[Adopted 5-13-2025 by Ord. No. 11-25]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Oaklyn.
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions present, presents the indicia that the property is vacant. Such conditions may include, but are not limited to, overgrown and/or dead vegetation; past-due utility notices and/or disconnected utilities; accumulation of trash, junk or debris; abandoned vehicles, auto parts or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers, mail and/or mail being returned, or statement by neighbors, passersby, delivery agents or government agents; or the presence of boards over doors, windows or other openings in violation of applicable codes.
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
OPERATOR
Any person, persons or entity who is not the owner, who has charge, care and control of a premises or part thereof, with or without the knowledge, consent or authority of the owner. "Operator" shall also include a creditor, as defined in P.L. 2014, c. 5,[1] that has served a notice of intention to foreclose on a mortgage on a residential or commercial property pursuant to P.L. 1960B, c. 244, and that property has become vacant after the filing of this intention to foreclose.
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 (P.L. 2008, c. 127, Sec. 17, as amended by P.L. 2009, c. 296), or any other entity determined by the Borough of Oaklyn to have authority to act with respect to the property.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the Borough limits.
RESPONSIBLE PARTY
Means the title holder of a vacant and abandoned property or a creditor responsible for the maintenance of a property pursuant to Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
SEMIANNUAL REGISTRATION
Six months from the date of the first action that requires registration, as determined by the Borough, or its designee, and every subsequent six months. The date of the initial registration may be different than the date of the first action that required registration.
UTILITIES
Any utility that is essential for a building to be habitable. This includes, but is not limited to, electric, gas, water, and/or sewer.
VACANT
Any parcel of land in the Borough that contains any building or structure that is not lawfully occupied, or inhabited by human beings which may be as evidenced by the conditions set forth in the definition of "evidence of vacancy" above, which is without lawful tenant, or lawful occupant or without a certificate of occupancy.
VACANT AND ABANDONED PROPERTY
Any residential or commercial building which is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, and at which at least two of the following conditions exist:
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 and abandoned;
I. 
Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damages, 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.
[1]
Editor's Note: See N.J.S.A. 46:10B-51.
The responsible party of any vacant property, as defined herein, shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming control 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 Property Maintenance Inspector on forms provided by the Borough of Oaklyn for such purposes. Failure to receive notice by the municipality shall not constitute grounds for failure to register the property.
A. 
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
B. 
The registration statement shall include the name, street address, telephone number and e-mail address (if applicable) of a person 21 years or older, designated by the responsible party or parties 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 or responsible parties in connection with the enforcement of any applicable code; and the name, street address, telephone number and e-mail address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property. The individual or representative of the firm 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. Both entities shown on the statement must maintain offices 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 time, which shall be prorated through December 31. The responsible party 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 § 101-41 for each vacant property registered.
D. 
The annual renewal shall be completed by January 1 each year. The initial registration fee shall be prorated for registration statements received less than 10 months prior to that date.
E. 
The responsible party shall notify the Borough Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Borough Clerk 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 Borough against the responsible party or responsible parties of the building.
The responsible party of any vacant property registered under this article shall provide access to the Borough to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property responsible party or the designated agent. Such inspections shall be carried out on weekdays during the hours of 8:00 a.m. and 4:00 p.m., or such other time as may be mutually agreed upon between the responsible party and the Borough.
A. 
A responsible party who meets the requirements of this article with respect to the location of his or her residence or workplace in the State of New Jersey may designate him 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 responsible party 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 responsible party 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 responsible party notifies the Borough, in writing, of a change of authorized agent or until the responsible party files a new annual registration statement.
C. 
Any responsible party who fails to register vacant property under the provisions of this article shall further be deemed to consent to receive by posting on the building, in plain view, and by service of notice at the last known address of the responsible party of the property on record within the Borough of Oaklyn 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.
On or before the 45th day after notification of the responsible party by the Borough that the property is vacant and abandoned and until the property is reoccupied, the responsible party for a vacant and abandoned property shall:
A. 
Enclose and secure the property against unauthorized entry;
B. 
Post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the responsible party, any authorized agent designated by the responsible party for the purpose of receiving service of process, and the person responsible for maintaining the property if different from the responsible party or authorized against; and
C. 
Acquire and otherwise maintain liability insurance by procuring a vacancy policy covering any damage to any person or any property caused by any physical condition of the property.
A. 
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Oaklyn, or such other court having jurisdiction, be liable to a fine of not less than $500 nor exceeding $1,250 or imprisonment for a term not exceeding 90 days or community service for a term not exceeding 90 days, or all of the above. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this article.
B. 
For purposes of this section, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming the status of a responsible party 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.
C. 
Any penalty imposed pursuant to this section shall be recoverable by a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The Superior Court, Law Division, Camden County, or the Municipal Court of the Borough of Oaklyn shall have jurisdiction to enforce such penalty.