[History: Adopted by Ord. No. 4-2017, amended in entirety by Ord. No. 14-2018]
[Ord. No. 14-2018]
The following terms, wherever used herein or referred to in
this Article, shall have the respected meanings assigned to them,
unless a different meaning clearly appears from the context; as used
in this Article:
Shall mean 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 Act," P.L. 2009, c. 53 (C.17:11C-51 et seq.), any foreclosing
entity subject to the provisions of C.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, servicers.
Shall mean those portions of a structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto, and the open land
space of any premises outside of any building or structure erected
thereon, including vacant lots.
Shall mean:
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the City.
Any physical condition existing in or on the exterior or any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of the premises where the condition exists.
Shall mean any person, persons or entity, not the owner,
but including any agent of the owner, who has charge, possession,
custody, or control of a dwelling or premises or a part thereof.
Shall mean any person, persons or entity who shall have legal
or equitable title in any form whatsoever to any premises or part
thereof, including any fiduciary, trustee, receiver, guardian or mortgagee
in possession. Any lessee, sub lessee or assignee of a lessee of any
part of any premises shall be deemed an "owner" with respect to that
portion of the premises, sublet, leased or assigned.
Shall mean a lot, plot or parcel of land, right-of-way or
multiples thereof, including the building or structures thereon.
Shall mean the individual designed by the Mayor, in accordance
with N.J.S.A. 55:19-80.
Shall mean all discarded, useless, unusable, unused or worthless
solid waste matter or materials, combustible or non-combustible, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockery, wood, plastic, rubber, leather,
furniture, household goods, appliances, bedding, scrap lumber, scrap
metal, construction material, inoperable machinery or parts thereof,
garden or farming implements and supplies, dead or rotting vegetation,
tires, and abandoned, inoperative or unusable automobiles and vehicles
and solid commercial or industrial waste. Anything herein to the contrary
notwithstanding, a compost pile of discarded foodstuffs shall not
be deemed to be "refuse" or "rubbish".
Shall mean a motor vehicle without a valid and current State
inspection sticker.
Shall mean 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 re-occupied without
repair or rehabilitation; provided however, that any property that
contains all building systems in working order and is being actively
marketed by its owner for sale or rental, shall not be deemed vacant.
Residential properties that meet the aforementioned criteria and are
subject to a summons and complaint in an action for foreclosure shall
be deemed vacant property in accordance with P.L. 2014 c. 35. Property
deemed 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 Article.
[Ord. No. 14-2018]
The Public Officer is directed to identify abandoned property
for the purposes of creating an "abandoned property list" throughout
the City. Each item of abandoned property so identified shall include
the tax block and lot number, the name and address of the owner of
record, if known, the street address of the lot and the basis for
a determination that the property is abandoned.
[Adopted by Ord. Nos. 4-2017
and 14-2018]
A.
Sixty days after the effective date of this Article or 30 days after
a building or lot becomes abandoned as defined within this Article,
the owner shall file a registration statement for each such abandoned
property with the Public Officer, on forms provided by the Public
Officer for such purpose. The registration shall remain valid for
one year. The owner shall be required to renew the registration annually
as long as the building or lot continues to be abandoned as defined
herein and shall pay a registration or renewal fee in the amount prescribed
within this subsection.
B.
The owner shall notify the Public Officer within 30 days of any change
in the registration information by filing an amended registration
statement on a form provided by the Public Officer for such purpose.
C.
The registration statement shall be deemed prima facie proof that
the statements therein contained in any administrative enforcement
proceedings or court proceedings instituted by the City of South Amboy
against the owner or owners of the property.
[Ord. No. 14-2018]
A.
The owner of abandoned property shall provide the following information
to the Public Officer on the registration form or forms prescribed
by the Public Officer:
(1)
Name, address, email address and contact telephone number of the
owner; the owner's address must include a street address; a post office
box is not acceptable;
(2)
Name, address, email address and contact telephone number of any
local agent(s) or representative for the building or lot;
(3)
Name, address, email address and contact telephone number of the
person assigned to the property for the security and maintenance of
the building or lot;
(4)
Common address and tax assessor's block and lot designation of the
building and lot;
(5)
The date on which the building became abandoned.
(6)
Proof of utility (gas, electric, water) connections or disconnections;
and
(7)
Any other information reasonably required by the City to ensure the
safety of all persons and to prevent neglect.
B.
Any government entity that owns abandoned property will be exempt
from the provisions of this Article. For purposes of this Article,
the holder of a Federal Housing Administration ("FHA") mortgage, United
States Housing and Urban Development ("HUD") mortgage or any other
federally insured mortgage shall not be considered a government entity
and shall not be exempt from the provisions of this Article. The owner
of any property that is acquired by the owner through the foreclosure
of an FHA mortgage, HUD mortgage or any other federally insured mortgage
shall also not be exempt from the provisions of this Article.
C.
By designating an authorized agent under the provisions of this Article,
the owner consents to receive any and all notices of code violations
concerning the registered abandoned property and all process in any
court proceeding or administrative enforcement proceeding brought
to enforce code provisions concern the registered abandoned property
by service of the notice of 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 City of a change of an authorized agent or until the owner files
a new annual registration.
D.
The owner is required to update the form within 30 days of a change
of any information contained within the form.
[Ord. No. 14-2018]
The Public Officer may identify abandoned properties through
his/her routine inspection process as well as through notification
by residents, or other community groups that a property may be eligible
for inclusion on the registry. Notice will be served upon, or sent
by mail, to the owner and will be deemed received by the owner, upon
personal delivery; or five days after service by first class mail.
[Ord. No. 14-2018]
A.
Every creditor filing an action to foreclose on a mortgage of any
residential property within the City shall, within 10 days thereof,
notify the Public Officer for the City in writing by mail of said
filing. (See N.J.S.A. 46:10B-51). The 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 within the State
who is authorized to accept service on behalf of the creditor.
B.
The notice shall also contain the name and contact information of
the representative of the creditor who is responsible for receiving
complaints of property maintenance and code violations. In the event
the creditor that has served a summons and complaint in an action
to foreclose on a residential property is located out of state, the
notice shall also contain 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 abandoned.
C.
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 assuming ownership of the vacant and abandoned property, whichever is earlier; or within 10 calendar days of receipt of notice from the City, and annually thereafter, file a registration statement for such vacant and abandoned property with the Public Officer consistent with Section 115-69, for such purposes. Any failure to receive notice from the City shall not constitute grounds for failing to register the vacant and abandoned property.
D.
Each vacant and abandoned property having a separate block and lot
number as designated in the official tax maps of the City shall be
registered separately.
E.
The registration statement shall include the name, street address,
telephone number and email address (if applicable) of a person 18
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.
F.
The registration statement shall include the name, street address,
telephone number and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the abandoned and vacant property. The individual
or representative of the firm responsible for maintaining the abandoned
and vacant 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.
G.
The registration shall remain valid for one year from the date of
registration except for the initial registration which shall be valid
through December 31st of the year in which it was filed. The creditor
shall be required to renew the registration annually as long as the
building remains vacant and abandoned and shall pay a registration
or renewal fee in the amount prescribed in Section 8 for each vacant
and abandoned property registered.
H.
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.
I.
The creditor shall notify the Public Officer within 30 calendar days
of any change in the registration information by filing an amended
registration statement on a form provided by the City Clerk for such
purpose.
[Ord. No. 14-2018]
After filing a registration statement or a renewal of a registration
statement and upon reasonable notice, the owner and/or creditor of
any abandoned property shall provide access to the City to conduct
an exterior and interior inspection of the building to determine compliance
with the Municipal Code, during the period covered by the initial
registration or any subsequent renewal.
[Ord. No. 14-2018]
A.
The owner and/or creditor of any abandoned property shall immediately
upon possession or the filing of a summons and complaint in an action
to foreclose on a residential property within the City be immediately
responsible for the care, maintenance, security and upkeep of the
exterior of the property, after the property becomes vacant and abandoned
and shall:
(1)
Enclose and secure the building against unauthorized entry in accordance
with the applicable provisions of the Code of the City of South Amboy
and as per the specifications established by the Department of Housing
and Urban Development ("HUD") for securing abandoned and/or vacant
properties.
(2)
Post a sign affixed to the building indicating the name, address
and telephone number of he owner, the owner's authorized agent for
the purpose of service of process (if designated pursuant to this
section) and the person responsible for the day to day supervision
and management of the property, if such person is different from the
owner or authorized agent. The sign shall be of a size and placed
in such a location so as to be visible from the nearest public street
or sidewalk, whichever is nearer, but shall be no smaller than 8"
x 10" and shall state: WARNING: THIS BUILDING IS SECURED PURSUANT
TO CHAPTER 115 OF THE CITY OF SOUTH AMBOY REVISED GENERAL ORDINANCES.
ANYONE ENTERING THIS BUILDING WITHOUT AUTHORIZATION WILL BE SUBJECT
TO ARREST."
(3)
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 property is complete.
(4)
Ensure that all bushes and trees are trimmed and that they do not
interfere with the neighboring property.
(5)
Ensure that grass does not exceed eight inches in height and that
all grass clippings are removed from the lot when the grass is cut.
(6)
Lots must be clear of all garbage, litter and debris. Abandoned properties
must be clear of all vehicles: cars, boats, campers, etc.
(7)
All sidewalks bordering abandoned properties must be maintained and
cleared of snow, ice, tripping hazards, obstructions, garbage, litter
and debris.
(8)
The owner and/or creditor shall perform regular weekly inspections
of the abandoned property to ensure compliance with the requirements
of this section.
B.
Failure to maintain. If the owner and/or creditor of the abandoned
properties fails to comply with the provisions of this Article, the
City shall take the necessary steps to bring the property into compliance
with this section. All costs incurred by the City in connection with
its efforts to bring the property into compliance shall be forwarded
to the Tax Collector for inclusion as a municipal lien on the property.
[Ord. No. 14-2018]
A.
The initial registration fee for each abandoned property shall be
$500. The fee for subsequent renewals shall be $1,000. The registration
shall remain valid for one year from the date of registration except
for the initial registration which shall be valid through December
31st of the year in which it was filed. The owner and/or creditor
shall be required to renew the registration annually as long as the
building remains vacant and abandoned, and shall pay a registration
or renewal fee in the amount prescribed in this Article for each vacant
and abandoned property registered. The annual renewal shall be completed
by January 1st of each year. The initial registration fee shall be
pro-rated for registration statements received less than 10 months
prior to that date.
B.
Any owner who is not in full compliance with this Article or who
otherwise violates any provision of this Article or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than $250 and not more than $1,000. 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 a lien
on the property.
C.
For purposes of this Article, failure to file a registration statement
in time, failure to provide correct information on the registration
statement, and/or failure to comply with any other provision of this
section shall be deemed to be a violation hereunder.
D.
The Public Officer shall be authorized to issue a notice to an owner
and/or creditor that has filed a summons and complaint in an action
to foreclose on a residential property within the City, if the Public
Officer determines that an owner and/or creditor has failed to provide
for the care, maintenance, security and/or upkeep of a vacant property.
F.
The notice referenced in paragraph D above shall require the owner
and/or creditor to correction the violation within 20 days of receipt
of the notice, or within five days of receipt of the notice of the
violation present an imminent threat to public health and safety.
G.
The issuance of notice pursuant to paragraph D above shall constitute
proof that a residential property is vacant and abandoned for the
purposes of this Article.
[Ord. No. 14-2018]
It is the intent of the City Council to incorporate the additions, amendments and/or supplements contained in this Article into the Code. All of the remaining provisions of Chapter 115 of the Code shall remain unchanged and have full force and legal effect. All other resolutions and ordinances governing property maintenance enacted and inconsistent herewith are hereby modified pursuant to the terms of this Article.
