[Adopted 4-21-2015 by Ord. No. 2015-3]
[Amended 12-6-2022 by Ord. No. 2022-15]
Whereas, the Township of Willingboro contains numerous structures
that are vacant in whole or large part; and
Whereas, in many cases the owners, creditors and/or other responsible
parties of these structures are neglectful of them, are not maintaining
or securing them to an adequate standard, or restoring them to productive
use; and
Whereas, it has been established that vacant and abandoned structures
may cause severe harm to the health, safety and general welfare of
the community, including diminution of neighboring property values,
increased risk of fire, and potential increases in criminal activity
and public health risk; and
Whereas, the Township of Willingboro incurs disproportionate
costs in order to deal with the problems of vacant and abandoned structures,
including but not limited to excessive police calls, fire calls and
property inspections; and
Whereas, it is in the public interest for the Township of Willingboro
to establish minimum standards of accountability on the owners, creditors
or other responsible parties of vacant and abandoned structures in
order to protect the health, safety and general welfare of the residents
of the Township of Willingboro; and
Whereas, it is in the public interest for the Township of Willingboro
to impose a fee in conjunction with a registration ordinance for vacant
and abandoned structures in light of the disproportionate costs imposed
on the Township by the presence of these structures.
As used in this article, the following terms shall have the
meanings indicated:
A state-chartered bank, savings bank, savings-and-loan association
or credit union, any person required to be licensed under the provisions
of the NJ Residential Mortgage Lending Act, Sections 1 through 39
of P.L. 2009, c. 53,[1] and any entity, agent, or assignee acting on behalf of
the creditor named in the debt obligation, but not limited to servicers,
who has filed a complaint in the Superior Court seeking to foreclose
upon a residential or commercial mortgage. A creditor shall not include
the state, a political subdivision of the state, or a state, county,
or local government entity or their agent or assignee, such as the
servicer.
[Added 12-6-2022 by Ord. No. 2022-15]
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 of N.J.S.A. 46:10B-51 et seq., or
any other entity determined by the Township of Willingboro to have
authority to act with respect to the property.
[Added 12-6-2022 by Ord. No. 2022-15]
A property shall be deemed vacant and abandoned for purposes of Chapter 272 if:
[Amended 3-1-2016 by Ord.
No. 2016-2; 12-6-2022 by Ord. No. 2022-15]
The property is not or has not been legally occupied by an owner,
tenant or mortgagor for 60 days; and
The property cannot be legally reoccupied because of at least
two of the following conditions:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric or water utility services to the
property;
The accumulation of hazardous, noxious or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant or abandoned;
Windows or entrances to the property that are boarded up, closed
off, or multiple window panes that are damaged, broken, and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
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;
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;
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;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment; or
Failure to obtain a required certificate of occupancy or certificate
of compliance within 30 days of change of ownership.
[1]
Editor's Note: See N.J.S.A. 17:11C-51 et seq.
[Amended 12-6-2022 by Ord. No. 2022-15]
A.
The owner/creditor of any vacant property, as defined herein, shall,
within 60 days after the building becomes vacant property or within
30 days after assuming ownership of the vacant property, whichever
is later, file a registration statement for each such vacant property
with the Willingboro Township Inspections Department on forms provided
by that department for such purposes. The registration shall remain
valid for one year from the date of registration. The owner/creditor
shall be required to renew the registration annually as long as the
building remains vacant property and shall pay a registration or renewal
fee in the amount prescribed under the fee schedule.
B.
Any owner/creditor of any building that meets the definition of "vacant
property," upon passage of this article, shall file a registration
statement for that property. The registration statement shall include
the information required under registration statement requirements
of this article, as well as any additional information that the Inspections
Department may reasonably require.
C.
The owner/creditor shall notify the Inspections Department within
30 days of any change in the registration information by filing an
amended registration statement on a form provided by the Inspections
Department for such purpose.
D.
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(s)
or creditor(s) of the building.
[Amended 12-6-2022 by Ord. No. 2022-15]
A.
After filing a registration statement or a renewal of a registration
statement, the owner/creditor of any vacant property shall provide
access to the Township to conduct an exterior and interior inspection
of the building to determine compliance with the Township Municipal
Code, following reasonable notice, during the period covered by the
initial registration or any subsequent renewal.
B.
The registration statement shall include the name, street address,
and telephone number of a natural person 21 years of age or older
designated by the owner(s) or creditor(s) 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(s) or creditor(s) in connection with the enforcement
of any applicable code. This person must maintain an office in the
State of New Jersey or reside within the State of New Jersey. The
statement shall also include the name of the person responsible for
maintaining and securing the property, if different.
C.
An owner/creditor who is a natural person and who meets the requirements
of this article as to location of residence or office may designate
himself or herself as agent.
D.
By designating an authorized agent under the provisions of this section,
the owner/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 this notice or process of an authorized agent. Any owner/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/creditor
notifies the Inspections Department of a change of authorized agent
or until the owner/creditor files a new annual registration statement.
The designation of an authorized agent in no way releases the owner/creditor
from any requirements of this article.
A.
The initial
registration fee for each building shall be $500. The fee for the
renewal is $750, and the fee for the second renewal is $1,000. The
fee for any subsequent renewal beyond the second renewal is $1,500.
[Amended 3-5-2021 by Ord. No. 2021-4]
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Registration/Renewal
|
Fee
|
|
Initial registration
|
$500
|
|
First renewal
|
$750
|
|
Second renewal
|
$1,000
|
|
Any subsequent renewal
|
$1,500
|
B.
Any funds collected as vacant property registrations fees, in excess
of the funds necessary to operate and enforce the provisions of this
chapter, will be for the purpose of property rehabilitation within
the Township of Willingboro at the discretion of the governing body.
[Added 3-1-2016 by Ord.
No. 2016-2]
[Amended 3-1-2016 by Ord.
No. 2016-2; 12-6-2022 by Ord. No. 2022-15]
The owner/creditor of any building that has become vacant property
and any person maintaining, operating, or collecting rent for any
such building that has become vacant shall, within 30 days:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the code of the Township of Willingboro;
and
B.
Post a sign affixed to the building indicating the name, address
and telephone number of the owner/creditor, the owner's or creditor's
authorized agent for the purpose of service of process, and the person
responsible for day-to-day supervision and management of the building,
if such person is different from the owner holding title, creditor
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 18 inches by 24
inches; 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.
A.
Any owner/creditor who is not in full compliance with this article
or who otherwise violates any provision of this article or the rules
and regulations issued hereunder shall be subject to a fine of 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 article shall be recoverable from
the owner and shall be a lien on the property.
[Amended 12-6-2022 by Ord. No. 2022-15]
B.
For purposes of this section, the failure to provide accurate information
upon the registration statement and the failure to timely file the
registration statement shall be deemed to be violations of this article.
A.
Nothing in this article is intended to nor shall be read to conflict
or prevent the Township from taking action against buildings found
to be unfit for human habitations or unsafe structures as provided
in applicable provisions of the Code of the Township of Willingboro.
Further, any action taken under any such code provision other than
the demolition of a structure shall relieve an owner from its obligations
under this article.
B.
This article shall take effect upon a final passage and publication
and in accordance with the laws of the State of New Jersey.
C.
The provisions of this article are severable. To the extent any clause,
phrase, sentence, paragraph, or provision of this article shall be
declared invalid, illegal or unconstitutional, the remaining provisions
shall continue in full force and effect.
