[HISTORY: Adopted by the Township Committee of the Township
of Middletown 3-7-2022 by Ord. No. 2022-3333. Amendments noted where applicable.]
The purpose of this chapter is to mitigate blight and dangerous
conditions created by vacant and abandoned properties throughout the
Township and to address the same pursuant to the provisions of the
Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq.,
and associated police powers of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
Pursuant to N.J.S.A. 55:19-81, an abandoned property is defined
as any property that has not been legally occupied for a period of
six months and which meets any one of the following criteria:
The property is in need of rehabilitation in the reasonable
judgment of the Township, and no rehabilitation has taken place during
that six-month period.
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Township pursuant to this section.
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Title 54 of the Revised
Statutes of the date of the determination by the Township pursuant
to this section.
Any building or structure which is not legally occupied or at
which all lawful business or construction operations or renovation
work or residential occupancy has substantially ceased, and which
is in such condition that it cannot legally be reoccupied without
repair or rehabilitation, and/or the property has been determined
to be a nuisance by the Township in accordance with N.J.S.A. 55:19-82.
A property which contains both residential and nonresidential space may be considered abandoned pursuant to N.J.S.A. 55:19-78, so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the Township and the property meets the criteria of either Subsection A or D of this definition.
Any person or entity, 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/or
assignee of the mortgagee's rights, interests or obligations
under a mortgage or mortgage note on a property located within the
Township which has taken any one of the following actions with regard
to an abandoned property or vacant property:
Shall mean and include the titleholder, any agent of the
titleholder 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,
or any other entity determined by the Township to have authority to
act with respect to the 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 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 a vacant property for purposes of this
section.
Effective April 1, 2022, the owner or creditor 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 Township, file
a registration statement for such vacant property with the Township
on forms provided by the Township for such purposes. Failure to receive
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 include the name, street address,
telephone number, and email address of a person 21 years or older,
designated by the owner or 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
owner or creditor in connection with the enforcement of any applicable
Township Code; and the name, street address, telephone number, and
email address 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.
C.
The owner or creditor shall be required to renew the registration
by January 1 each year as long as the property remains a vacant property
and shall pay a registration or renewal fee, in the amount required
herein, for each vacant property registered.
D.
The owner or creditor shall notify the Township Clerk within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Township Clerk for
such purpose.
E.
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 or
creditor of the building.
The owner or creditor of any vacant or abandoned property registered
under this section shall provide access to the Township to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes upon reasonable notice to the owner or creditor
or the designated agent. Such inspections shall be carried out on
weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such other
time as may be mutually agreed upon between the owner or creditor
and the Township.
A.
An owner or creditor who meets the requirements of this section with
respect to the location of their residence or workplace in the State
of New Jersey may designate themselves 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 or creditor 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 or creditor
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 or creditor
notifies the Township of Middletown, in writing, of a change of authorized
agent or until the owner or creditor files a new annual registration
statement.
C.
Any owner or creditor who fails to register vacant property under
the provisions of this section 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 or creditor of the
property on record within the Township of Middletown 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.
The owner or creditor of any property that has become vacant
or abandoned, and any person maintaining or operating or collecting
rent for any such building that has become vacant or abandoned, shall,
within 30 days thereof:
A.
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;
B.
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, 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 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 eight inches by 10 inches;
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;
D.
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 trash, debris, loose litter, and grass and weed growth;
E.
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;
F.
Provide proof of property and casualty liability insurance policy
in a minimum amount of $1,000,000 on any vacant or abandoned property.
A.
Any person or entity that violates any provision of this chapter or of the rules and regulations issued hereunder shall be fined pursuant to § 1-4 of the Township Code. Fines assessed under this section shall be recoverable from the owner or creditor 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 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 chapter.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this chapter are, to the extent of such inconsistency,
hereby repealed.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or otherwise invalid by
a court of competent jurisdiction, such decision shall not affect
the remaining portions of this chapter.
This chapter shall take effect upon final passage, adoption
and publication in the manner prescribed by law.
