[Added 12-17-2018 by Ord.
No. 18-20]
The purpose of this article is to notify property owners, lienholders
and other interested parties of property within the Township of Washington
(the "Township") of the intent of the Township to implement the Abandoned
Properties Rehabilitation Act (N.J.S.A. 55:19-78 et seq., hereunder,
the "Act"), its provisions, procedures, authority and lawful remedies,
empowering the Township and its officials to act under the authority
of same. This article modifies the Abandoned Properties Rehabilitation
Act only for purposes of notification, order and context and preserves
all substantive rights and obligations of the Act.
As used in this article, the following terms shall have the
meanings indicated:
Any property which meets the criteria set forth in § 360-28 of this article.
Any person designated or appointed by the Township to exercise
the powers and authority prescribed by this article. Unless another
person is designated or appointed by the Township to exercise the
powers and authority prescribed by this article, the Code Enforcement
Official shall be deemed to be the public officer hereunder.
A.
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A. 55:19-83),
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 upon a determination by the
public officer that:
(1)
The property is in need of rehabilitation in the reasonable judgment
of the public officer, and no rehabilitation has taken place during
that six-month period;
(2)
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 public officer pursuant to this section;
(3)
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 (N.J.S.A. 54:4-1 et seq.) as of the date of a determination
by the public officer pursuant to this section; or
(4)
The property has been determined to be a nuisance by the public officer
in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82).
B.
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 seq.), so long as two-thirds or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential 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(1) or (4) of this section.
A.
A property may be determined to be a nuisance if:
(1)
The property has been found to be unfit for human habitation, occupancy
or use pursuant to Section 1 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3);
(2)
The condition and vacancy of the property materially increases the
risk of fire to the property and adjacent properties;
(3)
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the Township has
secured the property in order to prevent such hazards after the owner
has failed to do so;
(4)
The presence of vermin or the accumulation of debris, uncut vegetation
or physical deterioration of the structure or grounds has created
potential health and safety hazards, and the owner has failed to take
reasonable and necessary measures to remove the hazards; or
(5)
The dilapidated appearance or other condition of the property materially
affects the welfare, including the economic welfare, of the residents
for the area in close proximity to the property, and the owner has
failed to take reasonable and necessary measures to remedy the conditions.
A.
The Township Administrator may direct the public officer to identify
abandoned property for the purpose of establishing an abandoned property
list throughout the Township, or within those parts of the Township
as the Administrator may designate. Each parcel so identified shall
include the tax lot and block number, the name of the owner of record,
if known, and the street address of the lot.
B.
The public officer may add properties to the abandoned property list
at any time and alternatively may delete or remove properties from
the list at any time when the public officer finds that the property
no longer meets the criteria of an abandoned property. The abandoned
property list shall be maintained by the public officer and shall
be available to the Township Administrator and Township Clerk.
C.
An abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of rehabilitation
work authorized by the permits. Removal of certain properties from
the abandoned property list may be performed in accordance with any
and all provisions of the Abandoned Properties Rehabilitation Act,
N.J.S.A. 55:1-78 et seq.
D.
The public officer shall establish the abandoned property list by
publication in an official newspaper of the Township, which publication
shall constitute public notice, and, within 10 days after publication,
the public officer shall send a notice, by regular and certified mail,
return receipt requested, to the record owner of each and every property
as reflected on the official tax records of the Township included
on the published list. The publication shall include the name of the
record owner, tax lot and block number and street address. The public
officer, in consultation with the Tax Assessor, shall also send out
notice by regular mail to any known mortgagee, servicing organization,
or property tax processing organization that regularly receives a
duplicate copy of the tax bill for the property. The mailed notice
shall indicate the factual basis for the public officer's determination
that the property is abandoned property, specifying the rules and
regulations promulgated and the information relied upon in making
such finding. The public officer is further required to satisfy all
other prescribed notices and filings pursuant to the Abandoned Properties
Rehabilitation Act and entitled to all other remedies and available
procedures afforded by same.
E.
An owner or lienholder may challenge the inclusion of his/her property
on the abandoned property list as authorized above by appealing that
determination to the public officer within 30 days of the owner's
receipt of the certified or regular mailed notice or 40 days from
the date upon which the notice was sent. An owner whose identity was
not known to the public officer shall have 40 days from the date upon
which notice was published or posted, whichever is the later, to challenge
the inclusion of the property on the abandoned property list. For
good cause shown to the public officer, a late challenge shall be
accepted by the public officer. Within 30 days of receipt of a challenge,
the public officer shall schedule a hearing for a redetermination
of the inclusion. Any property included on the list is presumed to
have satisfied the criteria for inclusion, and the burden is on the
property owner to submit the proper paperwork and/or testimony that
can demonstrate that the property was erroneously included on the
list. The affidavit or certification shall be accompanied by supporting
documentation, which may include but not be limited to photographs
and repair invoices, bills and construction contracts. The sole ground
for appeal shall be the property in question is not abandoned property.
The public officer shall promptly, by certified mail, return receipt
requested, and by regular mail notify the property owner of the decision
and the reasons therefor.
F.
The owner or lienholder may challenge an adverse determination of an appeal with the public officer pursuant to Subsection E of this section by instituting, in accordance with the New Jersey Court Rules, a summary proceeding in the Superior Court, Law Division, sitting in the county in which the property is located, which action shall be tried de novo. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the public officer pursuant to Subsection E of this section. The sole ground for appeal shall be that the property in question is not "abandoned property" as that term is defined in Section 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54). The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the court may extend.
A.
If an entity other than the Township has purchased or taken assignment
for the Township of a tax sale certificate on a property that has
not been legally occupied for a period of six months, that property
shall not be placed on the abandoned property list pursuant to Section
36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) if 1) the owner of the
certificate has continued to pay all Township taxes and liens on the
property in the tax year when due; and 2) the owner of the certificate
takes action to initiate foreclosure proceedings within six months
after the property is eligible for foreclosure pursuant to either
Subdivision a or b of N.J.S.A. 54:5-86, as appropriate, and diligently
pursues foreclosure proceedings in a timely fashion thereafter.
B.
A property which is used on a seasonal basis shall be deemed to be
abandoned only if the property meets any two of the additional criteria
set forth in Section 4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81).
C.
A determination that a property is abandoned property under the provisions
of P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), shall not constitute
a finding that the use of the property has been abandoned for purposes
of municipal zoning or land use regulation.
D.
Upon request of a purchaser or assignee of a tax sale certificate
seeking to bar the right of redemption on an abandoned property pursuant
to Subdivision b of N.J.S.A. 54:5-86, the public officer or the tax
collector shall, in a timely fashion, provide the requester with a
certification that the property fulfills the definition of "abandoned,"
according to the criteria set forth in Sections 4 and 5 of P.L. 2003,
c. 210 (N.J.S.A. 55:19-81 and 55:19-82).
A.
An owner may remove a property from the list of abandoned properties
prior to sale of the tax sale certificate by paying all taxes and
Township liens due, including interest and penalties, and:
(1)
By posting cash or a bond equal to the cost of remediating all conditions
because of which the property has been determined to be abandoned
pursuant to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) and
depositing cash or a bond to cover the cost of any environmental cleanup
required on the property, evidenced by a certification by a licensed
engineer retained by the owner and reviewed and approved by the public
officer stating that the cash or bond adequately covers the cost of
the cleanup; or
(2)
By demonstrating to the satisfaction of the public officer that the
conditions rendering the property abandoned have been remediated in
full; provided, however, that where the public officer finds that
the owner is actively engaged in remediating the conditions because
of which that property was determined to be abandoned pursuant to
Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as evidenced by
significant rehabilitation activity on the property, the public officer
may grant an extension of time of not more than 120 days for the owner
to complete all work, during which time no further proceeding will
be taken against the owner or the property.
B.
If the owner has posted cash or a bond in order to have a property
removed from the abandoned property list and the conditions because
of which the property was determined to be abandoned have not been
fully remediated within one year of the date of posting the cash or
bond, or, in the case of a property which requires a remediation of
any known, suspected or threatened release of contaminants, if the
owner has failed to enter into a memorandum of agreement with the
Department of Environmental Protection or an administrative consent
order, remediation in conformance with the agreement or order, then
the cash or bond shall be forfeited to the Township, which shall use
the cash or bond and any interest which has accrued thereon for the
purpose of demolishing or rehabilitating the property or performing
the environmental remediation. Any funds remaining after the property
has been demolished, rehabilitated or cleaned up shall be returned
to the owner.
The owner and/or creditor of any abandoned property as defined
herein shall, within 30 calendar days after the property becomes abandoned
property; or within 30 calendar days after assuming ownership of the
abandoned property; or within 30 calendar days of receipt of notice
by the Township that the property has been added to the list of abandoned
properties, file a registration statement for such abandoned property
with the public official on forms provided by the Township for such
purposes in the manner set forth below. Failure to receive notice
by the Township shall not constitute grounds for failing to register
the property as abandoned property.
A.
Each property having a separate block and lot number as designated
in official records of the Township shall be registered separately.
B.
The registration statement shall include the name, street address,
telephone number and e-mail address of a person 21 years of age or
older, designated by the owner or creditor or owners or creditors
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 or creditors in connection
with the enforcement of any applicable code; and the name, street
address, telephone number and e-mail address of the firm and the actual
name(s) of the firm's individual principal(s) responsible for maintaining
the property. The individual or a 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 for one year from the date of
registration.
D.
The owner or creditor of an abandoned property shall notify the public
official within 30 calendar days of any change in the registration
information by filing an amended registration statement on a form
provided by the Township 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,
owners or creditor of the abandoned property.
F.
The registration statement may include any additional information
that the public official may reasonably require.
G.
There shall be due and payable a registration fee for each abandoned property added to the Township's list of abandoned properties in accordance with the schedule set forth in Section 212-14. If any registration fee is not paid within 30 days of notification, a lien will be placed on the abandoned property for the amount of same.
The owner and/or creditor of any abandoned property registered
under this article shall provide access to the Township to conduct
exterior and interior inspections of the building or other structures
and improvements on the property to determine compliance with municipal
codes, upon reasonable notice to the property owner or creditor or
the designated agent. Such inspections shall be carried out, except
in case of emergent circumstances, on weekdays during the hours of
9:00 a.m. and 5:00 p.m., or such other time as may be mutually agreed
upon between the owner or creditor and the Township. If the Township
cannot contact the owner and/or creditor, the public officer shall
send a notice, by regular and certified mail, return receipt requested,
to the record owner of such property as reflected on the official
tax records of the Township advising of the date and time the public
officer and/or any other Township official will appear at the property
to conduct inspections. Failure or refusal of the owner and/or creditor
of the property to provide access to the property shall constitute
authorization for the public officer and other Township officials
to enter upon the property to conduct any inspections of the building
or other structures and improvements on the property to determine
compliance with municipal codes. The right to enforce all municipal
codes, state law, and all other applicable laws, rules and regulations
is expressly reserved by the Township.
In addition to all duties and responsibilities of an owner or
lienholder of a property under all municipal codes, state law, and
all other applicable laws, rules and regulations, the owner and/or
lienholder of an abandoned property shall be required to:
A.
Board and secure the principal structure and all attached and unattached
accessory structures, garages or similar structures to the end that
they are free from current or potential health or safety hazards.
B.
Insure that at all times the exterior grounds of the principal structure,
and all attached and unattached accessory structures, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls
and driveways, are well-maintained and free from trash, debris, litter,
and grass and weed overgrowth.
C.
Insure that at all times the principal structure and all attached
and unattached accessory structures, garages or similar structures,
and exterior grounds are free from rodents and other vermin and mosquito
infestation.
D.
Insure that at all times the exterior grounds are free from the accumulation
of debris, uncut vegetation or physical deterioration that has created
potential health and safety hazards.
E.
Maintain all structures in a secure and closed condition, and keep
the exterior grounds in a clean and well-maintained condition.
A.
Any owner or in-state creditor who violates any provision of this
article or of the rules and regulations issued hereunder shall be
subject to a fine of $1,500 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this article shall be recoverable from the owner or
creditor and shall be a lien on the property as described in N.J.S.A.
55:19-100.
B.
Any out-of-state creditor who violates any provision of this article
or of the rules and regulations issued hereunder shall be subject
to a fine of $2,500 for each day a separate violation of this article
exists. Fines assessed under this article shall be recoverable from
the owner or creditor and shall be a lien on the property as described
in N.J.S.A. 55:19-100.
