[HISTORY: Adopted by the Council of the Borough of Lawnside 10-7-2015 by Ord. No. 05-CY2015. Amendments noted where applicable.]
[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.
A. 
A mortgagee filing a summons and complaint in an action to foreclose on a mortgage on real property in the Borough of Lawnside shall perform an inspection on the property to determine whether the real property is vacant and abandoned immediately upon filing the summons and complaint.
B. 
The mortgagee filing a summons and complaint in an action to foreclose in the Borough of Lawnside shall, within 10 days of the inspection, register, the property with the Code Enforcement Department, or its designee, on forms or other manner as directed, 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.
C. 
Registration pursuant to this section shall contain the name, direct mailing address, a direct name, telephone number, and email address for the mortgagee/trustee, and mortgage servicer, and the name, twenty-four-hour contact phone number of the local property management company responsible for the security and maintenance of the property who has the authority to make decisions concerning the abatement of nuisance conditions at the property, as well as expenditures in connection therewith.
D. 
If the mortgagee is located outside of New Jersey, it must provide the full name, mailing address, and direct-dial telephone number of an in-state representative or agent for the mortgagee.
E. 
Each individual property on the registry that has been registered for six months or more prior to the effective date shall have 30 days to renew the registration and pay the nonrefundable annual registration fee. Properties registered less than six months prior to the effective date shall renew the registration every 12 months from the expiration of the original registration renewal date and shall pay the nonrefundable annual registration fee.
F. 
If the mortgage and/or servicing on a property is sold or transferred, the new mortgagee is subject to all the terms of this chapter. Within 10 days of the transfer, the new mortgagee shall register the property or update the existing registration. The previous mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee's involvement with the registrable property.
G. 
If the servicing rights for a mortgage on a registrable property are sold or transferred, the registration must be updated to include all the new servicer information within 10 days of the servicing transfer.
H. 
If the mortgagee of a foreclosed real property sells or transfers the property to a non-arm's length related person or entity, the transferee is subject to all the terms of this article and within five days of the transfer register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the mortgagee was at the time registration was required, including but not limited to unregistered periods during the foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration, except if it is determined that the transferee is exempt from paying fees then the previous mortgagee will not be released from the responsibility of paying all previous unpaid fees and fines, regardless of who the mortgagee was at the time when registration was required, including but not limited to unregistered periods during the foreclosure process. The provisions of this section are cumulative with and in addition to other available remedies. Moreover, the Code Enforcement Department is authorized and empowered to refer the previous mortgagee's nonpayment of previous fees and fines to the Code Enforcement Special Magistrate or a court of competent jurisdiction for disposition.
I. 
As long as the property is registrable it shall be inspected by the mortgagee, or designee, monthly. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
J. 
A nonrefundable registration fee of $500 shall accompany each registration pursuant to this section.
K. 
If the foreclosing or foreclosed property is not registered, or the registration fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee 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.
L. 
All registration fees must be paid directly from the mortgagee, trustee, or servicer. Third party registration fees are not allowed without the consent of the Borough of Lawnside and/or its authorized designee.
M. 
Properties subject to this section shall remain under the annual registration requirement, and the inspection, security and maintenance standards of this section as long as they are registrable.
N. 
Until the mortgage or lien on the property in question is satisfied, or legally discharged, the filing of a dismissal of lis pendens and/or summary of final judgment and/or certificate of title, voluntary or otherwise, does not exempt any mortgagee from all the requirements of this article.
O. 
Any mortgagee 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.
P. 
Failure of the mortgagee to properly register or to modify the registration information from time to time to reflect a change of circumstances as required by this article is a violation of the article and shall be subject to enforcement and any resulting monetary penalties and/or property liens.
Q. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this article, the Borough of Lawnside may take the necessary action to ensure compliance with and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.
R. 
Properties subject to this chapter shall be in accordance with the applicable code(s) of the Borough of Lawnside.
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."