[Added 7-13-2016 by Ord.
No. 1817-2016]
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 C. 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 Department of Code Enforcement to have authority to act with
respect to the property. Owner shall apply to any creditor filing
a summons and complaint to foreclose a lien on a residential property
that is vacant and abandoned, whether the filing of the summons and
complaint is made before or after the determination that the property
is vacant and abandoned.
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, 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 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, or where the
building is in habitable condition, and where the building is being
actively marketed by its owner for sale or rental, shall not be deemed
a vacant property for purposes of this chapter.
[Added 7-13-2016 by Ord.
No. 1817-2016]
Effective August 1, 2016, the owner of any vacant property as
defined herein shall, within thirty (30) calendar days after the building
becomes vacant property or within thirty (30) calendar days after
assuming ownership of the vacant property, whichever is later; or
within ten (10) calendar days of receipt of notice by the municipality,
file a registration statement for such vacant property with the Property
Registration Form provided by the Department of Code Enforcement for
such purposes. Failure to receive notice by the municipality shall
not constitute grounds for failing 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 email address (if applicable) of a 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,
telephone number and email 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 24-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 (1) year from the date
of registration, except for the initial registration time, which shall
be pro-rated through December 31st. 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 this chapter, for each vacant property registered.
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 this chapter, 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 ten (10) months prior to that date.
E. The owner shall notify the Department of Code Enforcement within
thirty (30) calendar days of any change in the registration information
by filing an amended registration statement on a form provided by
the Department of Code Enforcement 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 Department of Code Enforcement
against the owner or owners of the building.
[Added 7-13-2016 by Ord.
No. 1817-2016]
The owner of any vacant property registered under this chapter
shall provide access to the Department of Code Enforcement to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
or the designated agent. Such inspections shall be carried out on
weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such other
time as may be mutually agreed upon between the owner and the Department
of Code Enforcement.
A. An owner who meets the requirements of this chapter with respect
to the location of his/her residence or workplace in the State of
New Jersey may designate himself/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 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 purpose of this section until the owner notifies the Borough,
in writing, of a change of authorized agent or until the owner files
a new annual registration statement.
Any owner who fails to register vacant property under the provisions
of this chapter 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 owner of the property on record with
the City 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.
[Added 7-13-2016 by Ord.
No. 1817-2016]
The initial registration fee for each building shall be five
hundred dollars ($500). The fee for the first renewal is one thousand
dollars ($1,000), and the fee for the second renewal is one thousand
five hundred dollars ($1,500). The fee for any subsequent renewal
beyond the second renewal is three thousand dollars ($3,000).
Vacant Property Registration Fee Schedule
|
---|
Initial Registration
|
$500
|
First Renewal
|
$1,000
|
Second Renewal
|
$1,500
|
Subsequent Renewal
|
$3,000
|
[Added 7-13-2016 by Ord.
No. 1817-2016]
The owner of any building that has become vacant property, and
any person maintaining or operating or collecting rent for any such
building that has become vacant shall, within thirty (30) days thereof:
A. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Construction Code, or as set forth
in the rules and regulations supplementing those codes; and
B. Post a sign affixed to the building indicating the name, address
and telephone number of the owner or the owner's authorized agent,
for the purpose of service of process, and the person responsible
for the day-to-day supervision and management of the building, if
such person is different from the owner holding title or authorized
agent. The sign shall be of a size, and placed in such a location,
so as to be legible from the nearest public street or sidewalk, whichever
is nearer, but shall be no smaller than eight by ten inches (8" x
10"); and
C. Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished, or until
repair or rehabilitation of the building is complete; and
D. Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, right-of-ways, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from debris, loose litter, and grass and weed growth; and
E. Continue to 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,
demolished, or until repair and/or rehabilitation of the building
is complete.
[Added 7-13-2016 by Ord.
No. 1817-2016]
A. Any person who violates any provision of this chapter or of the rules
and regulations issued hereunder shall be fined not less than one
hundred dollars ($100), and not more than two thousand five hundred
dollars ($2,500), for each offense. Every day that a violation continues
shall constitute a separate and distinct offense. Fines assessed under
this chapter shall be recoverable from the owner and shall be a lien
on the property.
B. For purposes of this section, failure to file a registration statement
within thirty (30) calendar days after a building becomes vacant,
or within thirty (30) calendar days after assuming ownership of a
vacant property, whichever is later, or within ten (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 chapter.