[Ord. No. 9-2016 § 1]
As used in this section, the following terms shall have the
meanings indicated:
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
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 Construction Official that:
The property is in need of rehabilitation in the reasonable
judgment of the Construction Official, and no rehabilitation has taken
place during that six-month period;
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 Construction Official pursuant
to this section;
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 (see N.J.S.A. 54:4-1 et seq.) as of the date of a determination by the Construction Official pursuant to this section; or
The property has been determined to be a nuisance by the Construction
Official in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
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 2/3 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 Construction Official and the property meets the criteria of either
paragraph a,1 or a,4 of this definition.
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include, but is not limited to, evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past-due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
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 section.
Shall include 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 C.46:10B-51 (P.L. 2008, c. 127,
§ 17), or any other entity determined by the Borough of
South Toms River to act with respect to the 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 for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months, and
which exhibits evidence of vacancy such that a reasonable person would
believe that the property is vacant. Any property that contains all
building systems in working order, is being maintained on a regular
basis, has not been cited by the Borough for any violation of municipal
ordinance within such time and is being actively marketed by its owner
for sale or rental shall not be deemed vacant.
[Ord. No. 9-2016 § 2]
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, whichever is later, file a registration statement for each such vacant property with the Borough of South Toms River on forms provided by the Borough of South Toms River for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 11-1.4 of this section for each vacant property registered. The initial and renewal fees shall be prorated and or credited accordingly upon legal occupancy.
b.
Any owner of any building that meets the definition of "vacant property" prior to November 28, 2016, shall file a registration statement for that property on or before February 27, 2017. The registration statement shall include the information required under subsection 11-1.3 of this section, as well as any additional information that the Construction Official may reasonably require.[1]
[1]
Editor's Note: Ord. No. 9-2016 was adopted November 28, 2016.
c.
The owner shall notify the Borough of South Toms River within 30
days of any change in the registration information by filing an amended
registration statement on a form provided by the Borough of South
Toms River for such purpose.
d.
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough of South Toms River
against the owner or owners of the building.
[Ord. No. 9-2016 § 3]
a.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Borough of South Toms River Construction Official if requested,
following reasonable notice, during the period covered by the initial
registration or any subsequent renewal. If an inspection is required
of the interior of the property due to complaints or other cause,
the fee for such inspection shall be the same as that for a Continued
Certificate of Occupancy inspection as provided in the applicable
provisions of the Code of the Borough of South Toms River.
b.
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. The designated agent must have a contact number that will be
available 24 hours per day on an emergency basis. The statement shall
also include the name of the person responsible for maintaining and
securing the property, if different from the designated agent.
c.
An owner who is a natural person and who meets the requirements of
this section as to availability of a contact number on a twenty-four-hour
emergency basis may designate himself or herself as agent.
d.
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 purpose of this section until the owner notifies the Borough of
South Toms River of a change of the 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 section.
[Ord. No. 9-2016 § 4;
amended 11-28-2022 by Ord. No. 2022-7]
The initial registration fee for each building shall be $250.
The fee for the first renewal is $500. The fee for any subsequent
renewal up to five years is $750. After five years, the registration
fee shall be $5,000. Initial fee shall be prorated according to the
month of registration and renewal fees shall be credited when a property
becomes legally occupied during a renewal period.
|
Vacant and Abandoned Property Registration Fee Schedule
| |
|---|---|
|
Registration
|
Fee
|
|
Initial registration
|
$250
|
|
First renewal
|
$500
|
|
Any subsequent renewal up to 5 years
|
$750
|
|
After 5 years
|
$5,000
|
[Ord. No. 9-2016 § 5]
The owner of any building that has become vacant and abandoned
property, and any person maintaining, operating or collecting rent
for any such building that has become vacant, shall, immediately:
a.
Post a sign affixed to the inside of 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 subsection 11-1.3 of 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 15 inches by 17 inches; and
b.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Code of the Borough of South Toms
River and maintain the sign required in paragraph a above until the
building is again legally occupied or demolished or until repair or
rehabilitation of the building is complete; and
c.
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Borough of South Toms River; and;
d.
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Borough of South Toms River
for the delivery of circulars and advertisements to the property;
and
e.
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of water lines;
other than buildings with a fire sprinkler system; and
f.
Make provision for the cessation of electric or gas utility services
to the property; other than buildings with a fire sprinkler system;
and
g.
Make provision for the regular maintenance of the exterior of the
property.
[Ord. No. 9-2016 § 6]
The Borough of South Toms River Mayor and Council shall issue
rules and regulations for the administration of the provisions of
this section.
[Ord. No. 9-2016 § 7]
a.
Any owner who is not in full compliance with this section or who
otherwise violates any provision of this section or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than $500 and not more than $1,000 for each offense. Every day that
a violation continues shall constitute a separate and distinct offense.
Fines assessed under this section shall be recoverable from the owner
and shall be a lien on the property.
b.
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of subsection 11-1.5, or such other matters as may be established by the rules and regulations of the Borough of South Toms River shall be deemed to be a violation of this section.
[Ord. No. 9-2016 § 8]
Nothing in this section is intended to nor shall be read to
conflict or prevent the Borough of South Toms River 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
Borough of South Toms River and/or the Uniform Construction Code.
Further, any action taken under any such code provision other than
the demolition of a structure shall not relieve an owner from its
obligations under this section.
