[HISTORY: Adopted by the Township Committee of the Township
of Wall 11-9-2022 by Ord. No. 22-2022. Amendments noted where applicable.]
Pursuant to P.L. 2021 c. 444[1] all municipalities are required to revise and/or establish
a Vacant/Abandoned Property Ordinances and Fee Schedules. Further,
the Township Committee determined that it is in the public interest
for the Township of Wall to establish minimum standards of accountability,
including an applicable fee schedule, on the owners or other responsible
parties of vacant and abandoned structures in order to protect the
health, safety, and general welfare of the residents of the Township
of Wall.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
As used in this chapter, the following terms have the meanings
set forth:
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, and any amendments or supplements
thereto; or any other entity determined by the Township of Wall to
have authority with respect to the property.
Any building or structure to be used as a residence or commercial
or industrial facility 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 be legally reoccupied
without repair or rehabilitation, including, but not limited to, any
property that constitutes abandoned property pursuant to N.J.S.A.
55:19-80 et seq.; provided, however, that any property where all building
systems are in working order, where the building and grounds are maintained
in good order, or where the building is in habitable condition, and
where the building is being actively marketed by its owner for sale
or rental, shall not be deemed a vacant property.
A.
The owner of any vacant property, or his or her authorized agent,
shall file a registration statement for that property with the Division
of Code Enforcement on forms promulgated by the Division of this purpose.
B.
The registration statement must be filed no later than 30 days after
the property becomes vacant, or the assumption of ownership of vacant
property, whichever is later; or no later than 10 days after receiving
written notice from the Township. Failure to receive notice from the
Township does not constitute grounds for failure to register.
C.
Each vacant property having a separate block and lot number as designated
in official records of the Township must be separately registered.
D.
The registration statement must include the following information:
(1)
Name, street address, telephone number, and email address (if applicable)
of a 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
action.
(2)
Name, street address, telephone number, and email address (if applicable)
of the entity, and the names of the individual principals thereof,
if any, responsible for managing and maintaining the property.
E.
The registration is effective for the calendar year in which issued
and must be renewed annually on or before January 31.
F.
The owner, or his or her authorized agent, must file an amended registration
statement on forms provided for this purpose no later than 30 days
following any change of information.
G.
The owner or authorized agent must certify to the truth of all information
provided on the registration statement. False or misleading information
on the registration statement constitutes a violation of this chapter.
The owner, or authorized agent thereof, of vacant property registered
under this chapter must provide the Township with access thereto for
the purpose of conducting interior and exterior inspections to determine
compliance with all applicable laws, regulations, codes, and ordinances.
The Township shall provide the owner or authorized agent with reasonable
notice of such inspections, which will be carried out during regular
business hours, or at such other times as circumstances warrant or
as agreed to by the parties.
A.
The owner must appoint an authorized agent for receiving notices
of code violations and for receiving process in any court proceeding
or administrative enforcement action. The owner may serve in this
capacity, or may designate a third party to do so.
B.
By designating an authorized agent as provided hereunder, the owner
consents to receive, by service of process on the authorized agent,
any and all notices of code violations, and service of process in
any court proceeding or administrative enforcement action, concerning
the registered vacant property.
D.
Owners who fail to register vacant properties pursuant to this chapter
are hereby deemed to have consented to receive any and all notices
of code violations and process in any court proceeding or administrative
enforcement actions served in the following manner: 1) by plain-view
posting on the structure; and 2) by service of notice, via regular
and certified mail, at the owners' last known address on record
with the Township.
E.
Out-of-state creditors must include the full name and contact information
of the in-state representative or agent, and any other person or entity
retained by the creditor or representative of the creditor in the
notice provided pursuant to N.J.S.A. 46:10B-51.
F.
Any creditor serving a summons and complaint in an action to foreclose
on a mortgage on commercial property within the Township shall, within
10 days of serving the summons and complaint, notify the Township
Clerk and the Code Enforcement Officer that at a summons and complaint
in an action to foreclose on a mortgage has been filed against the
subject property.
B.
At least 20% of all income resulting from the application of this
chapter shall be used for the sole purpose of carrying out municipal
activities with respect to vacant and distressed properties, including,
but not limited to, code enforcement, abatement of nuisance conditions,
stabilization, rehabilitation, and other activities designed to minimize
blight and further productive reuse of properties.
The owner, or authorized agent thereof, and any person or entity
maintaining, operating, or collecting rent for any structure that
has become vacant as defined in this chapter, must, within 30 days
thereof, undertake all of the following measures:
A.
Enclose and secure the structure as provided by the applicable sections of the Township of Wall Property Maintenance Code, Chapter 171, et seq., of the Township of Wall or as set forth in rules and regulations adopted by the municipal officer to implement those codes.
B.
Ensure that the grounds of the structure, including yards, fences,
sidewalks, walks, and driveways, are well-maintained and kept free
from trash or debris.
C.
Post a sign affixed to the structure with the name, address, and
telephone number of the owner and the owner's authorized agent
for the purpose of service of process; and the name, address, and
telephone number of the entity responsible for maintenance of the
property, which may be the same as the owner or authorized agent.
If the structure is set back from the street, the sign may be posted
on a well-secured post or stake in the front yard of the property.
The sign shall be at least 18 inches by 24 inches in dimension, shall
include the following language: "To report a problem with this building,
call (contact information for owner or agent)" and shall be placed
in a location where it is clearly visible and legible from the nearest
public street or sidewalk, whichever is nearer; and
D.
Maintain the structure in a secure and closed condition, keep the
grounds in a clean and well-maintained condition, and ensure that
the sign is visible and intact until the building is again occupied
or demolished, or until repair or rehabilitation of the building is
complete.
E.
Fines and penalties imposed under this chapter for failing to properly
register are recoverable from the owner and, if not paid, will be
enforced and recorded as a judgment against the property. To the extent
the Township must perform work to maintain and secure a registered
property, such costs shall be imposed as a lien against the property.
A.
The Division of Code Enforcement is hereby charged with the enforcement
of this chapter, with the assistance, as circumstances warrant, of
other Township agencies within their respective jurisdictions.
B.
Any person or entity violating this chapter shall be subject to the
maximum fines and penalties established under N.J.S.A. 40:49-5 and
N.J.S.A. 40:69A-29, and any subsequent amendments to those statutes,
or as otherwise prescribed by law.
C.
Each day that a violation continues constitutes a separate and distinct
offense.
D.
Fines and penalties imposed under this chapter are recoverable from
the owner and, if not paid, may be imposed as a lien against the property.
E.
No less than 20% of any money collected by the Township pursuant
to this chapter shall be earmarked for code enforcement purposes.
F.
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 provisions
of such provisions contained herein shall be deemed to be violations
of this section.
