[HISTORY: Adopted by the City Council of the City of Garfield 9-12-2023 by Ord. No. 3004. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated. Any terms not defined herein shall be given the meaning ascribed in Chapter 242.
OWNER
Any title holder, any agent of the title holder having authority to act with respect to a vacant property, a 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 Garfield to have authority to act with respect to the property.
VACANT PROPERTY
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 chapter.
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 City, 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 chapter ("public officer"), utilizing forms provided by the City for such purposes. Failure to receive notice from the municipality shall not constitute grounds for failing to register the property. Notwithstanding the foregoing, the owner of any property meeting the definition of vacant property as of the effective date of this chapter, shall be required to submit an initial registration statement for that property on or before January 1, 2024.
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-days-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 § 243-5, for each vacant property registered.
D. 
The annual renewal shall be completed by December 31 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.
The owner of any vacant property registered under this chapter 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 Garfield, 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 chapter, 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 § 243-7A, 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.
A. 
Any person who violates any provision of this chapter or of the rules and regulations issued hereunder shall be fined not less than $100 and not more than $2,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this subsection shall be recoverable from the owner and shall be a lien on the property; and
B. 
For purposes of this article, failure to file a registration statement 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 chapter.
The provisions of this chapter 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, §§ 242-1 through 15 of the City Code. Nothing in this chapter 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 chapter.
The City Manager may issue rules and regulations for the administration of the provisions of this chapter. Such rules and regulations, as approved by the City Attorney, shall be maintained on file by the Office of the Tax Collector of the City of Garfield.