Township of Belleville, NJ
Essex County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior history includes Ord. Nos. 1996; 2840.
[Ord. No. 3245]
For reference purposes, this section shall be known as the "Property Maintenance Code" of the Township of Belleville.
[Ord. No. 3245]
A certain document, three copies of which are on file in the Office of the Township Clerk of the Township of Belleville, being marked and designated as the International Property Maintenance Code, 2009, edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Belleville, Essex County, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities, and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such existing structures as hereby provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Office of the Township Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Section 3 of this ordinance.
[Ord. No. 3245]
The following sections are hereby revised:
Section 101.1.
Insert:
Township of Belleville
Section 103.5
Insert:
$100 - $1,250
Section 112.4
Insert:
$100 - $1,250
Section 302.4
Insert:
10"
Section 304.14
Insert:
June 1, - September 30,
Section 602.3
Insert:
October 1, - May 1,
Section 602.4
Insert:
October 1, - May 1,
[Ord. No. 3441]
A registration statement or renewal of a registration is required of a vacant property in the Township of Belleville. The registration statement is required to be filed with the office of the Municipal Clerk. A registration statement is required until the vacant property becomes occupied.
The owner of any vacant property shall provide access to the Township of Belleville to conduct an exterior and interior inspection of the building to determine compliance with the Municipal Code.
a. 
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 administration 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 registration statement shall also include the name of the person responsible for maintaining and securing the property, if different.
b. 
This section shall also apply to in-state and out-of-state creditors who have filed summons and complaint in action to foreclose a property that is vacant or becomes vacant. Out-of-state creditors shall be required to appoint an in-state representative or agent who shall be listed on the registration statement.
c. 
An owner who is a natural person and who meets the requirements of this Section as to location of residence or office may designate himself 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 proceedings or administrative enforcement proceedings brought to enforce code provisions concerning the registered building by service of the notice or process on the 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 Public Officer of a change of the authorized agent or until the owner files a new annual registration statement.
[Ord. No. 3441]
The initial registration for each building shall be $500. The fee for the first 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.
[Ord. No. 3441]
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 the following:
a. 
Enclose and secure the building against unauthorized entry.
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 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 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.
[Ord. No. 3441]
Unless otherwise provided by law, statute, or ordinance any person violating any provision of this section shall upon conviction thereof be liable to a penalty, $100 a day until the Registration Statement is filed and all applicable fees are paid with the Office of the Municipal Clerk.
[Ord. No. 3385]
For reference purposes, this section shall be known as the "Maintenance and Registration of Vacant/Abandoned Properties."
[Ord. No. 3385]
As used in 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 C.46:10B-51 (P.L. 2008, c. 127, Sec. 17 as amended by P.L 2009, c. 296), or any other entity determined by the Township of Belleville to have authority to act with respect to the property.
VACANT PROPERTY
Means 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; 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 a vacant property for purposes of this section.
[Ord. No. 3385]
The owner of any vacant property as defined herein shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of the vacant property, whichever is later; or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Property Maintenance Inspector on forms provided by the Township for such purposes. Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.
a. 
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
b. 
The registration statement shall include the name, street address, telephone number, and email address (if applicable) of a person 21 years 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; and the name, street address, telephone number, and email address (if applicable) of the firm and the actual name(s) of the firms individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a 24 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.
c. 
The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be pro-rated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 21-3.5, for each vacant property registered. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 21-3.6, for each vacant property registered.
d. 
The annual renewal shall be completed by January 1st each year. The initial registration fee shall be pro-rated for registration statements received less than 10 months prior to that date.
e. 
The owner shall notify the Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Clerk for such purpose.
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 Township against the owner or owners of the building.
[Ord. No. 3385]
The owner of any vacant property registered under this section shall provide access to the Township to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such other time as may be mutually agreed upon between the owner and the Township.
[Ord. No. 3385]
a. 
An owner who meets the requirements of this section with respect to the location of his or her residence or workplace in the State of New Jersey may designate him or herself as agent or as the individual responsible for maintaining the property.
b. 
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 the notice or process on the 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 Township of Belleville in writing of a change of authorized agent or until the owner files a new annual registration statement.
c. 
Any owner who fails to register vacant property under the provisions of this section shall further be deemed to consent to receive, by posting on the building, in plain view, and by service of notice at the last known address of the owner of the property on record within the Township of Belleville by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
[Ord. No. 3385]
The initial registration fee for each building shall be $500. The fee for the first 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.
Vacant Property Registration Fee Schedule
Initial Registration
$500
First Renewal
$1,500
Second renewal
$3,000
Subsequent renewal
$5,000
[Ord. No. 3385]
The owner of any building that has become vacant property, and any person maintaining or operating or collecting rent for any such building that has become vacant shall, within 30 days thereof:
a. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Township Code, or as set forth in the rules and regulations supplementing those codes; 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 (if designated pursuant to subsection 21-3.3), 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 eight inches by 10 inches; and
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; and
d. 
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, right-of-ways, alleys, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed growth; and
e. 
Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied, demolished, or until repair and/or rehabilitation of the building is complete.
[Ord. No. 3385]
a. 
Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined 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 section shall be recoverable from the owner and shall be imposed as a lien on the property.
b. 
For purposes of this section, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein shall be deemed to be violations of this ordinance.
For reference purposes, this section shall be known as the Regulation, Care, Maintenance, Security, and Upkeep of the Exterior of Vacant and Abandoned Residential Properties on which a Summons and Complaint in an Action to Foreclose has been filed.
[Ord. No. 3413]
CREDITOR
Shall mean:
a. 
Any entity or person located in-state or out-of-state initiating, serving or filing a summons and complaint of foreclosure against a Township residential property whether the property becomes vacant and abandoned before or after the filing of the Creditor's action to foreclose;
b. 
Consistent with section 3 of P.L. 2008, c. 86, Creditor shall also mean but not be limited to:
1. 
A State chartered bank, savings bank, savings and loan association or credit union,
2. 
Any person required to be licensed under the provisions of the "New Jersey Licensed Lenders Act," P.L. 1996, c. 157 (C.17:11 C-1 et seq.),
3. 
Any entity acting on behalf of the Creditor named in the debt obligation including, but not limited to, servicers, and,
4. 
All Creditors required to file quarterly reports with the New Jersey Department of Banking and Insurance ("DOBI") consistent with Section 15 of The Mortgage Stabilization and Relief Act, P.L. 2008, c.127, (C.46:10B-49), enacted January 9, 2009.
TOWNSHIP PROPERTY MAINTENANCE VIOLATION NOTICE
Shall mean a Township notice to a creditor that it has failed to provide for the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential property upon which it has filed a summons and complaint to foreclose.
TOWNSHIP PUBLIC OFFICER
Shall mean an individual appointed by the Township pursuant to P.L. 1942, c.112 (C.40:48-2.3 et seq.).
VACANT AND ABANDONED
Shall mean:
a. 
Residential real estate upon which a creditor has filed a summons and complaint to foreclose a mortgage and a Township Property Maintenance Violation Notice has been issued by a public officer or any other local official responsible for administration of the Township Code (i) pursuant to subsection b.2. of section 1. of P.L. 2014, c. 35 (C.40:48-2.12s), or, (ii) pursuant to this section, or, (iii) pursuant to any other applicable Section or Chapter of the Code or a New Jersey statute;
b. 
Consistent with the intent and terms of Section 1.a. of P.L. 2012, Chapter 70 (C.2A:50-73), Vacant and Abandoned shall also mean: Mortgaged residential property no longer occupied by a mortgagor or tenant and for which at least two of the following conditions exist:
1. 
Overgrown or neglected vegetation;
2. 
Accumulation of newspapers, circulars, flyers or mail;
3. 
Disconnected gas, electric, or water utility services;
4. 
Accumulation of hazardous, noxious, or unhealthy substances or materials;
5. 
Accumulation of junk, litter, trash or debris;
6. 
Absence of window treatments such as blinds, curtains or shutters;
7. 
Absence of furnishings and personal items;
8. 
Statements of neighbors, delivery persons, or government employees indicating that the residence is vacant and abandoned;
9. 
Windows or entrances that are boarded up or closed off, or multiple window panes that are damaged, broken and unrepaired;
10. 
Doors that are smashed through, broken off, unhinged, or continuously unlocked;
11. 
A risk to the health, safety or welfare of the public, or any adjoining or adjacent property owners, due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
12. 
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;
13. 
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;
14. 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
15. 
Any other reasonable indicia of abandonment.
VACANT AND ABANDONED
Shall NOT mean property on which:
a. 
There is an unoccupied building undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in compliance with all applicable ordinances, codes, regulations, and statutes;
b. 
There is a building occupied on a seasonal basis, but otherwise secure; or
c. 
There is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute.
[Ord. No. 3413]
a. 
Creditor's Property Maintenance Requirements.
Pursuant to the provisions of Public Laws of 2014, Chapter 35, a Creditor filing a summons and complaint to foreclose a mortgage against Township vacant and abandoned residential property shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property, whether the property becomes vacant and abandoned before or after the filing of the Creditor's action to foreclose ("Property Maintenance Requirement").
b. 
Creditor's Appointment Requirements.
If the Creditor is located out-of-state the Creditor shall appoint an in-state representative or agent who shall be responsible for the care, maintenance, security, and upkeep of the exterior of a property if it becomes vacant and abandoned ("In-State Agent Appointment").
c. 
Creditors Notification Requirements.
1. 
When foreclosing against a Township residential property, whether or not the property is vacant and abandoned, within 10 days of serving, filing, or initiating the summons and complaint, a Creditor shall notify the Township municipal clerk ("Clerk") in a manner consistent with subsection a. of section 17 of P.L.2008, c.127 (C.46:10B-51) ("Creditor's Foreclosure Notice").
2. 
The Creditor's Foreclosure Notice shall contain the full name and contact information of the representative of the Creditor who is responsible for receiving complaints of property maintenance and code violations, and shall be provided by mail or electronic communication, at the discretion of the Clerk.
3. 
The Creditor's Foreclosure Notice shall also include the street address, lot and block number of the property, and the full name and contact information of an individual located in New Jersey that is authorized to accept service on behalf of the Creditor.
4. 
The Creditor's Foreclosure Notice of an out-of-state Creditor shall contain the full name and contact information of its in-state agent or representative.
5. 
Pursuant to P.L.2009, c.296 (C.2A:50-69 et al.) the Creditor shall provide the Clerk with a listing of all Township residential properties for which the Creditor has foreclosure actions pending by street address and lot and block number whether or not the properties are vacant and abandoned ("Property List Notice").
6. 
In all notices required by this section, if the property is an affordable unit pursuant to the "Fair Housing Act," P.L. 1985, c.222 (C.52:27D-301 et al.), the Creditor shall identify that the property is subject to the "Fair Housing Act."
[Ord. No. 3413]
a. 
Pursuant to subsection b. of section 1. of P.L. 2014, c. 35 (C. 40:48-2.12s) the Township Public Officer, or Code Enforcement Officer, Construction Official, or any other Township official responsible for administration of the Township Code ("Township Official") may issue a summons to a Creditor, or if the Creditor is out-of-state to its in-state representative or agent, that fails to make an In-State Agent Appointment ("Agent Appointment Violation");
b. 
Pursuant to subsection b. of section 1. of P.L. 2014, c. 35 (C. 40:48-2.12s) the Township Public Officer, or Code Enforcement Officer, Construction Official, or any other Township official responsible for administration of the Township Code ("Township Official") may issue a notice to a Creditor, or if the Creditor is out-of-state to its in-state representative or agent, that fails to comply with a Property Maintenance Requirement ("Property Maintenance Requirement Violation Notice").
c. 
The issuance of a Property Maintenance Requirement Violation Notice against a Creditor shall constitute proof that a property is "vacant and abandoned" for the purposes of (i) this ordinance, (ii) P.L.2012, c. 70 (C.2A:50-73), and, (iii) subsection b. of section 1. of P.L. 2014, c.35 (C.40:48-2.12s).
[Ord. No. 3413]
a. 
Agent Appointment Violations:
1. 
A Creditor found guilty of an Agent Appointment Violation by the Township municipal court, or by any other court of competent jurisdiction, shall be subject to a fine of $2,500 for each day of the violation.
2. 
The fines for an Agent Appointment Violation, shall commence on the day after the ten-day period set forth in paragraph (1) of subsection a. of section 17 of P.L.2008, c.127 (C.46:10B-51) for providing notice to the Clerk that a summons and complaint in an action to foreclose on a mortgage against vacant and abandoned residential property has been served.
b. 
Property Maintenance Violations:
1. 
When a Creditor receives a Property Maintenance Requirement Violation Notice the Creditor shall 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.
2. 
A Creditor found guilty of a Property Maintenance Requirement Violation by the Township municipal court, or by any other court of competent jurisdiction, shall be subject to a fine $1,500 for each day of the violation.
3. 
The fines for a Property Maintenance Requirement Violation shall commence 31 days following the Creditor's receipt of the Township's Property Maintenance Requirement Violation Notice, except if the violation presents an imminent risk to public health and safety, then fines shall commence 11 days following receipt of the Township's Property Maintenance Violation Notice.
4. 
If a Creditor fails to abate a nuisance or correct a Property Maintenance Requirement Violation as directed in the Township's Property Maintenance Violation Requirement Notice, and the Township expends public funds in order to abate the nuisance or correct the Property Maintenance Requirement Violation, the Township shall have the same recourse against the Creditor as it would have against the title owner of the property, including but not limited to the recourse provided under section 23 of P.L.2003, c.210 (C.55:19-100).
5. 
If a Creditor fails to remedy the Property Maintenance Requirement Violation within 30 days from receipt of the Property Maintenance Requirement Violation Notice the Township may impose penalties permitted pursuant to N.J.S.A. 40:49-5.
c. 
Pursuant to subsection d. of section 1. of P.L. 2014, c. 35 (C.40:48-2.12s), no less than 20% of any money collected pursuant to this section shall be utilized by the Township for municipal code enforcement purposes.
[Ord. No. 3311]
It is the intent of this section to protect and preserve the public health, safety and welfare and security and quiet enjoyment of residents and neighborhoods by (a) requiring all residential property owners, including lenders, trustees and service companies to properly maintain vacant and/or foreclosing properties, and (b) regulating the maintenance of vacant and/or foreclosing residential properties in order to prevent blighted and unsecured residences.
In addition to any other remedies in law/or equity not set forth herein, enforcement authority shall be vested in the Construction Official/Zoning Officer and the Department of Health and Human Services and their respective inspectors, including, but not limited to Code Enforcement Department and the Health Department the Police Department and Department of Public Works shall also have enforcement authority with respect to this section.
[Ord. No. 3311]
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.
DAYS
Means consecutive calendar days.
DIRECTOR
Means the Director of Health Human Services, Construction Official/Zoning Officer, the Director of Public Works and/or the Police Chief and/or his or her designee(s) and their respective inspectors, including, but not limited to the Construction Code, Health Department.
ENFORCEMENT AUTHORITY
Means the Construction Official/Zoning Officer, the Department of Public Works, the Department of Health and Human Services, the Police Department and any other Department designated by the Construction Official/Zoning Officer.
FORECLOSING
Means the process by which property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
INITIATION OF THE FORECLOSURE PROCESS
Means any of the following actions taking by a mortgagee against the borrower or mortgagee of a property: (a) taking possession of the property; (b) delivering a mortgagee's notice of intention to foreclose to the borrower; (c) commencing a foreclosure action or filing a lis pendens in the Superior Court of New Jersey.
MORTGAGEE
Means the creditor, including but not limited to, service companies, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
OWNER
Means every person, entity, service company, property manager or real estate agency, who alone or severally with others:
a. 
Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise; or
b. 
Has care, charge or control of any dwelling, dwelling unit or parcel of land, vacant or otherwise, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian, trustee or guardian of the estate of the holder of legal title; or
c. 
Is a mortgagee in possession of any such property; or
d. 
Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
e. 
Is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply as if he were the owner. However, this section shall not apply to any Condominium Association or Co-op that forecloses or initiates the foreclosure process for unpaid assessments due or owing the Association; or
f. 
Operates a rooming house; or
g. 
Is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process.
PROPERTY
Means any real estate, residential property, or portion thereof, located in the Township of Belleville, including buildings or structures situated on the property. For the purposes of this section only, property does not include property owned or subject to the control of the Township or any of its governmental bodies or agencies including, but not limited to, property owned or controlled by the Housing Authority of the Township of Belleville.
RESIDENTIAL PROPERTY
Means any property that contains one or more dwelling units used, intended or designed to be occupied for living purposes.
SECURING
Means taking measures that assist in making the property inaccessible to unauthorized persons.
TOWNSHIP
Means the Township of Belleville.
VACANT
Means any property not currently legally occupied and not properly maintained or secured.
[Ord. No. 3311]
All owners must register vacant and not properly maintained and/or foreclosing properties with the Construction Official/Zoning Officer on forms to be provided. All registrations must-state the individual owner's or agent's name, phone number and mailing address. The mailing address may not be a P.O. Box. This registration must also certify that the property was inspected and identify whether the property is vacant at the time of filing. If the property is vacant, the owner and/or registrant must designate and retain an individual or property management company responsible for the security and maintenance of the property. This designation must state the individual or company's name, phone number and local mailing address. The mailing address may not be a P.O. Box. If the property is in the process of foreclosure, then the registration must be received within seven days of the initiation of the foreclosure process as defined in subsection 21-5.2. If the enforcement authority determines that the property is vacant and the foreclosure proceedings have not been initiated, the registration must be received within 14 days of the enforcement authority's first notice of violations or summons for improper maintenance.
All property registrations are valid for one year from the date of registration. An annual registration fee of $100 must accompany the registration form. Subsequent annual registrations and fees are due October 1st.
Once the property is no longer vacant or is sold or otherwise transferred, the owner must provide proof of sale, transfer or occupancy to the enforcement authority within 30 days of sale, transfer or occupancy.
[Ord. No. 3311]
Properties subject to the requirements of this Section must be maintained in accordance with the all applicable Federal, State and local laws, rules and regulations. The owner, local individual or local property management company must inspect the property twice a month for the duration of the vacancy.
The property must contain a posting with the name and twenty-four-hour contact phone number of the local individual or property management company responsible for the maintenance.
This sign must be posted on the front of the property so it is clearly visible from the street.
Adherence to this section does not relieve the owner of any applicable obligations set forth in the Code of the Township of Belleville, covenant conditions and restrictions, and/or homeowners association rules and regulations.
[Ord. No. 3311]
The enforcement authority shall have the authority and the duty to inspect properties subject to this section for compliance and to issue summonses for any violations.
[Ord. No. 3311]
Failure to initially register with the enforcement authority is punishable by a fine of $300.
If applicable, failure to properly identify the name of the individual or property management company is punishable by a fine of $300.
Failure to maintain the property or respond to the notice as set forth in paragraph 1 of subsection 21-5.3 hereinabove is punishable by a fine up to $300, plus costs associated with the cleanup, to include, but not be limited to tipping fees and overtime for use of personnel and equipment.
Nothing contained herein shall prevent the Department of Public Works, in a case of an unregistered or delinquent registered owner, from cleaning up the property on an as needed basis and imposing a lien against the property for costs associated for cleanup as set forth in paragraph 3 of this Section.
Any fine(s) or cost(s) associated with cleaning up the property that remains uncollected or unpaid shall, by resolution of the Governing Body, become a lien upon the property which lien shall hereafter form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes to be collected and enforced by the same officers and in the same manner as taxes in accordance with the provisions of N.J.S.A. 40:48-2.14 and Chapter 15.12.180 of the Township of Belleville.
[Ord. No. 3311]
Upon the effective date of this section (adopted by Ord. No. 3311, November 21, 2011), any existing vacant or foreclosing properties shall have 30 days to comply with the provisions of this section.