[Amended 11-4-2020 by Ord. No. 04-2020]
As used in this article, the following terms shall have the
meanings indicated:
AUTHORIZED AGENT
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required by this article.
This person must maintain an office in the State of New Jersey or
reside within the State of New Jersey.
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to: overgrown
or neglected vegetation; disconnected utility services; accumulation
of junk, trash or debris; abandoned vehicles, auto parts and/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 and/or mail; statements
by neighbors, passers-by, delivery agents or government agents; and/or
the presence of boards over doors, windows or other openings in violation
of applicable code.
OWNER
Every person, entity or mortgagee who alone or severally
with others has legal title to any vacant property as defined by this
article; has legal care, charge or control of any such property; is
in possession or control of any such property; and/or is vested with
possession or control of any such property. The property manager shall
not be considered the owner.
REGISTRABLE PROPERTY
Any property that is vacant for more than 30 days or any
cancellation of utilities or services, whichever occurs first.
RETAIL SPACE
Any real property that is owned or leased, occupied or intended
to be occupied or otherwise used by a lease, or its owner, in its
trade or business of selling tangible goods or services to the public
or otherwise.
VACANT PROPERTY
Any parcel of land in the Borough that contains any building
used or to be used as a residential, retail, commercial or industrial
structure that is not lawfully occupied and not subject to foreclosure.
[Amended 11-4-2020 by Ord. No. 04-2020]
A. The owner of any vacant property, as defined herein, shall within
30 days after the building becomes vacant property or within 30 days
after assuming ownership of the vacant property, file a registration
statement for each such vacant property with the Borough Clerk in
the manner provided for such purposes. The registration shall remain
valid for one year from the date of registration. The owner shall
renew the registration annually as long as the building remains vacant
property and shall pay a registration or renewal fee in the amount
prescribed under the fee schedule.
B. Any owner of any building that meets the definition of vacant property,
upon passage of this article, shall file a registration statement
for that property. The registration statement shall include the information
required under Registration Statement Requirement, of this article,
as well as any additional information that the Borough Clerk may reasonably
require.
C. If the property is sold or transferred, the new owner is subject
to all the terms of this article. Within 30 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
D. The owner shall notify the Borough Clerk within 30 days of any change
in the registration information by filing an amended registration
statement on a form provided for such purpose.
E. Properties subject to this article shall remain subject to the annual
registration requirement, and the inspection, security and maintenance
standards of this article as long as the property is vacant.
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 owner or
owners of the building.
[Amended 11-4-2020 by Ord. No. 04-2020]
A. After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Borough to conduct an exterior and interior inspection of the
building to determine compliance with the Borough municipal code,
following reasonable notice, during the period covered by the initial
registration or any subsequent renewal.
B. The registration statement shall include the name, street address,
and telephone number of a natural person 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. This person must maintain an office in the State of New Jersey
or reside within the State of New Jersey. The statement shall also
include the name of the person responsible for maintaining and securing
the property, if different.
C. An owner who is a natural person and who meets the requirements of
this article as to location of residence or office may designate him
or herself as agent.
D. 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 this
notice or process of 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 purposes of this section until the
owner notifies the Borough Clerk of a change of authorized agent or
until the owner files a new annual registration statement. The designation
of an authorized agent in no way releases the owner from any requirement
of this article.
[Amended 11-4-2020 by Ord. No. 04-2020]
The initial registration fee for each building shall be $500.
The fee for the renewal is $1,500, and the fee for the second renewal
is $3,000. The fee for any subsequent renewal beyond the second renewal
is $5,000.
A. Vacant property registration fee schedule:
Initial registration
|
$500
|
First renewal
|
$1,500
|
Second renewal
|
$3,000
|
Any subsequent renewal
|
$5,000
|
B. If the vacant property is not registered, or either the registration
fee or the annual registration fee is not paid within 30 days of when
the registration or annual registration is required pursuant to this
section, a late fee shall be equivalent to 10% of the annual registration
fee shall be charged for every thirty-day period, or portion thereof,
the property is not registered and shall be due and payable with the
registration. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
The late fee may be waived for extenuating circumstances.
[Amended 11-4-2020 by Ord. No. 04-2020]
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:
A. Ensure that the grounds of the premises, including yards, fences,
structures, sidewalks, siding and driveways are well maintained and
kept free from trash or debris; and
B. Post a sign affixed to the building indicating the name, address
and telephone number of the owner, 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 18" x 24"; and
C. Secure the building from unauthorized entry and maintain the sign
intact until the building is again legally occupied or demolished
or until repair or rehabilitation of the building is complete.
[Amended 11-4-2020 by Ord. No. 04-2020]
A. Any owner who is not in full compliance with this article or who
otherwise violates any provision of this article or the rules and
regulations issued hereunder shall be subject to a fine of not less
than $100 and not more than $1,000 for each offense. Every day that
a violation continues shall constitute a separate and distinct offense.
Fines assessed under this article shall be recovered from the owner
and shall be a lien on the property.
B. For purposes of this section, the failure to provide accurate information
upon the registration statement and the failure to timely file the
registration statement, shall be deemed to be violations of this article.
[Amended 11-4-2020 by Ord. No. 04-2020]
A. Nothing in this article is intended to nor shall be read to conflict
or prevent the Borough from taking action against buildings found
to be unfit for human habitations or unsafe structures as provided
in applicable provisions of the Code of the Borough of Lawnside. Further,
any action taken under any such code provision other than the demolition
of a structure shall relieve an owner from its obligations under this
article; and
B. This article shall take effect upon final passage and publication
and in accordance with the laws of the State of New Jersey; and
C. The provisions of this article are severable. To the extent any clause,
phrase, sentence, paragraph, or provision of this article shall be
declared invalid, illegal or unconstitutional, the remaining provisions
shall continue in full force and effect; and
D. Any funds collected as vacant property registration fees in excess
of the funds necessary to operate and enforce the provisions of this
article shall be set aside in a dedicated fund for the purpose of
property rehabilitation with the Borough of Lawnside at the discretion
of the governing body.
[Added 6-7-2017 by Ord.
No. 07-2017; amended 7-27-2022 by Ord. No. 10-2022]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a comprised/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.
ANNUAL REGISTRATION
Twelve months from the date of the first action that requires
registration, as determined by the Borough of Lawnside, or its designee,
and every subsequent 12 months. The date of the initial registration
may be different than the first action that required registration.
APPLICABLE CODES
Includes, but is not limited to, the Borough of Lawnside's
Zoning Code, the Borough of Lawnside' s Property Rehabilitation
and Maintenance Code, Neighborhood Improvement Ordinance, Solid Waste
Ordinance, Residential and Commercial Recycling Ordinance, and the
State and the Borough of Lawnside Building and Fire Codes.
BLIGHTED PROPERTY
Means:
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Borough
of Lawnside 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 lacks
maintenance as required by the applicable codes.
DEFAULT
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt, referred to in the mortgage.
ENFORCEMENT OFFICER
Any Law Enforcement Officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector, Building Inspector or other
person authorized by the Borough of Lawnside to enforce applicable
code(s).
EVIDENCE OF VACANT AND ABANDONED PROPERTY
As used in this article, means the presence or finding of
at least two of the following conditions concerning the real property:
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 and/or mail, or statements by neighbors, passers-by,
delivery agents or government agents; a written statement by a mortgagor
expressing the clear intent of all mortgagors to abandon the property;
the property is occupied by an unauthorized person; he property is
occupied without a valid, unexpired certificate of occupancy or other
written authorization for occupancy as may be required by applicable
laws; the presence of boards over doors, windows or other openings
in violation of applicable code; or any other reasonable indicia of
abandonment.
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. This definition shall include, but is not limited to,
a complaint and summons filed with respect to foreclosure on a mortgage,
a lis pendens filed against it by the lender holding a mortgage on
the property, a deed-in-lieu of foreclosure, sale to the mortgagee
or lien holder, certificate of title and all other processes, activities
and actions, by whatever name, associated with the described process.
The legal process is not concluded until the property obtained by
the mortgagee, lien holder, or their designee, by certificate of title,
or any other means, is sold to a nonrelated bona fide purchaser in
an arm's length transaction to satisfy the debt or lien.
MORTGAGEE
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
as assignee or owner of record.
REAL PROPERTY
Any improved residential or commercial land and/or buildings,
leasehold improvements and any anything affixed to the land, or portion
thereof identified by a property parcel identification number, located
in the Borough of Lawnside limits. Developed lots are considered improved
land.
REGISTRABLE PROPERTY
Means:
A.
Any real property located in the Borough of Lawnside, whether
vacant and abandoned or occupied, that is subject to an ongoing foreclosure
action by the mortgagee or trustee, has been the subject of a foreclosure
action by a mortgagee or trustee and a judgment has been entered,
or has 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;
and
B.
The designation of a "foreclosure" property as "registrable"
shall remain in place until such time as the property is sold to a
nonrelated bona fide purchaser in an arm's length transaction
or the foreclosure action has been dismissed.
VACANT
Any parcel of land in the Borough of Lawnside that contains
any building or structure that is not lawfully occupied or inhabited
by human beings.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be additional
remedy available to the Borough of Lawnside above and beyond any other
state or the Borough of Lawnside provisions for same.
Pursuant to the provisions of this article, the Borough of Lawnside,
or its designee, shall establish a registry cataloging each registrable
property within the Borough of Lawnside, containing the information
required by this article.
Registration fees and penalties outlined in this article may
be modified an amendment to this article, passed and adopted by the
Borough.
Unless otherwise provided for in this chapter, a violation of
this chapter is declared unlawful.
A. Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(1): "An out-of-State
creditor subject to an ordinance adopted pursuant to subsection a.
of this section found by the municipal court of the municipality in
which the property subject to the ordinance is located, or by any
other court of competent jurisdiction, to be in violation of the requirement
to appoint an in-State representative or agent pursuant to the ordinance
shall be subject to a fine of $2,500 for each day of the violation.
Any fines imposed on a creditor for the failure to appoint an in-State
representative or agent shall commence on the day after the 10-day
period set forth in paragraph (1) of subsection a. of section 17 of
P.L. 2008, c. 127 (C. 46:10B-51) or paragraph (1) of subsection a.
of section 2 of P.L. 2021, c. 444 (C. 40:48-2.12s2) for providing
notice to the municipal clerk that a summons and complaint in an action
to foreclose on a mortgage has been served."
B. Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(2): "A creditor
subject to an ordinance adopted pursuant to subsection a. of this
section found by the municipal court of the municipality in which
the property subject to the ordinance is located, or by any other
court of competent jurisdiction, to be in violation, excluding only
a violation addressed by paragraph (1) of this subsection, of the
ordinance shall be subject to a fine of $1,500 for each day of the
violation. Any fines imposed pursuant to this paragraph shall commence
31 days following receipt of the notice of violation, except if the
violation presents an imminent risk to public health and safety, in
which case any fines shall commence 11 days following receipt of the
notice."