[HISTORY: Adopted by the Town Council of the Town of Westfield 3-10-2020 by G.O. No. 2161. Amendments noted where applicable.]
This chapter shall be known hereinafter as "Registration and
Maintenance of Vacant and/or Abandoned Properties." This chapter is
intended to protect and preserve the public health, safety and welfare
and security and quiet enjoyment of residents and neighborhoods by
1) requiring all residential property owners, including lenders, trustees
and service companies, to properly maintain vacant and/or abandoned
properties; 2) regulating the maintenance of vacant and/or abandoned
properties in order to prevent blighted and unsecured residences;
and 3) establishing a registry to identify and track vacant and/or
abandoned properties. In addition to any other remedies in law or
equity not set forth herein, enforcement authority shall be vested
in the Town Engineering Inspector; provided, however, that the Planning
and Zoning Department, the Building Department, the Department of
Public Works, and the Health Department, or such other department
as designated by the Town Administrator, shall also have enforcement
authority under this chapter.
(a)
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
(b)
Terms defined in other codes. Where terms are not defined in this
chapter and are defined under New Jersey state statute, they shall
have the same meanings ascribed to them as in New Jersey state statute.
(c)
Terms not defined. Undefined terms shall have their ordinarily accepted
meanings.
(d)
The word "shall" is always mandatory and not merely directory.
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
Any property that has not been legally occupied for a period
of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by the Engineering Inspector that:
The property is in need of rehabilitation and no rehabilitation
has taken place during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving it unsuitable for occupancy, and no construction
has taken place for at least six months as of the date of a determination
by the Engineering Inspector pursuant to this chapter;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with N.J.S.A. 54:4-1 et
seq., as of the date of a determination made by the Engineering Inspector
pursuant to this chapter; or
The property has been determined by the Engineering Inspector
to be a nuisance in accordance with N.J.S.A. 55:19-82.
A property which contains both residential and nonresidential
space may be considered abandoned so long as 2/3 or more of the total
net square footage of the property was previously legally occupied
as residential space and none of the residential space has been legally
occupied for at least six months at the time of the determination
of abandonment made by the Engineering Inspector and the property
meets the criteria of this section.
Person the owner designates to receive any and all notices
of code violations concerning the vacant and/or abandoned property
and all service of process in any court proceeding or administrative
enforcement proceeding brought to enforce code provisions concerning
the registered property. Any owner who has designated an authorized
agent shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner notifies
the Town Clerk in writing of a change of authorized agent or until
the owner files a new annual registration statement.
A state-chartered bank, savings bank, savings and loan association
or credit union, person or entity required to be licensed under the
provisions of the New Jersey Residential Mortgage Lending Act,[1] any foreclosing entity subject to N.J.S.A. 46:10B-51,
and any entity acting on behalf of the creditor named in the debt
obligation.
Consecutive calendar days.
The primary enforcement authority shall be the Town Engineering
Inspector; provided, however, that the Planning and Zoning Department,
the Building Department, the Department of Public Works, and the Health
Department, or such other Department as designated by the Town Administrator,
shall also have enforcement authority under this chapter.
The process by which property is placed as security for a
real estate loan to satisfy the debt if the borrower defaults.
Any of the following actions taken by the mortgagee against
the borrower of a property: 1) delivering a mortgagee's notice of
intention to foreclose to the borrower; 2) commencing a foreclosure
action by filing a lis pendens in the Superior Court of New Jersey;
3) taking legal possession of the property.
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 assignee of the
mortgagee's rights, interests or obligations under the mortgage agreement.
Every person, entity, service company, property manager or
real estate agency, who alone or with others:
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise;
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 an agent, executor, executrix, administrator, administratrix,
trustee or guardian, trustee or guardian of the estate of the holder
of legal title;
Is a mortgagee who has filed a notice of intent to foreclose
or has filed a foreclosure complaint;
Is an agent, trustee, or other person appointed by the courts
and vested with possession or control of any such property;
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;
Operates a boarding house; or
Is a trustee who holds, owns, or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
Any real estate, residential property, or portion thereof,
located in the Town of Westfield, including buildings or structures
situated on the property. For purposes of this section only, property
does not include property owned or subject to the control of the Town
of Westfield, or any of its governmental bodies, or agencies.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Taking measures that assist in making the property inaccessible
to unauthorized persons.
Any property 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 for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months, and
which exhibits evidence of vacancy such that a reasonable person would
believe that the property has been vacant for three or more months.
Such evidence would include, but is not limited to, evidence of the
existence of overgrown or dead vegetation; accumulation of newspapers,
circulars, flyers or mail; past-due utility notices or disconnected
utilities; accumulation of trash, junk or debris; the absence of window
coverings such as curtains, blinds or shutters; the absence of furnishings
or personal items consistent with residential habitation; statements
by neighbors, delivery agents, or government employees that the property
is vacant; infestation by insects, vermin, rats or other pests; windows
or entrances that are boarded up or closed off; multiple window panes
that are damaged, broken or unrepaired; doors that are smashed, broken,
unhinged or continuously unlocked; or any uncorrected violation of
a municipal building, housing or similar code during the preceding
year.
[1]
Editor's Note: See N.J.S.A. 17:11C-51 et seq.
[Amended 2-28-2023 by G.O. No. 2023-04]
(a)
All owners of vacant and/or abandoned property must file a registration
statement with the Town Clerk for each such property within 90 days
after it becomes vacant and/or abandoned or within 30 days after assuming
ownership of the vacant and/or abandoned property, whichever is later.
Forms for such purposes shall be provided at the Town Clerk's
office. Such forms must state:
(1)
The name, street address, email address, and telephone number of
a natural person who resides or maintains an office within the state
and who is either the owner or an authorized agent of the property;
(2)
The name, street address, e-mail address, and telephone number of
the person responsible for maintaining the property, if different;
(4)
Whether the property was inspected by the Town; and
(5)
Whether the property is vacant and/or abandoned at the time of filing.
(b)
If the enforcement authority determines that the property is vacant
and/or abandoned, and foreclosure proceedings have not been initiated,
the registration statement must be received within 14 days of the
enforcement authority's first notice of code violations or summons
for improper maintenance. Failure to receive notice from the Town
of Westfield shall not constitute grounds for failing to register
the vacant and/or abandoned property.
(c)
If foreclosure proceedings have been initiated against any property, then the creditor must provide the Town with a registration statement within seven days of initiation of the foreclosure proceedings. In addition to the information contained in Subsection (a), such notice must also include the date the summons and complaint were filed against the subject property, the court in which it was filed, and the docket number, as well as a statement as to whether the property is vacant and abandoned. If the property was not vacant or abandoned at the time foreclosure proceedings have been initiated but it subsequently becomes vacant or abandoned, then the credit must provide the Town with an updated property registration to reflect the change in the property's status.
(d)
All creditors that are located outside of the State of New Jersey
are responsible for appointing an in-State representative or agent
to act on behalf of the creditor.
(e)
All registrations are valid for one year from the date of registration.
The owner shall be required to renew the registration annually as
long as the property remains vacant and/or abandoned and shall pay
a registration or renewal fee in the amount prescribed herein for
each property registered. The initial registration fee shall be prorated
according to the month of registration and renewal fees shall be credited
when a property becomes legally occupied.
(f)
The initial registration fee shall be $1,000 and must accompany the
registration statement. Subsequent annual registration fees shall
be $1,500 for the first renewal, $2,000 for the second renewal, and
$3,000 for all subsequent renewals.
(g)
Each vacant and/or abandoned property having a separate block and
lot number as designated in the official tax maps for the Town of
Westfield shall be registered separately.
(h)
Once the property is no longer vacant and/or abandoned, or is sold
or otherwise transferred, the owner must provide proof of sale, transfer,
or occupancy to the enforcement authority within 30 days of the sale,
transfer or occupancy.
(i)
For purposes of this chapter, a property shall be considered vacant
and abandoned if it is not legally occupied by a mortgagor or tenant,
which is in such condition that it cannot be legally reoccupied, because
of the presence or finding of at least two of the following:
(1)
Overgrown or neglected vegetation;
(2)
The accumulation of newspapers, circulars, flyers, or mail on the
property;
(3)
Disconnected gas, electric, or water utility services to the property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
(5)
The accumulation of junk, litter, trash, or debris on the property;
(6)
The absence of window treatments such as blinds, curtains, or shutters;
(7)
The absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or closed
off, or multiple window panes that are damaged, broken, and unrepaired;
(10)
Doors to the property 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
[Amended 2-28-2023 by G.O. No. 2023-04]
(a)
The owner and any individual or property management company responsible
for maintenance of the property that has become vacant and/or abandoned
shall, within 45 days of the property becoming vacant and abandoned,
or 30 days of the owner taking title to the property:
(1)
Post a sign affixed to the interior of the property and visible to
the public indicating the name, address, and telephone number of the
owner, authorized agent, and the party responsible for maintenance
of the property. 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 in dimension. If the property is set back from the street,
the sign may be posted on a well-secured post or stake in the front
yard of the property.
(2)
Enclose and secure the property against unauthorized entry as provided
in the applicable provisions of the Code for the Town of Westfield
and maintain the sign above until the property is again legally occupied
or demolished, or until repair or rehabilitation of the property is
complete;
(3)
Make provisions for the: a) maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Town of Westfield; b) maintenance of the fences, sidewalks,
walks and driveway and ensure that same are kept free from trash and
debris; c) cessation of delivery of mail, newspapers and circulars
to the property, including having the property listed on any then-existing
exclusion list maintained by the Town of Westfield for the delivery
of circulars and advertisements to the property; d) winterization
of the property by the cessation of water service to the property
and the draining of water lines; e) cessation of electric or gas utility
services to the property; and f) regular maintenance of the exterior
of the property.
(b)
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to this ordinance
following the filing of the summons and complaint, the creditor shall
provide the Town with updated information within 10 days of the change
in that information.
(c)
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Town of Westfield shall be immediately
responsible for maintenance, security, and upkeep of the exterior
of the property if it becomes vacant and/or abandoned at any time
while registered under this ordinance.
(d)
Adherence to this section does not relieve the owner of any other
obligations set forth in the Town Code of the Town, or of any covenants
or restrictions, or homeowners' association rules and regulations.
(e)
This section shall not be construed to diminish any property maintenance
responsibilities of property owners who are not subject to the provisions
of the section.
The owner of any vacant and/or abandoned property shall acquire
or otherwise maintain liability insurance, in an amount of not less
than $300,000, for properties designed primarily for one- to four-unit
residential use and not less than $1,000,000 for any other property,
including, but not limited to, buildings designed for multifamily,
manufacturing, storage, or commercial uses, covering any damage to
any person or property caused by any physical condition of the property.
Any insurance policy acquired or renewed after the property has become
vacant and/or abandoned shall provide for written notice to the Town
Clerk within 30 days of any lapse, cancellation, or change in coverage.
The owner shall attach evidence of the insurance to the registration
statement. Any registration statement submitted that does not include
such evidence shall not be deemed to be a valid registration.
The enforcement authority shall have the duty and responsibility
to inspect properties subject to this chapter for compliance and to
issue summonses for any violations.
[Amended 2-28-2023 by G.O. No. 2023-04]
(a)
Failure to file a registration statement, as well as failure to correctly
identify the name of the owner (or authorized agent) and the individual
or property management company responsible for maintenance of the
property, within the time periods set forth herein by a creditor is
punishable by a fine of up to: 1) $500 per property annually for any
property that is required to be registered because a summons and complaint
in an action to foreclose was filed by the creditor; and 2) an additional
$2,000 per property annually if the property is vacant or abandoned
when the summons and complaint in an action to foreclose is filed,
or becomes vacant and abandoned at any time thereafter while the property
is in foreclosure.
(b)
For all properties that are vacant and/or abandoned but are not the
subject to a foreclosure action, failure to file a registration statement
within the time periods set forth herein is punishable by a fine of
up to $1,250. If applicable, failure to correctly identify the name
of the owner (or authorized agent) and the individual or property
management company responsible for maintenance of the property, is
punishable by a fine of up to $1,250.
(c)
Any person who violates any provision of this chapter shall be subject
to a fine of not less than $500 and not more than $2,500 for each
offense. Each day that a violation continues shall constitute a separate
and distinct offense. Any fines imposed shall commence 30 days following
receipt of notice of code violations or a summons for improper maintenance,
except if the violation presents an imminent risk to public health
and safety, in which case any fines shall commence 11 days following
receipt of the notice.
(d)
Nothing contained herein shall prevent the Town of Westfield from
taking all such action it deems necessary to cleanup and maintain
the property on an as-needed basis when the property is found to be
unsafe or unfit for human habitation. The Town of Westfield may impose
a lien against the property for costs associated with such cleanup
and maintenance. Any such actions taken under this provision shall
not relieve the owner from its obligations.
(e)
The enforcement authority shall be authorized to issue a notice to
the creditor if it is determined that the creditor has failed to provide
for the maintenance of the exterior of the vacant and/or abandoned
property. The notice shall require the creditor to correct the violation(s)
within 30 days of receipt of the notice, or within 11 days of receipt
of the notice if the violation presents an imminent threat to public
health and safety. A creditor that is found to be in violation of
the maintenance requirements shall be subject to a fine not exceeding
$2,500. Any fines imposed on a creditor shall commence 11 days following
receipt of notice from the Town of Westfield.
(f)
Any fine or cost associated with cleaning up the property that remains
uncollected or unpaid shall, by resolution of the Town Council, become
a lien upon the property, which lien shall hereafter form part of
the taxes next to be assessed and levied upon said property, 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.
Upon the effective date of the ordinance from which this chapter
derives, any existing vacant and abandoned properties shall have 30
days to comply with the provisions of this chapter.
