[HISTORY: Adopted by the Township Committee of the Township
of Maplewood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-20-2018 by Ord. No. 2891-18]
As used in this article, the following terms shall have the
meanings indicated:
- OWNER
- Includes the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of Public Law 2008, c. 127, Section 17 (N.J.S.A. 46:10B-51), any debtor in possession of the property, or any other entity determined by the Township to have authority to act with respect to the property.
- VACANT PROPERTY
- 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; 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. Property determined 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 article. Each block and lot shall be a separate property.
A.
The owner of any vacant property as defined herein shall, within
30 days after the building becomes vacant property or within 30 days
after assuming ownership of the vacant property, or within 10 calendar
days after receipt of notice from the Township, whichever is later,
file a registration statement for each such vacant property with the
Building Department on forms provided by the Township for such purposes.
The registration shall remain valid for six months from the date of
registration. The owner shall be required to renew the registration
every six months as long as the building remains vacant property and
shall pay a registration or renewal fee in the amount prescribed herein
for each vacant property registered. Upon a change of ownership, a
new registration statement must be filed within 30 days of closing.
B.
Any owner of any building that meets the definition of "vacant property"
prior to the effective date of this article shall file a registration
statement for that property on or before the effective date of this
article. The registration statement shall include the information
required in this article, as well as any additional information that
the Building Department may reasonably require.
C.
The owner shall notify the Building Department within 10 days of
any change in the registration information by filing an amended registration
statement on a form provided by the Building Department for such purposes.
D.
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 Township against the owner or
owners of the building.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Township to conduct an exterior and interior inspection of the
building to determine compliance with the Municipal Code, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal.
A.
The registration statement shall include the name, street address
and telephone number of a natural person 21 years of age 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 proceeding, on behalf of
such owner or owners in connection with the enforcement of any applicable
code. This person must maintain an office in the State of New Jersey
or reside within the State of New Jersey. The statement shall also
include the name of the person responsible for maintaining and securing
the property, if different.
B.
An owner who is a natural person and who meets the requirements of
this article as to location of residence or office may designate himself
or herself as agent.
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 building by service of the
notice or 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 Building
Department of a change of authorized agent or until the owner files
a new annual registration statement. The designation of an authorized
agent in no way releases the owner from any requirement of this article.
The fees for initial registration and renewals are:
The owner of any vacant property, and any person maintaining,
operating or collecting rent for any vacant property, shall, within
30 days:
A.
Enclose and secure the premises against unauthorized entry as provided
in the applicable provisions of the Municipal Code.
B.
Post a sign affixed to the premises 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 premises, if such person
is different from the owner holding title or the 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 18 inches by 24 inches; and
C.
Maintenance. Maintain the vacant property for the entire period of
vacancy in accordance with all applicable local and state property
maintenance codes or ordinances, building codes, health codes and
fire codes pertaining to the exterior condition and appearance of
the building, the safety and structural integrity of the building,
the outdoor portion of the property, the condition and safety of accessory
structures on the property, and any conditions on the property which
constitute a hazard or adversely affect the health and safety of persons
who may have contact with the vacant property.
(1)
Promptly repair all broken windows, doors and other openings and
unsafe conditions. The boarding up of open and broken windows and
doors is prohibited, except as a temporary measure for no longer than
45 consecutive days, which period may be extended at the discretion
of the Fire Official. Boards or coverings must be installed and painted
in accordance with Township specifications.
(2)
Provide access to the vacant property promptly upon reasonable notice,
to permit municipal employees, or inspectors acting on behalf of the
Township, to conduct exterior and interior inspections to determine
compliance with municipal and other applicable codes. Owners of vacant
properties are deemed to consent to immediate access to the vacant
property in order to inspect and/or correct any conditions that create
a danger to the public health, safety and welfare.
The Building Department may issue rules and regulations for
the administration of the provisions of this article.
A.
B.
For purposes of this section, failure to file a registration statement
in accordance with above, failure to provide correct information on
the registration statement, or failure to comply with any provisions
of this article shall be deemed to be violations of this article.
Nothing in this article is intended to or shall be read to conflict
or prevent the Township from taking action against buildings found
to be unfit for human habitation or unsafe structures, as provided
in applicable provisions of the Code of the Township of Maplewood,
or imposing a lien for costs on any property to the full extent permitted
by law. Further, any action taken under any such code provision other
than the demolition of a structure shall relieve an owner from its
obligations under this article.
