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 includes the singular.
B.
Terms defined in the Building Code and Property Maintenance Code. Where terms are not defined in this section and are defined in the Building Code or Property Maintenance Code of the Township of Hanover, they shall have the meanings ascribed to them as in the Building Code and/or Property Maintenance Code of the Township of Hanover set forth at Chapters 105 and 218 of the Code of the Township of Hanover, respectively.
C.
Terms not defined. Where terms are not defined under the provisions
of this code, the Building Code and the Property Maintenance Code,
they shall have ascribed to them their ordinarily accepted meanings
or such as the context herein may imply.
D.
Meanings of certain words. Whenever the words "accessory structure,"
"building," "dwelling," "dwelling unit" or "structure" are used in
this code, they shall be construed, unless expressly stated to the
contrary, to include the plurals of these words and as if they were
followed by the words "or any part thereof." The word "shall" shall
be applied retroactively as well as prospectively.
E.
ABANDONED PROPERTY
(1)
(a)
(b)
(c)
(d)
(2)
(3)
ABANDONED PROPERTY LIST
ABANDONED REAL PROPERTY
ACCESSIBLE PROPERTY/STRUCTURE
APPLICABLE CODES
BLIGHTED PROPERTY
(1)
(2)
(3)
(4)
(5)
BUILDING
CREDITOR
ENFORCEMENT OFFICER
MORTGAGEE
NUISANCE PROPERTY
(1)
(2)
(3)
(4)
(5)
(6)
OWNER
PROPERTY MANAGEMENT COMPANY
PUBLIC OFFICER
RESPONSIBLE PARTY
(1)
(2)
STREET ADDRESS
TOWNSHIP
UNOCCUPIED PROPERTY
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
VACANT AND ABANDONED PROPERTY
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(2)
Applied meaning of words and terms. Unless otherwise expressly stated,
the following words, terms, and phrases, when used in this chapter
of this Code, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
Any property that is determined to be abandoned pursuant
to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), as follows:
The property must not have been legally occupied for six months
and must meet any one of the following criteria:
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.
Construction was initiated and 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 determination
that the building is abandoned.
At least one installment of property tax remains unpaid and
delinquent as of the date of determination.
The property has been determined to be a nuisance by the public
officer as defined in this section.
Exceptions to abandoned property.
A property which contains both residential and nonresidential
space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et
seq. so long as 2/3 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.
With respect to Article II of this chapter only, any real property located in the Township of Hanover, whether vacant or occupied, for which a summons and complaint has been filed with respect to foreclosure on a mortgage, has had a lis pendens filed against it by the lender holding a mortgage on the property, is subject to an ongoing foreclosure action by the lender, is subject to an application for a tax deed or pending Tax Assessor's lien sale, or has been transferred to the lender under a deed in lieu of foreclosure. The designation of a property as "abandoned" shall remain in place until such time as the property is sold or transferred to a new owner, the foreclosure action has been dismissed with prejudice, and any default on the mortgage or lien has been cured.
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or other barrier, or a property/structure
that is unsecured and/or is breached in such a way as to allow access
to the property's immediate surrounding yards or the interior
space of any structure thereon by unauthorized persons, including,
but not limited to, by way of unlocked, missing or damaged doors,
windows, or structural components.
Any and all provisions of the Code of the Township of Hanover;
the statutes of the State of New Jersey, and all regulations promulgated
pursuant thereto.
Property that has broken, severely damaged or missing windows,
doors, walls or roofs, or portions of a structural system, which create
hazardous conditions and encourage trespassing; or
Property that is not maintained in conformance with the maintenance
of other neighboring properties, causing a decrease in value of the
neighboring properties; or
Property declared or deemed unfit, dangerous, unmaintained, a nuisance, or cited for violating any of the provisions of Part II, General Legislation, of the Code of the Township of Hanover at: Chapter 94, Buildings and Structures; Chapter 105, Construction Codes, Uniform; Chapter 137, Fire Prevention; and/or Chapter 218, Property Maintenance; or
Property, or any improvement(s) thereon, declared unsafe or
an imminent hazard pursuant to the Uniform Construction Code Act,
N.J.S.A. 52:27D-119 et seq., the Uniform Fire Safety Act, N.J.S.A.
52:27D-192 et seq., and/or the related regulations promulgated pursuant
thereto, under the Uniform Construction Code, N.J.A.C. 5:23-1.1 et
seq., subcodes, and the Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq.
Property that endangers the public's health, safety or welfare because the property or improvements thereon are dilapidated, deteriorated, or violate or have been cited as violating the minimum health and safety standards or lack of maintenance as required under any other provision of the Code of the Township of Hanover, including but not limited to Part II, Chapter 94, Buildings and Structures; Part II, Chapter 105, Construction Codes, Uniform; Part II, Chapter 137, Fire Prevention; Part II, Chapter 218, Property Maintenance; Part II, Chapter 166, Land Use and Development; and/or Part III, Board of Health Legislation.
Any structure or improvement, or part thereof, whether used
for human habitation or otherwise, and includes any outbuildings and/or
accessory structures.
A state-chartered bank, savings bank, savings and loan association
or credit union, any person required to be licensed under the provisions
of the New Jersey Residential Mortgage Lending Act, Sections 1 through
39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through N.J.S.A. 17:11C-89),
and any entity acting on behalf of the creditor named in the debt
obligation, including, but not limited to, servicers. 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.
Any law enforcement officer, the Construction Official, Building
Inspector, Director of Rehabilitation, Property Maintenance Officer,
Zoning Officer, Fire Chief, Fire Inspector, Assistant Zoning Officer,
Assistant Property Maintenance Officer, the Municipal Engineer, Deputy
Municipal Engineer, or any other officers and employees of the Township
designated by the Township to assist the above-listed officers and
officials or otherwise enforce the Code of the Township of Hanover.
The creditor, including but not limited to trustees, mortgage
service companies, and lenders in a mortgage agreement; any employee,
agent or contractor of the creditor; any successor in interest; or
any assignee of the creditor's rights, interest or obligations
under the mortgage agreement.
Any property that is determined by the enforcement officer
to be a nuisance if any one of the following applies:
The property is found to be unfit for human habitation, occupancy or use pursuant to N.J.S.A. 40:48-2.3 or Chapter 94 of the Code of the Township of Hanover;
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the Township has
secured the property in order to prevent such hazards after the owner
has failed to do so;
The presence of vermin or the accumulation of debris, uncut
vegetation or physical deterioration of the structure or grounds has
created potential health and safety hazards and the owner has failed
to take reasonable and necessary measures to remove the hazards; or
The dilapidated appearance or other condition of the property
materially affects, including the economic welfare of, the residents
of the area in close proximity to the property and the owner has failed
to take reasonable and necessary measures to remedy the conditions;
or
The property falls within the definition and/or characteristics
of "blighted property" as defined hereinabove.
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance and/or upkeep of property,
whether occupied, unoccupied, vacant and/or abandoned.
The Business Administrator and/or Municipal Clerk, or such
other officer, employee, or third-party contractor designated or appointed
by the Township Committee to maintain and oversee the Township's
Property Registration Program.
The owner of real property, titleholder(s) of real property,
an agent of the titleholder(s) authorized to act with respect to a
vacant or unoccupied property (including any property management company),
any property management company, any creditor or foreclosing party
required to provide notice to the Township pursuant to N.J.S.A. 46:10B-51,
and any amendments or supplements thereto, or any other party in interest
determined by the Township's officials or officers to have authority
to act with respect to the maintenance of any unoccupied and/or vacant
property.
"Responsible party" shall also include a creditor responsible
for the maintenance of property pursuant to Section 18 of P.L. 2008,
c. 127 (N.J.S.A. 46:10B-51), and a filing a summons and complaint
in an action to foreclose who shall be responsible for the care, maintenance,
security, and upkeep of the exterior of the property if the property
is vacant and abandoned at any time while the property is registered
with the property registration program; and/or an in-state representative
or agent of the creditor who shall be responsible for the care, maintenance,
security, and upkeep of the exterior of the property if it becomes
vacant and abandoned.
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
The Township of Hanover, County of Morris, State of New Jersey.
Any real property currently improved with a building or structure
or previously improved with a structure or building which no longer
exists in whole or in part due to demolition, fire or other calamity;
and such property is no longer lawfully occupied, in whole or in part,
under one or more of the following scenarios:
The property is a multi-tenant commercial property, such as
a strip mall, office complex or industrial complex, and one or more
of the individual tenant spaces has been vacant for 30 days or more
and the property has otherwise become a blighted property; or
The property is no longer lawfully occupied because it is in
the process of undergoing demolition, construction, renovation, or
rehabilitation; or
The property is no longer lawfully occupied because construction,
renovation or rehabilitation 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 determined by the Construction Official and/or Property
Maintenance Officer; or
The property is not currently occupied, in whole or in part,
because the owner and/or contract purchaser has ceased renting or
leasing the property for the purpose(s) of applying for or obtaining
planning, zoning or other land use approvals, or for the purpose of
developing, redeveloping, renovating, constructing, rehabilitating,
converting or changing one or more uses of the property pursuant to
a planning, zoning or other land use approval that has been obtained;
or
The building and/or structure on the property is not regularly
occupied because the owner is deceased or has relocated; or
The property has been ordered closed and/or vacated by court
order or by order of any federal, state, county or local government
agency, authority or officer by reason of posing health risk, imminent
harm/danger of collapse or fire, and/or due to the presence of contamination;
or
The property has been deemed abandoned property under the provisions
of N.J.S.A. 55:19-78 et seq.; or
The property has not been occupied for a period of six months, and is in need of rehabilitation in the reasonable judgment of the Construction Official and/or Director of Rehabilitation appointed under Chapter 94 of the Code of the Township of Hanover.
Residential property shall not be considered "unoccupied" if
on the property, the primary building or structure is undergoing construction,
renovation or rehabilitation that is proceeding diligently to completion
and the building is in compliance with all applicable ordinances,
codes, regulations and statutes; there is a building occupied on a
seasonal basis that is otherwise secure and in compliance with all
applicable ordinances, codes, regulations and statutes; or there is
a building that is secure and is otherwise in compliance with all
applicable ordinances, codes, regulations and statutes, but it is
unoccupied because it is the subject of a probate action, action to
quiet title, or other ownership dispute.
Any residential or commercial property shall be considered vacant
and abandoned if it is not legally occupied by an owner, mortgagor
or tenant, and such property cannot be legally reoccupied because
of the presence or a finding of at least two or more 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 and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes 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 under any other provisions of the Code of the Township
of Hanover or pursuant to any other state, county or local law;
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; or
Any other reasonable indicia of abandonment.
For purposes of this chapter, "vacant and abandoned" residential
property is also defined to mean residential real estate with respect
to which the mortgagee proves in the Superior Court of New Jersey,
by clear and convincing evidence, that the mortgaged real estate is
vacant and has been abandoned; or where a notice of violation has
been issued by the Township's Construction, Zoning and/or Property
Maintenance Officer pursuant to Section 3 of P.L. 2021, c. 444 (N.J.S.A.
40:48-2.12s3) for a creditor's failure to provide care, maintenance,
security and upkeep of the exterior of such residential property.
Where a notice of violation has not been issued pursuant to Section
3 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s3), real property shall
be deemed "vacant and abandoned" if a court of competent jurisdiction
finds that the property, mortgaged of not, is not occupied by an owner,
mortgagor or tenant as evidenced by a lease agreement entered into
prior to the service of a notice of intention to commence foreclosure
according to Section 4 of the Fair Foreclosure Act, P.L. 1995, c.
244 (N.J.S.A. 2A:50-56), and at least two of the above-listed conditions
exist.
