Approved as to Form of Legality

Transcription

1 THE TOWNSHIP OFEWING COUNTY OF MERCERNEW JERSEY ORDINANCE NO st Reding 4913 Dte to Myor nd Reding Pulic Hering Dte Returned Dte Adopted Dte Resumitted to Council Approved s to Form of Leglity Effective Dte 513 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER TO AMEND CHAPTER 161 DWELLINGS UNFIT OF THE CODE OF THE TOWNSHIP OF EWING TO ADD A NEW SECTION ESTABLISHING PROVISIONS GOVERNING THE MAINTENANCE OF VACANT AND ABANDONED PROPERTIES AND LEVYING A REGISTRATION FEE ON OWNERS OF VACANT AND ABANDONED PROPERTIES Firct RPrlin MEMBER AYE NAY ABS NV RES SEC Bxter Keyes Mloney g Schroth Wollert Hyser SPCnnrl RPriino MEMBER AYE NAY ABS NV RES SEC Bxter Keyes Mloney Schroth Wollert Hyser By Myor Accepted Rejected Reconsidered By Council Override Vote YEA NAY President of the Council Municipl Clerk 1

2 TOWNSHIP OF EWING ORDINANCE NO AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER TO AMEND CHAPTER 161 DWELLINGS UNFIT OF THE CODE OF THE TOWNSHIP OF EWING TO ADD A NEW SECTION ESTABLISHING PROVISIONS GOVERNING THE MAINTENANCE OF VACANT AND ABANDONED PROPERTIES AND LEVYING A REGISTRATION FEE ON OWNERS OF VACANT AND ABANDONED PROPERTIES WHEREAS the Township of Ewing contins severl structures which re vcnt in whole or lrge prt nd WHEREAS in mny cses the owners or other responsile prties of these structures re neglectful of them re not mintining or securing them to the dequte stndrd or restoring them to productive use nd WHEREAS it hs een estlished tht vcnt nd ndoned structure cuse severe hrm to the helth sfety nd generl welfre of the community including diminution of neighoring property vlues incresed risk of fire nd potentil increses in criminl ctivity nd pulic helth risk nd WHEREAS it is in the pulic interest for the Township of Ewing to estlish minimum stndrds of ccountility on the owners or other responsile prties of vcnt nd ndoned structures in order to protect the helth sfety nd generl welfre ofthe residents ofthe Township of Ewing nd WHEREAS it is in the pulic interest for the Township of Ewing to impose fee in conjunction with registrtion ordinnce for vcnt nd ndoned structures in lightof the disproportionte costs imposed on the Township y the presence of these structures NOW THEREFORE BE IT ORDAINED y the Township Council of the Township of Ewing s follows Vcnt Properties Section 1 Definitions Owner shll include the title holder ny gent of the title holder hving uthority to ct with respect to vcnt property ny foreclosing entity suject to the provisions ofc46 lob 51 PL 2008 c 127 Sec 17 or ny other entity determined y the Township of Ewing to hve uthority to ct with respect to the property Vcnt Property shll men ny uilding used or to e used s residence which is not leglly occupied or t which sustntilly ll lwful construction opertions or residentil occupncy hs cesed for period of t lest three months nd ny commercil property tht hs not een leglly occupied or t which sustntilly ll lwful construction opertions hve cesed for period of t lestthree months nd which exhiits evidence of vcncy such tht resonle person would elieve tht the property is vcnt Any property tht contins ll uilding systems in working order is eing mintined on regulr sis hs not een cited y the Township for ny violtion of municipl ordinnce within such time nd is eing ctively mrketed y its ownerfor sle or rentl shll not e deemed vcnt Evidence of Vcncy mens ny condition tht on its own or comined with other conditions present would led resonle person to elieve tht the property is or hs een vcnt for three 3 or more months Such evidence would include ut is not limited to evidence of the existence of two or more of the following conditions t property overgrown or ded vegettion ccumultion of newsppers circulrs flyers or mil pst due utility notices or disconnected utilities ccumultion of trsh junk or deris the sence of window coverings such s curtins

3 linds or shutters the sence of furnishings or personl items consistent with residentil hittion sttements y neighors delivery gents or government employees tht the property is vcnt or ndoned infesttion y insects vermin rts or other pests windows or entrnces tht re orded up or closed off multiple window pnes tht re dmged roken or unrepired doors tht re smshed roken unhinged or continuously unlocked or ny uncorrected violtion of municipl uilding housing or similr code during the preceding yer Property determined to e ndoned property in ccordnce with the mening of such term in the Andoned Properties Rehilittion ActNJSA et seq shll lso e deemed to e vcnt property for the purposes of this ordinnce Andoned property s defined in ccordnce with the Andoned Properties Rehilittion Act NJSA et seq shll men the following Except s provided in section 6 of PL2003 c 210 C ny property not een leglly occupied for period of six months nd which meets ny one of the following dditionl criteri my e deemed to e ndoned property upon determintion y the pulic officer tht tht hs The property is in need of rehilittion in the resonle judgment of the pulic officer nd no rehilittion hs tken plce during thtsix month period Construction ws initited on the property nd ws discontinued prior to completion leving the uilding unsuitle for occupncy nd no construction hstken plce lest six months s of the dte of determintion y the pulic officer pursunt to this section for t At lest one instllment of property tx remins unpid nd delinquent on tht property in ccordnce with chpter 4 of Title 54 of the Revised Sttutes s of the dte of determintion y the pulic officer pursunt to this section or d The property hs een determined to e nuisnce y the pulic officer in ccordnce with section 5 ofpl2003c 210C A property which contins oth residentil ndnon residentil spce my e considered ndoned pursunt to PL2003c 210C et l so long s two thirdsor more of the totl net squre footge of the uilding ws previously leglly occupied s residentil spce nd none of the residentil spce hs een leglly occupied for t lest six months t the time of the determintion of ndonment y the pulic officer nd the property meets the criteri of either susection or susection d of this section Section 2 Generl Requirements The owner of ny vcnt property s defined herein shll within thirty 30 dys fter the uilding ecomes vcnt property or within 30 dys fter ssuming ownership of the vcnt property whichever is lter file registrtion sttement for ech such vcnt property with the Ewing Township Office of Code Enforcement on forms provided y the Office of Code Enforcement for such purposes The registrtion shll remin vlid until the end of the clendr yer The owner shll e required to renewthe registrtion nnully no lter thn Jnury 315Y s long s the uilding remins vcnt property nd shll py registrtion or renewl fee in the mount prescried in Section 4 of this ordinnce for ech vcnt property registered Any owner of ny uilding tht meets the definition of vcnt property prior to April shll file registrtion sttement for tht property on or efore June The registrtion sttement shll include the informtion required under Section 3 of this ordinnce s well s ny dditionl informtion tht the Office of Code Enforcement my resonly require

4 c The owner shll notify the Office of Code Enforcement within thirty 30 dys of ny chnge in the registrtion informtion y filing n mended registrtion sttement on form provided y the Office of Code Enforcement for such purpose d The registrtion sttement shll e deemed prim fcie proof of the sttement therein contined in ny dministrtive enforcement proceeding or court proceeding instituted y the Township of Ewing ginst the owneror owners of the uilding Section 3 Registrtion Sttement Requirements Property Inspection After filing registrtion sttement or renewl of registrtion sttement the owner of ny vcnt property shll provide ccess to the Ewing Township Code Enforcement Officil if requested following resonle notice during the period covered y the initil registrtion or ny susequent renewl If n inspection is required of the interior of the property due to complints or other cuse the fee for such inspection shll e the sme s tht for Certificte of Occupncy inspection s provided in the pplicle provisions of the Code of the Township ofewing The registrtion sttement shll include the nme street ddress nd telephone numer of nturl person twenty one21 yers of ge or older designted y the owneror owners s the uthorized gent for receiving notices of code violtions nd for receiving process in ny court or proceeding dministrtive enforcement proceeding on ehlf of such owner or owners in connection with the enforcement of ny pplicle code The designted gent must hve contct numer tht will e ville 24 hours per dy on n emergency sis The sttement shll lso include the nme of the person responsile for mintining nd securing the property if differentfrom the designted gent c An owner who is nturl person nd who meets the requirements of this Ordinnce s to vilility of contct numer on 24 hour emergency sis my designte him or herself s gent By designting n uthorized gent under the provisions of this section the owner consents to receive ny nd ll notices of code violtions concerning the registered vcnt property nd ll process in ny court proceeding or dministrtive enforcement proceeding rought to enforce code provisions concerning the registered uilding y service of the notice or process on the uthorized owner gent Any who hs designted n uthorized gent under the provisions of this section shll e deemed to consent to the continution of the gent s designtion for the purpose of this section until the owner notifies the Township of Ewing of chnge of the uthorized gent or until the owner files new nnul registrtion sttement The designtion of n uthorized gent in no wy releses the owner from ny requirement of this ordinnce Section 4 Fee Schedule The initil registrtion fee for ech uilding shll e The fee for the first renewl is 500 The fee for ny susequent renewl is 1000 After five yers the registrtion fee shll e 5000 Vcnt nd Andoned Property Registrtion Fee Schedule Initil registrtion First Renewl 500 Any susequent renewl up to five yers 1000 After five yers 5000

5 Section 5 Requirements for Owners of Vcnt nd Andoned Property The ownerof ny uilding tht hsecome vcnt nd ndoned property nd ny person mintining operting or collecting rent for ny such uilding tht hs ecome vcnt shll immeditely Post sign ffixed to the inside of the uilding indicting the nme ddress nd telephone numer of the owner the owner s uthorized gent for the purpose of service of process if designted pursunt to Section 3 of this ordinnce nd the person responsile for the to dy supervision nd mngement of the uilding if such person is different from the owner holding title or uthorized gent The sign shll e of size nd plced in such loctions so s to e legile from the nerest pulic street or sidewlk whichever is nerer ut shll e no smller thn 15 x 17 nd Enclose nd secure the uilding ginst unuthorized entry s provided in the pplicle provisions of the Code of the Township of Ewing nd mintin the sign required in ove until the uilding is gin leglly occupied or demolished or until repir or rehilittion of the uilding is complete nd c Mke provision for the mintennce of the lwn nd yrd including regulr grss cutting s required y the pplicle provisions of the Code of the Township of Ewing nd d Mke provision for the cesstion of the delivery of mil newsppers nd circulrs to the property including hving the property listed on the exclusion list mintined y the Ewing Township Clerk for the delivery of circulrs nd dvertisements to the property nd e Mke provision for the winterizing of the property y the cesstion of wter service to the property nd the drining of wter lines nd f nd Mke provision for the cesstion of electric or gs utility services to the property g Mke provision for the regulr mintennce of the exterior of the property Section 6 Administrtion The Ewing Township Myor nd Council my issue rules nd regultions dministrtion ofthe provisions ofthis ordinnce for the Section 7 Violtions nd Penlties Any owner who is not in full complince violtes ny provision of this ordinnce or of the rules hereunder shll e suject to with this ordinnce or who otherwise nd regultions issued fine of not less thn500 dollrs nd not more thn for ech offense Every dy tht violtion continues shll constitute seprte nd distinct offense Fines ssessed under this ordinnce shll e recoverle from the owner nd shll e lien on the property For purposes of this ordinnce filure to file registrtion sttement in time filure to provide correct informtion on the registrtion sttement filure to comply with the provisions of Section 5 of this ordinnce or such other mtters s my e estlished y the rules nd regultions of the Council of the Township of Ewing shll e deemed to e violtion of this ordinnce

6 Section 8 Complince with Other Provisions Nothing in this ordinnce is intended to norshll e red to conflict or preventthe Township of Ewing from tking ction ginst uildings found to e unfit for humn hittion or unsfe or the structures s provided in pplicle provisions of the code of the Township of Ewing nd Uniform Construction Code Further ny ction tken under ny such code provision other thn the demolition of structure shll not relieve n owner from its oligtions under this Ordinnce II BE IT FURTHER ORDAINED tht if ny section prgrph susection cluse or provision of this ordinnce shll e djudged y the courts to e invlid such djudiction shll pply only to the section prgrph susection cluse or provisions so djudicted nd the reminder of the ordnnce shll e deemedvlid nd effective nd III BE IT FURTHER ORDAINED tht this ordinnce shll tke effect twenty 20 dys fter finl pssge y Council nd pprovl y the Myor STATEMENT This Ordinnce mends the Revised Generl Municipl Ordinnces of the Township of Ewing to mend Chpter 161 Dwellings Unfit of the Code of the Township of Ewing to dd new section estlishing provisions governing the mintennce of vcnt nd ndoned properties nd levying registrtion fee onowners of vcnt nd ndoned properties