[HISTORY: Adopted by the Mayor and Council of the Borough
of Essex Fells 7-17-2018 by Ord. No. 2018-997[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 206.
[1]
Editor's Note: This ordinance was originally adopted as Ch.
60 but was renumbered in order to maintain the alphabetical order
of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78, et seq., shall mean the following:
Except as provided in Section 6 of P.L. 2003, c. 210 (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 Zoning Officer that:
The property is in need of rehabilitation in the reasonable
judgment of the Zoning 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 Zoning 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 a determination by the
Zoning Officer pursuant to this section; or
The property has been determined to be a nuisance by the Zoning
Officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) so long as two-thirds or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the Zoning Officer and the property meets the criteria of either Subsection A(1) or (4) of this section.
A residential property shall not be considered vacant and abandoned
if there is an unoccupied building which is undergoing construction,
renovation, or rehabilitation and the building is in compliance with
all applicable ordinances, codes, regulations, and statutes; if there
is a building occupied on a seasonal basis, but otherwise secure;
or if there is a building that is secure but is the subject of a probate
action, action to quiet title, or other ownership dispute.
[Added 1-17-2023 by Ord. No. 2023-1070]
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 vacant for three 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 vacant or 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; 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; or any uncorrected violation
of a municipal building, housing or similar code during the preceding
year. Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq, shall also be deemed to be vacant property
for the purposes of this chapter.
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, Sec. 17), or any other entity determined by the Borough of
Essex Fells to have authority to act with respect to the property.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months, and
which exhibits evidence of vacancy such that a reasonable person would
believe that the property is vacant. Any property that contains all
building systems in working order, is being maintained on a regular
basis, has not been cited by the Borough for any violation of municipal
ordinance within such time and is being actively marketed by its owner
for sale or rental shall not be deemed vacant.
A.
The owner of any "vacant property," as defined herein, shall within
30 days after the building becomes vacant property or within 30 days
after assuming ownership of the vacant property, whichever is later,
file a registration statement for each such vacant property with the
Borough of Essex Fells Municipal Clerk on forms provided by the Clerk
for such purposes, as well as any additional information that the
Clerk may reasonably request. The registration shall remain valid
until the end of the calendar year. The owner shall be required to
renew the registration annually, no later than January 31 as long
as the building remains vacant property and shall pay a registration
or renewal fee for each vacant property registered.
B.
Any owner of any building that meets the definition of vacant property prior to the date of adoption of this chapter shall file a registration statement for that property on or before September 30. The registration statement shall include the information required under § 205-3 of this article, as well as any additional information that the Borough may reasonably require.
C.
The owner shall notify the Clerk within 30 days of any change in
the registration information by filing an amended registration statement
on a form provided by the Clerk for such purpose.
D.
The registration statement shall be deemed prima facie proof of the
information therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough of Essex Fells against
the owner or owners of the property.
A.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide the Borough
of Essex Fells Zoning Officer with access to the property, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal. If an inspection is required of the interior
of the property due to complaints or other cause, the fee for such
inspection shall be the same as that for a certificate of habitability
inspection.
B.
The registration statement shall include the name, street address,
and telephone number of a natural 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. The designated agent must have a contact number that will be
available 24 hours per day on an emergency basis. The statement shall
also include the name of the person responsible for maintaining and
securing the property, if different from the designated agent.
C.
An owner who is a natural person and who meets the requirements of
this article as to availability of a contact number on a twenty-four-hour
emergency basis may designate him- or herself as agent.
D.
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 purpose of this section until the owner notifies the Borough of
Essex Fells of a change of the 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.
The initial registration fee for each building that has become
vacant or abandoned property shall be $500. The fee for the first
renewal shall be $750. The fee for the second and any subsequent renewal
shall be $1,000.
A.
The owner of any building that has become vacant or abandoned property,
and any person maintaining, operating or collecting rent for any such
building that has become vacant, shall immediately post a sign affixed
to the door indicating the name, address and telephone number of the
owner, the owner's authorized agent for the purpose of service 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.
B.
Basic equipment and facilities. Every unoccupied or vacant 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. The property shall be winterized,
by the cessation of water service to the property, and the draining
of water lines.
(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.
(5)
Electrical and gas utility services shall be discontinued until the
property is again legally occupied or demolished, or until repair
or rehabilitation of the property is complete.
C.
Storage and boarding up of building.
(1)
No room within any vacant or unoccupied property shall be used for
storage of junk, rubbish or wastes, furniture or building materials
not intended to be used in the existing property.
(2)
The boarding up of doors and windows shall not be permitted except
with the permission of the Zoning Officer 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.
(3)
Buildings on vacant properties shall be secured against unauthorized
entry until the building is again legally occupied or demolished,
or until repair or rehabilitation of the property is complete.
D.
Safe and sanitary maintenance. All unoccupied or vacant properties
shall comply with the following minimum standards for safe and sanitary
maintenance:
(1)
Every foundation, exterior wall or exterior roof shall be weathertight,
watertight and rodent-proof, shall be kept in sound condition and
good repair and shall be safe to use and capable of supporting the
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 the 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, rodent-proof and locked and shall
be kept in sound condition and good repair.
(4)
Every inside and outside stair, porch and any appurtenance thereto
shall be safe to use and capable of supporting the 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 controlled 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's cellar, basement and crawl space shall be maintained
from excessive dampness and leakage.
(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 a level of maintenance in keeping
with the standards of the neighborhood and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
E.
Further responsibilities of owners. All owners of unoccupied or vacant
buildings shall be required to comply with the following standards:
(1)
Any yard area (front, side and rear) adjacent to an unoccupied or
vacant building shall be cleared and maintained free of trash, solid
debris or any other materials that cause litter to accumulate to unhealthy
and blighting proportions.
(2)
Grass and weeds shall not be permitted to grow or remain on the side,
front and/or rear yards of any unoccupied or vacant building so as
to exceed a height of 10 inches.
(3)
Unoccupied or vacant buildings shall not be utilized for storage
of any hazardous materials, whether solid or liquid, including the
yard portion of that building.
(4)
When a vacant dwelling is found to be infested with rats, termites,
roaches and/or any other insects and vermin, the owner shall undertake
an expedient means of extermination of such nuisances.
(5)
All doors and/or lids on appliances, on furniture utilized for storage
or on heating furnaces shall be locked in order to deny entry to an
individual where the potential for physical harm or death may result
should said door or lid close and prevent the individual's escape.
(6)
Provision shall be made for the cessation of the delivery of mail,
newspapers and circulars to the property.
F.
The standards and requirements of this section shall apply as long
as any dwelling remains vacant or unoccupied.
The Borough Administrator may issue rules and regulations for
the administration of the provisions of this article.
A.
Any owner 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 $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.
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 § 205-3, or such other matters as may be established by the rules and regulations of the Mayor and Council of the Borough of Essex Fells shall be deemed to be a violation of this article.
Nothing in this chapter is intended to nor shall be read to
conflict or prevent the Borough of Essex Fells from taking action
against buildings found to be unfit for human habitation or unsafe
structures as provided in applicable provisions of the Borough Code
and/or the Uniform Construction Code. 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.
[Amended 1-17-2023 by Ord. No. 2023-1070]
A.
Create a property registration program for the purposes of identifying
and monitoring properties within the Borough for which a summons and
complaint in an action to foreclose on a mortgage has been filed;
B.
Regulate the care, maintenance, security, and upkeep of the exterior
of vacant and abandoned properties for which a summons and complaint
in an action to foreclose has been filed; and
C.
Impose property registration fees on the creditor of properties on
an annual basis.
A.
CREDITOR
As used in this article:
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 the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this section, 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.
B.
A creditor filing a summons and complaint in an action to foreclose
shall, in addition to the notice provided to the Borough pursuant
to Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51), or Section
2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2), register the residential
or commercial property with the Borough's property registration
program as a property in foreclosure and, as part of that registration:
C.
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information.
D.
A creditor filing a summons and complaint in an action to foreclose
shall, if the registered property becomes vacant and abandoned after
the property is initially registered with the Borough, update the
property registration with the Borough to reflect the change in the
property's status.
E.
A creditor located out of state shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
A.
A creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program.
B.
The care, maintenance, security, and upkeep of the exterior of the
property includes, but is not limited to, securing the property against
unauthorized entry, posting a sign affixed to the inside of the property
and visible to the public indicating the name, address, and telephone
number of the creditor or an out-of-state creditor's in-state
representative or agent for the purpose of receiving service of process,
acquiring and otherwise maintaining liability insurance by procuring
a vacancy policy and covering any damage to any person or any property
caused by any physical condition of the property while registered
with the property registration program.
A property shall be considered vacant and abandoned if it is
not legally occupied by a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied because of the presence or finding
of at least two of the following:
A.
Overgrown or neglected vegetation;
B.
The accumulation of newspapers, circulars, flyers, or mail on the
property;
C.
Disconnected gas, electric, or water utility services to the property;
D.
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
E.
The accumulation of junk, litter, trash, or debris on the property;
F.
The absence of window treatments such as blinds, curtains, or shutters;
G.
The absence of furnishings and personal items;
H.
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
I.
Windows or entrances to the property that are boarded up or closed
off, or multiple windowpanes that are damaged, broken, and unrepaired;
J.
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
K.
A risk to the health, safety, or welfare of the public or any adjoining
or adjacent property owners due to acts of vandalism, loitering, criminal
conduct, or the physical destruction or deterioration of the property;
L.
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;
M.
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;
N.
A written statement issued by a mortgagor expressing the clear intent
of all mortgagors to abandon the property; or
O.
Any other reasonable indicia of abandonment.
The Borough Administrator may designate an officer or employee
with the responsibility to issue a notice to the creditor filing the
summons and complaint in an action to foreclose if the public officer
or other authorized municipal official determines that the creditor
has violated this article. In the case of a violation for failure
to provide care, maintenance, security, and upkeep of the exterior
of vacant and abandoned property, such notice shall require the person
or entity to correct the violation within 30 days of receipt of the
notice or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
The annual fee for a creditor required to register a property
pursuant to this article shall be:
A.
$500 per property annually for any property that is required to be
registered because a summons and complaint in an action to foreclose
was filed by the creditor; and
B.
An additional $2,000 per property annually if the property is vacant
or abandoned pursuant to the definition in this article when the summons
and complaint in an action to foreclose is filed or becomes vacant
and abandoned at any time thereafter while the property is in foreclosure.
A.
An out-of-state creditor found by the Municipal Court, or by any
other court of competent jurisdiction, to be in violation of the requirement
to appoint an in-state representative or agent pursuant to this article
shall be subject to a fine of $2,500 for each day of the violation.
Any fines imposed on a creditor for the failure to appoint an in-state
representative or agent shall commence on the day after the ten-day
period set forth in Paragraph (1) of Subsection a of Section 17 of
P.L. 2008, c. 127 (N.J.S.A. 46:10B-51), or Paragraph (1) of Subsection
a of Section 2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2), for providing
notice to the Municipal Clerk that a summons and complaint in an action
to foreclose on a mortgage has been served.
B.
A creditor found by the municipal court, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection A of this section, shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following receipt of the notice of violation, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
C.
No less than 20% of any money collected pursuant to this section
shall be utilized by the Borough for municipal code enforcement purposes.
