[Adopted 7-11-2017 by Ord. No. 17-1940]
The purpose of this article is to provide a process for the
repair, maintenance or removal of a building or buildings, or part
thereof, which are unfit for human habitation or occupancy, or use,
due to dilapidation, defects increasing the hazards of fire, accidents
or other calamities, lack of ventilation, light or sanitation facilities,
or due to other conditions rendering such building or buildings, or
part thereof, unsafe or insanitary, or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Borough and to regulate vacant or abandoned properties.
The Borough Council, having adopted a resolution finding that
building conditions of the character described in N.J.S.A. 40:48-2.3
exist within the Borough, is hereby authorized to adopt this article
relating to such buildings within the Borough which are unfit for
human habitation or occupancy or use pursuant to N.J.S.A. 40:48-2.5.
The Borough Council hereby designates the Code Enforcement Official
to enforce this article in accordance with the powers described herein
with regard to buildings that are deemed dangerous, unsafe or otherwise
unfit for human habitation or occupation upon a finding that conditions
exist in such building(s) that are dangerous or injurious to the health
or safety of the occupants of such building(s), the occupants of neighboring
buildings or other residents of the Borough. Such conditions shall
be deemed to include, but are not limited to, the following: defects
therein increasing the hazards of fire, accident, or other calamities;
lack of adequate ventilation, light or sanitary facilities; dilapidation;
disrepair; structural defects; uncleanliness; failure to comply with
the requirements of the Building Code or the certificate of occupancy;
such ordinance that may provide additional standards in determining
the fitness of a building for human habitation or occupancy or use
or is vacant or abandoned properties as defined herein below.
As used in this article, the following terms shall have the
meanings indicated:
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 (in accordance with
N.J.S.A. 55:19-81) upon a determination by the Code Enforcement Official
that:
The property is in need of rehabilitation in the reasonable
judgment of the Code Enforcement Official, and no rehabilitation has
taken place during that 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 Code Enforcement Official 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[1] on the date of the determination by the Code Enforcement
Official pursuant to this article; or
The property has been determined to be a nuisance by the Code Enforcement Official 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 nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) so long as two-third 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,
or any other entity determined by the Borough of Highland Park 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, 19-80 or 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 article.
[1]
Editor's Note: See N.J.S.A. 54:4-1 et seq.
The initial registration fee for each building or portion thereof
shall be $500. The fee for the first renewal is $1,500, and the fee
for the second renewal is $3,000. The fee for any subsequent renewal
beyond the second renewal is $5,000.
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Vacant or Abandoned Building Registration Fee Schedule
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|---|---|
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Registration Type
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Fee
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Initial annual registration
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$500
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First annual renewal
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$1,500
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Second annual renewal
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$3,000
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Subsequent annual renewal
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$5,000
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The owner of any property that has become vacant and any person
maintaining or operating or collecting rent for any such building
that has become vacant shall, within 30 days thereof:
A.
Enclose and secure the property against unauthorized entry as provided
in the applicable provisions of the Borough Code; and
B.
Post a sign affixed to the property 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 the 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 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.
Secure the property from unauthorized entry and maintain the sign
until the property is legally occupied or demolished or until repair
or rehabilitation of the property is complete; and
D.
Ensure that the exterior grounds of the property, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well
maintained and free from trash, debris, loose litter, and grass and
weed growth; and
E.
Continue to maintain the property 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 property is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete; and
Whenever a petition is filed with the Code Enforcement Official
by at least five residents of the municipality charging that any building
is unfit for human habitation or occupancy or use, or whenever it
appears to the Code Enforcement Official (on his or her own motion)
that any building is unfit for human habitation or occupancy or use,
the Code Enforcement Official shall, if his or her preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of and parties in interest in such building a complaint
stating the charges in that respect and containing a notice that a
hearing will be held before the Code Enforcement Official (or his
or her designated agent) at a place therein fixed not less than seven
days, nor more than 30 days, after the serving of said complaint;
that the owner and parties in interest shall be given the right to
file an answer to the complaint and to appear in person, or otherwise,
and give testimony at the place and time fixed in the complaint; and
that the rules of evidence prevailing in the courts shall not be controlling
in hearings before the Code Enforcement Official.
A.
If, after such notice and hearing as required in § 303-14, the Code Enforcement Official determines that the building under consideration is unfit for human habitation or occupancy or use, or that a public health nuisance, as defined in the Borough Board of Health Ordinance 3-4, exists on the property under consideration, he or she shall state, in writing, his or her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring the repair, alteration or improvement of said building to be made by the owner, or the nuisance to be abated, within a reasonable time, which time shall be set forth in the order or, at the option of the owner, to vacate or have said building vacated and closed within the time set forth in the order;
B.
If the building or nuisance is in such condition as to make it dangerous
to the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve said building, or abate the
nuisance, within the time specified in the order, then the owner shall
be required to remove or demolish said building within a reasonable
time as specified in the order of removal;
C.
If the owner fails to comply with the order to repair, alter, improve
or abate or, at the option of the owner, to vacate and close the building,
the public officer may cause such building to be repaired, altered
or improved, or to be vacated and closed, or such nuisance to be abated.
The Code Enforcement Official may cause to be posted on the main entrance
of any building so closed a placard with the following words: "This
building is unfit for human habitation or occupancy or use; the use
or occupation of this building is prohibited and unlawful."
D.
If the owner fails to comply with the order to remove or demolish
the building, the public officer may cause such building to be removed
or demolished, or such nuisance to be abated, or may contract for
the removal or demolition or abatement thereof after advertisement
for, and receipt of, bids therefor.
A.
A municipal lien shall be placed against the real property upon which
the cost was incurred in the amount of:
(1)
The cost of the filing of legal papers, expert witness fees, search
fees and advertising charges incurred in the course of any proceeding
taken under this article determined in favor of the municipality;
and
(2)
The cost of repairs, alterations or improvements, or vacating and
closing or removal or demolition, if any, or the amount of the balance
thereof remaining after deduction of the sum, if any, realized from
the sale of materials derived from such building or from any contract
for removal or demolition thereof.
(3)
If the building is removed or demolished by the Code Enforcement
Official, he or she shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition, including
the clearance and, if necessary, leveling of the site, the proceeds
of any sale of such materials or any sum derived from any contract
for the removal or demolition of the building. If there are no such
credits or if the sum total of such costs exceeds the total of such
credits, a detailed statement of the costs and the amount due shall
be filed with the Tax Collector or other custodian of records of tax
liens, and a copy shall be forthwith forwarded to the owner by registered
mail. If the total of the credits exceeds the costs, the balance shall
be deposited in the Superior Court by the Code Enforcement Official,
shall be secured in such manner as may be directed by the Court, and
shall be disbursed according to the order of the Court to the persons
entitled thereto. Any owner or party in interest may, within 30 days
from the date of the filing of the lien certificate, proceed in a
summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
A.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Code Enforcement Official may, after taking such measures as may
be necessary to make such building temporarily safe, seek a judgment
in summary proceedings for the demolition thereof.
B.
Nothing in this article shall be construed to impair or limit in
any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this article intended to limit the authority
of the enforcing agency or Code Enforcement Official under the State
Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119
et seq.), or any rules or regulations adopted thereunder.
Complaints or orders issued by the Code Enforcement Official
shall be served upon persons either personally or by registered mail,
but if the whereabouts of such persons is unknown and cannot be ascertained
by the Code Enforcement Official in the exercise of reasonable diligence,
the Code Enforcement Official shall make an affidavit to that effect;
then, the serving of such complaint or order upon such persons may
be made by publishing the same once in a newspaper printed and published
in the municipality or, in the absence of such newspaper, in one printed
and published in the county and circulating in the municipality in
which the building(s) are located. A copy of any complaint or order
shall be posted in a conspicuous place on premises affected by the
complaint or order. A copy of such complaint or order shall be duly
recorded or lodged for record with the county recording officer of
the county in which the building is located.
The Code Enforcement Official shall exercise such powers as
may be necessary or convenient to carry out and effectuate the purposes
and provisions of this article, including the following powers in
addition to others granted herein:
A.
To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation
or occupancy or use;
B.
To administer oaths, affirmations, examine witnesses and receive
evidence;
C.
To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
D.
To appoint and fix the duties of such officers, agents and employees
as he or she deems necessary to carry out the purposes of this article;
and
E.
To delegate any functions and powers under this article to such officers
and agents as the Code Enforcement Official may designate.
Nothing in this article shall be construed to abrogate or impair
the powers of the courts or of any department of the Borough to enforce
any provisions of its ordinances or regulations, nor to prevent or
punish violations thereof, and the powers conferred by this article
shall be in addition and supplemental to the powers conferred upon
the Borough by any other law or ordinance.
