 by Ord. No. 18-2022]
A.
Any owner or authorized agent 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. 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.
[Amended 8-4-2021 by Ord. No. 25-2021]
B.
For purposes of this article, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 145-47 of this article, or such other matters as may be established by the rules and regulations of the Director of Community Development shall be deemed to be violations of this article.
Nothing in this article is intended to nor shall be read to
conflict or prevent the Township from taking action against buildings
found to be unfit for human habitation or unsafe structures as provided
in applicable provisions of the Code of the Township of Pemberton.
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.
