[HISTORY: Adopted by the Mayor and Council
of the Borough of Old Tappan 1-21-2020 by Ord. No. 1159-20. Amendments noted
where applicable.]
Except as provided in N.J.S.A. 55:19-83, any property that has
not been legally occupied for a period of three months may be deemed
to be an abandoned property upon a determination by the Code Enforcement
Officer, or such other public officer designated by or appointed by
the Borough Administrator pursuant to N.J.S.A. 40:48-2.5, if, at a
minimum, any two or more of the following criteria are met:
A.
The property is in need of rehabilitation in the reasonable judgment
of the Code Enforcement Officer, pursuant to N.J.S.A. 40:48-2.5, and
no rehabilitation has taken place during that same three-month period.
B.
Construction was initiated on the property and was discontinued prior
to completion, leaving the building unsuitable for occupancy, and
no rehabilitation has taken place during that same three-month period.
C.
At least one installment of property tax remains unpaid and delinquent
on that property as of the date of determination.
D.
The property has been determined to be a nuisance by the Code Enforcement
Officer, for one or more of the following reasons:
(1)
The property has been found to be unfit for human habitation, occupancy,
or use pursuant to N.J.S.A. 40:48-2.3.
(2)
The condition and vacancy of the property materially increases the
risk of fire to the property and adjacent properties.
(3)
The property is susceptible to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so.
(4)
The presence of vermin or the accumulation of debris, uncut vegetation,
or physical deterioration of the structure or grounds have created
potential health and safety hazards and the owner has failed to take
reasonable and necessary measures to remove the hazards.
(5)
The dilapidated appearance or other condition of the property materially
affects the welfare, including the economic welfare, of the residents
of the area in close proximity to the property, and the owner has
failed to take reasonable measures to remedy the condition.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, persons or entity who is not the owner, who has
charge, care and control of a premises or part thereof, with or without
the knowledge, consent or authority of the owner. "Operator" shall
also include a creditor that has served a notice of intention to foreclose
on a mortgage on a residential property and that property has become
vacant before or after the filing of the intention to foreclose.
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant property and a creditor
that has foreclosed on a vacant or abandoned property, or any other
person or entity determined by the Borough of Old Tappan to have authority
to act with respect to the 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 and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including but not limited to any property meeting the definition of abandoned property in N.J.S.A. 55-19-80 or § 191-1 herein; 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 the building is being actively marketed by its owner for sale or rental, shall not be deemed vacant property for purposes of this chapter.
A.
Notice of vacancy and abandonment; appeal; hearing. Upon determination
by the Code Enforcement Officer that a residential property is vacant
and/or abandoned, the Code Enforcement Officer shall notify the owner
or operator by registered mail or posting of notice in a noticeable
place on the property of the determination and the requirements of
this chapter. An owner or operator of the property determined to be
vacant and/or abandoned can challenge that determination by appealing
to the Borough Administrator within 30 days after receipt of notice
of the determination. The Borough Administrator shall schedule a hearing
within 30 days of receipt of the appeal. The sole ground for the appeal
shall be that the property was neither vacant nor abandoned. The owner
or operator of the property shall submit such affidavits with accompanying
supporting documentation to rebut the determination by the Code Enforcement
Officer. The Borough Administrator shall decide the appeal within
10 days of receipt of the proofs from each party and shall transmit
a written decision to each party by certified mail, return receipt
requested.
B.
Registration. An owner or operator of a vacant and abandoned property
shall file a certificate of registration with the Building Department
within 45 days after receipt of notice that the property has been
determined to be vacant and abandoned, or within 30 days after the
mortgagee assumes ownership or takes possession of a property already
determined to be vacant and abandoned, whichever is earlier. A certificate
of registration shall remain valid for one year from the date of issuance
and shall be renewed on an annual basis, if the property remains vacant
and abandoned.
C.
Form of certificate of registration. The certificate of registration
shall be filed on forms prescribed by the Building Department and
shall contain:
(1)
The name, street address, and telephone number of a person who resides
or maintains an office within the state and who is either the owner
or operator or an authorized agent designated by the owner or operator
to receive notices and complaints of property maintenance and code
violations on his/her/its behalf;
(2)
The name, street address and telephone number of the person or entity
responsible for maintaining the property, if different; and
(3)
A certificate from a licensed insurance provider evidencing liability
insurance within 30 days after any change in the information required
to be included thereon.
(4)
Consent of the owner or operator to the Code Enforcement Officer
or his designee to enter the property for purposes of assuring it
is being properly maintained.
D.
Certificate of registration amendments. An owner or operator of a
vacant and abandoned property shall file an amended certificate of
registration within 30 days after any change in the information required
to be included thereon.
E.
Certificate of registration fees. The following fees for a certificate
of registration shall be paid by the owner or operator:
(1)
Two hundred fifty dollars for the initial registration fee;
(2)
Two hundred fifty dollars for all annual renewals of the registration
where there are no outstanding property maintenance or code violations
at the time of the renewals; and
(3)
Five hundred dollars for annual renewal of the registration where
there are outstanding property maintenance or code violations at the
time of renewal.
Within 30 days after the filing of a certificate of registration
and until the property is reoccupied, the owner or operator of a vacant
and abandoned property shall:
A.
Enclose and secure the property against unauthorized entry; and
B.
Post a sign affixed to the inside of the property and visible to
the public indicating the name, address and telephone number of the
mortgagee, any authorized agent designated by the mortgagee for the
purpose of receiving service of process, and the person responsible
for maintaining the property, or different from the mortgagee or authorized
agent.
Vacant and abandoned properties shall be maintained by the owner or operator in accordance with Borough Code Chapter 97, Brushes, Grass and Weeds, Chapter 190, Property Maintenance, and Chapter 234, Regulations of Trees and Shrubs. In addition, the owner or operator shall maintain the vacant and/or abandoned property as follows:
A.
The property shall be kept free of all nuisances and hazards, litter
and debris.
B.
The property shall be kept free of accumulations of water, vegetation
or other matter which might serve as a source of food or as a harboring
or breeding place for infestation.
C.
Grass in the yard area shall be cut and maintained so as to prevent
the grass from growing to exceed five inches in height.
D.
The exterior of every structure or accessory structure or other improvement
on the premises shall be kept in good repair, and all exposed surfaces
subject to deterioration shall be protected against weathering or
deterioration by a protective coating appropriate for the particular
material involved, as needed.
E.
All exterior walls, roofs, windows, window frames, doors, door frames,
sky lights, foundations, and other parts of the structure shall be
maintained to keep water from entering the structure and to prevent
excessive drafts or heat loss during cold or inclement weather and
to provide a barrier against infestation. Damaged or badly worn materials
shall be repaired or replaced and places showing signs of rot, leakage
or deterioration or corrosion shall be treated or restored to prevent
weathering or seepage.
F.
Leaders and drainpipes shall be securely fastened to the building
and maintained in good condition free of leaks and free of obstructions
and shall direct stormwaters into drainage systems or away from the
foundation walls of the structure.
A.
A judgment or secured creditor, or the holder of a lien on a vacant
or abandoned property, who files a summons and complaint in an action
to foreclose on such judgment, security interest or lien, shall be
responsible for the care, maintenance, security, and upkeep of the
vacant and abandoned residential property to the same extent as an
owner or operator and, if said creditor is located out of state, shall
be responsible for appointing an in-state representative or agent
to act on its behalf.
B.
The Code Enforcement Officer, or any other local official designated
by the Borough Administrator for administration of any property maintenance
or public nuisance code, may issue a notice to the creditor filing
the summons and complaint in an action to foreclose, if the public
officer or other authorized municipal official determines that the
creditor has violated any provision of this chapter by failing to
provide for the care, maintenance, security, and upkeep of the vacant
and/or abandoned property in the manner required of owners and operators
set forth in this chapter. Such notice shall include a description
of the conditions that gave rise to the violation, any obligation
under this chapter and shall provide a period of not less than 30
days from the date of the notice of the violation in which to cure
the violation, unless the violation presents an imminent threat to
public health and safety, in which case, it must be cured within 24
hours or as soon as possible, but in no event longer than seven days
from the date of the notice.
C.
Any creditor whose principal place of business is located outside
of the State of New Jersey who has served a summons and complaint
in an action to levy on a judgment or foreclose on a security interest
or lien on a residential property, shall provide to the Borough the
full name and contact information of its in-state representative or
agent, within the ten-day period as required by N.J.S.A. 46:10B-51,
which contains the full name and contact information of an in-state
representative or agent who shall be responsible for the care, maintenance,
security, and upkeep of the exterior of the property if it becomes
vacant and/or abandoned.
D.
The issuance of a notice pursuant to this section shall constitute
proof that the property is vacant and abandoned for the purposes of
P.L. 2012 c. 70 (N.J.S.A. 2A:50-73).
A.
Except as otherwise provided in § 191-6 above, any owner or operator or creditor who or which shall violate any of the provisions of this chapter shall, upon conviction in the Old Tappan Municipal Court, or any such other court having jurisdiction, be sentenced to a penalty not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both. Each day that a violation persists shall be deemed a separate offense and subject to the penalty provisions of this chapter.
B.
Any out-of-state creditor subject to the provisions of this section
who is found by the Old Tappan Municipal Court, or by any other court
of competent jurisdiction, in violation of the requirement of this
section to appoint an in-state representative or agent pursuant to
this chapter shall be subject to a fine of up to $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 ten-day period as required by N.J.S.A. 46:10B-51 et
seq. for providing notice to the Borough that a summons and complaint
in an action to foreclose on a mortgage has been served.
C.
For purposes of this chapter, failure to file a registration statement
within 30 calendar days after assuming ownership of a vacant property,
or within 10 calendar days of receipt of notice by the municipality
and failure to provide correct information on the registration statement,
whichever is later, or failure to comply with the provisions contained
herein shall be deemed to be violations of this chapter.
The Borough may, after 30 days' written notice to the owner
or operator or creditor who has failed and/or refused to register
or maintain the vacant or abandoned property as required herein, perform
such work as may be necessary to ensure that the property conforms
to the requirements set forth herein. Such work shall be performed
by the Borough on behalf of the owner or operator or creditor who
shall reimburse the Borough for all amounts expended plus 10% of the
cost thereof for administration. Any amount so paid shall constitute
a municipal lien on the property as defined in N.J.S.A. 54:5-2.
In any case where the maintenance obligations of this chapter
impose a stricter or higher standard than any other ordinance, law
or regulation of the Borough or the State of New Jersey, then the
standards set forth herein shall apply but if the maintenance standards
set forth herein impose a lower or lesser obligation than any other
ordinance, law or regulation of the Borough or State of New Jersey,
then the higher maintenance standard of such other ordinance, law
or regulation shall apply. All ordinances or parts of ordinances inconsistent
or in conflict with this chapter are hereby repealed as to said inconsistencies
and conflicts.
