[Added 3-10-2020 by Ord. No. 12-2020]
As used in this article, the following terms shall have the
meanings indicated:
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 City Clerk in writing of a change of authorized agent or until
the owner files a new annual registration statement.
[Added 8-14-2023 by Ord.
No. 33-2023]
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.
[Added 8-14-2023 by Ord.
No. 33-2023]
Consecutive calendar days.
[Added 8-14-2023 by Ord.
No. 33-2023]
The process by which property is placed as security for a
real estate loan to satisfy the debt if the borrower defaults.
[Added 8-14-2023 by Ord.
No. 33-2023]
Any of the following actions taken by the mortgagee against
the borrower of a property:
[Added 8-14-2023 by Ord.
No. 33-2023]
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.
[Added 8-14-2023 by Ord.
No. 33-2023]
Any title holder, any agent of the title holder having authority
to act with respect to a vacant property, an 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
a court of competent jurisdiction the City of Hackensack to have authority
to act with respect to the property.
Any real estate, residential property, or portion thereof,
located in the City of Hackensack, including buildings or structures
situated on the property. For purposes of this section only, the term
"property" does not include property owned or subject to the control
of the City of Hackensack, or any of its associated agencies or instrumentalities.
[Added 8-14-2023 by Ord.
No. 33-2023]
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
[Added 8-14-2023 by Ord.
No. 33-2023]
Taking measures that assist in making the property inaccessible
to unauthorized persons.
[Added 8-14-2023 by Ord.
No. 33-2023]
Any vacant land, or any building used or to be used as a
business or residence that 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.
55:19-81; 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
article.
[1]
Editor's Note: See N.J.S.A. 17:11C-51 et seq.
[Amended 8-14-2023 by Ord. No. 33-2023]
The owner of any vacant property as defined herein shall, within
60 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 Zoning Officer, Assistant Zoning Officer or designee
assigned by the City Manager to administer this article ("public officer"),
utilizing forms provided by the City for such purposes. Failure to
receive notice from the City shall not excuse the owner's obligation
to register the property.
A.
Each party
having a separate block and lot number as designated in the City's
official records shall be registered separately.
B.
Registration
statement.
(1)
The
registration statement shall include:
(a)
The name, street address, telephone number, and email address (if
applicable) of a person 21 years 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
(b)
The name, street address, telephone number, and email address (if
applicable) of the person or entity responsible for maintaining the
property, who shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis. If an entity is designated to maintain the
property, the actual name(s) of the entity's individual principal(s)
shall be disclosed in the registration statement.
(2)
The
authorized agent and the party responsible for maintaining the property
may be the same. However, both the authorized agent and the party
responsible for maintaining the property must either maintain an office
in the state of New Jersey or reside within the state of New Jersey.
C.
The registration shall remain valid for one year from the date of registration except for the initial registration, which shall expire on December 31 of the year the property is initially registered. 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 § 44-49, for each vacant property registered.
D.
The annual
renewal shall be completed by December 31st for the subsequent year.
The initial registration fee shall be prorated for registration statements
received on or after March 1.
E.
The owner
shall notify the public officer within 30 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the public 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 City against the owner or owners of the building.
G.
If the public officer 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 public
officer's first notice of code violations or summons for improper
maintenance. Failure to receive notice from the City of Hackensack
shall not negate this requirement to register the vacant and/or abandoned
property.
H.
If foreclosure proceedings have been initiated, then the creditor
must provide to the City the registration statement within 10 days
of initiation of foreclosure proceedings. In addition to the information
in the registration statement, such notice must include: i) the date
the summons and complaint were filed against the subject property;
ii) the court in which it was filed and the docket number; and iii)
a statement as to whether the property is vacant and/or abandoned.
If the property was not vacant and/or abandoned at the time foreclosure
proceedings have been initiated but it subsequently becomes vacant
and/or abandoned, then the creditor must provide the City with an
updated property registration to reflect the change in the property's
status.
I.
Once the property is no longer vacant and/or abandoned, or is sold
otherwise transferred, the owner must provide proof of sale, transfer,
or occupancy to the public office within 30 days of the sale, transfer
or occupancy.
J.
For purposes of this chapter, a property is 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.
[Added 8-14-2023 by Ord. No. 33-2023][1]
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 City of Hackensack
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 City of
Hackensack;
(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 City of Hackensack 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 phone number for
a representative, agent, or individual authorized to accept services
on behalf of a creditor required to register pursuant to this chapter
following the filing of the summons and complaint, the creditor shall
provide the City with updated information within 10 days of the change
of that information.
C.
A creditor located outside the State of New Jersey shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor.
D.
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the City of Hackensack shall be immediately
responsible for maintenance, security and upkeep of the exterior of
the vacant and/or abandoned property.
E.
Adherence to this section does not relieve the owner of any other
obligations set forth in the City Code, or of any covenants or restrictions,
or homeowners' association rules and regulations.
F.
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 property registered under this section
shall provide access to the City 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. Such inspections shall be carried out on weekdays during the
hours of 9:00 a.m. through 4:00 p.m. or such other time as may be
mutually agreed upon between the owner and the City.
A.
An owner
who meets the requirements of the section with respect to the location
of his or her residence or workplace in the State of New Jersey may
designate himself or 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 purposes of
this section until the owner notifies the City of Hackensack, 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 initial registration of the property shall be $250. Upon
renewal of the registration for the second year, the registration
fee shall be $500; renewal for the third year shall be $1,000; renewal
for the fourth year shall be $2,000; and for every year thereafter
said registration fee shall be $4,000.
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 City Code, or as set forth in the
rules and regulations supplementing those codes until the building
is again legally occupied or demolished or until repair or rehabilitation
of the building is complete; and
B.
Ensure
that the exterior grounds of the structure, including yards, fences,
swimming pools, 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.
A.
If the
owner is in violation of any terms and conditions of this article,
the City shall send notice to the owner, via certified and regular
mail, as identified on the registration, that such violation must
be remedied within 30 days. If such violation is not remedied within
30 days of such notice, the City shall cause a summons to be issued.
B.
In addition
to such summons, the City shall have the right to expend public funds
in order to abate the nuisance, correct or remedy the violation, or
secure the premises against unauthorized entry, and such costs shall
be paid by the property owner and/or registered agent.
C.
For the purposes of obnoxious weeds or growth, the cutting of the grass, or removal of snow and ice, the notice provided to the owner pursuant to § 44-52A, above, shall include such notice that unless the owner shall object, a regular schedule shall be established between the contractor and the City to trim said obnoxious weeds or growth, to cut the grass, or remove the snow and ice on the property. Said regular schedule of work shall be no more than twice a month.
[Amended 8-14-2023 by Ord. No. 33-2023]
[Amended 8-14-2023 by Ord. No. 33-2023]
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 article shall be subject
to a fine of not less than $100 and not more than $2,000 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 City of Hackensack from
taking all such action it deems necessary to clean up and maintain
the property on an as-needed basis when the property is found to be
unsafe or unfit for human habitation. The City of Hackensack 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 public officer 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 City of Hackensack.
F.
Any fine or cost associated with cleaning up the property that remains
uncollected or unpaid shall, by resolution of the 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.
The provisions of this article are intended to supplement, and not replace, any other legal requirements regulating vacant and abandoned properties which have established by New Jersey law or regulation, or the City Code, including, but not limited to, §§ 44-1 through 44-44 of the City Code. Nothing in this article shall be read to limit in any way the City from taking action against buildings found to be unfit for human habitation or structurally unsafe as authorized by New Jersey law or regulation or City Code provision. 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 article.
The City Manager may issue rules and regulations for the administration
of the provisions of this article. Such rules and regulations, as
approved by the City Attorney, shall be maintained on file by the
City Clerk and Public Officer.
Any funds collected as vacant and abandoned property registration
fees in excess of the funds necessary to operate and enforce the provisions
of this article shall be used to reduce the number of vacant and abandoned
buildings within the City of Hackensack and to encourage the restoration
of these properties, including, but not limited to, the securing,
rehabilitation, foreclosure or demolition of vacant and abandoned
properties within the City of Hackensack at the discretion of the
governing body.
