As used in this chapter, the following terms shall have the
meanings indicated:
OWNER
The title holder, any agent of the title holder having authority
to act with respect to a vacant property, any party holding a subordinate
interest in the title holder of any property, and foreclosing entity
subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127,
§ 17) or any other entity determined any court of competent
jurisdiction or by the Borough of Rutherford to have authority to
act or to have any demonstrable interest with respect to the property.
VACANT AND ABANDONED PROPERTY
Any building used or to be used as a residence or business
which is not legally occupied or at which substantially all lawful
construction or business operations or residential occupancy has ceased,
and which is in such condition that it cannot legally be reoccupied
without repair or rehabilitation and at least two of the following
conditions exist:
A.
Overgrown or neglected vegetation, including, but not limited
to brush, weeds, dead or dying trees;
B.
Infestation of insects, vermin, rats, or other pests;
C.
The accumulation of newspapers, circulars, flyers, or mail on
the property;
D.
Disconnected gas, electric, or water utility services to the
property;
E.
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
F.
The accumulation of junk, letter, trash, or debris on the property;
G.
The absence of window treatments such as blinds, curtains, or
shutters;
H.
The absence of furnishings and personal items;
I.
Statements by neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
J.
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
K.
Doors to the property that are smashed through, broken off,
unhinged, or continually unlocked;
L.
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners, that exists due to acts of
vandalism, loitering, criminal conduct, or the physical destruction
or deterioration of the property;
M.
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or any order by municipal
authorities declaring the property to be unfit for occupancy and to
remain vacant and unoccupied;
N.
The mortgage or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
O.
A written statement issued by a mortgager expressing the clear
intent of all mortgagors to abandon the property; or
P.
Any other reasonable indicia of abandonment.
The initial registration fee for each building shall be $250.
The fee for the first renewal is $500. The fee for the second renewal
is $1,000. The fee for any subsequent renewal is $1,000 more than
the previous year's renewal fee. Any and all who shall file the
annual registration statement prior to the end of the 2023 calendar
year shall be deemed as having their registration valid through the
end of the calendar year 2024, and in such case the first renewal
pursuant to this section shall be for the 2025 calendar year.
Vacant and Abandoned Property Registration Fee Schedule
|
---|
A.
|
Initial registration
|
$250
|
B.
|
First renewal
|
$500
|
C.
|
Second renewal
|
$1,000
|
D.
|
Each subsequent renewal
|
$1,000 more than previous year's fee charged to the property
owner
|
The owner of any building that has become a vacant and abandoned
property, and any person maintaining, 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 Borough Code, or as set forth
in rules and regulations supplementing those codes; and
B. Post a sign affixed to the inside of the building indicating the name, address, and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to §
124-3 of this chapter), and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent; and
C. Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete.
D. Place a sign or posting indicating that unauthorized persons are
not permitted entry into the building or on the porch, curtilage or
surrounding areas in accordance with the provisions of N.J.S.A. 2C:18-3b(2).
Said sign/posting shall clearly indicate "No trespassing" in a form
approved by the Borough of Rutherford and shall be placed in a conspicuous
location on the premises. 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 15
inches by 17 inches.
E. The owner of any vacant building shall acquire and otherwise maintain
liability insurance by procuring a vacancy policy in an amount of
not less than $400,000 for buildings designed primarily for use as
residential units and not less than $1,000,000 for any other building
including, but not limited to, buildings designed for manufacturing,
industrial, storage or commercial uses, covering any damage to any
person or any property caused by any physical condition of or in the
building.
F. 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.
The Administration for the Borough of Rutherford may issue rules
and regulations for the administration of the provisions of this chapter.
Counsel for the Borough of Rutherford shall be notified in the event
that any rules and regulations for the administration of the provisions
of this chapter are adopted or amended.