[Adopted 3-15-2023 by Ord. No. 2023-07]
A.
Registration required; renewal; waiver of fee.
(1)
Effective on June 1, 2023, the owner of any vacant property as defined
herein shall, within 30 days after the building becomes vacant property
or within 30 days after assuming ownership of the vacant property,
whichever is later; or within 10 days of receipt of notice by the
municipality, file a registration statement for such vacant property
with the municipal officer, on forms provided for that purpose by
the municipal officer, along with any fee required by this section.
Failure to receive notice by the municipality shall not constitute
grounds for failing to register the property.
(2)
Each property having a separate tax block and lot number shall be
registered separately.
(4)
The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building or structure remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection D for each vacant property registered.
(5)
For purposes of efficient administration, the municipal officer may
establish a single date in each year upon which all registrations
shall be renewed, in which case the initial registration fee shall
be prorated for any property that has become a vacant property less
than 10 months prior to that date.
(6)
The owner shall notify the municipal officer within 30 days of any
change in the registration information by filing an amended registration
statement on a form provided by the municipal officer for such purpose.
(7)
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
owners of the building.
(8)
The municipal officer is authorized to draft and enforce rules and
regulations to effect the provisions and purposes of this section.
Such rules and regulations shall be made available on the Township's
website and in the available in the municipal building of the Township.
B.
At any time after filing a registration statement or a renewal of
a registration statement, the owner of any vacant property shall provide
access to the Township to conduct exterior and interior inspections
of the building to determine compliance with municipal codes, on reasonable
notice to the property owner or the designated agent.
C.
Registration statement information; authorized agent.
(1)
The registration statement shall include:
(a)
The name, street address, email 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; and
(b)
The name, street address, email address and telephone number
of the firm or individual 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.
(2)
An owner who is a natural person may designate himself or herself
as agent or as the individual responsible for maintaining the property.
(3)
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 and 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 municipal
officer, in writing, of a change of authorized agent or until the
owner files a new annual registration statement.
(4)
Any owner who fails to register a vacant property under the provisions
of this section shall further be deemed to consent to receive, by
posting at the building, any and all notices of code violations and
all process in an administrative proceeding brought to enforce code
provisions concerning the building.
D.
Fees.
(1)
The registration and renewal fee for each building or structure shall
be as follows:
|
Type
|
Fee
|
|---|---|
|
Initial registration
|
$500
|
|
First annual renewal
|
$750
|
|
Second annual renewal
|
$1,000
|
|
All subsequent annual renewals
|
$2,000
|
(2)
All fee income resulting from the application of this section shall
be deposited in a trust fund that shall be used for the sole purpose
of carrying out municipal activities with respect to vacant and distressed
properties, including, but not limited to, code enforcement, abatement
of nuisance conditions, stabilization, rehabilitation, and other activities
designed to minimize blight and/or promote further productive reuse
of properties.
E.
The owner of any structure that has become vacant property, and any
person responsible for maintaining any such building that has become
vacant, shall, within 30 days of the structure becoming vacant or
30 days of the owner taking title to the property:
(1)
Enclose and secure the structure as provided in the applicable code
of the Township of Florence or as set forth in rules and regulations
adopted by the municipal officer to supplement those codes;
(2)
Ensure that the grounds of the structure, including yards, fences,
sidewalks, walks and driveways, are well maintained and kept free
from trash or debris;
(3)
Post a sign affixed to the structure with the name, address and telephone
number of the owner and the owner's authorized agent for the
purpose of service of process, and the name, address and telephone
number of the entity responsible for maintenance of the property,
which may be the same as the authorized agent. The sign shall be at
least eight inches by 24 inches in dimension, shall include the words
"To report problems with this building, call. . . .", and shall be
placed in a location where it is clearly legible from the nearest
public street sidewalk; and
(4)
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
or demolished or until repair or rehabilitation of the building is
complete.
F.
Liability insurance.
(1)
The owner of any vacant property shall acquire or otherwise maintain
liability insurance, in an amount of not less than $300,000 for buildings
designed primarily for one- to four-unit residential use and not less
than $1,000,000 for any other building, including, but not limited
to, buildings designed for multifamily, manufacturing, storage or
commercial uses, covering any damage to any person or any property
caused by any physical condition of or in the building.
(2)
Any insurance policy acquired or renewed after the building has become
vacant shall provide for written notice to the municipal officer within
30 days of any lapse, cancellation or change in coverage. The owner
shall attach evidence of the insurance to the owner's registration
statement. Any registration statement submitted that does not include
such evidence shall not be deemed to be a valid registration.
G.
Violations and penalties.
(1)
Any person who violates any provision of this section or of the rules
and regulations issued hereunder shall be fined not less than $250
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 section shall be recoverable from the owner and
shall be a lien on the property.
(2)
For purposes of this section, failure to file a registration statement within 30 days after a building becomes vacant property or within 30 days after assuming ownership of a vacant property, whichever is later; or within 10 days of receipt of notice by the municipality, failure to provide correct information on the registration statement, failure to comply with the provisions of Subsection E or F of this section or such other matters as may be established by the rules and regulations of the municipal officer shall be deemed to be violations of this section.
A.
Purpose. A registration of properties in foreclosure is hereby established
for the Township of Florence consistent with the provisions of P.L.
2021, c. 444.
B.
Registration requirements.
(1)
Within 30 days of the effective date of this article, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Township: i) prior to the effective date of this article; and ii) which is pending as of the effective date of this article, shall provide notice in accordance with Subsection B(2) of this section.
(2)
Notice.
(a)
Within 10 days of filing a summons and complaint with the New
Jersey Superior Court in an action to foreclose on a commercial and/or
residential mortgage for a property located within the Township, the
creditor shall notify the Township Clerk, or his/her designee, of
the action. Such notice shall include:
[1]
The address, block and lot of the subject property;
[2]
The date the summons and complaint in an action to foreclose
on a mortgage was filed against the subject property, the court in
which it was filed, and the docket number of the filing;
[3]
Whether the property is vacant and abandoned in accordance with
the definition in this chapter;
[4]
The full name, address, and telephone number for the representative
of the creditor who is responsible for receiving notice of complaints
of property maintenance code violations;
[5]
The full name, address, and telephone number of any persons
or entity retained by the creditor or a representative of the creditor
to be responsible for any care, maintenance, security, or upkeep of
the property; and
[6]
If the creditor is out of state, the full name, address, and
telephone number of an in-state representative or agent who shall
be responsible for any care, maintenance, security, or upkeep of the
property, and for receiving notice of complaints of property maintenance
and code violations.
(b)
The notice requirements herein represent a continuing obligation
throughout the pendency of the foreclosure action. After initial notice
to the Township, creditors subject to the notice requirement shall
update the Township's foreclosure property registration program
within 10 days of any change in the information contained in the original
or any subsequent notices.
(3)
Creditors of any commercial and/or residential mortgage required
to notify the Township pursuant to this section shall:
(a)
Register the property with the Township's foreclosure property
registration program as a property in foreclosure within 30 days of
notifying the Township.
(b)
Be subject to the registration fee, notice requirements, and
penalties for noncompliance established within this article.
(c)
Update the property registration within 10 days of any change
in the information contained in the original notice to the Township.
(d)
If an out-of-state creditor, appoint an in-state representative
or agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Township.
(e)
Within 10 days of the property becoming vacant, as defined in Article II of this chapter, at any time during the pendency of the foreclosure action, the creditor shall:
[1]
Assume responsibility for the care, maintenance, upkeep, and
security of the exterior of the property;
[2]
Secure the property against unauthorized entry;
[3]
Post a sign on the inside of the property, visible to the public,
containing the name, address, and telephone number of the creditor,
or an out-of-state creditor's in-state representative or agent,
for the purpose of receiving service of process;
[4]
Acquire and maintain a vacancy insurance policy which covers
any damage to any person or property caused by any physical condition
of the property while registered with the Township's property
registration program;
[5]
Provide proof, within 10 days of receiving a request by the
Township or its designee, that the above conditions have been satisfied;
[6]
Cure any violations of the above requirements within 30 days
of receiving a notice of violation, or if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice;
(4)
If at any time the creditor is deemed to be in violation of the above
requirements, and/or if the property is deemed to be in violation
of any other applicable local or state maintenance, health, or safety
codes, the Construction Code Official or his/her designee shall notify
the creditor using the contact information provided in the property
registry established by this chapter.
C.
Violations and penalties.
(1)
An out-of-state creditor subject to the notice and registration requirements
of this chapter, found to be in violation of the requirement to appoint
an in-state representative or agent, shall be subject to a fine of
$2,500 for each day of the violation. The violation shall be deemed
to commence on the day after the creditor's initial ten- or thirty-day
requirement to notify the Township of applicable foreclosure actions.
(2)
A creditor subject to the notice and registration requirements of
this chapter found to be in violation of any other section of this
chapter shall be subject to a fine of $1,500 for each day of the violation.
The violation shall be deemed to commence on the 31st day following
the creditor's receipt of a notice of violation, or if deemed
to present an imminent threat to public health and safety, on the
11th day following the creditor's receipt of such notice.
(3)
If the Township expends public funds in order to abate a nuisance
or correct a violation on a commercial property in situations in which
the creditor was given notice pursuant to this chapter, but failed
to abate the nuisance or correct the violation as directed, the Township
shall have the same recourse against the creditor as it would have
against the owner of the property, including, but not limited to,
the recourse provided under N.J.S.A. 55:19-100 et seq.
(4)
For purposes of this article, failure to file a registration statement under Article II of this chapter 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 article.
