[HISTORY: Adopted by the Township Committee of the Township of Alexandria 9-9-2015 by Ord. No. 2015-06; amended in its entirety 6-12-2019 by Ord. No. 2019-003. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 26.
Building construction — See Ch. 64.
Unsafe buildings — See Ch. 71.
This chapter authorizes the Township of Alexandria to govern the maintenance of vacant or abandoned property in the Township of Alexandria and establishes requirements regarding same.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED STRUCTURE
A structure, building, dwelling or other component of building materials whose valid construction permit or temporary certificate of occupancy has expired per N.J.A.C. 5:23-2.16(b) and 5:23-2.23(g) and any analogous successor rule; or a vacant property as defined below.
CREDITOR
A state-chartered bank, savings bank, savings and loan association or credit union, any person or entity required to be licensed under the provisions of the New Jersey Residential Mortgage Leading Act, P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Sec. 17), as amended from time to time, and any entity acting on behalf of the creditor named in the debt obligation, including, but not limited to, services.
[Added 6-12-2019 by Ord. No. 2019-003]
OWNER
Includes the title holder, any agent of the title holder having authority with respect to a vacant or abandoned property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Section 17) or any other entity so determined by the Township of Alexandria.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
Consistent with Section 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73) residential real estate, where a notice of violation has been issued pursuant to § 137-9 of this chapter and Subsection b of Section 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s). Residential property shall further be deemed vacant and abandoned where a mortgaged property is not occupied by a mortgagor or tenant and at least two of the following conditions exist:
[Added 6-12-2019 by Ord. No. 2019-003]
A. 
Overgrown or neglected vegetation;
B. 
The accumulation of newspapers, circulars, flyers or mail on the property;
C. 
Disconnected gas, electric or water utility services to the property;
D. 
The accumulation of hazardous, noxious or unhealthy substances or materials on the property;
E. 
The accumulation of junk, litter, trash or debris on the property;
F. 
The absence of window treatments, such as blinds, curtains or shutters;
G. 
The absence of furnishings and personal items;
H. 
Statements of neighbors, association management, delivery persons, or government employees indicating that the residence is vacant and abandoned;
I. 
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
J. 
Doors to the property that are smashed through, broken off, unhinged or continuously unlocked;
K. 
A risk to the health, safety or welfare of the building, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
L. 
An uncorrected violation of a municipal building, housing or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
M. 
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
N. 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
O. 
Any other reasonable indicia of abandonment.
VACANT PROPERTY, OTHER
Any building used or to be used for residential or commercial purposes which is not legally occupied or at which substantially all lawful construction operations or occupancy has ceased; provided, however, that any property that contains all building systems in working order, is fully compliant with Alexandria Township's maintenance requirements as set forth in this chapter or any other applicable Township ordinance, and is being actively marketed by its owner for sale or rental, shall not be deemed vacant. 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 chapter.
WEEDS
All grasses, annual plants and vegetation having growth in excess of 10 inches in height.
The owner, as defined under this chapter, or creditor, as defined under this chapter, 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 of its vacancy:
A. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Township of Alexandria, or as otherwise provided by law.
B. 
Post a sign on the building indicating the name, address and telephone number of the owner or creditor (as applicable), the owner's or creditor's authorized agent for the purpose of service of process, and the person responsible for 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 place 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 inches by 24 inches.
C. 
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete.
D. 
Post the property with "No Trespassing" signs of a nature sufficient to give notice to any person entering upon the property that it is against the law to enter the property without permission of the owner.
E. 
Ensure that the vacant property is inspected on a monthly basis by the owner's authorized agent and prepare inspection reports, which shall be forwarded to the Zoning Officer no later than the end of each month.
F. 
Ensure that the vacant property remains free of all litter, rubbish, garbage, debris, unclaimed newspapers, unclaimed mail or other paper.
G. 
Ensure that the lawn, grasses and/or weeds are maintained at a height no greater than 10 inches.
H. 
The owner and/or creditor, as applicable, of any vacant building shall acquire and otherwise maintain liability insurance by procuring a vacancy policy in an amount of not less than $300,000 for buildings designed primarily for use as residential units and not less than $1,000,000 for any other building including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. The owner and/or creditor, as applicable, shall provide evidence of the insurance to the Township Clerk.
I. 
Notify the Township Clerk that the property has become vacant or abandoned and file the required registration statement as set forth in this chapter. Such notice shall include the information provided in § 137-3B above, together with the street address, block and lot of the property.
A. 
A creditor filing a summons and complaint in an action to foreclose on a vacant and abandoned property, or a creditor who has previously filed a summons and complaint to foreclose on a residential property which subsequently becomes vacant and abandoned, shall within 30 calendar days after the building becomes vacant and abandoned or within 30 calendar days after assuming ownership of the vacant and abandoned property, whichever is later; or within 10 calendar days of receipt of notice from the Township, and annually thereafter, file a registration statement for such vacant and abandoned property with the Municipal Clerk on forms provided by the Township for such purposes. Any failure to receive notice by the Township shall not constitute grounds for failing to register the vacant and abandoned property.
B. 
Each vacant and abandoned property having a separate block and lot number as designated in the official Tax Maps of the Township shall be registered separately.
C. 
The registration statement shall include the following:
(1) 
The name, street address, telephone number and email address of a person 21 years or older designated by the creditor 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 creditor in connection with the enforcement of any applicable code; and
(2) 
The name, street address, telephone number and email address of the firm and also, the actual name(s) of the firm's individual principal(s) responsible for maintaining the vacant and abandoned property. The individual or representative of the firm responsible for maintaining the vacant and abandoned property shall be available by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
D. 
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The creditor shall be required to renew registration annually as long as the building remains vacant and abandoned and shall pay a registration or renewal fee in the amount prescribed in § 137-5 of this chapter for each vacant and abandoned property registered.
E. 
The annual renewal shall be completed by January 1 of each year. The initial registration fee shall be prorated for registration statements received less than 10 months prior to that date.
F. 
The creditor shall notify the Municipal Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Municipal Clerk for such purpose.
G. 
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 Township against the creditor.
[Amended 7-13-2022 by Ord. No. 2022-5]
The initial registration fee for each vacant and abandoned property for which a summons and complaint for foreclosure has been served under the provisions of this chapter shall be $2,500. The fee for the first annual renewal, and for any subsequent annual renewal thereafter, shall be $2,000.
Vacant Property Fee Schedule
Registration or Renewal
Fee
Initial registration
$2,500
First renewal
$2,000
Any subsequent renewal
$2,000
A. 
In addition to the above ordinance provisions, pursuant to the provisions of the New Jersey Creditor Responsibility Law at N.J.S.A. 46:10B-51 (P.L. 2014, c. 5), a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and/or abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the residential property.
B. 
Pursuant to the above-referenced New Jersey Creditor Responsibility Law (as may be amended from time to time), prior to filing a registration statement, a foreclosing creditor shall, within 10 days of serving a summons and complaint to foreclose on a mortgage on any residential property in Alexandria Township, provide a notice to the Township Clerk that a summons and complaint in an action to foreclose a mortgage has been filed against the subject property. The notice shall contain the following information: street address, lot and block of the property, full name and contact information of an individual located within the state who is authorized to accept service on behalf of the creditor; and name and contact information for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations.
C. 
In addition to the above, an out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided to the Township Clerk pursuant to Paragraph one of N.J.S.A. 46:10B-51 and on the registration form and any renewal thereof.
D. 
The notice required to be provided by the creditor under this section may contain information about more than one property and shall be provided by both mail and electronic means; however, per § 137-4B above, registration statements may not contain information for multiple lots and blocks.
E. 
If the property being foreclosed is an affordable unit pursuant to the Fair Housing Act, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301, et seq.), then the creditor shall identify that the property is subject to the Fair Housing Act.
A. 
The Township Clerk shall forward a copy of the notice provided by the creditor pursuant to § 137-6 above, the registration statement and/or renewal of the registration statement to the Zoning Officer or other authorized municipal official responsible for administration of this chapter or other public nuisance ordinance. However, the Township Clerk's failure to forward such notice, registration or renewal thereof shall not relieve the creditor of its obligations under this chapter.
B. 
After filing a registration statement or a renewal of a registration statement, the owner or creditor, as applicable, of any vacant property shall provide access to the Township to conduct an exterior and interior inspection of the building to determine compliance with the Municipal Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.
C. 
If the Zoning Officer or other authorized municipal official determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of the Code, the Zoning Officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. In the case of an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to § 137-6C of this chapter and Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51), as same may be amended from time to time. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. This issuance of this notice shall constitute evidence that a property is vacant and abandoned for purposes of N.J.S.A. 2A:50-73.
D. 
If the violation remains uncorrected after the timeframe set forth in Subsection C above, the Township may take any action necessary, including, but not limited to, assigning the work to a private contractor, proceeding with the abatement on its own or any other legal action deemed necessary. If the Township must hire a private contractor or take the task of abatement upon itself, the officer acting under the direction of the municipality shall certify the cost of abatement to the governing body, which shall examine such certificate and if found correct, shall cause the cost as shown to be charged against said property, or, in the event the governing body finds the cost excessive, to cause the reasonable cost thereof to be charged against said property. The amount so charged shall immediately become a lien against the property and shall be added to and become and form part of the taxes next to be assessed and levied upon such property, to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
The Mayor and Township Committee may issue rules and regulations for the administration of the provisions of this chapter.
A. 
Any owner who is not in full compliance with this chapter, or who otherwise violates any provisions of this chapter or the rules and regulations issued hereunder shall, upon conviction, be subject to a fine of not less than $500 and not more than $2,000 for each offense, or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof. Each day on which such violation exists shall constitute a separate violation. The court before which any person is convicted of violating this chapter shall also have the power to impose a penalty, pursuant to N.J.S.A. 26:3-70 et seq., and the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.) of not more than $500 nor less than $5.
B. 
A creditor found to be in violation of the requirement to register a vacant and abandoned property pursuant to this chapter, or who is required to care for, maintain, secure and keep up a property under this chapter and who is cited in notices issued pursuant to this chapter shall be subject to a fine of $2,000 for each day of the violation. The penalties set forth in this subsection are separate and apart from the remedy provided for in § 137-9A hereof and the remedy provided by N.J.S.A. 40:48-2.13 and 40:48-2.14. The remedy in this subsection shall be in addition to all remedies available to the Township in law or in equity.
C. 
For purposes of this chapter, failure to file the notices required by this chapter, failure to provide correct information on the notices, failure to file the registration statement or annual renewal thereof, failure to submit inspection reports, failure to comply with the provisions of this chapter, or such other matters as may be established by the rules and regulations of the Zoning Officer or his designee, shall be deemed to be violations of this chapter.
D. 
An out-of-state creditor found by a court of competent jurisdiction to have violated the requirement to appoint an in-state representative or agent pursuant to this chapter shall be subject to a fine of $2,500 for each day of the violation commencing on the day after the ten-day period set forth in Paragraph one of N.J.S.A. 46:103-51 with respect to notifying the Township Clerk that an action to foreclose on the property has been filed.
E. 
Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property.
Nothing in this chapter is intended nor shall be read to conflict or prevent the Township 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 Township of Alexandria.