[Adopted 4-26-2018 by Ord. No. 2018-12]
As used in this section, the following terms shall have the
meanings indicated:
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 N.J.S.A. 46:10B-51 (P.L. 2008,
C. 127, § 17, as amended by P.L. 2009, c. 296), or any other
entity determined by the Township of Lacey 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 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 et seq., or because of the presence or finding
of at least two of the following: a) overgrown or neglected vegetation;
b) the accumulation of newspapers, circulars, flyers, or mail on the
property; c) disconnected gas, electric, or water utility services
to the property; d) the accumulation of hazardous, noxious, or unhealthy
substances or materials on the property; e) the accumulation of junk,
litter, trash, or debris on the property; f) the absence of window
treatments such as blinds, curtains, or shutters; g) the absence of
furnishings and personal items; h) statements of neighbors, delivery
persons, or government employees indicating that the property is vacant
and abandoned; i) windows or entrances to the property that are boarded
up or closed off, or multiple window panes that are damaged, broken,
and unrepaired; j) doors to the property that are smashed through,
broken off, unhinged, or continuously unlocked; k) a risk to the health,
safety, or welfare of the public or any adjoining or adjacent property
owners due to acts of vandalism, loitering, criminal conduct, or the
physical destruction or deterioration of the property; l) an uncorrected
violation of a municipal building, housing, or similar code during
the preceding year, or an order by municipal authorities declaring
the property to be unfit for occupancy and to remain vacant and unoccupied;
m) the mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing; n) a written statement issued by a mortgagor
expressing the clear intent of all mortgagors to abandon the property;
or o) any other reasonable indicia of abandonment.
[Amended 7-12-2018 by Ord. No. 2018-21; 12-22-2022 by Ord. No. 2022-46]
Effective May 1, 2018, 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 Code Enforcement Officer on forms
provided by the Township for such purposes. Failure to receive notice
by the municipality shall not constitute grounds for failing to register
the property.
A.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
B.
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(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.
C.
The registration shall remain valid until December 31 of the year in which the application is made. The owner shall be required to renew the registration annually in the month of January (deadline for registration renewal shall be January 31) 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 Subsection E of this section for each vacant property registered.
D.
The owner shall notify the Clerk within 30 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Clerk for such purpose.
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 Township against the owner or
owners of the building.
The owner of any vacant property registered under this section
shall provide access to the Township 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 Township.
A.
An owner who resides in the State of New Jersey may designate themselves
as the agent responsible for maintaining the property.
B.
An owner who resides out of the State of New Jersey shall designate
an agent that resides or is located in the State of New Jersey as
the agent responsible for maintaining the property and receiving any
and all notices of Code violations concerning the registered property.
The agent shall also be designated for service of process for any
court proceedings or administrative enforcement proceedings brought
to enforce Code provisions concerning the registered property.
C.
Any owner who fails to register vacant/abandoned property under the
provisions of this section 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 Township 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.
[Amended 12-22-2022 by Ord. No. 2022-46]
The initial annual registration fee shall be $500 per property,
payable at the time of registration. The fee for each annual renewal
thereafter shall be $1,500. No less than 20% of funds collected pursuant
to this section shall be utilized by the Township for municipal code
enforcement purposes.
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.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code or as set forth
in the rules and regulations supplementing those Codes; and
B.
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.
Secure the building from unauthorized entry; and
D.
Ensure that the exterior grounds of the structure, 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.
E.
Continue the above measures until the building is again occupied
or demolished or until repair and/or rehabilitation of the building
is complete.
A.
Any person who violates any provision of this section or the rules
and regulations issued hereunder shall be fined no less than $100
and not more than $2,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense.
B.
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 provision
of such provisions contained herein shall be deemed to be violations
of this section.
C.
The provisions of this section shall be enforced by Township enforcing
officials, including but not limited to the Code Enforcement Office.
