[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle 9-17-2014 by Ord. No.
2500-14. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned and dangerous buildings — See Ch. 540.
Property maintenance — See Ch. 595.
Title: This chapter shall be known as and may be cited as "Vacant
and Abandoned Property Registration, Administration and Management."
Article I shall be known as and may be cited as "Vacant Property Registration, Maintenance and Compliance Monitoring Ordinance."
A.
It is the intent of this chapter and articles to, through the adoption
of this ordinance, establish a vacant property management system and
authorize new, and changes to, existing policies and procedures for
the registration, maintenance and compliance monitoring of vacant
properties as a mechanism to protect and preserve the public health,
safety, welfare, security, neighborhood vitality, economic vitality
and the quiet enjoyment of residents, by:
(1)
Requiring all property owners, including lenders, trustees and service
companies to properly maintain vacant, unimproved and/or foreclosing
properties; and
(2)
Regulating the maintenance of vacant, unimproved and/or foreclosing
properties in order to prevent unsecured unsafe structures in neighborhoods
and neighborhood blight.
B.
In addition to any other remedies in law or equity not set forth
herein, enforcement authority shall be vested in the Code Enforcement
Department including, but not limited to the Code Enforcement Department
and its respective inspectors, the Construction Department, Health
Department, Police Department, Fire Department and the Department
of Public Works shall also have enforcement authority with respect
to this ordinance. The Mayor, with the advice and consent of Council,
may also designate, when necessary, additional enforcement duties
for other Borough departments to protect neighborhoods from becoming
blighted through the lack of adequate maintenance and security of
vacant properties.
For the purposes of this chapter, certain words and phrases
used in this chapter are defined as follows:
Inventory and identification of abandoned property P.L. 1996
c. 62 (N.J.S.A. 55:19-55). A qualified municipality that has designated
or appointed a public officer pursuant to section 3 of P.L. 1942,
c.112 (N.J.S.A. 40:48-2.5), may adopt an ordinance directing the public
officer to undertake an inventory of abandoned property in those areas
designated for redevelopment pursuant to the "Local Redevelopment
and Housing Law," P.L. 1992, c.79 (N.J.S.A. 40A:12A-1 et seq.). The
ordinance may direct the public officer to exclude from the inventory
of abandoned property that property for which the expense to the municipality
of determining the cost of environmental remediation required under
state or federal law would be excessive, in the judgment of the municipal
governing body. Each item of abandoned property on the inventory shall
include the tax block and lot number, the name of the owner of record,
if known, and the street address of the lot. In those municipalities
in which an inventory has been conducted, the public officer shall
maintain a list of abandoned property, to be known as the "abandoned
property list." An abandoned property shall not be included on the
abandoned property list if rehabilitation is being performed in a
timely manner.
A property that is accessible through direct access, a compromise/breached
gate, fence, wall, etc.
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
Any agreement or written instrument, which provides that
title to a property, shall be transferred or conveyed from one owner
to another owner after the sale, trade, transfer or exchange.
An entity under a note secured by a mortgage, deed of trust
or similar document.
Borough of Roselle.
Any person, copartnership, association, corporation, or fiduciary
who agrees to transfer anything of value in consideration for property
described in an agreement of sale, as defined in this section.
Any building/structure that is violation of any condition referenced in Chapter 540, Buildings, Abandoned and Dangerous, of the Borough Code.
Consecutive calendar days.
A recorded document that transfers ownership of a property
from the fee owner to a mortgagor, lien holder, or beneficiary of
the deed of trust.
An instrument by which title to real estate is transferred
to a third party trustee as security for a real estate loan, definition
applies to any and all subsequent deeds of trust, i.e., second trust
deed, third deed, etc.
The failure to fulfill a contractual obligation, monetary
or conditional.
The Code Enforcement Department and its respective inspectors,
including, but not limited to the Construction Department, Health
Department, Police Department, Fire Department and Department of Public
Works shall also have enforcement authority with respect to this ordinance.
The Mayor, with the advice and consent of Council, may also designate,
when necessary, additional enforcement duties for other Borough departments.
Any condition that on its own, or combined with other conditions
present would lead a reasonable person to believe that the property
is vacant or has the potential to become vacant. Such conditions include,
but are not limited to, a property that is under a current notice
of default and/or notice of Sheriff's sale and/or pending tax
lien sale or has been foreclosed upon by the mortgagee or has been
conveyed to the mortgagor, beneficiary or trustee via a deed in lieu
of foreclosure; overgrown and/or dead vegetation, accumulation of
newspapers, circulars, flyers and/or mail, past due utility notices
and/or disconnected utilities, accumulation of trash, junk and/or
debris, the absence of window coverings such as curtains, blinds and/or
shutters, the absence of furnishings and/or personal items consistent
with residential habitation, statements by neighbors, passerby, delivery
agents, government employees that the property is vacant.
The process by which property, placed as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
Any of the following actions taking by a mortgagee against
the borrower or mortgagor of a property:
Any person, copartnership, association, corporation, or fiduciary
authorized by the owner of record to act in the owner's behalf.
Within 10 road/driving miles' distance of the subject property.
A lien against real estate granted to serve an obligation,
including a deed of trust.
An individual, individuals or business entity to which a
property is mortgaged, including but not limited to the creditor,
service companies, lenders in a mortgage agreement and any agent,
servant or employee of the mortgagee, or any successor in interest
and/or assignee of the mortgagee's rights, interests or obligations
under the mortgage agreement.
The person who has borrowed money and pledged his/her real
property as security for the debt, i.e., granted a mortgage or gives
property as security.
Those conditions that are present on a simple majority of
properties within a one-hundred-yard radius of an individual property.
A property that is the subject of a neighborhood standard comparison,
or any other property within the one-hundred-yard radius, shall be
counted toward the simple majority.
A recorded notice that a default has occurred under a mortgage
or deed of trust and that the mortgagee or beneficiary intends to
proceed with a foreclosure proceeding.
In excess of 10 road/driving miles' distance of the subject
property.
Every mortgagor, mortgagee, trustee, agent, real estate agency,
property manager or interested parties, who alone or severally with
others:
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise; or
Has care, charge or control of any dwelling, dwelling unit or
parcel of land, vacant or otherwise, in any capacity including but
not limited to agent, executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the holder of legal title; or
Is a mortgagee in possession of any such property; or
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
Is an officer or trustee of the association of unit owners of
a condominium. Each such person is bound to comply as if he were the
owner. However, this ordinance shall not apply to any condominium
association or co-op that forecloses or initiates the foreclosure
process for unpaid assessments due or owing the association; or
Every person who operates a rooming house; or
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
The person having recorded title to the property at any given
point in time as set forth in the records recorded with the Registrar
of Deeds of Union County.
Any unimproved or improved real property, real estate, residential
property, commercial property or portion thereof, located in the Borough
of Roselle, including buildings or structures situated on the property
regardless of condition. For purposes of this section only, "property"
does not include property owned or subject to the control of the Borough
or any of its governmental bodies or agencies, including, but not
limited to, property owned or controlled by the Roselle Board of Education.
[Amended 6-14-2017 by Ord. No. 2563-17]
Shall encompass the Borough of Roselle Ordinance Chapter 595.
Any improved real property, or portion thereof, situated
in the Borough, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property. This includes any real property being offered for sale,
trade, transfer, or exchanges as "residential" whether or not it is
legally permitted and/or zoned for such use.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Such measures as may be directed by the Borough Code Enforcement
Officer or his or her designee that assist in rendering the property
inaccessible to unauthorized persons, including but not limited to
the repairing or replacement of fences and walls, chaining/pad locking
of gates, the repair, replacement or boarding of door, window and/or
other openings. Boarding shall be completed to a minimum of the current
HUD securing standards at the time the boarding is completed or required.
The person, firm or corporation holding a deed of trust on
a property.
A borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
A building, structure, property or unimproved land that is
unoccupied, not legally occupied, not properly maintained or not properly
secured.
Within 10 days of the acquisition of title by deed in lieu of
foreclosure or Sheriff sale by the mortgagor/trustee or interested
party, such party shall record, with the Borough of Roselle Code Enforcement
Department, documents that list the name of the corporation, and/or
individual, the mailing address and contact phone number of the new
owner/beneficiary/trustee responsible for receiving payments associated
with the mortgage/deed of trust.
[Amended 6-14-2017 by Ord. No. 2563-17]
A.
Any mortgagor, mortgagee, trustee or owner, who holds a deed or a
mortgage on a vacant and/or foreclosing property located within the
Borough of Roselle, must register the property with the Code Enforcement
Department and perform an inspection of the property. If the property
is found to be vacant or shows evidence of vacancy, by the mortgagor,
mortgagee, trustee, owner or enforcement authority, it is, by this
chapter, deemed vacant and each of the mortgagor, mortgagee, trustee,
or owner shall, within 30 days of the inspection, register the property
with the Code Enforcement Official, or his or her designee on forms
provided by the Borough.
B.
All registrations must state the mortgagor, mortgagee, trustee, owner,
agent, property manager or other interested parties; that are responsible
for the security maintenance and marketing of the property, direct
name, phone number and mailing address. The mailing address may not
be a P.O. Box. This registration must also certify that the property
was inspected and identify whether the property is vacant at the time
of filing.
C.
If the property is vacant, the mortgagor, mortgagee, trustee, owner, agent, property manager or other interested parties must designate and retain an individual, property management company or interested party; responsible for the security and maintenance of the property. This designation must state the individual, property management company or interested parties direct name, phone number and mailing address. The mailing address may not be a P.O. Box. If the property is in the process of foreclosure, then the registration must be received within seven days of the "initiation of the foreclosure process" as defined in § 632-3, Definitions, hereinabove. If the enforcement authority determines that the property is vacant and the foreclosure proceedings have not been initiated, the registration must be received within 30 days of the enforcement authority's first notice of violations or summons for improper security and/or maintenance.
D.
The registration shall include the insurance certificate required under § 632-8, Maintenance requirements; as defined therein as well as any additional information that the enforcement authority may reasonably require. Each property having a separate tax block and lot number shall be registered separately.
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 against the owner or
owners of the property.
F.
An annual escalating registration fee shall accompany the registration
form. The fee and registration shall be valid for the calendar year,
or remaining portion of the calendar year in which the registration
was initially required. All fees are nonrefundable. In the event the
property remains vacant, subsequent registrations and fees are due
January 1 of each year and must be received no later than January
31 of the year due.
G.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a deed of trust or mortgage and any properties transferred under
a deed in lieu of foreclosure.
H.
Properties subject to this chapter shall remain under the annual
registration requirement, security and maintenance standards of this
section as long as such properties remain vacant.
I.
Once the property is no longer vacant or is sold or otherwise transferred,
the owner must provide proof of sale, transfer or occupancy to the
Code Enforcement within 30 days of sale, transfer or occupancy.
J.
Governmental agencies, other than the Borough or any of its governmental bodies or agencies, including, but not limited to, the Roselle Board of Education, are required to pay the annual registration fees and are also required to follow § 632-8, Maintenance requirements, § 632-9, Security requirements, and § 632-10, Additional authority, hereinafter defined.
K.
Any person, firm or corporation that has registered a property under
this chapter must report any change of information contained in the
registration within 10 days of the change.
The initial fee for registering a vacant property shall be $500.
The initial registration fee shall be prorated at a rate of $41.66
per month or the initial registration fee divided by 12 multiplied
by the remaining number of months in the initial registration calendar
year. 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.
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Initial registration
|
$500
|
|
First renewal
|
$1,500
|
|
Second renewal
|
$3,000
|
|
Any subsequent renewal
|
$5,000
|
The Code Enforcement Officer may issue rules and regulations
for the administration of the provisions of this ordinance.
A.
Properties subject to the requirements of this section must be maintained
in accordance with all applicable federal, state and local laws, rules
and regulations. The mortgagor, mortgagee, trustee, owner, agent,
real estate agency, property manager and/or other interested parties
must inspect the property twice a month for the duration of the vacancy.
B.
Properties subject to this section shall be, in comparison to the
neighborhood standard, kept free of weeds, dry bush, dead vegetation,
trash, junk, debris, building materials, unregistered vehicles, internal
combustion engine vehicles, any accumulation of newspapers, circulars,
flyers, notices, except those required by federal, state or local
law, discarded personal items, including, but not limited to, furniture,
clothing, large and small appliances, printed material or any other
items that give the appearance that the property is vacant.
C.
The property shall be maintained free of graffiti, tagging or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior of the structure.
D.
Front, rear and side yards shall be landscaped and maintained to
the neighborhood standard at the time registration was required.
E.
Landscape includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark
or artificial turf/sod designed especially for residential or commercial
installation.
F.
Maintenance includes, but is not limited to, the removal or repair
of, gravel, broken concrete, asphalt, decomposed granite, plastic
sheeting, mulch, indoor-outdoor carpet or any similar material; in
addition to regular watering, irrigation, cutting, pruning and mowing
of required landscape and removal of all trimmings.
G.
Pools and spas shall be kept in working order so the water remains
clear and free of pollutants and debris or drained and kept dry. In
either case, properties with pools and/or spas must comply with the
minimum security fencing requirements of the Borough.
H.
Insurance certificates. The owner of any vacant property shall acquire
or otherwise maintain liability insurance, in an amount of not less
than $300,000 for buildings designated primarily for use as residential
units and not less than $1,000,000 for any other building, including,
but not limited to, buildings designated for manufacturing, industrial,
storage or commercial uses, covering any damage to any person or any
property caused by any physical condition of or in the building. Any
insurance policy acquired or renewed after the building has become
vacant shall provide for written notice to the Code Enforcement Department
within 30 days of any lapse, cancellation or change in coverage. The
owner shall attach evidence of the insurance to the owner's registration
statement. Any registration form submitted that does not include such
evidence shall not be deemed to be a valid registration.
I.
Adherence to this section does not relieve the mortgagor, mortgagee,
real estate agency, trustee, owner, agent, property manager or interested
parties of any obligations set forth in any of the laws of the State
of New Jersey, any applicable regulations of any state agency having
jurisdiction, Code of the Borough of Roselle, covenants, conditions
and restrictions set forth in any deed, and/or homeowners' association
rules and regulations which may apply to the property.
A.
Properties subject to this section shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
Secure manner includes but is not limited to the closure and locking
of windows, doors (walkthrough, sliding and garage) gates and any
other opening of such size that it may allow a child to access the
interior of the property and or structure(s). In the case of broken
windows, "securing" means the re-glazing or boarding of the window.
C.
If the property is owned by a corporation and/or out of area mortgagor,
mortgagee, trustee or owner, a local property management company or
individual, shall be contracted to perform biweekly inspections to
verify that the requirements of this section, and any other applicable
laws, are being met.
D.
The property shall be posted with name and a twenty-four-hour contact
phone number of the local property management company or interested
party. The posting shall be no less than 18 inches by 24 inches and
shall be of font that is legible from a distance of 45 feet and shall
contain along with the name and twenty-four-hour contact number the
words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS
CALL." The posting shall be placed on the interior of a window facing
the street to the front of the property so it is visible from the
street, or secured to the exterior of the building/structure facing
the street to the front of the property so it is visible from the
street or if no such area exists, on a stake of sufficient size to
support the posting in a location that is visual from the street to
the front of the property but not readily accessible to vandals.
E.
Exterior postings must be constructed of and printed with weather-resistant
materials.
F.
The local property management company or responsible party shall
inspect the property on a biweekly basis to determine if the property
is in compliance with the requirements of this chapter.
In addition to the enforcement remedies established in Chapter 632 of the Borough Code, the Code Enforcement Officer or his or her designee shall have the authority to require any mortgagor, mortgagee, trustee, owner and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of on-site security guard or other measures as may be reasonably required to arrest the decline of the property.
At any time after filing a registration form or renewal of registration
form, the owner of any vacant property shall provide access to the
enforcement authority to conduct exterior and interior inspections
of the building to determine compliance with municipal codes, on reasonable
notice to the property owner or interested party and to issue summonses
for any violations.
A.
The Code Enforcement Officer in the Code Enforcement Department,
in addition to all other Borough officials empowered by the Borough
Code or general law to take enforcement action or issue summons for
violations of state statutes and/or the provisions of the Borough
Code are hereby authorized to enforce this chapter and issue summons
for violations of any section of this chapter.
B.
Any mortgagor, mortgagee, trustee, owner and/or owner of record who
fails to register a vacant property under the provisions of this ordinance
shall further be deemed to consent to receive, by posting at the building,
any and all notices of code violations and all processes in an administrative
proceeding brought to enforce code provisions concerning the property.
A.
Violations of this chapter shall be treated as a strict liability
offense regardless of intent. Any person, firm and/or corporation
that violates any portion of this chapter shall be subject to prosecution,
administrative enforcement and or placement of the property on the
Borough of Roselle Abandoned Properties List. Any person who shall
violate any of the provisions of this article shall, upon conviction,
be punished by a fine not less than $300 and not more than $1,000
for each offense or be subject to imprisonment in the county jail
for a period of 90 days or by a period of community service not exceeding
90 days. Every day that a violation continues shall constitute a separate
and distinct offence. Fines assessed under this chapter shall be recoverable
from the owner and shall be a lien on the property.
B.
Failure to initially register with the Code Enforcement Department
is punishable by a fine of $300.
C.
If applicable, failure to properly designate the name of the individual,
interested party or property management company is punishable by a
fine of $300.
D.
Failure to maintain the property as noted in §§ section 632-8, 632-9, and 632-10 hereinabove, or respond to the notice as set forth in § 632-12 hereinabove, is punishable by a fine up to $300, plus costs associated with the cleanup, securing and/or maintenance of the property to include, but not be limited to tipping fees and overtime for use of personnel and equipment.
E.
The court may impose all, some or any combination of these sanctions.
F.
Nothing contained herein shall prevent the Department of Public Works, in a case of an unregistered or delinquent registered mortgagor, mortgagee, trustee, owner, agent, real estate agency, property manager or interested parties, from cleaning up the property on an as-needed basis and imposing a lien against the property for associated costs as set forth in Subsection D of this section.
G.
Any fine(s) or cost(s) associated with cleaning up the property that remains uncollected or unpaid shall, by resolution of the Borough Council, become a lien upon the property, which lien shall hereafter form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes to be collected and enforced by the same officers and in the same manner as taxes in accordance with the provisions of N.J.S.A. 40:48-2.14 and Chapter 632 of the Code of the Borough of Roselle.
This article shall be known as and may be cited as "Abandoned
Property List; Maintenance and Compliance Monitoring Ordinance."
A.
It is the intent of this article to, through the adoption of this
article, establish an abandoned property list and management system,
authorize new, and changes to, existing policies and procedures for
the inventory, identification, maintenance and compliance monitoring
of abandoned properties as a mechanism to protect and preserve the
public health, safety, welfare, security, neighborhood vitality, economic
vitality and quiet enjoyment of residents, by:
B.
In addition to any other remedies in law or equity not set forth
herein, enforcement authority shall be vested in the Code Enforcement
Department and their respective inspectors, including, but not limited
to the Construction Department and Health Department, Police Department,
Fire Department and Department of Public Works shall also have enforcement
authority with respect to this ordinance. The Mayor, with the advice
and consent of Council, may also designate, when necessary, additional
enforcement duties for other Borough Departments to protect neighborhoods
from becoming blighted through the lack of adequate maintenance and
security of abandoned properties.
The Public Officer as designated herein is hereby directed to
identify abandoned properties within the municipality, place said
properties in an abandoned property list as provided in Section 36
of P.L. 1996, c.62 (N.J.S.A. 55:19-55), as amended by Section 28 of
P.L. 2003, c.210, and provide such notices and carry out such other
tasks as are required to effectuate an abandoned property list as
provided by law.
The abandoned property list shall apply to the Borough of Roselle
as a whole.
The Code Enforcement Officer and the Borough Administrator,
is hereby designated as the Public Officer for the purpose of carrying
out the responsibilities established by this ordinance, and shall
have all the responsibilities and powers provided by law.
The Public Officer as designated herein shall exercise the authority
granted the municipality pursuant to Section 13 of P.L.2003, c. 210,[1]to designate qualified rehabilitation entities to act as
a designee of the municipality with respect to provisions of that
section.
[1]
Editor's Note: See N.J.S.A. 55:19-90.
The public officer shall provide a report to the governing body
every six months, with respect to the number and location of properties
on the abandoned property list, the status of those properties, and
any actions taken by the Borough or by any qualified rehabilitation
entity designated pursuant to the authority granted the public officer
with respect to any property on the list or any other abandoned property
within the Borough of Roselle.
Properties subject to this section shall be required to comply with the standards set forth in § 632-8 above.
Properties subject to this section shall be maintained in accordance with the requirements of § 632-9 set forth above.
