[Adopted 7-8-2013 by Ord.
No. 13-13]
[Amended 8-11-2014 by Ord. No. 2014-05; 6-8-2020 by Ord. No. 20-06]
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Merchantville.
Any condition that on its own, or combined with other conditions
present, presents the indicia that the property is vacant. Such conditions
may include, but are not limited to, overgrown and/or dead vegetation;
past-due utility notices and/or disconnected utilities; accumulation
of trash, junk or debris; abandoned vehicles, auto parts or materials;
the absence of furnishings and/or personal items consistent with habitation
or occupancy; the presence of an unsanitary, stagnant swimming pool;
the accumulation of newspapers, circulars, flyers, mail and/or mail
being returned, or statement by neighbors, passersby, delivery agents
or government agents; or the presence of boards over doors, windows
or other openings in violation of applicable codes.
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor’s rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities.
Any person, persons or entity who is not the owner, who has
charge, care and control of a premises or part thereof, with or without
the knowledge, consent or authority of the owner. Operator shall also
include a creditor, as defined in P.L. 2014, c. 5, that has served
a notice of intention to foreclose on a mortgage on a residential
or commercial property pursuant to P.L. 1960B, c. 244, and that property
has become vacant after the filing of this intention to foreclose.
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, Sec. 17 as amended by P.L. 2009, c. 296), or any other entity
determined by the Borough of Merchantville to have authority to act
with respect to the property.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Borough limits.
Means the title holder of a vacant and abandoned property
or a creditor responsible for the maintenance of a property pursuant
to section 17 of P.L. 2008, c. 127 (C. 46:10B-51).
[Added 2-14-2022 by Ord. No. 22-02]
Six months from the date of the first action that requires
registration, as determined by the Borough, or its designee, and every
subsequent six months. The date of the initial registration may be
different than the date of the first action that required registration.
Any utility that is essential for a building to be habitable.
This includes, but is not limited to electric, gas, water, and/or
sewer.
Any residential or commercial building which is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, and at which at least two of the
following conditions exist:
[Added 2-14-2022 by Ord.
No. 22-02]
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, electric or water utility services to the
property;
The accumulation of hazardous, noxious or unhealthy substances
or materials on the property;
The accumulation of junk, litter trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damages, broken and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged or continuously unlocked;
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;
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;
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;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
Any parcel of land in the Borough that contains any building
or structure that is not lawfully occupied, or inhabited by human
beings which may be as evidenced by the conditions set forth in the
definition of "evidence of vacancy" above, which is without lawful
tenant, or lawful occupant or without a certificate of occupancy.
[Amended 8-11-2014 by Ord. No. 2014-05; 6-8-2020 by Ord. No. 20-06; 2-14-2022 by Ord. No. 22-02]
The responsible party of any vacant property as defined herein
shall, within 30 calendar days after the building becomes vacant property
or within 30 calendar days after assuming control of the vacant property,
whichever is later; or within 10 calendar days of receipt of notice
by the municipality, file a registration statement for such vacant
property with the Property Maintenance Inspector on forms provided
by the Borough of Merchantville for such purposes. Failure to receive
notice by the municipality shall not constitute grounds for failure
to register the property.
A.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
B.
The registration statement shall include the name, street address,
telephone number and e-mail address (if applicable) of a person 21
years or older, designated by the responsible party or parties 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 or responsible parties in connection
with the enforcement of any applicable code; and the name, street
address, telephone number and e-mail address (if applicable) of the
firm and the actual name(s) of the firm's individual principal(s)
responsible for maintaining the property. The individual or representative
of the firm responsible for maintaining the 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. Both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey.
C.
The registration shall remain valid for one year from the date of registration, except for the initial registration time, which shall be pro-rated through December 31. The responsible party 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 § 60B-21, for each vacant property registered.
D.
The annual renewal shall be completed by January 1st each year. The
initial registration fee shall be pro-rated for registration statements
received less than 10 months prior to that date.
E.
The responsible party shall notify the Borough Clerk within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Borough Clerk for
such purpose.
F.
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 responsible
party or responsible parties of the building.
The responsible party of any vacant property registered under
this Article shall provide access to the Borough to conduct exterior
and interior inspections of the building to determine compliance with
municipal codes, upon reasonable notice to the property responsible
party or the designated agent. Such inspections shall be carried out
on weekdays during the hours of 8:00 a.m. and 4:00 p.m., or such other
time as may be mutually agreed upon between the responsible party
and the Borough.
A.
A responsible party who meets the requirements of this Article with
respect to the location of his or her residence or workplace in the
State of New Jersey may designate him or herself as agent or as the
individual responsible for maintaining the property.
B.
By designating an authorized agent under the provisions of this section,
the responsible party 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 responsible
party 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 responsible party notifies the Borough in writing of a change
of authorized agent or until the responsible party files a new annual
registration statement.
C.
Any responsible party who fails to register vacant property under
the provisions of this Article shall further be deemed to consent
to receive by posting on the building, in plain view, and by service
of notice at the last known address of the responsible party of the
property on record within the Borough of Merchantville by regular
and certified mail, any and all notices of code violations and all
process in an administrative proceeding brought to enforce code provisions
concerning the building.
On or before the 45th day after notification of the responsible
party by the Borough that the property is vacant and abandoned and
until the property is reoccupied, the responsible party for a vacant
and abandoned property shall
A.
Enclose and secure the property against unauthorized entry;
B.
Post a sign affixed to the inside of the property and visible to
the public indicating the name, address, and telephone number of the
responsible party, any authorized agent designated by the responsible
party for the purpose of receiving service of process, and the person
responsible for maintaining the property if different from the responsible
party or authorized against; and
C.
Acquire and otherwise maintain liability insurance by procuring a
vacancy policy covering any damage to any person or any property caused
by any physical condition of the property.
A.
Any person who violates any provision of this Article shall, upon
conviction in the Municipal Court of the Borough of Merchantville,
or such other court having jurisdiction, be liable to a fine not exceeding
$1,250, or imprisonment for a term not exceeding 90 days, or community
service for a term not exceeding 90 days, or all of the above. Each
day that a violation occurs shall be deemed a separate and distinct
violation, subject to the penalty provisions of this Article.
B.
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming the status of a responsible
party of a vacant property, whichever is later, or within 10 calendar
days of receipt of notice by the municipality, and failure to provide
correct information on the registration statement, or failure to comply
with the provisions of such provisions contained herein shall be deemed
to be violations of this Article.
C.
Any penalty imposed pursuant to this section shall be recoverable
by a summary proceeding under the "Penalty Enforcement Law of 1999,"
P.L. 1999, c. 274 (C. 2A:58-10, et seq.). The Superior Court, Law
Division, Camden County, or the Municipal Court of the Borough of
Merchantville shall have jurisdiction to enforce such penalty.
[Amended 8-11-2014 by Ord. No. 2014-05; 2-14-2022 by Ord. No. 22-02]
[Amended 2-14-2022 by Ord. No. 22-02]
[Amended 6-8-2020 by Ord. No. 20-06; 2-14-2022 by Ord. No. 22-02]
[Amended 8-11-2014 by Ord. No. 2014-05; 2-14-2022 by Ord. No. 22-02]
[Amended 8-11-2014 by Ord. No. 2014-05; ]
