[Added 4-3-2023 by Ord.
No. 2023-05]
As used in this chapter, the following terms shall have the
meanings indicated:
a. ABANDONED PROPERTY - As defined in accordance with the
Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq.,
shall mean the following:
1. Except as provided in N.J.S.A. 55:19-83, 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 Public Officer that:
(a) The property is in need of rehabilitation in the reasonable judgment
of the Public Officer, and no rehabilitation has taken place during
that six-month period;
(b) 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 Public Officer pursuant to this section;
(c) 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 by the Public Officer pursuant to this
section; or
(d) The property has been determined to be a nuisance by the Public Officer
in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82).
2. A property which contains both residential and non-residential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq., so long as two-thirds or more of the total net square footage of the building 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 by the Public Officer and the property meets the criteria of either paragraph 1a or paragraph 1d of this Section
14-1.
b. ACTIVELY MARKETED VACANT PROPERTIES - Owners of properties
meeting the definition of "Vacant Property" that are being bonafidely
actively marketed for sale shall file a Registration Statement with
the Township in accordance with the terms and conditions of this chapter,
but shall be exempt from the payment of a registration fee. The owner
of any such property in order to be exempt from the payment of a registration
fee shall provide adequate proof to the Township of the bonafide active
marketing of the property for sale by providing such evidence of such
bonafide active marketing activities as shall be reasonably required
by the Township, including but not limited to, copies of listing agreements
and/or pending contracts of sale or other advertising or marketing
efforts being made by the property owner directly to promote the sale
of the property. Although exempt from the payment of any registration
fee, in all other respects, the property owner of any vacant property
that is being bonafidely actively marketed for sale shall be required
to maintain the property while it is being bonafidely actively marketed
in accordance with this chapter and all other ordinances of the Township
of Green.
c. CREDITOR - A mortgagee or an agent or assignee of a
mortgagee, such as the servicer, who has filed a complaint in the
Superior Court seeking to foreclose upon a residential or commercial
mortgage. If the entity seeking to foreclose upon the residential
or commercial mortgage changes as a result of an assignment, transfer,
or otherwise after the filing of the foreclosure complaint in the
Superior Court, the new entity shall be deemed the Creditor for purposes
of this chapter. For purposes of this chapter, a Creditor shall not
include the State, a political subdivision of the State, a State,
county or local government entity, or their agent or assignee, such
as the servicer.
d. EVIDENCE OF VACANCY OR ABANDONMENT -
1. In addition to the definitions of vacant and abandoned property in
this chapter, a property shall be considered vacant and/or abandoned
if it is not legally occupied by the owner or tenant(s), and which
is in such condition that it cannot be legally reoccupied because
of the presence or finding of at least two of the following:
(a) Overgrown or neglected vegetation;
(b) The accumulation of newspapers, circulars, flyers, or mail on the
property;
(c) Disconnected gas, electric or water utility services to the property;
(d) The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
(e) The accumulation of junk, litter, trash, or debris on the property;
(f) The absence of window treatments such as blinds, curtains or shutters;
(g) The absence of furnishings and personal items;
(h) Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant or abandoned;
(i) Windows or entrances to the property that are boarded up or closed
off, or multiple window panes that are damaged, broken and unrepaired;
(j) Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
(k) 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;
(l) 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;
(m) 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;
(n) A written statement issued by a mortgagor expressing the clear intent
of all mortgagors to abandon the property; or
(o) Any other reasonable indicia of abandonment.
2. Property determined to be "abandoned property" in accordance with
the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property for the purposes of this section.
e. OWNER - 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, or any other entity determined by the Township of Green
to act with respect to the property. The term "Owner" shall not include
any duly licensed real estate agent engaged solely in the sale of
the property on behalf of the Owner.
f. PROPERTIES UNDER REPAIR OR RENOVATION - Owners of properties
meeting the definition of "vacant property" that are in the process
of being repaired or renovated shall file a Registration Statement
with the Township in accordance with the terms and conditions of this
chapter, but shall be exempt from the payment of a registration fee.
The owner of any such property in order to be exempt from the payment
of a registration fee shall have obtained all necessary permits and
approvals from the Township to repair or renovate the property and
shall demonstrate proof to the Township of diligent continuous efforts
by the owner to promptly complete the repair or renovation of any
such property.
g. PUBLIC OFFICER - as designated in Section
14-14.
h. SEASONAL RESIDENCES - Seasonal residences shall be those
residences in the Township of Green which may only be lawfully occupied
on a limited single basis and not on a year round basis. For seasonal
properties, the properties shall not be considered abandoned or vacant
for purposes of this chapter unless said residence is abandoned or
vacant during the period of time when it may be lawfully seasonably
occupied.
i. SEASONALLY OCCUPIED PROPERTIES - Seasonally occupied properties shall be those properties in the Township which are occupied on a limited, part-time or seasonal basis and not on a year-round basis by the owner. Owners of seasonably occupied residences shall be required to file a registration statement with the Township, but shall be exempt from payment of any registration fee and the posting of a placard on the property as otherwise required by Section
14-5 of this chapter.
j. VACANT 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
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 is vacant. Any property that
contains all building systems in working order, is being maintained
on a regular basis, has not been cited by the Township for any violation
of municipal ordinance within such time and is being actively marketed
by its owner for sale or rental shall not be deemed vacant.
[Added 4-3-2023 by Ord.
No. 2023-05]
a. The owner of any vacant or abandoned property as defined herein shall, within 30 days after the building becomes vacant or abandoned property or within 30 days after assuming ownership of the vacant or abandoned property, whichever is later, file a registration statement for each such vacant or abandoned property with the Township of Green on forms provided by the Township of Green for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant or abandoned property and shall pay a registration or renewal fee in the amount prescribed in section
14-4 of this chapter for each vacant property registered. The initial and renewal fees shall be prorated and or credited accordingly upon legal occupancy.
b. Any owner of any building that meets the definition of "vacant property" or "abandoned property" prior to April 3, 2023, shall file a registration statement for that property on or before June 2, 2023. The registration statement shall include the information required under Section
14-3 of this chapter, as well as any additional information that the Public Officer may reasonably require.
[Ord. No. 2023-05 was adopted
April 3, 2023]
The owner shall notify the Township of Green within 30 days
of any change in the registration information by filing an amended
registration statement on a form provided by the Township of Green
for such purpose.
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c. The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township of Green against the
owner or owners of the building.
[Added 4-3-2023 by Ord.
No. 2023-05]
a. After filing a registration statement or a renewal of a registration
statement, the owner of any vacant or abandoned property shall provide
access to the Township of Green Public Officer if requested, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal. If an inspection is required of the interior
of the property due to complaints or other cause, the fee for such
inspection shall be the same as that for a Continued Certificate of
Occupancy inspection as provided in the applicable provisions of the
Code of the Township of Green.
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 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. The designated agent must have a contact number that will be
available 24 hours per day on an emergency basis. The statement shall
also include the name of the person responsible for maintaining and
securing the property, if different from the designated agent.
c. An owner who is a natural person and who meets the requirements of
this section as to availability of a contact number on a twenty-four-hour
emergency basis may designate himself or herself as agent.
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 Township of Green of a change of the authorized agent or until
the owner files a new annual registration statement. The designation
of an authorized agent in no way releases the owner from any requirement
of this section.
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[Added 4-3-2023 by Ord.
No. 2023-05]
The initial registration fee for each building shall be $500.
The fee for the first renewal is $1,500. The fee for the second renewal
is $3,000. Subsequent renewals beyond the second renewal, shall be
$5,000. Initial fee shall be prorated according to the month of registration
and renewal fees shall be credited when a property becomes legally
occupied during a renewal period.
Vacant and Abandoned Property Registration Fee Schedule
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Registration
|
Fee
|
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Initial registration (per property)
|
$500
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First renewal of registration (per property)
|
$1,500
|
Second renewal of registration (per property)
|
$3,000
|
Subsequent renewals beyond second renewal
|
$5,000
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[Added 4-3-2023 by Ord.
No. 2023-05]
a. The owner of any building that has become vacant or abandoned property,
and any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, immediately:
1. Post a sign affixed to the inside of the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to Section
14-3 of this section), 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 15 inches by 17 inches; and
2. Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Township of Green and maintain the sign required in subsection
14-5a1 above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
3. Make provision for the maintenance of the lawn and yard, including
regular grass cutting and leaf and brush removal and shall also comply
with all applicable provisions of the Code of the Township of Green;
and;
4. Make provision 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 Township of Green for the
delivery of circulars and advertisements to the property; and
5. Make provision for the 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
6. Make provision for the cessation of electric or gas utility services
to the property; other than buildings with a fire sprinkler system,
and
7. Make provision for the regular maintenance of the exterior of the
property.
[Added 4-3-2023 by Ord.
No. 2023-05]
The Township of Green Mayor and Committee may issue rules and
regulations for the administration of the provisions of this section.
[Added 4-3-2023 by Ord.
No. 2023-05]
a. Any person, persons, firm, corporation or other entity violating any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalties set forth in Chapter I, Section
1-5 General Penalty. Each and every day that the violation continues shall constitute a separate offense.
b. For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of Section
14-5 of this section, or such other matters as may be established by the rules and regulations of the Township of Green shall be deemed to be a violation of this section.
[Added 4-3-2023 by Ord.
No. 2023-05]
Nothing in this section is intended to nor shall be read to
conflict or prevent the Township of Green from taking action against
buildings found to be unfit for human habitation or unsafe structures
as provided in applicable provisions of the Code of the Township of
Green and/or the Uniform Construction Code. Further, any action taken
under any such code provision other than the demolition of a structure
shall not relieve an owner from its obligations under this section.
[Added 4-3-2023 by Ord.
No. 2023-05]
Any owner having received notice from the Township that their property has been determined to be either vacant or abandoned may make a request in writing to the Township for an exemption from any of the provisions of this chapter by demonstrating to the Township such special circumstances peculiar to the property that warrants either a temporary or permanent exemption from any of the provisions of this chapter. In the event of a denial of any such exemption request, the owner shall have the right to file an appeal in accordance with the provisions of Section
14-10 hereof.
[Added 4-3-2023 by Ord.
No. 2023-05]
Any owner having received notice from the Township that their
property has been determined to be either vacant or abandoned shall
have the right to appeal any such determination by any Township official
directly to the Governing Body of the Township of Green. Any such
appeal shall be taken within 45 days of the date of the receipt of
notice from the Township of such vacant or abandoned property determination.
The appeal shall be in writing and served on the Township Clerk with
a copy to the Township's Public Officer. Upon the filing of the
appeal, all proceedings against the property shall be stayed pending
the appeal process. The Governing Body shall schedule a hearing on
the appeal as soon as practical at a regularly scheduled or special
meeting of the Township Committee, at which time the property owner
shall have the right to present relevant evidence to the Township
Committee that the property is neither vacant or abandoned. Any such
property owner shall have the right to be represented at any such
hearing and shall have the right to call witnesses and present other
relevant proof. The Mayor shall preside all such hearings, which shall
to the extent applicable, be in accordance with the provisions of
N.J.S.A. 40:55D-10.