A.
The City of Gloucester City has experienced an increase in vacant
and abandoned properties within its borders, due to a variety of reasons,
including an increase in mortgage foreclosure, tax foreclosure, and
lack of proper property maintenance.
B.
Vacant and abandoned properties are having a detrimental effect on
the public health, safety and welfare because:
(1)
Many structures that are vacant, whether secured or not, are a blight
on their neighborhoods due to improper maintenance and their unsightly
appearance, causing deterioration and instability in their neighborhoods,
and resulting in an adverse impact upon adjacent and nearby properties;
(2)
Structures that are vacant and not properly secured are dangerous
and unsafe in that they are extremely vulnerable to being set on fire
by unauthorized persons;
(3)
Structures that are vacant and not properly secured attract vagrants
and criminals and are prime locations to conduct illegal activities,
including vandalism, theft, arson and drug use;
(4)
Structures that are vacant and not properly secured pose dangers
to inquisitive minors from unsecured pools; abandoned wells, shafts,
excavations; abandoned appliances; any structurally unsound fences
or structures, lumber, trash, debris; or vegetation such as poison
ivy, oak, or sumac; and
(5)
Poorly maintained yards, particularly tall grass, can attract rodents,
snakes and undesirable insects such as ticks and fleas, creating unsanitary
conditions for the community.
C.
The filing of a complaint in foreclosure is often a precursor to
a property becoming vacant or abandoned.
D.
Communication between owners of vacant and abandoned buildings and
the City is essential for effective allocation of public resources
and the maintenance of public health, welfare, and safety in regard
to such structures. Curtailment and elimination of these blighting
conditions are necessary for the protection of the public health,
safety, and welfare of the community.
E.
Gloucester City has established its own registration program which
it administers and services as a mechanism to protect neighborhoods
from becoming blighted due to the lack of adequate maintenance and
security of vacant, abandoned and/or foreclosed properties.
This chapter is being adopted pursuant to N.J.S.A. 40:48-2 generally,
and pursuant to N.J.S.A. 40:48-2.53; N.J.S.A. 46:10B-51; N.J.S.A.
40:48-2.12a; N.J.S.A. 40:48-2.12e; N.J.S.A. 40:48-2.12f; N.J.S.A.
40:48-2.12s1-N.J.S.A. 40:48-2.12s3; N.J.S.A. 40:48-2.13; N.J.S.A.
40:48-2.14; N.J.S.A. 40:48-1(4); N.J.S.A. 40:48-2.59 and N.J.S.A.
40:49-5.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this chapter, except where
the context clearly indicates a different meaning.
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.
Includes, but not be limited to, Gloucester City's Zoning
Code, Gloucester City's Code of Ordinances, and the New Jersey
Building Code.
A property on which any building that is not a residential
property sits. For purposes of this definition, "building" shall mean
a combination of materials to form a construction adapted to permanent,
temporary or continuous occupancy and having a roof.
Shall have the meaning set forth in N.J.S.A. 40:48-2.12s3(i).
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the City of Gloucester City to enforce
the applicable code(s). More than one enforcement officer may be designated
by the City of Gloucester City.
Any drawing, painting, marking or making of any mark or inscription
on public or private real or personal property without the prior permission
of the owner of the property.
The notice required to be provided pursuant to § 86B-13B.
Any person, legal entity or other party having a legal ownership
interest in real property.
A person, legal entity or other party who has registered or is required to register a registered property pursuant to this Chapter 86B.
Any property on which a single-family home (whether attached,
detached or semidetached), townhouse, row house or group home, sits
and/or on which one or more units within a flat, duplex, triplex,
multiple-family structure, condominium, mobile home park or apartment
or other dwelling unit sits. A condominium unit shall also be considered
residential property. For purposes of this definition, "dwelling unit"
shall have the same meaning as set forth in the Gloucester City Development
Ordinance.
Any building or structure that is not legally occupied.
Any building or structure that is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied because of the presence or finding of at least two conditions set forth in § 86B-6E(4).
This Article shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to Gloucester City above and beyond any
other state, county or local provisions for same.
Gloucester City shall establish its own registry and catalogue each registered property within Gloucester City, containing the information required by this Chapter 86B, in order to protect neighborhoods from becoming blighted due to the lack of adequate maintenance and security of vacant, abandoned and/or foreclosed properties.
