Article
I shall be known as and may be cited as "Vacant Property Registration, Maintenance and Compliance Monitoring Ordinance."
For the purposes of this chapter, certain words and phrases
used in this chapter are defined as follows:
ABANDONED PROPERTY LIST
Inventory and identification of abandoned property P.L. 1996
c. 62 (N.J.S.A. 55:19-55). A qualified municipality that has designated
or appointed a public officer pursuant to section 3 of P.L. 1942,
c.112 (N.J.S.A. 40:48-2.5), may adopt an ordinance directing the public
officer to undertake an inventory of abandoned property in those areas
designated for redevelopment pursuant to the "Local Redevelopment
and Housing Law," P.L. 1992, c.79 (N.J.S.A. 40A:12A-1 et seq.). The
ordinance may direct the public officer to exclude from the inventory
of abandoned property that property for which the expense to the municipality
of determining the cost of environmental remediation required under
state or federal law would be excessive, in the judgment of the municipal
governing body. Each item of abandoned property on the inventory shall
include the tax block and lot number, the name of the owner of record,
if known, and the street address of the lot. In those municipalities
in which an inventory has been conducted, the public officer shall
maintain a list of abandoned property, to be known as the "abandoned
property list." An abandoned property shall not be included on the
abandoned property list if rehabilitation is being performed in a
timely manner.
ACCESSIBLE PROPERTY
A property that is accessible through direct access, a compromise/breached
gate, fence, wall, etc.
ACCESSIBLE STRUCTURE
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
AGREEMENT
Any agreement or written instrument, which provides that
title to a property, shall be transferred or conveyed from one owner
to another owner after the sale, trade, transfer or exchange.
BENEFICIARY
An entity under a note secured by a mortgage, deed of trust
or similar document.
BUYER
Any person, copartnership, association, corporation, or fiduciary
who agrees to transfer anything of value in consideration for property
described in an agreement of sale, as defined in this section.
DANGEROUS BUILDING
Any building/structure that is violation of any condition referenced in Chapter
540, Buildings, Abandoned and Dangerous, of the Borough Code.
DAYS
Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE
A recorded document that transfers ownership of a property
from the fee owner to a mortgagor, lien holder, or beneficiary of
the deed of trust.
DEED OF TRUST
An instrument by which title to real estate is transferred
to a third party trustee as security for a real estate loan, definition
applies to any and all subsequent deeds of trust, i.e., second trust
deed, third deed, etc.
DEFAULT
The failure to fulfill a contractual obligation, monetary
or conditional.
ENFORCEMENT AUTHORITY
The Code Enforcement Department and its respective inspectors,
including, but not limited to the Construction Department, Health
Department, Police Department, Fire Department and Department of Public
Works shall also have enforcement authority with respect to this ordinance.
The Mayor, with the advice and consent of Council, may also designate,
when necessary, additional enforcement duties for other Borough departments.
EVIDENCE OF VACANCY
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 Sheriff's 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, passerby, delivery
agents, government employees that the property is vacant.
FORECLOSURE
The process by which property, placed as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
INITIATION OF THE FORECLOSURE PROCESS
Any of the following actions taking by a mortgagee against
the borrower or mortgagor of a property:
A.
Taking possession of the property;
B.
Delivering a mortgagee's notice of intention to foreclose
to the borrower;
C.
Commencing a foreclosure action or filing a lis pendens in the
Superior Court of New Jersey.
INTERESTED PARTY
Any person, copartnership, association, corporation, or fiduciary
authorized by the owner of record to act in the owner's behalf.
LOCAL
Within 10 road/driving miles' distance of the subject property.
MORTGAGE
A lien against real estate granted to serve an obligation,
including a deed of trust.
MORTGAGEE
An individual, individuals or business entity to which a
property is mortgaged, including but not limited to the creditor,
service companies, lenders in a mortgage agreement and any agent,
servant or employee of the mortgagee, or any successor in interest
and/or assignee of the mortgagee's rights, interests or obligations
under the mortgage agreement.
MORTGAGOR
The person who has borrowed money and pledged his/her real
property as security for the debt, i.e., granted a mortgage or gives
property as security.
NEIGHBORHOOD STANDARD
Those conditions that are present on a simple majority of
properties within a one-hundred-yard radius of an individual property.
A property that is the subject of a neighborhood standard comparison,
or any other property within the one-hundred-yard radius, shall be
counted toward the simple majority.
NOTICE OF DEFAULT
A recorded notice that a default has occurred under a mortgage
or deed of trust and that the mortgagee or beneficiary intends to
proceed with a foreclosure proceeding.
OUT OF AREA
In excess of 10 road/driving miles' distance of the subject
property.
OWNER
Every mortgagor, mortgagee, trustee, agent, real estate agency,
property manager or interested parties, who alone or severally with
others:
A.
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise; or
B.
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
C.
Is a mortgagee in possession of any such property; or
D.
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
E.
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 ordinance 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
F.
Every person who operates a rooming house; or
G.
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
OWNER OF RECORD
The person having recorded title to the property at any given
point in time as set forth in the records recorded with the Registrar
of Deeds of Union County.
PROPERTY
Any unimproved or improved real property, real estate, residential
property, commercial property or portion thereof, located in the Borough
of Roselle, including buildings or structures situated on the property
regardless of condition. For purposes of this section only, "property"
does not include property owned or subject to the control of the Borough
or any of its governmental bodies or agencies, including, but not
limited to, property owned or controlled by the Roselle Board of Education.
[Amended 6-14-2017 by Ord. No. 2563-17]
RESIDENTIAL BUILDING
Any improved real property, or portion thereof, situated
in the Borough, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property. This includes any real property being offered for sale,
trade, transfer, or exchanges as "residential" whether or not it is
legally permitted and/or zoned for such use.
RESIDENTIAL PROPERTY
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
SECURING
Such measures as may be directed by the Borough 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/pad locking
of gates, the repair, replacement or boarding of door, window 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.
TRUSTEE
The person, firm or corporation holding a deed of trust on
a property.
TRUSTOR
A borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
VACANT
A building, structure, property or unimproved land that is
unoccupied, not legally occupied, not properly maintained or not properly
secured.
Within 10 days of the acquisition of title by deed in lieu of
foreclosure or Sheriff sale by the mortgagor/trustee or interested
party, such party shall record, with the Borough of Roselle Code Enforcement
Department, documents that list the name of the corporation, and/or
individual, the mailing address and contact phone number of the new
owner/beneficiary/trustee responsible for receiving payments associated
with the mortgage/deed of trust.
[Amended 6-14-2017 by Ord. No. 2563-17]
A. Any mortgagor, mortgagee, trustee or owner, who holds a deed or a
mortgage on a vacant and/or foreclosing property located within the
Borough of Roselle, must register the property with the Code Enforcement
Department and perform an inspection of the property. If the property
is found to be vacant or shows evidence of vacancy, by the mortgagor,
mortgagee, trustee, owner or enforcement authority, it is, by this
chapter, deemed vacant and each of the mortgagor, mortgagee, trustee,
or owner shall, within 30 days of the inspection, register the property
with the Code Enforcement Official, or his or her designee on forms
provided by the Borough.
B. All registrations must state the mortgagor, mortgagee, trustee, owner,
agent, property manager or other interested parties; that are responsible
for the security maintenance and marketing of the property, direct
name, phone number and mailing address. The mailing address may not
be a P.O. Box. This registration must also certify that the property
was inspected and identify whether the property is vacant at the time
of filing.
C. If the property is vacant, the mortgagor, mortgagee, trustee, owner, agent, property manager or other interested parties must designate and retain an individual, property management company or interested party; responsible for the security and maintenance of the property. This designation must state the individual, property management company or interested parties direct name, phone number and mailing address. The mailing address may not be a P.O. Box. If the property is in the process of foreclosure, then the registration must be received within seven days of the "initiation of the foreclosure process" as defined in §
632-3, Definitions, hereinabove. If the enforcement authority determines that the property is vacant and the foreclosure proceedings have not been initiated, the registration must be received within 30 days of the enforcement authority's first notice of violations or summons for improper security and/or maintenance.
D. The registration shall include the insurance certificate required under §
632-8, Maintenance requirements; as defined therein as well as any additional information that the enforcement authority may reasonably require. Each property having a separate tax block and lot number shall be registered separately.
E. 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 Borough against the owner or
owners of the property.
F. An annual escalating registration fee shall accompany the registration
form. The fee and registration shall be valid for the calendar year,
or remaining portion of the calendar year in which the registration
was initially required. All fees are nonrefundable. In the event the
property remains vacant, subsequent registrations and fees are due
January 1 of each year and must be received no later than January
31 of the year due.
G. 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 deed of trust or mortgage and any properties transferred under
a deed in lieu of foreclosure.
H. Properties subject to this chapter shall remain under the annual
registration requirement, security and maintenance standards of this
section as long as such properties remain vacant.
I. Once the property is no longer vacant or is sold or otherwise transferred,
the owner must provide proof of sale, transfer or occupancy to the
Code Enforcement within 30 days of sale, transfer or occupancy.
J. Governmental agencies, other than the Borough or any of its governmental bodies or agencies, including, but not limited to, the Roselle Board of Education, are required to pay the annual registration fees and are also required to follow §
632-8, Maintenance requirements, §
632-9, Security requirements, and §
632-10, Additional authority, hereinafter defined.
K. Any person, firm or corporation that has registered a property under
this chapter must report any change of information contained in the
registration within 10 days of the change.
The initial fee for registering a vacant property shall be $500.
The initial registration fee shall be prorated at a rate of $41.66
per month or the initial registration fee divided by 12 multiplied
by the remaining number of months in the initial registration calendar
year. The fee for the first renewal is $1,500, and the fee for the
second renewal is $3,000. The fee for any subsequent renewal beyond
the second renewal is $5,000.
Vacant Property Registration Fee Schedule
|
---|
Initial registration
|
$500
|
First renewal
|
$1,500
|
Second renewal
|
$3,000
|
Any subsequent renewal
|
$5,000
|
The Code Enforcement Officer may issue rules and regulations
for the administration of the provisions of this ordinance.
In addition to the enforcement remedies established in Chapter
632 of the Borough Code, the Code Enforcement Officer or his or her designee shall have the authority to require any mortgagor, mortgagee, trustee, owner and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of on-site security guard or other measures as may be reasonably required to arrest the decline of the property.
At any time after filing a registration form or renewal of registration
form, the owner of any vacant property shall provide access to the
enforcement authority to conduct exterior and interior inspections
of the building to determine compliance with municipal codes, on reasonable
notice to the property owner or interested party and to issue summonses
for any violations.
This article shall be known as and may be cited as "Abandoned
Property List; Maintenance and Compliance Monitoring Ordinance."
The Public Officer as designated herein is hereby directed to
identify abandoned properties within the municipality, place said
properties in an abandoned property list as provided in Section 36
of P.L. 1996, c.62 (N.J.S.A. 55:19-55), as amended by Section 28 of
P.L. 2003, c.210, and provide such notices and carry out such other
tasks as are required to effectuate an abandoned property list as
provided by law.
The abandoned property list shall apply to the Borough of Roselle
as a whole.
The Code Enforcement Officer and the Borough Administrator,
is hereby designated as the Public Officer for the purpose of carrying
out the responsibilities established by this ordinance, and shall
have all the responsibilities and powers provided by law.
The Public Officer as designated herein shall exercise the authority
granted the municipality pursuant to Section 13 of P.L.2003, c. 210,to designate qualified rehabilitation entities to act as
a designee of the municipality with respect to provisions of that
section.
The public officer shall provide a report to the governing body
every six months, with respect to the number and location of properties
on the abandoned property list, the status of those properties, and
any actions taken by the Borough or by any qualified rehabilitation
entity designated pursuant to the authority granted the public officer
with respect to any property on the list or any other abandoned property
within the Borough of Roselle.
Properties subject to this section shall be required to comply with the standards set forth in §
632-8 above.
Properties subject to this section shall be maintained in accordance with the requirements of §
632-9 set forth above.