As used in this chapter, the following terms shall have the
meanings indicated:
Any person, persons or entity who is not the owner, who has
charge, care and control of a premises or part thereof, with or without
the knowledge, consent or authority of the owner. "Operator" shall
also include a creditor, as defined in P.L. 2014, c. 5, that has served
a notice of intention to foreclose on a mortgage on a residential
property pursuant to P.L. 19101, c. 244, and that property has become
vacant after the filing of this intention to foreclose.
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 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 Old Bridge to have authority
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 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 or § 363-1; 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 for purposes of this chapter.
The owner and/or operator 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 Township on forms provided
by the Township for such purposes. Failure to receive notice by the
Township shall not constitute grounds for failure 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 and/or operator or owner and/or
operators 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 owners and/or operators in
connection with the enforcement of any applicable code, and the name,
street address, telephone number and e-mail address (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 for one year from the date of registration, except for the initial registration time, which shall be prorated through December 31. The owner and/or operator shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in § 363-10 of Article III, for each vacant property registered.
D.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
E.
The owner and/or operator shall notify the Township 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.
F.
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 owners
and/or operators of the building.
The owner and/or operator of any vacant property registered
under this chapter 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
and/or operator or the designated agent. Such inspections shall be
carried out on weekdays during the hours of 8:00 a.m. and 4:00 p.m.,
or such other time as may be mutually agreed upon between the owner
and/or operator and the Township.
A.
An owner who meets the requirements of this chapter with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
B.
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 purposes of this section until the owner notifies the Township
in writing of a change of authorized agent or until the owner files
a new annual registration statement.
C.
Any owner who fails to register vacant property under the provisions
of this chapter 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
of Old Bridge 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.
The owner and/or operator of any building that has become vacant
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 and/or operator, the owner and/or operator's authorized agent for the purpose of service of process (if designated pursuant to § 363-8 above), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner and/or operator 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 maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; 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; and
E.
Continue to 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 is demolished or until repaid and/or rehabilitation of the building
is complete.
F.
If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if a residential property becomes vacant at any point subsequent to the operator's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the operator or any other third party, and the property is found to be a nuisance and/or in violation of any of the provisions of this chapter, the Code Enforcement Officer shall notify the operator, which shall have the responsibility to abate the nuisance and/or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or this chapter. The Township shall include a description of the conditions that gave rise to the violation with the notice of violation, and shall provide a period of not less than 30 days from the operator's receipt of the notice for the operator to remedy the violation. If the operator fails to remedy the violation within that time period, the Township may impose penalties allowed for such violations pursuant to Article III of this chapter.
