[Adopted 7-7-2009 as Ord.
No. 14-2009; amended in its entirety 12-21-2010 by Ord. No. 33-2010; effective December 30, 2010]
For purposes of this Article, the following terms are defined
as set forth herein:
The title holder, any agent of the title holder having authority
to act with respect to a vacant 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 (P.L. 2008, c. 127, Sec. 17 as amended by P.L.
2009, c. 296), or any other entity determined by the City of Orange
Township to have authority to act with respect to the property.
Any building or structure which is not legally occupied or
at which all lawful business or construction operations or residential
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
vacant property in N.J.S.A. 55:19-80; provided, however, that any
property where all building systems are in working order, where the
building and grounds are maintained in good order, and which is being
actively marketed by its owner for sale or rental, shall not be deemed
a vacant property for purposes of this Article.
A.
The owner of any vacant property as defined herein shall within thirty
(30) days after the building becomes vacant property or within thirty
(30) days after assuming ownership of the vacant property, whichever
is later; or within ten (10) days of receipt of notice by the municipality,
file a registration statement for such vacant property with the Public
Officer on forms provided by the Public Officer for such purposes.
Failure to receive notice by the municipality shall not constitute
grounds for failing to register the property.
B.
Each property having a separate tax block and lot number shall be
registered separately.
D.
The registration shall remain valid for one (1) year from the date of registration. 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 Section 156-106 for each vacant property registered.
E.
The Public Officer may establish for purposes of efficient administration
that all registrations shall be renewed by a single date in each year,
which date shall be established by the Public Officer in which case
the initial registration fee shall be pro-rated for registration statements
received less than ten (10) months prior to that date.
F.
Any owner of vacant property who plans to restore the property to
productive use and occupancy during the twelve-month period following
the date of the initial registration of the property shall file a
detailed statement of the owner's plans for restoration of the property
with the registration statement and shall be exempt from payment of
the registration fee, but shall comply with all other provisions of
this Article, and shall be subject to the municipal cost reimbursement
requirements of Section 156-106C of this Article. In the event that
the property has not been restored to productive use and occupancy
at the end of the twelve- month period, the owner shall be liable
for any fee waived. The Public Officer may extend the waiver of the
registration fee for not more than one (1) additional year in response
to a written request by the property owner where the Public 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.
G.
The owner shall notify the Public Officer within thirty (30) days
of any change in the registration information by filing an amended
registration statement on a form provided by the Public 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 the building.
At any time after filing a registration statement or a renewal
of a 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 property owner or the designated agent.
A.
The registration statement shall include the name, street address
and telephone number of a natural person twenty-one (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 the name, street address and a telephone
of the firm or individual responsible for maintaining the property.
The individual or a representative of the firm responsible for maintaining
the property shall be available by telephone or in person on a 24-hour
per day, seven-day per week basis. The two (2) entities may be the
same or different persons. Both entities shown on the statement must
maintain offices in the State of New Jersey or in the County of Essex
or reside within the State of New Jersey.
B.
An owner who is a natural person and who meets the requirements of
this Article with respect to the location of his or her residence
or workplace may designate him or herself as agent or as the individual
responsible for maintaining the property.
C.
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 purposes of this section until the owner notifies the Public 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 the provisions
of this Article shall further be deemed to consent to receive, by
posting at the building, any and all notices of code violations and
all process in an administrative proceeding brought to enforce code
provisions concerning the building.
The registration and renewal fee for each building shall be
as follows:
|
Initial registration
|
$250 or prorated amount per Section 156-103D of this Article
|
|
First renewal
|
$500
|
|
Second renewal
|
$1000
|
|
Any subsequent renewal
|
$2500
|
The owner of any structure that has become vacant property,
and any person responsible for maintaining any such building that
has become vacant shall within thirty (30) days of the structure becoming
vacant or thirty (30) days of the owner taking title to the property
shall:
A.
Enclose and secure the structure as provided in the applicable codes
of the City of Orange Township, or as set forth in rules and regulations
adopted by Municipal Council to supplement those codes.
B.
Ensure that the grounds of the structure, including yards, fences,
sidewalks, walks and driveways, are well-maintained and free from
trash or debris.
C.
Post a sign affixed to the structure indicating 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 property,
which may be the same as the owner or authorized agent. If the structure
is set back from the street the sign may be posted on a well-secured
post or stake in the front yard of the property. The sign shall be
at least eighteen by twenty-four (18" x 24") inches in dimension,
shall include the words "to report problems with this building, call
973-266-4051, and shall be placed in a location where it is clearly
legible from the nearest public street or sidewalk, whichever is nearer;
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.
The owner of any vacant property shall acquire or otherwise
maintain liability insurance, in an amount of not less than three
hundred thousand dollars ($300,000.) for buildings designed primarily
for use as residential units and not less than one million dollars
($1,000,000.) for any other building, including, but not limited to,
buildings designed for manufacturing, industrial, storage or commercial
uses, covering any damage to any person or any property caused by
any physical condition of or in the building. Any insurance policy
acquired or renewed after the building has become vacant shall provide
for written notice to the Public Officer within thirty (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.
The Public Officer may issue rules and regulations for the administration
of the provisions of this Article.
A.
Any person who violates any provision of this ordinance or of the
rules and regulations issued hereunder shall be fined not less than
five hundred dollars ($500.) and not more than one thousand dollars
($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.
B.
For purposes of this Article, failure to file a registration statement within thirty (30) days after a building becomes vacant property or within thirty (30) days after assuming ownership of a vacant property, whichever is later; or within ten (10) days of receipt of notice by the municipality, failure to provide correct information on the registration statement, failure to comply with the provisions of Sections 156-107 or 156-108 of this Article, or such other matters as may be established by the rules and regulations of the Public Officer shall be deemed to be violations of this Article.
