CITY COUNCIL OF THE CITY OF ORANGE TOWNSHIP
PUBLIC NOTICE
Notice is hereby given that the following Ordinance was Introduced and passed on First Reading on Tuesday, October 19, 2026. The Ordinance will be further considered on Second Reading and Final Passage at the Regular Meeting of the Orange City Council to be held at City Hall, 29 North Day Street, Orange, New Jersey on Wednesday, November 4 2026 at 7:00 P.M. at which time and place all persons who may be interested therein will be given an opportunity to be heard concerning same. Information regarding remote access to the meeting may be found on the City’s website at www.orangenj.gov. and Council’s website at www.orangetwpnjcc.org. During the week prior to and up to and including the date of such meeting copies of the full ordinance will be available at no cost and during regular business hours at the Clerk’s office or on the Council’s website for the members of the general public who shall request the same.
47-2026
AN ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF ORANGE TOWNSHIP, ESSEX COUNTY, NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 156 (PROPERTY MAINTENANCE) OF THE CITY OF ORANGE TOWNSHIP MUNICIPAL CODE TO UPDATE AND EXPAND THE CITY’S OVERSIGHT OF VACANT AND ABANDONED RESIDENTIAL AND COMMERCIAL PROPERTIES.
(Sponsored by Council President Clifford R. Ross)
WHEREAS, the Abandoned Properties Rehabilitation Act (“APRA”), N.J.S.A. 55:19-78 et seq. and N.J.S.A. 55:19-54 et seq., finds that vacant and abandoned properties, particularly those in urban areas, create public health problems and diminish the quality of life for surrounding residents and businesses; and,
WHEREAS, under APRA municipalities are authorized to identify and maintain a list of vacant and abandoned properties, as well as pursue all available remedies to bring said properties into productive use; and,
WHEREAS, the Municipal Council (“Council”) of the City of Orange Township (“City”) recognizes that vacant and abandoned residential and commercial properties across the City diminish surrounding property values, discourage economic investment, reduce neighborhood stability, pose public safety risks and adversely affect the quality of life for City residents; and,
WHEREAS, the Council finds that owning real property carries a continuing responsibility to the surrounding neighborhood and the community, and payment of property taxes alone does not satisfy an owner’s obligation to responsibly secure, maintain, rehabilitate, or return a vacant and abandoned property to productive use; and,
WHEREAS, the City is too-often required to expend public funds to secure, eliminate hazards on and otherwise maintain vacant and abandoned properties, which are only recoverable through enforcement of municipal liens, and therefore, the City should have every lawful tool available to address vacant and abandoned properties that remain neglected, including without limitation the authority to regulate foreclosing creditors under N.J.S.A. 40:48-2.12s1 et seq.; and,
WHEREAS, the City’s current regulatory scheme relating to vacant and abandoned properties under Chapter 156 of the City of Orange Township Municipal Code (“Municipal Code”) does not unlock the full powers and authority available to the City under APRA and N.J.S.A. 40:48-2.12s1 et seq.; and,
WHEREAS, the Council finds that amending Chapter 156 of the Municipal Code as set forth below is necessary for the public health, safety, and welfare of the residents of the City.
NOW, THEREFORE BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF ORANGE TOWNSHIP, COUNTY OF ESSEX, STATE OF NEW JERSEY as follows:
Section 1 Amendment to Chapter 156, Article XVIII of the Municipal Code.
Part II (General Legislation), Chapter 156 (Property Maintenance), Article XVIII (Abandoned Property) of the Municipal Code, hereby renamed “Abandoned Properties”, is replaced in its entirety with the following:
§ 156-97 Findings; purpose; authority; policy.
A. This Article is adopted pursuant to the Abandoned Properties Rehabilitation Act (“APRA”), codified under N.J.S.A. 55:19-54 et seq., and N.J.S.A. 55:19-78 et seq., and shall be construed to grant the City the fullest authority as authorized therein.
B. It is the policy of the City that no abandoned property shall remain vacant, unsecured or neglected for a prolonged period without diligent rehabilitation, and the City shall pursue all lawful remedies available in order to achieve those goals. This policy creates no right, defense, safe harbor or cause of action in favor of any property owner or other person against the City.
§ 156-97.1 Definitions.
As used in this Article, the following terms have the meanings indicated:
ABANDONED PROPERTY
Any property that is determined to be abandoned pursuant to this Article and N.J.S.A. 55:19-81.
ABANDONED PROPERTIES LIST
The list of abandoned properties established and maintained by the Public Officer pursuant to Section 156-97.4 below.
INTERESTED PARTY
Any resident of the City, or any owner or operator of a business within the City, or any organization representing the interests of residents or engaged in furthering the revitalization and improvement of the neighborhood in which a property is located.
LEGALLY OCCUPIED
Occupied or used in conformity with applicable zoning, building, fire, health and property maintenance laws and regulations, including without limitation a valid Certificate of Occupancy and/or Certificate of Habitability where required.
LIENHOLDER or MORTGAGE HOLDER
Any person or entity holding a note, mortgage, or other interest secured by a property or any part thereof.
OWNER
The holder or holders of title to a property, and any agent of the title holder having authority to act with respect to the property.
PROPERTY
Any building or structure and the land appurtenant thereto. This term shall not include vacant lots, the maintenance of which is governed by Section 156-13A above and other applicable provisions of this Chapter.
PUBLIC OFFICER
The person designated or appointed pursuant to Section 156-65 above, or that person’s designee.
QUALIFIED REHABILITATION ENTITY
An entity organized or authorized to do business under the laws of the State of New Jersey, with one of its purposes being the construction of new or rehabilitation of existing residential and/or nonresidential buildings, development of affordable housing, restoration of abandoned properties, revitalization of urban neighborhoods or similar purpose, and which shall be well qualified by virtue of its staff, professional consultants, financial resources and prior activities set forth in APRA to rehabilitate vacant buildings in urban areas.
§ 156-97.2 Abandoned property criteria; exceptions.
A. Except as provided in Subsection B below, any property that has not been legally occupied for at least 6 months, may be deemed abandoned by the Public Officer upon a written determination that the property meets any 1 of the following criteria:
(1) The property needs rehabilitation in the Public Officer’s reasonable judgment, but none took place during that 6-month period;
(2) Construction was initiated on the property but discontinued prior to completion, and no construction has taken place for at least 6 months prior to the Public Officer’s determination, leaving the building unsuitable for occupancy;
(3) At least 1 quarterly property tax installment remains unpaid and delinquent on the property as of the date of the Public Officer’s determination; or,
(4) The property was determined to be a nuisance by the Public Officer pursuant to Section 156-97.3 below.
B. In accordance with N.J.S.A. 55:19-83:
(1) If an entity other than the City purchases or takes assignment from the City of a tax sale certificate on an unoccupied property, the property shall not be deemed abandoned if the certificate holder:
(a) has continued to pay all municipal taxes and liens on the property in the tax year when due; and,
(b) initiates foreclosure proceedings within 6 months after the property becomes eligible;
(2) A property used on a seasonal basis shall be deemed abandoned only if it meets any 2 of the criteria in Subsection A(1) through (4) above; and,
(3) A determination that a property is abandoned property under this Article is not a finding that the use of the property has been abandoned for purposes of land use regulation.
C. In accordance with N.J.S.A. 55:19-55(b), a property shall not be included on the abandoned properties list if rehabilitation is being performed in a timely manner, as evidenced by building permits issued and diligent pursuit of the rehabilitation work authorized by those permits. For purposes of this Article, “diligent pursuit” means that:
(1) the permits are active and have not expired or been revoked;
(2) authorized work commenced within 60 days after permit issuance;
(3) inspections demonstrating progress were requested and passed at intervals not exceeding 90 days; and,
(4) the owner furnished a written status report upon the Public Officer’s request.
The Public Officer may extend these intervals upon written documentation that delay was caused by circumstances outside the owner’s control. The existence of a plan, proposal, estimate or application, without issued permits and diligent pursuit of authorized work, does not satisfy this Subsection.
D. This Article applies to buildings and structures of any type, without regard to their prior use.
§ 156-97.3 Nuisance determination.
A. A property may be determined to be a nuisance by the Public Officer if:
(1) The property was found to be unfit for human habitation, occupancy, or use pursuant to N.J.S.A. 40:48-2.3 and Article XIII of this Chapter;
(2) The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties;
(3) The property is subject to unauthorized entry leading to potential health and safety hazards, and the owner has failed to take reasonable and necessary measures to secure the property, or the City has secured the property to prevent such hazards after the owner failed to do so;
(4) The presence of vermin or the accumulation of debris, uncut vegetation, or physical deterioration of the structure or grounds has created potential health and safety hazards, and the owner has failed to take reasonable and necessary measures to remove the hazards; or,
(5) The dilapidated appearance or other condition of the property materially affects the welfare, including the economic welfare, of the residents of the area in close proximity to the property, and the owner has failed to take reasonable and necessary measures to remedy the conditions.
B. A nuisance determination under Subsection A(2) through (5) shall be made following the notification procedures set forth in N.J.S.A. 40:48-2.3 et seq. and Article XIII of this Chapter.
§ 156-97.4 Identifying abandoned properties; abandoned properties list.
A. The Public Officer is directed to identify abandoned properties throughout the City and to establish and maintain the abandoned properties list. The Municipal Council may, by resolution, designate particular areas of the City in which identification is to be prioritized, but no such resolution limits the Public Officer’s authority elsewhere in the City.
B. Each abandoned property shall be identified by tax block and lot number, the name of the owner of record, if known, and the street address of the lot.
C. The Public Officer may add a property to the list at any time upon a written determination, supported by a file documenting the factual basis for the determination (including inspection reports, photographs, utility and occupancy records, permit history and tax records). The Public Officer may delete a property from the list at any time when the Public Officer finds that the property no longer meets the definition of abandoned property.
D. In carrying out this Article, the Public Officer shall coordinate with the Tax Collector, Construction Official, Fire Official, Health Officer, Police Department and other City departments, each of which shall furnish relevant information upon request.
E. The Public Officer shall adopt written procedures under Section 156-109 below for the intake, documentation, and review of properties under this Article.
§ 156-97.5 Notice.
A. Within 10 days of establishing the abandoned properties list, or of adding any property to it, the Public Officer shall:
(1) send notice, by certified mail, return receipt requested, and by regular mail, to the owner of record of every property included on the list;
(2) cause the list or addition thereon, to be published in the official newspaper of the City, which publication shall constitute public notice; and,
(3) in consultation with the Tax Collector, send notice by regular mail to any mortgagee, servicing organization, or property tax processing organization that receives a duplicate copy of the tax bill pursuant to N.J.S.A. 54:4-64(d).
B. When the owner of record is not known and cannot be ascertained by the exercise of reasonable diligence by the Tax Collector, notice shall not be mailed but shall instead be posted on the property in accordance with N.J.S.A. 40:48-2.7.
C. The mailed or posted notice shall:
(1) identify the owner of record, if known, as well as the tax block, lot, and street address;
(2) state the factual basis for the Public Officer’s finding, specifying the information relied upon; and,
(3) shall advise the owner of the right to appeal, the deadlines, the manner of filing, the presumption stated in Section 156-97.6 below, and the effect of inclusion on the abandoned properties list.
D. In all cases, a copy of the mailed or posted notice shall be filed by the Public Officer in the Office of the Essex County Register of Deeds and Mortgages. The filing shall have the same force and effect as a notice of lis pendens under N.J.S.A. 2A:15-6, and shall be indexed by the name of the property owner as defendant and the City as plaintiff.
§ 156-97.6 Appeal.
A. An owner or lienholder may challenge the inclusion of a property on the abandoned properties list by appealing to the Public Officer within 30 days of the owner receiving the certified notice, or 40 days from the date the notice was sent, whichever is later. An owner whose identity is not known to the Public Officer shall have 40 days from the later of the date of publication or posting of the notice. The Public Officer may accept a late filing upon a showing of good cause.
B. Within 30 days of receiving a request for appeal, the Public Officer shall schedule a hearing for redetermination. Any property included on the abandoned properties list is presumed to be abandoned unless the owner demonstrates that the property was erroneously included through an affidavit or certification averring that the property is not abandoned, which shall be accompanied by supporting documentation, such as photographs, repair invoices, bills and/or construction contracts.
C. The sole ground for appeal is that the property is not an abandoned property as defined herein.
D. The Public Officer shall decide any timely appeal within 10 days of the hearing and shall promptly notify the owner of the decision and the reasons therefor by regular and certified mail, return receipt requested.
E. The owner may challenge an adverse determination on appeal by commencing a summary proceeding in the Superior Court, Law Division, Essex County in accordance with applicable procedural rules, which shall be heard by the Court de novo. The owner shall file said action not later than 20 days after the date of the Public Officer’s decision, and failure to do so timely shall be a jurisdictional bar except that the Court may extend the deadline for good cause shown. The sole ground for challenging an adverse determination by the Public Officer on appeal is that the property is not an abandoned property as defined herein.
F. The Public Officer shall promptly remove from the abandoned properties list, any property determined on appeal not to be abandoned.
§ 156-97.7 Effect of inclusion on abandoned properties list; removal.
A. In accordance with N.J.S.A. 55:19-55(h), the abandoned properties list shall become effective, and the City shall have the right to pursue any legal remedy with respect to properties on said list, when any single property has been placed on the list in accordance with this Article, upon the expiration of the period for appeal with respect to that property or upon the denial of an appeal brought by the owner.
B. An owner may petition the Public Officer for removal of a property from the abandoned properties list by demonstrating that the conditions that rendered the property abandoned were fully remediated, including legal re-occupancy or completion of rehabilitation evidenced by a Certificate of Occupancy, and payment of all delinquent taxes and municipal liens. The Public Officer shall decide the petition in writing within 30 days of receiving the petition. Where the owner is actively engaged in remediation, evidenced by permits and diligent pursuit as defined in Section 156-97.2(C), the Public Officer may defer action on the petition for not more 120 days.
C. A property on which an entity other than the City has purchased or taken assignment of a tax sale certificate from the City shall be removed from the abandoned properties list pursuant to N.J.S.A. 55:19-103.
§ 156-97.8 Reports to the Municipal Council.
Beginning 180 days after the effective date of this Article, and every 180 days thereafter, the Public Officer shall submit to the Municipal Council, through the Business Administrator, a written report that includes:
A. The number of properties inspected, evaluated and determined to be abandoned during the period, and the number of properties that have been vacant for 12 months or longer in aggregate; and,
B. Block, lot, street address and owner of record for each property added to the abandoned properties list during said period, along with the date added, and hearing/appeal status; and,
C. The length of time each such property has been unoccupied; and,
D. Outstanding property maintenance violations, municipal liens and unpaid fines and fees relating to each such property; and,
E. Enforcement actions taken and remedies pursued during the period, including violations issued, abatement work performed by the City, any fees collected, possession actions, special tax sales, and/or foreclosure actions; and,
F. The rehabilitation or redevelopment status of each such property; and,
G. Recommendations for additional enforcement or legislative action.
Properties that are under investigation or that have not yet been added to the abandoned properties list shall only be reported in aggregate, without identifying the property or owner. Information exempt from disclosure under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., or otherwise privileged, including active investigative material and attorney-client communications, shall not be included. A report under this Section is an administrative report to the Municipal Council, and is not a determination of any property’s abandoned status, and has no legal effect on any property or owner.
§ 156-98 Action for possession or receivership.
A. Upon authorization by resolution of the Municipal Council, the City may bring a summary or other action in the Superior Court, Essex County, under N.J.S.A. 55:19-84 et seq., to transfer possession and control of abandoned property in need of rehabilitation to the City. The procedures, rights, and obligations set forth in N.J.S.A. 55:19-84 et seq. are incorporated herein by reference, including:
(1) Service of a notice of intention to take possession on the owner and interested parties, in the form and with the content required by N.J.S.A. 55:19-86(b), at least 30 days before filing the complaint;
(2) A complaint filed with the Court showing that the property is on the abandoned properties list, or a certification by the Public Officer that the property is abandoned, together with a statement by an individual holding appropriate professional qualifications that there are sound reasons that the building should be rehabilitated rather than demolished in accordance with N.J.S.A. 55:19-85; and,
(3) A notice of lis pendens recorded in the Office of the Essex County Register of Deeds and Mortgages 10 days after filing the complaint pursuant to N.J.S.A. 55:19-86(a).
B. A property’s owner may defend against the complaint by submitting a plan for rehabilitation and reuse that complies with N.J.S.A. 55:19-87(b), including without limitation, a financial feasibility analysis, budget with sources and uses of funds, timetable with milestones, and documentation of the qualifications of those who will perform the work. The owner must also post a bond equal to 125% of the projected cost of rehabilitation as determined by the Public Officer or the Court. If the Court approves the owner’s plan, the Public Officer shall serve as monitor, with all costs associated therewith being billed to and paid by the owner. The owner shall provide quarterly reports to the City and the Court as directed. If the owner fails to carry out any step of the approved plan, the City may apply to the Court for forfeiture of the bond and transfer of possession of the property to the City.
C. If the owner does not successfully defend an action filed by the City under this Section, a lienholder or mortgage holder may seek to be designated in possession by submitting a plan and bond meeting the requirements set forth under Subsection (B) above. If no lienholder or mortgage intervenes, the City shall submit a plan designating an entity to implement it, which may be the City or a qualified rehabilitation entity designated by resolution of the Municipal Council pursuant to N.J.S.A. 55:19-90.
D. If granted possession, the City or a qualified rehabilitation entity designated by resolution of the Municipal Council, shall maintain, safeguard and insure the property as required by N.J.S.A. 55:19-90 and N.J.S.A. 55:19-91. The owner shall not be relieved of taxes, liens, or any civil or criminal liability as provided in APRA or any other applicable law or regulation. An owner may petition the Court for reinstatement of control in accordance with N.J.S.A. 55:19-92 through N.J.S.A. 55:19-94. Any sale of the property and distribution of proceeds shall be in accordance with N.J.S.A. 55:19-95 through 55:19-97, and any lien for costs shall be governed by N.J.S.A. 55:19-98.
E. All costs incurred by the City to secure, stabilize, clean, board, demolish or otherwise abate conditions at a property under this Chapter or APRA shall be charged to the owner and shall constitute a lien on the property to the extent, and with the priority provided in Section 156-84, N.J.S.A. 40:48-2.3 et seq., and N.J.S.A. 55:19-98.
F. Nothing in this Article shall be construed to limit the City’s authority under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., the acquisition and eminent domain provisions of N.J.S.A. 55:19-56 and N.J.S.A. 55:19-102, the Tax Sale Law, N.J.S.A. 54:5-1 et seq., or Articles XIII and XXI of this Chapter.
§ 156-98.1 Settlement rehabilitation agreements.
A. At any time, the Public Officer may meet with the owner of a property that is or may become subject to this Article, and may enter into a written settlement rehabilitation agreement modeled on N.J.S.A. 55:19-87(b), setting forth permits to be obtained, milestones, financing, and the qualifications of the persons performing the work.
B. A settlement rehabilitation agreement considered by the Public Officer and the Municipal Council in exercising discretion under this Article shall not: constitute a rehabilitation plan or bond under Section 156-98(B) above; extend any deadline established by statute or this Chapter; bar placement of a property on the abandoned properties list; or, create any vested right, estoppel, or entitlement to the owner.
§ 156-98.2 Special tax sales.
Pursuant to N.J.S.A. 55:19-101, the City may hold special tax sales of properties that are eligible for tax sale under N.J.S.A. 54:5-19 and also on the abandoned properties list. If the City chooses to hold a special tax sale under this Section, the Municipal Council shall adopt a resolution establishing the criteria for eligibility to bid at each such sale, which may incorporate those listed under N.J.S.A. 55:19-101(a)-(f), including documentation of the bidder’s ability and commitment to rehabilitate or reuse the property, commitments to foreclose by a date certain, minimum bids, bid packages, and reversion and forfeiture provisions.
§ 156-98.3 Enforcement; discretion; cumulative remedies.
A. The remedies in this Article are cumulative with, and not in lieu of, any other remedy available to the City under any law.
B. The Public Officer and the City Attorney shall evaluate properties subject to this Article and shall, in the exercise of their sound discretion and subject to available resources, pursue those remedies that are legally appropriate. This Article does not create a duty enforceable by any private party.
C. Nothing in this Article shall deprive any owner of due process or of any right under the Constitution of the United States, the New Jersey Constitution, or any other law or regulation.
Section 2 Amendment to Chapter 156, Article XXI of the Municipal Code.
Part II (General Legislation), Chapter 156 (Property Maintenance), Article XXI (Vacant Properties, Registration) of the Municipal Code, as amended, is hereby further amended as follows:
§ 156-102 Definitions.
OWNER
The title holder, any agent of the title holder having authority to act with respect to a vacant property, {any foreclosing entity that has filed a notice with the Municipal Clerk pursuant to the provisions of N.J.S.A. 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 City{ of Orange Township} to have authority to act with respect to the property. A creditor governed by Article XXII of this Chapter shall not be subject to this Article, except to the extent the creditor holds title to the property.
PUBLIC OFFICER
The Public Officer designated under Section 156-65 above.
VACANT PROPERTY
A. Any building or structure which is not legally occupied or at which all lawful business or construction operations or residential occupancy have substantially 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 vacant property {in}under N.J.S.A. 55:19-80; provided, however, that any property where all building systems are in working order, {where}and the building and grounds are maintained in good order, {and which}that is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property {for purposes of this Article.}during the first 12 months in which it is unoccupied; or,
B. Any building or structure that has not been legally occupied for 12 or more consecutive months, regardless of its condition or whether it is being marketed for sale or rental.
C. The following are not considered vacant properties under this Article:
(1) a property with all building systems operational and the building and grounds maintained in good order, during the first 12 months the property is unoccupied provided it is being actively marketed by its owner for sale or rental;
(2) an individual dwelling unit in an otherwise legally-occupied building that is vacant for not more than 90 days between tenancies; or,
(3) a building under active rehabilitation pursuant to issued permits and diligent pursuit as defined in Section 156-97.2(C) above for as long as those conditions continue.
§ 156-103 Registration required.
. . . .
F. Any owner of {a} vacant property who plans to restore the property to productive use and occupancy during the {twelve}12-month period following the date of the initial registration of the property shall file a detailed statement of the owner’s plans for restoration of the property, including the permits to be obtained and a schedule, with the registration statement and shall be exempt from payment of the registration fee, but shall comply with all other provisions of this Article, and shall be subject to the municipal cost reimbursement requirements of Section 156-106(C) of this Article. {In}The waiver shall be forfeited, and the {event that }owner shall be liable for the fee waived, if the property has not been restored to productive use and occupancy at the end of the {twelve- }12-month period, {the owner shall be liable }or permits for {any fee waived. }the restoration work have not been issued and diligently pursued, as defined in Section 156-97.2(C) above, within 6 months after registration. The Public Officer may extend the waiver of the registration fee for not more than {one (}1{)} additional year in response to a written request by the property owner where the Public Officer finds that compelling conditions outside the owner’s control made it impossible for the owner to restore the property within the initial {twelve}12-month period.
. . . .
§ 156-103.1 Identification and notice.
The Public Officer shall identify properties that appear to be vacant properties and may send written notice to the owner directing registration within 10 days of receipt as provided in Section 156-103(A) above. Registration under this Article does not preclude a determination that the property is an abandoned property under Article XVIII of this Chapter, and any information provided (or not provided) in a registration statement may be considered in that determination. Owners of buildings that become vacant properties solely by reason of the any amendment of Section 156-102 above shall register within 60 days after the effective date of that amendment.
. . . .
§ 156-106 Fees.
The registration and renewal fee for each {building}vacant property shall be as follows:
Initial registration ${250}1,000 or prorated amount per Section 156-103(D) of this Article
First renewal ${500}2,500
Second renewal ${1000}5,000
Any subsequent renewal ${2500}10,000
. . . .
§ 156-107.1 Abatement by the City.
If an owner fails to comply with Section 156-107 after 10 days’ written notice (or upon such shorter notice as deemed reasonable by the Public Officer where the condition presents an imminent hazard to public health or safety), the Public Officer may cause the required work to be performed, the cost of which shall be charged to the owner and collected as provided in Sections 156-67 and 156-84 above, and applicable law.
§ 156-108 Insurance requirements.
The owner of any vacant property shall acquire or otherwise maintain liability insurance, in an amount of not less than {three hundred thousand dollars ($300,000.)}$1,000,000 per occurrence for buildings designed primarily for use as residential units and not less than {one million dollars (}${1}5,000,000 per occurrence{.)} for any other building, including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. Any insurance policy acquired or renewed after the building has become vacant shall provide for written notice to the Public Officer within {thirty (}30{)} days of any lapse, cancellation or change in coverage. The owner shall attach evidence of the insurance to the owner’s registration statement. Any registration statement submitted that does not include such evidence shall not be deemed to be a valid registration.
. . . .
§ 156-110 Violations and penalties.
A. Any person who violates any provision of this ordinance or of the rules and regulations issued hereunder shall be fined not less than {five hundred dollars (}$1,000{500.)} for the first offense, not less than $2,500 for the second offense, not less than $5,000 for the third offense, and not {more}less than {one thousand dollars (}$10,000{.)} for each subsequent offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this Article shall be recoverable from the owner and shall be a lien on the property.
B. {For purposes of this Article,}The following shall be deemed to be violations of this Article: failure to file a registration statement within {thirty (}30{)} days after a building becomes a vacant property{ or}; failure to file a registration statement within {thirty (}30{)} days after assuming ownership of a vacant property{, whichever is later, or}; failure to file a registration statement within {ten (}10{)} days of receipt of notice {by}from the {municipality}City;{, or} failure to provide correct information on the registration statement;{, or} failure to comply with the provisions of Sections 156-107 or 156-108 of this Article; or such other matters as may be established by the rules and regulations of the Public Officer{ shall be deemed to be violations of this Article}.
Section 3 Addition of Chapter 156, Article XXII to the Municipal Code.
Part II (General Legislation), Chapter 156 (Property Maintenance) of the Municipal Code, as amended, is hereby further amended to add the following Article XXII (Foreclosure Creditor Registration):
§ 156-111 Authority; purpose.
This Article is adopted pursuant to N.J.S.A. 40:48-2.12s1 et seq., including N.J.S.A. 40:48-2.12s3, to establish a property registration program for the purpose of identifying and monitoring residential and commercial properties for which a summons and complaint in an action to foreclose on a mortgage has been filed, and to regulate the care, maintenance, security, and upkeep of the exterior of such properties that are vacant and abandoned.
§ 156-112 Definitions.
CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose changes by assignment, transfer, or otherwise after filing, the new entity is the creditor. The term does not include the State, a political subdivision of the State, a State, county, or local government entity, or their agent or assignee.
VACANT AND ABANDONED
A property that is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, because of the presence or finding of at least 2 of the following: (a) overgrown or neglected vegetation; (b) accumulation of newspapers, circulars, flyers, or mail; (c) disconnected gas, electric, or water utility services; (d) accumulation of hazardous, noxious, or unhealthy substances or materials; (e) accumulation of junk, litter, trash, or debris; (f) absence of window treatments such as blinds, curtains, or shutters; (g) absence of furnishings and personal items; (h) statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned; (i) windows or entrances that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired; (j) doors that are smashed through, broken off, unhinged, or continuously unlocked; (k) a risk to the health, safety, or welfare of the public or adjoining property owners due to vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property; (l) an uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order declaring the property unfit for occupancy and to remain vacant; (m) the mortgagee or other authorized party has secured or winterized the property due to its being deemed vacant and unprotected or in danger of freezing; (n) a written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or, (o) any other reasonable indicia of abandonment.
§ 156-113 Registration.
A. In addition to the notice required by N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2, a creditor filing a summons and complaint in an action to foreclose on a residential or commercial property in the City shall register the property with the Public Officer, as a property in foreclosure, within 10 days of that notice, on forms provided by the Public Officer. Creditors with foreclosure actions pending on the effective date of this Article shall register within 60 days thereafter.
B. The registration shall provide: the creditor information required by N.J.S.A. 46:10B-51(a)(1) or N.J.S.A. 40:48-2.12s2(a)(1); the date the summons and complaint was filed, the court, and the docket number; whether the property is vacant and abandoned under Section 156-112; and, for an out-of-State creditor, the name, in-State address, and 24-hour telephone number of an in-State representative or agent appointed to act for the creditor.
C. The creditor shall update the registration within 10 days of any change in the name, address, or telephone number of its representative, agent, or individual authorized to accept service, and within 10 days after the property becomes vacant and abandoned.
§ 156-114 Maintenance, security, and insurance.
A. A creditor shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while it is registered, including keeping the grounds, yards, walks, and driveways free of trash, debris, and overgrowth, and securing the property against unauthorized entry.
B. The creditor shall post a sign affixed to the inside of the property, visible to the public, indicating the name, address, and telephone number of the creditor or its in-State representative or agent for the purpose of receiving service of process.
C. The creditor shall acquire and maintain a vacancy policy of liability insurance covering damage to any person or property caused by any physical condition of the property while registered, in amounts not less than those stated in Section 156-108.
§ 156-115 Fees.
A. An initial registration fee of $2,500 shall be paid for each property registered because a summons and complaint in an action to foreclose was filed by the creditor, which shall reimburse the City for legal review and related costs associated with the filing. The initial fee shall be due within 10 days of the the creditor filing a foreclosure complaint.
B. On January 1 of each year while a foreclosure action is pending, an annual fee of $1,000 shall be paid by the creditor for each affected property.
B. An additional annual fee of $4,000 shall be paid for each property that is vacant and abandoned when the foreclosure complaint is filed or that becomes vacant and abandoned at any time thereafter while the foreclosure action is pending. This additional dee shall be due within 10 days of the registration or update reflecting that status and annually thereafter.
C. Fees and fines are municipal charges under the Tax Sale Law, N.J.S.A. 54:5-1 et seq., and bear interest and penalties at the rate fixed by law for late payment of taxes and municipal charges. No less than 20% of all fines collected under this Article shall be used to fund municipal property maintenance violation enforcement.
§ 156-116 Notice of violation; correction.
If the Public Officer or other authorized official determines that a creditor has violated this Article, a notice of violation shall be issued to the creditor. For a failure to provide care, maintenance, security, and upkeep of the exterior of a vacant and abandoned property, the notice shall require correction within thirty (30) days of receipt, or within ten (10) days of receipt if the violation presents an imminent threat to public health and safety.
§ 156-117 Penalties.
A. An out-of-State creditor found by the Municipal Court or another court of competent jurisdiction to have failed to appoint an in-State representative or agent shall be fined no less than $10,000 for each day of the violation, commencing on the 1st day after expiration of the 10-day period for notice to the City Clerk under N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2.
B. Any other creditor found to be in violation of this Article shall be fined $2,000 for each day of the violation, commencing on the 31st day after receipt of the notice of violation, or the 11th day after receipt if the violation presents an imminent risk to public health and safety.
§ 156-118 Administration.
The Public Officer shall administer this Article and may issue rules under Section 156-109 above. The City may contract with a private entity, or enter into a shared services or other agreement in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., N.J.S.A. 40:48-2.12s3(d), and Section 4-32(B) above to assist in administering the registration program, and fees collected by such an entity shall be paid over to the City as provided by law or other agreement.
Section 4 Severability of Ordinance Provisions.
Each Section of this Ordinance is an independent Section and any part hereof found unconstitutional, void or ineffective for any cause shall not affect the validity or constitutionality of any other parts hereof.
Section 5 Conflicts and Inconsistencies.
All other Ordinances and parts of Ordinances that conflict or are inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency.
Section 6 Effective Date.
Following final passage, this Ordinance shall take effect upon the expiration of 20 days after publication, unless otherwise provided by the Municipal Council.
PURPOSE: To update and restructure the City’s vacant and abandoned properties enforcement scheme.
FISCAL IMPACT: No negative fiscal impact.
Trisha A. Scipio
Acting Municipal Clerk
A complete copy of this ordinance has been posted on the City (www.orangenj.gov) and Council website (http://orangetwpnjcc.org).