As used in this section, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78, et seq., shall mean the following:
A.
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 Construction Official that:
(1)
The property is in need of rehabilitation in the reasonable
judgment of the Construction Official, and no rehabilitation has taken
place during that six-month period;
(2)
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 Construction Official pursuant
to this section;
(3)
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 (see N.J.S.A. 54:4-1, et seq.) as of the
date of a determination by the Construction Official pursuant to this
section; or
(4)
The property has been determined to be a nuisance by the Construction
Official in accordance with Section 5 of P.L. 2003, c.210 (N.J.S.A.
55:19-82).
B.
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 seq.) 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 Construction Official and the property meets
the criteria of either Subsection A(1) or Subsection A(4).
EVIDENCE OF VACANCY
A.
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 window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
B.
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 section.
OWNER
Shall include 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, § 17), any debtor in possession of the property,
or any other entity determined by the Township of Mendham to act with
respect to the property.
VACANT 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 Township 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. Each block and lot
shall be a separate property.
The initial registration fee for each building shall be $250.
The fee for the first renewal is $500. The fee for any subsequent
renewal is $1,000. After five years, the registration fee shall be
$5,000. The initial fee shall be prorated according to the month of
registration and renewal fees shall be credited when a property becomes
legally occupied during a renewal period.
Vacant and Abandoned Property Registration Fee Schedule
|
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Registration
|
Fee
|
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Initial registration
|
$250
|
First renewal
|
$500
|
Any subsequent renewal up to five years
|
$1,000
|
After five years
|
$5,000
|
The Township Committee of the Township of Mendham shall issue
rules and regulations for the administration of the provisions of
this section.
Nothing in this section is intended to nor shall be read to
conflict or prevent the Township of Mendham 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
Mendham 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
section.