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Executive Summary
This document outlines Ordinance No. 2016-8 for the Township of Downe, Cumberland County, New Jersey, which amends property maintenance terms regarding the maintenance of vacant and abandoned properties. It establishes requirements for owners of such properties, including registration with the Property Maintenance Inspector, securing the building, maintaining the grounds, and posting contact information. The ordinance also sets a fee schedule for initial registration and renewals, with increasing fees for subsequent renewals. Initial registration should occur within 30 calendar days after a building becomes vacant property, and annual renewal must be completed by January 1st each year.
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Document Text
--- Document: Abandoned & Vacant Property Registration Ordinance Document ---
1
TOWNSHIP OF DOWNE
CUMBERLAND COUNTY, NEW JERSEY
ORDINANCE NO. 2016-8
AN ORDINANCE FOR THE TOWNSHIP OF DOWNE AMENDING PROPERTY MAINTENANCE TERMS
REGARDING MAINTENANCE OF VACANT AND ABANDONED PROPERTIES
WHEREAS, the Township of Downe (the “Downe”) contains structures which are vacant
and/or abandoned in whole or large part; and
WHEREAS, in many cases, the owners or responsible parties of these structures are
neglectful of them, are not maintaining or securing them to an adequate standard or
restoring them to productive use; and
WHEREAS, it has been established that vacant and abandoned structures cause severe
harm to the health, safety and general welfare of the community, including diminution of
neighboring property values, increased risk of fire and potential increases in criminal
activity and public health risks; and
WHEREAS, the Township incurs disproportionate costs in order to deal with the
problems of vacant and abandoned structures, including but not limited to, excessive
police calls, fire calls and property inspections; and
WHEREAS, it is in the public interest for the Township to establish minimum
standards of accountability 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; and
WHEREAS, it is in the public interest of the Township to impose a fee in
conjunction with registration of vacant and abandoned structures in light of the
disproportionate costs imposed on the Township by the presence of these structures.
MAINTENANCE OF VACANT/ABANDONED PROPERTIES
1.
Definitions
“Owner” – Shall include the title holder, any agent of the title holder having
authority to act with respect to a vacant/abandoned property, any foreclosing
entity subject to the provisions of C.46:10B-51 (P.L. 2008, c. 127, Sec. 17 as
amended by P.L. 2009, c. 296), or any other entity determined by the Township of
Downe to have authority to act with respect to the property.
“Vacant Property” – Any building used or to be used as a residence, commercial or
industrial structure which is not legally occupied or at which substantially all
lawful construction operations or 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. 55:19-54, 55:19-78, 55:19-70, 55:19-80 and 55:19-81; 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
Ordinance.
“Abandoned Property” – Pursuant to N.J.S.A. 55:19-81 is defined as follows:
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:
a) 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
b) 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;
c) 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 of
the date of the determination by the public officer pursuant to this section;
or
d) The property has been determined to be a nuisance by the public officer in
accordance with Section 5 of P.L. 2003, c. 210 (C.55:19-82). A property which
contains both residential and non-residential space may be considered abandoned
pursuant to P.L. 2003, c. 210 (C.55:19-78 et al) so long as two-thirds or more
of the total net square footage of the building was previously legally occupied
as residential or commercial space and none of the residential or commercial
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. or subsection d. of this section.
2.
Registration Requirements
Effective July 15, 2016, the owner 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 Property Maintenance
Inspector on forms provided by the Township for such purposes. Failure to receive
notice by the municipality shall not constitute grounds for failing 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 or owners as the authorized agent for receiving notices
of code violations and for receiving process in any Court proceeding or
administrative enforcement proceedings on behalf of such owner or owners in
connection with the enforcement of any applicable code; and the name, street
address, telephone number, and e-mail (if applicable) of the firm and the
actual name(s) of the firms 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 24
hour per day, seven day per week basis. The two entities may be the same or
different persons. Both entities show 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 which shall be pro-rated through December
31st. The owner shall be required to renew the registration annually as long as
the building remains a vacant and/or abandoned property and shall pay a
registration or renewal fee in the amount prescribed in Section 5 of this
Ordinance, for each vacant property registered.
d) The annual renewal shall be completed by January 1st each year. The initial
registration fee shall be pro-rated for registration statements received less
than 10 months prior to that date.
e) The owner shall notify the Property Maintenance Inspector within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Property Maintenance Inspector
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
3
proceeding instituted by the Township against the owner or owners of the
building.
3.
Access to Vacant Properties
The owner of any vacant property registered under this Article shall provide access
to the Township to conduct exterior and interior inspections of the building to
determine compliance with municipal does, upon reasonable notice to the property
owner or the designated agent. Such inspections shall be carried out on weekdays
during the hours of 9:00 a.m. and 4:00 p.m., or such other time as may be mutually
agreed upon between the owner and the Township.
4.
Responsible Owner or Agent
a) An owner who meets the requirements of this Article 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 authorize 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/abandoned property under the provisions
of this Article 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 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.
5.
Fee Schedule
The initial registration fee for each building shall be five hundred dollars
($500.00). The fee for the first renewal is one thousand five hundred dollars
($1,500.00) and the fee for the second renewal is three thousand dollars
($3,000.00). The fee for any subsequent renewal beyond the second renewal is five
thousand dollars ($5,000.00).
Vacant Property Registration Fee Schedule
Initial Registration
$500.00
First Renewal
$1,500.00
Second Renewal
$3,000.00
Subsequent Renewal
$5,000.00
6.
Requirements of Owners of Vacant/Abandoned Properties
The owner of any building that has become vacant/abandoned property, and any person
maintaining or operating or collecting rent for any such building that has become
vacant shall, within thirty (30) days thereof:
1. 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
2. Post a sign affixed to the building indicating the name, address and telephone
number of the owner, the owner’s authorized agent for the purpose of service of
process, and the person responsible for day-to-day supervision and management
of the building, if such person is different from the owner holding title or
4
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 (8) inches by ten (10) inches; and
3. 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 completed; and
4. Ensure that the exterior grounds of the structure, including yards, fences,
sidewalks, walkways, right-of-ways, 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
5. 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, demolished, or until
repair and/or rehabilitation of the building is complete.
7.
Violations
a) Any person who violates any provision of this Article or the rules and
regulations issued hereunder shall be fined not less than $100.00 and not more
than $1,000.00 for each offense. Every day that a violation continues shall
constitute a separate and distinct offense. Fines assessed under this chapter
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 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 Ordinance.
SECTION 1 Repealer. All former Ordinances of the Township of Downe which are in
conflict with the provisions contained in this Ordinance are hereby repealed upon the
adoption of this Ordinance.
SECTION 2 Severability. If any part or parts of this Ordinance are held to be
invalid for any reason such decision shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 3 This Ordinance shall take effect after final approval and publication as
required by law.
DATE: July 11, 2016
BY: _________________________
_________________________
Robert Campbell, Mayor
Nadine Lockley, Acting Clerk
5
TOWNSHIP OF DOWNE
CUMBERLAND COUNTY, NEW JERSEY
RECORD FOR ORDINANCE # 2016-8
Introduce Ordinance on First Reading
Motion: COOK
Second: JORDAN
ROLL CALL
YES NO
ABSTAIN
ABSENT
Jordan, Sr., L.
X
Byrne, S.
X
Cook, D.
X
Bart, E.
X
Campbell, R.
X
Introduce Ordinance/First Reading Date: Monday, July 11, 2016
Ordinance Published: July 17, 2016
Ordinance Posted: Tuesday, July 12, 2016
Public Hearing / Second Reading Date: Monday, August 1, 2016
Adopt Ordinance
Motion: JORDAN
Second: COOK
ROLL CALL
YES NO
ABSTAIN
ABSENT
Jordan, Sr., L.
X
Byrne, S.
X
Cook, D.
X
Bart, E.
X
Campbell, R.
X
Final Adoption Date: August 1, 2016
Notice of Final Passage Published: August 5, 2016
Notice of Final Passage Posted: August 2, 2016
___________________________
_____________________________
Date
Nadine Lockley, Acting Clerk
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Nadine Lockley
Acting Clerk
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Apr 1, 2026
Last Info Update
Apr 1, 2026
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