[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:
CREDITOR
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.
EXTERIOR OF PREMISES
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.
NUISANCE
Shall mean:
(1)
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.
(2)
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.
OPERATOR
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.
OWNER
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.
PREMISES
Shall mean a lot, plot or parcel of land, right-of-way or
multiples thereof, including the building or structures thereon.
PUBLIC OFFICER
Shall mean the individual designed by the Mayor, in accordance
with N.J.S.A. 55:19-80.
REFUSE OR RUBBISH
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".
VACANT PROPERTY
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]
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]
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]
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.