[Adopted 7-16-2013 by Ord. No. O-13-29]
[Amended 12-20-2022 by Ord. O-22-28]
As used in application of this article for which any property,
vacant or abandoned, that any municipal ordinance applies, the following
terms shall have the meanings indicated:
Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property. Each block and lot shall be a separate property.
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this article, 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.
Includes 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 Public Law 2008, Chapter 127, Section 17 (N.J.S.A. 46:10B-51), or Section 2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2), any debtor in possession of the property, lienholder or mortgage holder, or any other entity determined by the Township to have authority to act with respect to the property.
Any person or entity who files a registration statement in
accordance with this article shall be also known as a "registrant."
Any construction, production, or piece of work artificially
built up or composed of parts purposefully joined together.
Any residential or commercial structure that meets the following
criteria shall be deemed vacant:
If it is not legally occupied by an owner, a mortgagor or tenant,
which is in such condition that it cannot legally be reoccupied because
of the presence or a finding of at least two of the following:
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 or 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;
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.
Each block and lot shall be considered a separate property.
[Amended 12-20-2022 by Ord. O-22-28]
A.
The owner of any vacant property as defined herein shall, within
30 days after the structure becomes vacant property or within 30 days
after assuming ownership of the vacant property, or within 10 calendar
days after receipt of notice from the Township, whichever is earlier,
file a registration statement for each such vacant property on forms
or manner provided by the Township for such purposes. The registration
shall remain valid for 12 months from the date of registration. The
registrant shall be required to renew the registration every year
as long as the structure remains vacant property and shall pay a registration
or renewal fee in the amount prescribed herein for each vacant property
registered. The vacant property registration shall run with the land
from the date the property is first determined to be vacant by the
municipality.
B.
Any owner of any structure that meets the definition of "vacant property" prior to the effective date of this article shall file a registration statement for that property in accord with Subsection A.
C.
The registrant shall notify the Code Enforcement Office within 10
days of any change in the registration information, including but
not limited to change in ownership, by filing an amended registration
statement on a form provided by the Code Enforcement Office for such
purposes.
D.
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 structure.
E.
Any owner of vacant property who intends to restore the property
to occupancy following the initial registration shall file a detailed
plan for restoration, returning the property to a habitable condition,
on a form issued by the Code Enforcement Office, together with an
amended registration statement.
(1)
During the restoration period, the owner shall be exempt for a period
of 12 months from payment of the vacant property registration fee(s),
as long as the property is being actively restored, but shall comply
with all other laws, regulations and municipal ordinances. Exception
will terminate if the restoration activity ceases.
(2)
In the event the property has not been approved for occupancy at
the end of the twelve-month period, the owner shall be liable for
any fees waived. The Fire Chief or his/her designee may extend the
waiver of the registration fee for not more than one additional twelve-month
period in response to a written request, prior to the expiration of
the initial twelve-month period, by the property owner where the Fire
Chief or his/her designee finds compelling conditions existed outside
the owner's control which inhibited the owner from restoring
the property within the initial twelve-month period.
A.
After filing a registration statement or a renewal of a registration
statement, the owner or registrant of any vacant property shall provide
access to the Township to conduct an exterior and interior inspection
of the structure to determine compliance with the Municipal Code,
following reasonable notice, during the period covered by the initial
registration or any subsequent renewal.
[Amended 12-20-2022 by Ord. O-22-28]
B.
The registration statement shall include the name, street 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. This person must maintain an office in the State of New Jersey
or reside within the State of New Jersey. The statement shall also
include the name of the person responsible for maintaining and securing
the property, if different.
C.
An owner who is a natural person and who meets the requirements of
this article as to location of residence or office may designate himself
or herself as agent.
D.
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 structure 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 Code
Enforcement Office of a change of authorized agent or until the owner
files a new annual registration statement. The designation of an authorized
agent in no way releases the owner from any requirement of this article.
[Amended 12-20-2022 by Ord. O-22-28]
[Amended 12-20-2022 by Ord. O-22-28]
The registrant shall pay $2,000 per property annually if the
property is vacant or abandoned pursuant to the definition in this
article. This vacant property registration fee is separate and distinct
from any fee owed because the property is in foreclosure.
[Amended 12-20-2022 by Ord. O-22-28]
The registrant of any vacant property, and/or any person or
entity maintaining, operating or collecting rent for any such structure
that has become vacant, shall, within 30 days from vacancy:
A.
Secure the structure against unauthorized entry for the pendency
of vacancy.
B.
Post a sign affixed to the structure indicating the name, address
and telephone number of the owner, the owner's authorized agent
for the purpose of service of process and the person responsible for
day-to-day supervision and management of the structure, if such person
is different from the owner holding title or the authorized agent.
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 18 inches by 24 inches; and the
sign shall remain in place for the pendency of vacancy.
C.
Maintain the vacant property for the entire period of vacancy in
accordance with all applicable local and state property maintenance
codes, ordinances or regulations, building codes, health codes and
fire codes pertaining to the exterior condition and appearance of
the structure, the safety and structural integrity of the structure,
the outdoor portion of the property, the condition and safety of accessory
structures on the property, and any conditions on the property which
constitute a hazard or adversely affect the health and safety of persons
who may have contact with the vacant property.
D.
Promptly repair all broken windows, doors and other openings and
unsafe conditions. Boarding up of open and broken windows and doors
is prohibited, except as a temporary measure for no longer than 45
consecutive days, which period may be extended at the discretion of
the Fire Chief or his/her designee. Boards or coverings must be installed
and painted in accordance with Township specifications.
E.
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 while registered
with the property registration program, in an amount of not less than
$1,000,000 for any unit or structure, including, but not limited to,
residential or structures 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 structure.
Any insurance policy acquired or renewed after the structure has become
vacant shall provide for written notice to the Fire Chief or his/her
designee within 30 days of any lapse, cancellation or change in coverage.
The owner shall attach evidence of the insurance to the registration
statement. Any registration statement submitted that does not include
such evidence of insurance shall not be deemed to be a valid registration.
[Amended 12-20-2022 by Ord. O-22-28]
The Fire Chief or his/her designee shall issue rules and regulations
for the administration of the provisions of this article.
[Amended 12-20-2022 by Ord. O-22-28]
A.
Any registrant who is not in full compliance with this article or
who otherwise violates any provision of this article or of the rules
and regulations issued hereunder shall be subject to a fine of not
more than $2,000 for each offense. Each day on which a violation of
this article exists shall be considered a separate and distinct violation
and shall be subject to imposition of a separate penalty for each
day of the violation as any court of competent jurisdiction may determine.
Fines assessed under this article shall be recoverable from the owner
and shall be a lien on the property.
B.
For purposes of this section, failure to file a registration statement in accordance with § 249-2 above, knowingly providing misleading or incorrect information on the registration statement, or failure to comply with any provisions of this article shall be deemed to be violations of this article.
C.
Property registration fees imposed pursuant to § 249-1 et seq. of this article shall be considered a municipal charge pursuant to the Tax Sale Law, N.J.S.A. 54:5-1 et seq.
D.
In any case in which the municipality abates a nuisance, corrects a defect, or puts the premises in a condition so as to comply with the requirements of § 249-1 et seq., any municipal ordinance or state law applicable, the cost thereof shall be certified by the ordering municipal official to the governing body, which shall examine such certificate of cost and, if it finds said certificate to be correct, shall cause such cost to be charged against the real estate. The amount so charged shall thereupon become a lien and tax upon said real estate and be added to and be a part of the taxes next to be levied and assessed thereon, and enforced and collected, with interest, by the same officers and in the same manner as other taxes. The imposition and collection of a penalty by any court for violations of the provisions of § 249-1 et seq. or any ordinance or state law shall not constitute any bar to the right of the Township to collect such assessment of costs, as certified, for the necessity to abate a nuisance, defect or remedy necessary to put the premises in proper condition in the manner herein authorized.
[Amended 12-20-2022 by Ord. O-22-28]
Nothing in this article is intended to or shall be read to prevent
the Township from taking action against structures found to be unfit
for human habitation or unsafe structures, as provided in applicable
provisions of the Code of the Township of Montclair, or imposing a
lien for costs on any property to the full extent permitted by law,
or pursuing any other remedy provided in law. 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 article.
