[Adopted 11-15-2018 by Ord. No. 26-18]
For purposes of this article, the following terms are defined as set forth herein:
MUNICIPAL OFFICER
The Business Administrator or such official within that department as may be designated by the Director in writing.
OWNER
Includes any private title holder, any agent of a private title holder having authority to act with respect to a vacant property (as defined herein), 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 municipal officer of the City of Trenton to have authority to act with respect to the vacant property. This article exempts any municipal, county, state or federal government owner of a vacant property. However, nothing contained in this article shall be construed as granting an exemption from property maintenance or other obligations imposed by any other statute, regulation or ordinance.
VACANT PROPERTY
Any building or structure which is not at present legally occupied or at which all lawful business or construction operations or residential or other occupancy have substantially ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including, but not limited to, any property meeting the definition of abandoned property pursuant to the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78, et seq. However, a building shall not be deemed vacant property for the purposes of this article if:
A. 
The building is habitable and in which all building systems are in sound working order, the building and grounds are maintained in good condition, and which is being actively marketed by its owner for sale or rental; or
B. 
The building is scheduled for demolition within 30 days after the date on which the initial registration fee or renewal fee is due.
A. 
Effective on January 1, 2021, the owner of any vacant property shall, within 30 days after the building becomes vacant property or within 30 days after assuming ownership of vacant property, whichever is later, or within 10 days of receipt of notice by the City that the vacant property poses an imminent threat to the health and safety of the residents, file a registration statement for such vacant property with the municipal officer on forms provided for that purpose by the municipal officer along with any fee required by this article. Failure to receive notice by the City shall not constitute grounds for failing to register a vacant property.
[Amended 4-12-2023 by Ord. No. 08-23]
B. 
Each vacant property having a separate tax block and lot number shall be registered separately.
C. 
The registration shall include the information required under § 262-66 of this article, the insurance certificate required by § 262-69 of this article, as well as any additional information that the municipal officer may reasonably require.
D. 
The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in § 262-67 for each vacant property registered.
E. 
For purposes of efficient administration, the municipal officer may establish a single date in each year upon which all registrations shall be renewed, in which case the initial registration fee shall be pro-rated for any property that has become a vacant property less than 10 months prior to that date.
F. 
Rehabilitation and restoration of vacant property.
(1) 
Any owner of vacant property who submits: (i) plans to the Department of Inspections demonstrating that the building or structure will be completely rehabilitated and restored to productive use and occupancy within the twelve-month period following the date of the initial or renewal property registration; or (ii) a notarized letter from a licensed contractor or architect stating that the building or structure is capable of being completely rehabilitated and restored to productive use and occupancy within the twelve-month period following the date of the initial or renewal property registration, and such owner undertakes the rehabilitation of the vacant property, shall be exempt from payment of the registration fee. The owner must still comply with all other provisions of this article. In the event that an exemption is granted as provided herein but the building or structure has not been restored to productive use and occupancy at the end of the twelve-month period following the date of the initial or renewal property registration, the owner shall be liable for any fee waived and shall also be required to pay the renewal fee as identified in § 262-67 of this article. The municipal officer may extend the waiver of the registration fee for not more than one additional year in response to a written request by the owner where the Municipal Officer finds that compelling conditions outside the owner's control made it impossible for the owner to restore the property within the initial twelve-month period.
(2) 
Where the owner is an entity experienced in rehabilitation or redevelopment of vacant properties, and where the vacant property is being held for a project of rehabilitation or redevelopment consistent with municipal plans and ordinances, and where by virtue of financing, marketing or other conditions the project may require more than one year for realization, the municipal officer may extend the waiver of the registration fee on an annual basis without limitation upon written request by the owner as long as the municipal officer finds that the owner is making reasonable progress toward completion of the project. The owner shall provide the municipal officer with such documentation, which may include plans, financing applications, applications for land use and other governmental approvals or other evidence of progress.
G. 
The owner shall notify the municipal officer within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Municipal Officer for such purpose.
H. 
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 City against the owner or owners of vacant property.
I. 
The municipal officer is authorized to draft, implement and enforce rules and regulations to effect the provisions and purposes of this article. Such rules and regulations shall be made available on the City's website and in the Department of Housing and Economic Development.
At any time after filing a registration statement or a renewal registration statement, the owner of any vacant property shall provide access to the City to conduct exterior and interior inspections of the building to determine compliance with municipal codes, on reasonable notice to the owner or a designated agent.
A. 
The registration statement shall include: (i) the name, street address, e-mail 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; and (ii) the name, street address, e-mail address and telephone number of the firm or individual responsible for maintaining the vacant 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.
B. 
An owner who is a natural person may designate him- or herself as agent or as the individual responsible for maintaining the vacant property.
C. 
By designating an authorized agent under 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 and 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 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 municipal officer in writing of a change of authorized agent or until the owner files a new annual registration statement.
D. 
Any owner who fails to register a vacant property under this article shall further be deemed to consent to receive, by posting at or on the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
A. 
The registration and renewal fee for each vacant property shall be as follows:
Initial registration
$250 or prorated amount per § 262-64E
First renewal
$400
Second renewal
$750
All subsequent renewals
$1,000 or 5% of the assessed value, whichever is greater
B. 
Not less than 20% of the funds collected pursuant to this article shall be used for the sole purpose of carrying out municipal activities with respect to vacant and abandoned properties, including, but not limited to, code enforcement, abatement of nuisance conditions, stabilization, rehabilitation, demolition, acquisition, and other activities designed to minimize blight and/or promote further productive reuse of vacant property.
The owner of any structure that has become vacant property, and any person responsible for maintaining any such building that has become vacant, within 30 days of the structure becoming vacant or 30 days of the owner taking title to the vacant property shall:
A. 
Enclose and secure the structure as provided in the applicable ordinances and Code of the City or as set forth in rules and regulations implemented by the municipal officer pursuant to § 262-64I, herein.
B. 
Ensure that the grounds of the structure, including yards, fences, sidewalks, walks and driveways, are well maintained and kept free from trash or debris.
C. 
Post a sign affixed to the structure with the name, address and telephone number of the owner and the owner's authorized agent for the purpose of service of process, and the name, address and telephone number of the entity responsible for maintenance of the vacant property, which may be the same as the authorized agent. The sign shall be at least eight inches by 24 inches in dimension, shall include the words "to report problems with this building, call. . . .", and shall be placed in a location where it is clearly visible from the nearest public street sidewalk; and
D. 
Maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied or demolished or until repair or rehabilitation of the building is complete.
A. 
The owner of any vacant property shall acquire or otherwise maintain liability insurance in an amount of not less than $300,000 for buildings designed primarily for one- to four-unit residential use and not less than $1,000,000 for any other building, including, but not limited to, buildings designed for multifamily, manufacturing, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building.
B. 
Any insurance policy acquired or renewed after the building has become vacant shall provide for written notice to the municipal officer within 30 days of any lapse, cancellation or change in coverage. The owner shall attach evidence of the insurance to the owner's registration statement. Any registration statement submitted that does not include such evidence shall not be deemed to be a valid registration.
Any person who violates any provision of this article or any provision of the rules and regulations issued hereunder shall be fined not less than $250 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 upon the vacant property.
If any portion of this article is determined to be invalid by a court of competent jurisdiction, that determination shall have no effect upon the remainder of this article, which shall remain valid and operable.