[Adopted 9-11-2017 by Ord. No. 2017-17[1] (Ch. 151, Art. III, of the 1977 Code)]
[1]
Editor's Note: This ordinance also superseded former Art.
III, Vacant or Unoccupied Buildings, adopted 5-12-1999 by Ord. No.
1999-9, as amended.
[Amended 2-24-2020 by Ord. No. 2020-04]
As used in this article, the following terms
shall have the meanings indicated:
Shall include any private title holder, any agent of a private
title holder having authority to act with respect to an abandoned
or vacant property, any foreclosing entity that has filed a notice
with the Municipal Clerk pursuant to the provisions of N.J.S.A. 46:10B-51
(P.L. 2008, c. 127, Sec. 17, as amended by P.L. 200, c. 296), or any
other entity determined by the Code Enforcement Officer to have authority
to act with respect to the property.
Any building used or to be used for a commercial or residential
use, which is not legally occupied or at which substantially all lawful
construction operations or occupancy has ceased, and which is in either
an unsafe condition or where the exterior of such property is not
maintained in accordance with the Borough's property maintenance code;
provided, however, that any property that contains all building systems
in working order and is being actively marketed by its owner for sale
or rental shall not be deemed vacant. Properties that meet the aforementioned
criteria and are subject to a summons and complaint in an action for
foreclosure shall be deemed vacant property in accordance with P.L.
2014, c. 35.[1] Property deemed 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 section.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s.
A.
Sixty days
after the effective date of this article or 30 days after a building
or lot becomes vacant as defined within this article, the owner shall
file a registration statement for each such vacant property with the
Code Enforcement Officer on forms provided by the Code Enforcement
Officer for such purposes. The registration shall remain valid for
one year. The owner shall be required to renew the registration annually
as long as the building or lot continues to be vacant as defined herein
and shall pay a registration or renewal fee in the amount prescribed
within this article.
B.
The owner
shall notify the Code Enforcement Officer within 30 days of any change
in the registration information by filing an amended registration
statement on a form provided by the Code Enforcement Officer for such
purpose.
C.
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 of South River against the owner or owners
of the property.
A.
The owner
of vacant property shall provide the following information to the
Code Enforcement Officer or his designee on the registration form
or form(s) prescribed by the Code Enforcement Officer:
(1)
Name,
address, e-mail address and contact telephone number of the owner;
the owner's address must include a street address; a post office box
is not acceptable;
(2)
Name,
address, e-mail address and contact telephone number of any local
agent(s) or representative for the building or lot;
(3)
Name,
address, e-mail address and contact telephone number of the person
assigned to the property for the security and maintenance of the building
or lot;
(4)
Common
address and tax assessor's block and lot designation of the building
or lot;
(5)
The
date on which the building became vacant;
(6)
Proof
of utility (gas, electric, water) connections or disconnections; and
(7)
Any
other information reasonably required by the Borough to ensure the
safety of all persons and to prevent neglect.
B.
Any government
entity that owns vacant property will be exempt from the provisions
of this article. For purposes of this article, the holder of a FHA
mortgage, HUD mortgage, or any other federally insured mortgage shall
not be considered a government entity and shall not be exempt from
the provisions of this article. The owner of any property that is
acquired by the owner through the foreclosure of a FHA mortgage, HUD
mortgage or any other federally insured mortgage shall also not be
exempt from the provisions of this article.
C.
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 vacant property by service of the notice
of 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 Borough of a
change of an authorized agent or until the owner files a new annual
registration statement.
D.
The owner
is required to update the form within 30 days of a change of any information
contained within the form.
E.
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 of South River against the owner or owners
of the vacant property.
F.
The Code
Enforcement Officer may identify abandoned properties through his/her
routine inspection process, as well as through notification by residents
or other community groups that a property may be eligible for inclusion
on the registry. Notice will be served upon or sent by mail to the
owner and will be deemed received by the owner upon personal delivery
or five days after service by first-class mail.
After filing a registration statement or a renewal of a registration
statement and upon reasonable notice, the owner of any vacant property
shall provide access to the Borough of South River to conduct an exterior
and interior inspection of the building to determine compliance with
the municipal Code during the period covered by the initial registration
or any subsequent renewal.
A.
The owner
of any vacant property, and any person maintaining, operating or collecting
rent for any such property shall, within 30 days:
(1)
Enclose
and secure the building against unauthorized entry in accordance with
the applicable provisions of the Code of the Borough of South River
and as per the specifications established by the Department of Housing
and Urban Development (HUD) for securing abandoned and/or vacant properties.
(2)
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 (if designated pursuant to this article) and
the person responsible for day-to-day supervision and management of
the property, if such person is different from the owner or authorized
agent. The sign shall be of a size and placed in such a location so
as to be visible from the nearest public street or sidewalk, whichever
is nearer, but shall be no smaller than eight inches by 10 inches
and shall state "WARNING: THIS BUILDING IS SECURED PURSUANT TO THE
CODE OF THE BOROUGH OF SOUTH RIVER. ANYONE ENTERING THIS BUILDING
WITHOUT AUTHORIZATION WILL BE SUBJECT TO ARREST"; and
(3)
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 property is complete.
B.
The owner
of any vacant property and any person maintaining such a property
shall within 60 days:
(1)
Register
the vacant property of which they are in possession.
(2)
Ensure
that all bushes and trees are trimmed and that they do not interfere
with neighboring properties.
(3)
Ensure
that grass does not exceed eight inches in height and that all grass
clippings are removed from the lot when the grass is cut.
(4)
Vacant
properties must be clear of all vehicles: cars, boats, campers, etc.
(5)
All
sidewalks bordering vacant properties must be maintained and be cleared
of snow, ice, tripping hazards, obstructions, garbage, litter and
debris.
(6)
The
owner or owner's agent shall perform regular weekly inspections of
the vacant property to ensure compliance with the requirements of
this section.
(7)
No
unoccupied or vacant building shall contain any space utilized for
the storage of any junk, rubbage, waste, furniture, building materials,
flammable liquids or any other materials not intended to be used in
the existing building.
(8)
The
boarding up of doors and windows shall not be permitted except with
the permission of the Code Enforcement Officer. When allowed, doors
and windows shall be boarded up and covered with no less than one-half-inch
exterior plywood or equivalent and be painted the same color as the
body of the building. In no case shall boarding up of doors and windows
be permitted in excess of six months.
(9)
Any
yard area (front, side and rear) adjacent to an unoccupied or vacant
building shall be cleared and maintained free of trash, solid debris
or any other materials that cause litter and accumulate to an unhealthy
and blighting proportion.
(10)
Any yard area of an unoccupied or vacant building shall not be utilized
for the storage of any materials unless said materials are being used
on site for the renovation, construction, repair or demolition of
said building.
(11)
If a vacant building is found to be infested with rodents, insects
or vermin, the owner shall immediately upon notice undertake an expedient
means of extermination of such nuisances. Such extermination shall
be certified by an approved exterminator and proof of the same provided
to the Code Enforcement Officer.
(12)
If there are any doors or appliances in the structure, all such doors
shall be locked or removed in order to deny entry to individuals where
the potential for physical harm or death may result if said door should
close and prevent the individual's escape.
(13)
Every foundation, exterior wall and exterior roof shall be weathertight,
watertight and rodentproof, shall be kept in sound condition and good
repair and shall be safe to use and capable of supporting the load
which normal use may cause to be placed thereon.
(14)
Every yard shall be properly graded so as to prevent the accumulation
of stagnant water.
(15)
Any unoccupied or vacant building shall have all utilities, including
but not limited to gas, electric, water and sewer, turned off and/or
disconnected, with sewer service to be sealed at the trap of said
property.
(16)
The exterior of the premises and condition of accessory structures
shall be maintained so that the appearance of the premises and all
buildings thereon shall reflect the level of maintenance in keeping
with the standards of the neighborhood in such that the appearance
of the premises and structures shall not constitute to a blighting
factor for adjoining property owners or an element leading to the
progressive deterioration and downgrading of the neighborhood with
the accompanying diminution of property value.
C.
If the
owner of the vacant property fails to comply with any provisions of
this section, the Borough of South River shall take the necessary
steps to bring the property into compliance with this section. All
costs incurred by the Borough in connection with its efforts to bring
the property into compliance shall be forwarded to the Tax Collector
for inclusion as a municipal lien on the property.
[Amended 2-24-2020 by Ord. No. 2020-04]
The initial registration fee for each vacant property shall
be $200. The fee for subsequent renewals shall be $100. The renewal
fee for the annual registration shall be due on the yearly anniversary
of the initial registration. The registration fee will not be prorated
or refunded.
A.
Any
owner who is not in full compliance with this section or who otherwise
violates any provision of this section or of the rules and regulations
issued hereunder shall be subject to a fine of not less than $250
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this section 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 time, failure to provide correct information on the registration
statement, and/or failure to comply with any other provisions of this
article shall be deemed to be a violation hereunder.
