[Added 1-24-2023 by Ord.
No. 23-01]
It is the purpose and intent of the Mayor and Council to establish
a process to address the deterioration and blight of Borough neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the Borough, and to identify, regulate,
limit and reduce the number of abandoned properties located within
the Borough.
[Added 1-24-2023 by Ord.
No. 23-01]
The following words, terms, and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ABANDONED REAL PROPERTY
Any real property located in the Borough, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending tax assessors lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned" shall remain in place
until such time as the property is sold or transferred to a new owner,
the foreclosure action has been dismissed, or any default on the mortgage
has been cured.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
APPLICABLE CODES
Includes, but is not limited to, the Code of the Borough
of Fairview and the New Jersey Building Code.
BLIGHTED PROPERTY
a.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
b.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties;
c.
Properties cited for a public nuisance pursuant to provisions
of applicable codes; or
d.
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by applicable codes.
ENFORCEMENT OFFICER
Any law enforcement officer, code enforcement official, zoning
officer, fire inspector or building inspector, or other person authorized
by Fairview to enforce the applicable code(s).
OWNER
Any person, legal entity, or other party having any ownership
interest whether legal or equitable, in real property. This term shall
also apply to any person, legal entity or agent responsible for the
construction, maintenance, or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of the abandoned real
property.
VACANT
Any building or structure that is not legally occupied.
[Added 1-24-2023 by Ord.
No. 23-01]
The remedies set forth in this section shall be considered cumulative
and not superseding or subject to any other law or provision for same,
but rather shall be an additional remedy available to the Borough
above and beyond any other state, county, or local provisions for
same.
[Added 1-24-2023 by Ord.
No. 23-01]
a. Any mortgagee who holds a mortgage on real property located within
the Borough shall perform an inspection of the property to determine
vacancy or occupancy, upon default by the mortgagor. The mortgagee
shall, within 10 days of the inspection, register the property with
the Construction Enforcement Department, on forms provided by the
Construction Enforcement Department, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
b. If the property is occupied but remains in default, it shall be inspected
by the mortgagee or its designee monthly until the mortgagor or other
party remedies the default, or it is found to be vacant or shows evidence
of vacancy. If the property is found to be vacant or shows evidence
of vacancy, the mortgagee shall, within 10 days of that inspection,
update the property registration to a vacancy status on forms provided
by the Construction Enforcement Department.
c. Registration pursuant to this section shall contain the following
information for the mortgagee, the owner and the occupant (if any):
the name, the mailing address, a direct contact name and telephone
number, facsimile number and email address. The application shall
also contain the block and lot, and the name and twenty-four-hour
contact telephone number of the property management company responsible
for the security and maintenance of the property, if any.
d. A nonrefundable annual registration fee in the amount of $500 for
the initial year or portion thereof per property shall accompany the
registration form. The annual fee shall be $800 for the second year
of registration and $1,600 for each year of registration thereafter.
The annual registration fee shall be due on January 1 of each subsequent
year as long as the property remains abandoned.
e. This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
f. Properties shall comply with the requirements of this section, including,
but not limited to, registration requirements, and the inspection,
security, and maintenance requirements, as long as they remain abandoned,
as defined herein.
g. Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
h. If a property is no longer abandoned, as defined herein, within 10
days of the change, the person or legal entity that has registered
the property shall notify the Code Enforcement Official, and the property
shall no longer be considered abandoned for purposes of this section.
i. Failure of the mortgagee and/or owner to properly register or to
modify the registration form to reflect a change of circumstances
as required by this section is a violation of the section and shall
be subject to enforcement.
j. Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the Borough may
take the necessary action to ensure compliance with this section and
place a lien on the property for the cost of the work performed to
benefit the property and bring it into compliance.
[Added 1-24-2023 by Ord.
No. 23-01]
a. Properties subject to this section shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, and
any accumulation of newspapers, circulars, flyers, notices, except
those required by federal, state or local law, discarded personal
items, including, but not limited to, furniture, clothing, large and
small appliances, printed material or any other items that give the
appearance that the property is abandoned.
b. The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
c. Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
d. Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark, or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt, or similar material.
e. Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape, and removal
of all trimmings.
f. Pools and spas shall be maintained so the water remains free and
clear of pollutants, debris and insects, and animals and shall comply
with the regulations set forth in the applicable code(s).
g. Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable code(s) and issuance of
a summons in accordance with this section.
h. In addition to the requirements above, the property is required to
be maintained in accordance with the applicable code(s).
[Added 1-24-2023 by Ord.
No. 23-01]
a. Properties subject to the requirements of this section shall be maintained
in a secure manner so as not to be accessible to unauthorized persons.
b. A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates, and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates, and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured.
c. If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this section and any other applicable laws.
[Added 1-24-2023 by Ord.
No. 23-01]
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare, and safety of the
residents of the Borough.
[Added 1-24-2023 by Ord.
No. 23-01]
Any person who shall violate the provisions of this section
shall, upon conviction, pay a fine not to exceed $2,000.
[Added 1-24-2023 by Ord.
No. 23-01]
a. If the enforcement officer has reason to believe that a property
subject to the provisions of this section is posing a serious threat
to public health, safety, and welfare, the Code Enforcement Official
may temporarily secure the property at the expense of the mortgagee
and/or owner.
b. If the mortgagee does not reimburse the Borough for the cost of temporarily
securing the property, or of any abatement directed by the Code Enforcement
Official, within 30 days of the Borough sending the mortgagee the
invoice, then the Borough may impose a lien against the property for
such cost, along with an administrative fee of $500 to recover the
administrative personnel services.