As used in this chapter, the following terms shall have the
meanings indicated:
Pursuant to N.J.S.A. 55:19-81, any property that has not
been legally occupied for a period of six months and which meets any
one of the following additional criteria may be deemed to be abandoned
property upon a determination by the public officer that:
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and no rehabilitation has taken place
during the six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the public officer pursuant to this
section;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Chapter 4 of Title
54 of the Revised Statutes of the date of the determination by the
public officer pursuant to this section; or
The property has been determined to be a nuisance by the public officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82). A property which contains both residential and non-residential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A or Subsection D of this definition.
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant/abandoned property,
any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51
(P.L. 2008, c. 127, Section 17, as amended by P.L. 2009, c. 296),
or any other entity determined by the Borough of Hawthorne to have
authority to act with respect to the property.
Any building used or to be used as a residence, commercial
or industrial structure which is not legally occupied or at which
substantially all lawful construction operations or 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.
55:19-54, 55:19-78, 55:19-79, 55:19-80 and 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
30 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 municipality, file a registration statement for such vacant
property with the Property Maintenance Inspector on forms provided
by the Borough for such purposes. Failure to receive notice by the
municipality shall not constitute grounds for failing to register
the property.
A.Â
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
B.Â
The registration statement shall include the name, street address,
telephone number, and e-mail 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 proceedings
on behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and e-mail (if applicable) of the firm and the actual name of the
firm's individual principal responsible for maintaining the property.
The individual or representative of the firm responsible for maintaining
the property shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis. The two entities may be the same or different
persons. Both entities shown on the statement must maintain offices
in the State of New Jersey or reside within the State of New Jersey.
C.Â
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be prorated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant and/or abandoned property and shall pay a registration or renewal fee in the amount prescribed in § 370-7 of this chapter, for each vacant property registered.
D.Â
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
E.Â
The owner shall notify the Property Maintenance Inspector within
30 calendar days of any change in the registration information by
filing an amended registration statement on a form provided by the
Property Maintenance Inspector for such purpose.
F.Â
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 Borough against the owner or
owners of the building.
The owner of any vacant property registered under this article
shall provide access to the Borough 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. and 4:00 p.m. or such other time as may be mutually
agreed upon between the owner and the Borough.
A.Â
An owner who meets the requirements of this article with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
B.Â
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 provision 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 Borough in writing
of a change of authorized agent or until the owner files a new annual
registration statement.
C.Â
Any owner who fails to register vacant/abandoned property under the
provisions of this article shall further be deemed to consent to receive,
by posting on the building, in plain view, and by service of notice
at the last known address of the owner of the property on record within
the Borough 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 fee for each building shall be $500.
The fee for the first renewal is $1,500, and the fee for the second
renewal is $2,500. The fee for any subsequent renewal beyond the second
renewal $3,000.
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Initial registration
|
$500
|
|
First renewal
|
$1,500
|
|
Second renewal
|
$2,500
|
|
Subsequent renewal
|
$3,000
|
The owner of any building that has become vacant/abandoned property,
and any person maintaining or operating or collecting rent for any
such building that has become vacant shall, within 30 days thereof:
A.Â
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Borough Code, or as set forth
in the rules and regulations supplementing those codes; and
B.Â
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 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 eight inches by 10 inches; and
C.Â
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; and
D.Â
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached necessary structures and driveways, are well-maintained
and free from trash, debris, loose litter and grass and weed growth;
and
E.Â
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete.
A.Â
Any person who violates any provision of this article or the rules
and regulations issued hereunder shall be fined not less than $200
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 chapter shall be recoverable from the owner and
shall be a lien on the property.
B.Â
For purposes of this section, 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 article.
