[HISTORY: Adopted by the Township Committee of the Township
of Holland 7-21-2015 by Ord. No.
2015-7. Amendments noted where applicable.]
This chapter authorizes the Township of Holland to govern the
maintenance of vacant or abandoned property in the Township of Holland,
establishing registration requirements and levying a registration
fee on owners of vacant properties.
As used in this chapter, the following terms shall have the
meanings indicated:
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 provision of N.J.S.A. 46:10B-51 (P.L.2008, c.
127, § 17) or any other entity determined by the Township
of Holland.
Any building used or to be used for residential or commercial
purposes which is not legally occupied or at which substantially all
lawful construction operations or occupancy has ceased; provided,
however, that any property that contains all building systems in working
order, is fully compliant with our property maintenance codes, and
is being actively marketed by its owner for sale or rental, shall
not be deemed vacant. 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 for the purposes of this chapter.
The owner of any building that has become vacant property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant shall, within 30 days:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Code of the Township of Holland.
B.
Post a sign affixed to the building 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 building, if such
person is different from the owner holding title or authorized agent.
The sign shall be of a size and place 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.
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.
Post the property with "No Trespassing" signs of a nature sufficient
to give notice to any person entering upon the property that it is
against the law to enter the property without permission of the owner.
E.
Ensure that the vacant property is inspected on a monthly basis by
the owner's authorized agent and prepare inspection reports,
which shall be forwarded to the Zoning Officer no later than the end
of each month.
F.
Ensure that the vacant property is maintained in accordance with
all property maintenance ordinances of the Township.
G.
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 $300,000 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. 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, which shall subject the owner to penalties under this
chapter.
The Mayor and Township Committee may issue rules and regulations
for the administration of the provision of this chapter.
A.
Any owner who is not in full compliance with this chapter or who
otherwise violates any provision of this chapter or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than $500 and not more than $1,000 for each offense. Each day during
which any violation of this chapter continues shall constitute a separate
and distinct offense. Fines assessed under this chapter shall be recoverable
from the owner and shall be a lien on the property.
B.
For purpose of this chapter, failure to file a registration statement
in time, failure to provide correct information on the registration
statement, failure to submit inspection reports, failure to comply
with the provisions of this chapter, or such other matters as may
be established by the rules and regulations of the Zoning Officer
or his designee, shall be deemed to be violations of this chapter.
Nothing in this chapter is intended nor shall be read to conflict
or prevent the Township from taking action against buildings found
to be unfit for human habitation or unsafe structures as provided
in applicable provisions of the Code of the Township of Holland. Further,
any action taken under any such Code provision other than the demolition
of a structure shall relieve an owner from its obligations under this
chapter.
Any funds collected as vacant property registration fees in
excess of the funds necessary to operate and enforce the provisions
of this chapter shall be used for the purpose of property rehabilitation
within the Township of Holland at the discretion of the Township Committee.
