[Adopted 12-13-16 by Ord. No. 2016-17]
[Added 12-13-16 by Ord. No. 2016-17]
The holder of any legal or equitable title to the premises,
with or without possession; the person or entity who has charge, care
or control of the premises as owner or occupant or agent of the owner
or occupant or a fiduciary including the executor or administrator
of the record owner's estate, testamentary heirs of the record owner,
intestate heirs of the record owner, fiduciaries, trustees, receivers,
legal guardians of record owner or occupant, any foreclosing entity
or any other person or entity entitled to act with respect to said
premises.
Any building used or to be used for residential, commercial
or industrial purpose which is not legally occupied or in which substantially
all lawful construction operations or residential occupancy has ceased
and which is in such a condition that it cannot be legally reoccupied
without repair or rehabilitation, including but not limited to any
property meeting the definition of abandoned property pursuant to
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 such property is being actively marketed by its owner for sale
or rental, shall not be deemed a vacant property for purposes of this
chapter.
[Added 12-13-16 by Ord. No. 2016-17]
The owner of any vacant property as defined herein shall, within
30 days after the building becomes vacant or within 10 days after
receiving notice from the Borough or assuming ownership or serving
a summons and complaint in an action to foreclose on a mortgage, in
the case of a foreclosing entity, register a notice with the Housing
Officer or other official designated by the Borough of the name, street
address, block and lot number of the premises, telephone number and
email address (if applicable) of the owner and contact person, designated
by the owner or owners as the authorized agent for receiving notices
of code violations and for receiving notice of process in this state
of any legal proceeding on behalf of such owner in connection with
the enforcement of code or ordinances and the name, address and telephone
number of the individual responsible, if different for maintaining
the property. The Housing Officer or official may prescribe a registration
form for filing and the information contained in the filing shall
be deemed prima facie proof of the statements contained in any enforcement
proceeding instituted by the Borough against the owner or owner of
the buildings. The owner shall notify the Housing Officer or official
of any changes in the information provided in the registration statement
within 10 days of the change.
The registration shall remain valid for one year from the date
of registration except that the initial registration shall expire
on December 31 of the year of the initial registration and be renewed
annually on January 1 of each subsequent year as long as the property
remains vacant.
[Added 12-13-16 by Ord. No. 2016-17]
The owner of any building that has become vacant property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, within 30 days thereof:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the ordinances of the Borough of Woodstown
and statutes governing trespassers; and
B.
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 trash, debris, loose litter and grass and weed growth
in compliance with the applicable codes and Borough ordinances; and
C.
Acquire or otherwise maintain liability insurance, in an amount not
less than $300,000 for buildings designed primarily for one to four
unit residential use and not less than $1,000,000 for any other building,
including, but not limited to, buildings designed for multifamily,
manufacturing, storage or commercial uses, covering any damage to
any person or any property caused by any physical condition of or
within the building. Any insurance policy acquired or renewed after
the building has become vacant shall provide for written notice to
the Housing Officer within 30 days of any lapse, cancellation or change
in coverage. The owner shall attach evidence of the insurance to the
owner's registration statement. Any registration statement submitted
that does not include such evidence shall not be deemed to be a valid
registration.
[Added 12-13-16 by Ord. No. 2016-17]
The owner 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 this Article
and municipal codes during the Housing Officer's business hours.
[Added 12-13-16 by Ord. No. 2016-17]
Any person who violates any provision of this Article shall
be fined not less than $100.00 and not more than $1000.00 for each
offense. Every day that a violation continues shall constitute a separate
and distinct offense. For purposes of this section, failure to file
a registration notice within the prescribed time period or submission
of false or misleading information on the notice shall be deemed to
be violations of this Article. Nothing herein shall limit the Borough's
right to establish a lien to offset the cost undertaken by the Borough
to secure or maintain the same.
[Added 12-13-16 by Ord. No. 2016-17]
The Borough shall establish a schedule of fees by resolution
which will apply to each building or structure that is vacant. The
fee income resulting from the application of this Article shall be
used for the administration and enforcement of the vacant property
registration process, activities related to abatement of nuisance
conditions at vacant properties and rehabilitation of distressed vacant
properties.
