[Adopted 12-27-2018 by Ord. No. 2018-09]
There is hereby established in the Township a Property Maintenance
Code to be known as the Washington Township Code Enforcement Agency,
consisting of zoning and/or code enforcement. The Zoning and/or Code
Enforcement Officer shall be the chief administrator of the enforcing
agency. The Fire Protection Subcode Official shall be appointed by
the Township Committee from those persons recommended by the Fire
Chief(s), all other shall be appointed by the Township Committee.
As used in this section, the following words shall have the
following meanings:
Includes 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 N.J.S.A. 46:10B-51 (P.L. 200205,
c. 121, Sec. 11 as amended by P.L. 2009, c. 296), or any other entity
determined by the Township 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. 55:19-2050; provided, however, that
any property where all building systems are in working order, where
the building and grounds are maintained in good order and 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 article.
Effective October 1, 2014, 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 from the municipality, file a registration
statement for such vacant property with the Township Code Enforcement
Officer on forms provided by the Township for such purposes. The owner
of any property which meets the definition of vacant property at the
time of the effectiveness of this article, shall have 30 days to register
the property. Any failure to provide 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 be promulgated by the Township Administrator
and include such information for the Township to effectively contact
an authorized representative of the property concerning maintenance
and enforcement issues.
C.
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 property. The individual or representative of
the firm responsible for maintaining the 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, however, in
the initial year of the ordinance, the registrations shall be valid
through December 31, 2015. 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 this ordinance for each vacant property registered.
E.
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.
F.
The owner shall notify the Clerk within 15 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. The owner
shall have a continuing obligation to maintain true and accurate registration
information with the Township.
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 owner of
the building.
Upon reasonable notice, the owner of any vacant property registered
under this article shall provide access to the Township on weekdays
during the hours between 9:00 a.m. and 4:00 p.m. to conduct exterior
and interior inspections of the building to determine compliance with
municipal codes.
A.
An owner who meets the requirements of this article 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 article,
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 article 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
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 article shall 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
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, including, but not limited
to, enforcement of this section.
The registration and each renewal fee for each building shall
be $250. Said fee is intended to cover the municipality's inspection
of the property and to cover the municipality's cost for notices under
this article.
A.
In addition to the registration of the property pursuant to this
article, 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 of the inception
of any vacancy:
(1)
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
(2)
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent 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 protected from the weather
by plastic covering and be of a size and placed in such a location
so as to be visible and legible to a person standing at the front
door of the main building, but shall be no smaller than eight inches
by 10 inches; and
(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 building is complete; and
(4)
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
(5)
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.
A.
This article may be enforced by the Zoning Officer, Code Enforcement
Officer, and all sworn law enforcement officers.
B.
Any person who violates any provision of this article or of the rules
and regulations issued hereunder shall be fined not less than $100
and not more than $2,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this chapter shall be recoverable from the owner and
shall be constitute a lien on the property.
C.
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 article.
