[Added 3-7-2017 by Ord.
No. 2017-02-01]
A.
OWNER
VACANT PROPERTY
As used in this article, the following terms shall have the meanings
indicated:
The titled owner or owners; a property receiver; and a mortgage
holder in possession or control of vacant property as defined above
in this article.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential 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. 55:19-80.
B.
Registration. Effective January 1, 2017, the owner of any vacant
property as defined herein shall, within 60 calendar days after the
effective date of this article, or 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 Borough
Construction Code Office 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.
(1)
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
(2)
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years or older, designated by the owner as the authorized agent for
receiving notices of code violations and for receiving process in
any court proceeding or administrative enforcement proceeding on behalf
of such owner in connection with the enforcement of any applicable
code; and the name, street address, telephone number, and email address
(if applicable) of the firm and the actual name(s) of the firm's individual
principal(s) 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.
(3)
The registration shall remain valid for one year from the date of
registration except for the initial registration time which shall
be pro-rated through December 31. The owner shall be required to renew
the registration annually as long as the building remains a vacant
property and shall pay a registration or renewal fee in the amount
prescribed below in this section, for each vacant property registered.
The owner shall be required to renew the registration annually as
long as the building remains a vacant property and shall pay a registration
or renewal fee in the amount prescribed for each vacant property registered.
(4)
The annual renewal shall be completed by January 31 each year for
that year. The initial registration fee shall be pro-rated for registration
statements received less than 10 months prior to that date.
(5)
The owner shall notify the Construction Code Office within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Office for such purpose.
(6)
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.
C.
Unregistered properties. Any owner who fails to register vacant property
under the provisions of this section shall further be deemed to consent
to receive, by posting on the building, in plain view, or by service
of notice at the last known address of the owner of the property on
record 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.
D.
Access to vacant properties. The owner of any vacant property registered
under this section 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.
E.
Fee schedule. The initial registration fee for each building shall
be $50. The fee for the first renewal is $150, and the fee for the
second renewal is $300. The fee for any subsequent renewal beyond
the second renewal is $500.
F.
Requirement of owners of vacant property. The owner of any building
that has become vacant property, and any person maintaining or operating
or collecting rent for any such building that has become vacant shall,
within 30 days thereof:
(1)
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;
(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
section), 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 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;
(3)
Maintain the sign until the building is again legally occupied or
demolished or until repair or rehabilitation of the building is complete;
(4)
Ensure that the exterior grounds of the structure, including areas
within the front yard and side yard setbacks, and the 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
(5)
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.
The provisions of this article shall be enforced by the Construction
Official and/or the Zoning Officer, with the assistance of the Police
Department, the Fire Prevention Bureau, and the Health Department.
A.
Where a violation of this article or the regulations hereunder is
found to exist, a written notice from the enforcement official shall
be served upon the owner or operator, who shall be responsible for
correcting such condition. The notice shall contain the following:
(1)
An identification of the conditions constituting the violation.
(2)
The necessary corrective actions.
(3)
A reasonable time period, not to exceed 60 days, to correct or abate
the violation.
(4)
A statement that a summons will issue if the violation has not been
corrected within the time period provided in the notice.
B.
The notice may be served personally, or by certified mail at the
last known address of the owner or operator alleged to be in violation,
or at the registered agent's address as provided for in this section.
Where it is ascertained that the owner or operator does not reside
on the premises and the last known address cannot be ascertained,
the notice may be posted on the outside front entrance of the affected
building. Service upon any owner or operator may also be achieved
by service of any notice upon a member of the family of the owner
or operator of the age of 14 years or over then residing at the residence
of such owner or operator.
(1)
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is sent by regular mail and a second copy is sent
by registered or certified mail.
C.
The notice should also state that the violation shall be abated,
removed, cured, prevented or desisted from within a reasonable time
period. The enforcement officer may extend the period for compliance
with the violation stated in the notice if, in the enforcement officer's
opinion, based upon the information provided by the property owner,
the abatement, removal, prevention, cessation of or cure of the condition
violated, cannot reasonably be effected within the required period,
and in such cases the enforcement officer shall state such reasonable
required extended period in a revised notice.
Whenever the enforcement officer finds that an emergency condition in violation of this article exists, which condition requires immediate attention in order to protect the public health or safety, he or she may issue an order by service of notice as set forth in § 183-71 above, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency.
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction, be punished by
a fine of not to exceed $1,000, and each violation of any of the provisions
of this article and each day the same is violated shall be deemed
and taken to be a separate and distinct offense.
A.
Filing of report with governing body. If, within the time permitted,
the owner shall fail to abate the nuisance, correct the defect or
defects or put the premises in proper condition so as to comply with
the requirements of applicable ordinances and state laws or conditions
of approval received from any board of the Borough, after notice thereof
and opportunity to do so as provided elsewhere in this article, the
enforcement official shall forthwith file a report with the governing
body of the Borough of Chester, which shall set forth in detail the
condition or conditions constituting the nuisance(s) or the defect(s)
and shall contain a copy of the notice served upon the owner and the
date and the manner thereof and a certification that such condition
or conditions still exist.
B.
Hearing; resolution to abate; expenditure of municipal funds.
(1)
Upon the filing of the report by the enforcement official, a hearing
shall be held upon at least five days' notice to the owner, served
in the same manner as is provided elsewhere. At such hearing, the
enforcement official shall submit a report of his or her findings
and recommendations to the Borough Council. If the governing body
is of the opinion that such action is in the public interest, the
governing body may adopt a resolution in the public's interest to
abate the nuisance, to correct the defect or defects or to put the
premises in proper condition so as to comply with the requirements
of applicable ordinances and state laws or conditions of approval
received from any board or agency of the Borough, at the cost and
expense of the owner.
(2)
The governing body may, by such resolution, also authorize the expenditure
of municipal funds and fix the amount thereof for the purpose of correcting
such conditions, and, in such cases where the nuisance or defect falls
within a category for which there is statutory authority for the creating
of a tax lien, such expenditure shall be charged against the premises,
and the amount thereof shall be a lien collectible as provided in
this article.
(3)
The enforcement official or the Superintendent of Public Works, depending
upon the volume of the work performed in accordance with the resolution
at Borough's expense, not to exceed the amount specified in the resolution,
shall, upon completion thereof, submit a report of the monies expended
and costs to the Borough Council.
(4)
After review of the report, the Borough Council may approve the expenses
and costs whereupon the same shall become a lien against the premises,
collectible as provided by law. A copy of the resolution approving
the expenses and costs, whereupon the same, shall be certified by
the Borough Clerk and filed with the Tax Collector of the Borough,
who shall be responsible for the collection, and a copy of the report
and resolution for the collection shall be sent by certified mail,
return receipt requested, to the owner.
