[Ord. No. 9-2016 § 1]
As used in this section, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
a.
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A.
55:19-83), any property that has not been legally occupied for a period
of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by the Construction Official that:
1.
The property is in need of rehabilitation in the reasonable
judgment of the Construction Official, and no rehabilitation has taken
place during that six-month period;
2.
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Construction Official pursuant
to this section;
3.
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter
4 of Title 54 of the Revised Statutes (see N.J.S.A. 54:4-1 et seq.) as of the date of a determination by the Construction Official pursuant to this section; or
4.
The property has been determined to be a nuisance by the Construction
Official in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
b.
A property which contains both residential and nonresidential
space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A.
55:19-78 et seq.) so long as 2/3 or more of the total net square footage
of the building was previously legally occupied as residential space
and none of the residential space has been legally occupied for at
least six months at the time of the determination of abandonment by
the Construction Official and the property meets the criteria of either
paragraph a,1 or a,4 of this definition.
EVIDENCE OF VACANCY
a.
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include, but is not limited to, evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past-due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
b.
Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property for the purposes of this section.
OWNER
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of C.46:10B-51 (P.L. 2008, c. 127,
§ 17), or any other entity determined by the Borough of
South Toms River to act with respect to the property.
VACANT PROPERTY
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months, and
which exhibits evidence of vacancy such that a reasonable person would
believe that the property is vacant. Any property that contains all
building systems in working order, is being maintained on a regular
basis, has not been cited by the Borough for any violation of municipal
ordinance within such time and is being actively marketed by its owner
for sale or rental shall not be deemed vacant.
[Ord. No. 9-2016 § 4;
amended 11-28-2022 by Ord. No. 2022-7]
The initial registration fee for each building shall be $250.
The fee for the first renewal is $500. The fee for any subsequent
renewal up to five years is $750. After five years, the registration
fee shall be $5,000. Initial fee shall be prorated according to the
month of registration and renewal fees shall be credited when a property
becomes legally occupied during a renewal period.
Vacant and Abandoned Property Registration Fee Schedule
|
---|
Registration
|
Fee
|
---|
Initial registration
|
$250
|
First renewal
|
$500
|
Any subsequent renewal up to 5 years
|
$750
|
After 5 years
|
$5,000
|
[Ord. No. 9-2016 § 5]
The owner of any building that has become vacant and abandoned
property, and any person maintaining, operating or collecting rent
for any such building that has become vacant, shall, immediately:
a. Post a sign affixed to the inside of the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to subsection
11-1.3 of this section), 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 15 inches by 17 inches; and
b. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Code of the Borough of South Toms
River and maintain the sign required in paragraph a above until the
building is again legally occupied or demolished or until repair or
rehabilitation of the building is complete; and
c. Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Borough of South Toms River; and;
d. Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Borough of South Toms River
for the delivery of circulars and advertisements to the property;
and
e. Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of water lines;
other than buildings with a fire sprinkler system; and
f. Make provision for the cessation of electric or gas utility services
to the property; other than buildings with a fire sprinkler system;
and
g. Make provision for the regular maintenance of the exterior of the
property.
[Ord. No. 9-2016 § 6]
The Borough of South Toms River Mayor and Council shall issue
rules and regulations for the administration of the provisions of
this section.
[Ord. No. 9-2016 § 8]
Nothing in this section is intended to nor shall be read to
conflict or prevent the Borough of South Toms River from taking action
against buildings found to be unfit for human habitation or unsafe
structures as provided in applicable provisions of the Code of the
Borough of South Toms River and/or the Uniform Construction Code.
Further, any action taken under any such code provision other than
the demolition of a structure shall not relieve an owner from its
obligations under this section.