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Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[Added 6-23-2009 by Ord. No. MC 3406; amended 6-25-2013 by Ord. No. MC 3495; 6-23-2015 by Ord. No. MC 3541]
[Amended 6-27-2017 by Ord. No. 3611; 3-13-2018 by Ord. No. MC 3635; 6-26-2018 by Ord. No. MC 3656]
A. 
Any person, company, corporation or beneficiary, whose property becomes vacant or shows evidence of vacancy is herein to be considered abandoned and shall within 10 days of receiving notice of the declaration of vacancy register said property with the Director of Housing Services or his or her designee.
B. 
The registration shall contain the name of any owner, including any beneficiary, the direct street address of the owner (no P.O. boxes), a direct contact name and number and in the case of a corporation or LLC, provide a copy of the certificate of formation and a copy of valid driver's license or identification for the owner or principal with physical address, the name, address and number for the local property manager, the person responsible for security, maintenance and marketing of the property, if applicable.
C. 
An annual registration fee of $500 shall accompany the registration form submitted. The fee will be required by August 31 of each year, and must be received no later than September 10 of the year due. Any property that has been validly registered for at least three years shall pay a fee of $750. If the same property remains on the list for five years, then the fee will be increased to $1,000 and, after 10 years, the fee will be increased to $2,000. Any bank that registers a vacant property or vacant lot shall designate a registered agent listed in the State of New Jersey. In the event that a bank fails to comply with this section, a fine of $2,500 per day shall be imposed.
[Amended 6-26-2018 by Ord. No. MC 3656]
A. 
It is the responsibility of the owner to secure the property registered under this article. "Secure" means, but is not limited to, the closure and locking of windows, doors (including garage) and any other opening. In the case of windows, such shall be secured by means of reglazing or boarding of same. The owner should also be responsible for notifying the Township by written notice to the public officer of any change in ownership. For vacant lots see Subsections C and D below.
B. 
If the property is owned by a corporation or out-of-area owner, a local property management company shall be contracted to perform weekly inspections to verify compliance with this article. "Out of the area" shall mean any owner located at least 50 miles away from subject property. The property, if vacant, shall be posted with a name and twenty-four-hour contact number of the local property management company or a twenty-four-hour number for the owner. The posting shall be no less than 18 inches by 24 inches with words in a prominent font and legible. The words, "Property Managed By" and "To Report Problems or Concerns Call. . . ." shall appear on the posted sign. The posting shall be on the inside of an interior window facing the street or on at least one boarded window facing the street or secured on the exterior of the building facing the street where such can be read from the street. The posting of such on a visible stake in front of the property is acceptable.
C. 
A "vacant lot" is defined as a parcel of land that has no structure, a partially built structure (Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place in accordance with the permits issued.), a partial structure or a partially demolished structure leaving the partial structure unsuitable for occupancy. The Township's concerns regarding vacant lots are consistent with the findings and declarations relative to abandoned properties set forth in N.J.S.A. 55:19-79. Vacant lots are a concern because they tend to attract or be subjected to illegal dumping and other nefarious activities.
D. 
All vacant lots and property which has been determined to be a nuisance by the public officer in the Township as defined by Municipal Code § 460-70C shall be completely fenced along the front yard (and side yards if it is a corner property) of the property with a six-foot-high solid wood fence (that cannot be seen through) with support posts spaced a maximum of eight feet, zero inches, apart. The posts shall be installed at a minimum of 24 inches into the ground and secured with concrete. The fence shall have a six-foot-to-eight-foot-wide gate/door to access the lot for maintenance. The fence must remain structurally sound and in good repair at all times. Property owners or their designee must apply for a permit from the Department of Housing, Division of Buildings, prior to installing a fence.
E. 
All vacant lot owners will have until Friday, August 17, 2018, to be in compliance with this revised Municipal Code. Extensions may be granted based on extraordinary situations upon review of a written request submitted by the property owner to the Department of Housing.
A. 
Inspectors under the authority of the Director shall have the authority to issue a summons for any violations found under this article. The Township Public Safety Department is also authorized herein to issue appropriate summonses.
[Amended 10-14-2015 by Ord. No. MC 3553]
B. 
Additional authority. In addition, the Director of Housing Services or his or her designee shall have the authority to require the owner/beneficiary to implement additional maintenance and/or security measures, including requiring a specific type of material for closure purposes, requiring additional lighting, the providing of security guard protection if such building is located in an industrial area or isolated area as determine by the Director, or any other reasonable measures designed to assist in securing the property or rendering it from further decline.
[Amended 3-13-2018 by Ord. No. MC 3635]
[Amended 6-27-2017 by Ord. No. MC 3611; 3-13-2018 by Ord. No. MC 3635]
In addition to the registration fee referenced herein[1] ($500 per year), the penalty set forth in Chapter 1, Article III, Penalties, shall be imposed for each violation of this article for which the party is found responsible.
[1]
Editor's Note: See § 460-69, Registration required; fee.
Properties subject to this article shall be kept free of all weeds, dry bushes, dead vegetation, junk, debris, building material and garbage. Furthermore, there shall not be permitted any accumulation of flyers, notices, discarded personal items of any sort that give the appearance that the property is vacant or abandoned. The property owner shall be responsible for the removal of any graffiti. Visible front side yards and back yards shall be kept properly landscaped according to existing code standards. Failure to adhere to any of the requirements listed above may result in the fines listed in § 460-72.