[Added 9-16-2015 by Ord.
No. 07-15]
For purposes of this chapter, the following terms are defined
as set forth herein:
Shall mean the zoning/housing officer or such official within
that department as may be designated by the department head in writing.
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 of N.J.S.A. 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 Borough 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 et seq.; 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.
[Added 9-16-2015 by Ord.
No. 07-15]
a.
Effective immediately, 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 municipal officer on forms provided
by the Borough for such purposes. Failure to receive notice by the
municipality shall not constitute grounds for failing to register
the property.
b.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
c.
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a 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 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 e-mail 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. 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. The owner shall pay
a 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 owner shall notify the municipal officer within 30 calendar days
of any change in the registration information by filing an amended
registration statement on a form provided by the municipal officer
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 Borough against the owners of
the building.
[Added 9-16-2015 by Ord.
No. 07-15]
The owner of any vacant property registered under this chapter
shall provide access to the Borough 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.
a.
An owner who meets the requirements of this chapter with respect
to the location of his/her residence or workplace in the State of
New Jersey may designate himself/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 purpose of this section until the owner notifies the Borough,
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 chapter 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 with
the Borough 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.
[Added 9-16-2015 by Ord.
No. 07-15]
a.
The registration and annual renewal fee for each building shall be
as follows:
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Initial registration
|
$500
|
|
First renewal
|
$1,000
|
|
Second renewal
|
$1,000
|
|
Subsequent renewal
|
$3,000
|
b.
At least 20% of all fee income resulting from the application of
this chapter shall be used for the sole purpose of carrying our municipal
activities with respect to vacant and distressed properties, including,
but not limited to, code enforcement, abatement of nuisance conditions,
stabilization, rehabilitation, and other activities designated to
minimize blight and further productive reuse of properties.
[Added 9-16-2015 by Ord.
No. 07-15]
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 Borough 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 or the owner's authorized agent,
for the purpose of service of process, 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 no smaller than 18 inches by 24
inches and shall include words "To report problems with this building
call…" and placed in such a location, so as to be legible from
the nearest public street or sidewalk, whichever is nearer; 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.
Make provisions for the cessation of electric or gas utility services
to the property, other than buildings with a fire sprinkler system;
and
e.
Make provisions for winterizing of the property by the cessation
of water service to the property and the draining of water lines,
other than buildings with a fire sprinkler system; and
f.
Make provisions for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Borough of Jamesburg for the
delivery of circulars and advertisements to the property; and
g.
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Borough of Jamesburg; and
h.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from debris, loose litter, and grass and weed growth; and
i.
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.
[Added 9-16-2015 by Ord.
No. 07-15]
The municipal officer may issue rules and regulations for the
administration of the provisions of this chapter. Such administratively
promulgated rules and regulations shall be in writing and shall be
provided to the owners of properties registered under this chapter
or their designated agents within 30 calendar days of their effective
date.
[Added 9-16-2015 by Ord.
No. 07-15]
a.
Any person who violates any provisions of this chapter or of the
rules and regulations issued hereunder shall be fined not less than
$500 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 chapter shall be recoverable from the owner and
shall be 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 days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, failure to comply with the provisions of §§ 19-2 through 19-6 of this chapter, or such provisions contained therein shall be deemed to be violations of this chapter.
