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AN ORDINANCE TO AMEND TITLE II, ADMINISTRATION, CHAPTER 10, DEPARTMENT OF ECONOMIC AND HOUSING DEVELOPMENT, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, TO DEFINE VACANT LOT, CLARIFY VARIOUS DEFINITIONS, AND ESTABLISH REGISTRATION REQUIREMENTS AND FEE SCHEDULES FOR VACANT LOT(S).
Deferred 6PSF-c 080724
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WHEREAS, on June 2, 2011, the Municipal Council adopted Ordinance 6PSF-a, amending Title II, Administration, Chapter 10, Department of Economic Development and Housing Development to add new Section 2:10-1.4E, incorrectly referenced as 2:10-1.4D, governing the maintenance of vacant properties in the City of Newark (the “City”), establishing registration requirements and levying registration fees on owners of vacant properties; and
WHEREAS, on March 18, 2015, the Municipal Council adopted Ordinance 6PSF-b to amend Title II, Chapter 10, Article 1.4E, to change all responsibilities of vacant property registration from the Rent Regulation Officer to the Deputy Mayor/Director of the Department of Economic and Housing Development or his/her designee; and
WHEREAS, on October 19, 2022, the Municipal Council adopted Ordinance 6PSF-a, to further amend Title II, Chapter 10, Article 1.4E, to add registration fees and violations for commercial units, increase the registration fees and violation fines for residential units, and add regulations on the registration of foreclosed mortgage properties; and
WHEREAS, on April 10, 2024, the Municipal Council adopted Ordinance 6PSF-e, to further amend Title II, Chapter 10, Article 1.4G, Registration of Foreclosure Mortgage Properties, Section 1.4G.1, to clarify definition of Vacant and Abandoned, and Section 1.4G.2, to increase registration fees; and
WHEREAS, the City desires to protect the public health, safety, and welfare of the citizens of the City of Newark and maintain a high quality of life for the citizens of the City through the maintenance of structures and properties in the City; and
WHEREAS, the City has a vested interest in protecting neighborhoods against decay caused by Abandoned Property to include vacant lots and concludes that it is in the best interests of the health, safety, and welfare of its citizens and residents to impose registration requirements within the City to discourage Abandoned Property; and
WHEREAS, pursuant to N.J.S.A. 40:48-2, the City is authorized to enact and amend ordinances as deemed necessary for the preservation of the public health, safety and welfare and as may be necessary to carry into effect the powers and duties conferred and imposed upon the City of Newark by law.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown in Bold and Underlined. Deletions are shown in Strikeouts.
SECTION 1: Title II, Administration, Chapter 10, Department of Economic and Housing Development , of the Revised General Ordinances of the City of Newark, New Jersey, 2000, is amended and supplemented as follows:
Chapter 10, Department of Economic Housing and Development.
§2:10-1.4E.1 Definitions.
“ABANDONED” or “VACANT” shall refer to any Property and/or Commercial Unit, and/or Vacant Lot which becomes Dilapidated, Deteriorated, Decayed or Unattractive, or Partially Dilapidated, Deteriorated, Decayed or Unattractive, from any cause, and which is not legally occupied by a mortgagor or tenant 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, and at which at least two of the following conditions exist:
(1) Overgrown or neglected vegetation;
(2) The accumulation of newspapers, circulars, flyers, or mail on the property;
(3) Disconnected gas, electric, or water utility services to the property;
(4) The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
(5) The accumulation of junk, litter, trash, or debris on the property;
(6) The absence of window treatments such as blinds, curtains, or shutters;
(7) The absence of furnishings and personal items;
(8) Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
(9) Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
(10) Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
(11) A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
(12) An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
(13) The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
(14) A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
(15) Any other reasonable indicia of abandonment.
Any Property that contains all building systems in working order and is being actively marketed by its owner for sale or rental, shall not be deemed Vacant. Property determined to Abandoned or Vacant shall be construed in accordance with the meaning of "abandoned property" in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., and shall also be deemed to be Vacant Property for the purposes of this section.
“PROPERTY” shall mean any vacant lot, real property, building or structure, or any part or parts thereof, commercial or otherwise, within the City of Newark, whether or not owner occupied, and whether or not one or more than one floor or level is unoccupied while one or more than one floor or level is occupied either for commercial or residential use.
VACANT LOT shall be defined as a platted or unplatted parcel of land, which does not contain a habitable or commercial structure.
§2:10-1.4E.2. General Requirements.
a. Effective August 1, 2011, the Owner of any Vacant Property (Residential and/or Commercial) and/or Vacant Lot as defined herein shall within thirty (30) days after the building becomes vacant property or within thirty (30) days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such Vacant Property with the Deputy Mayor/Director of the Department of Economic and Housing Development or his/her designee on forms provided by that the Deputy Mayor/Director of the Department of Economic and Housing Development or his/her designee for such purposes. The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building remains Vacant property and shall pay a registration or renewal fee in the amount prescribed in Sections 2:10-1.4E.4A and 2:10-1.4E.4B of this Article 4 for each Vacant Property registered.
b. Any Owner of any building that meets the definition of Vacant Property, which includes Vacant Lot prior to October 1, 2022, shall file a registration statement for that Property on or before October 30, 2022. The registration statement shall include the information required under Section 2:10-1.4E.3 of this Article 4, as well as any additional information that the Deputy Mayor/Director of the Department of Economic and Housing Development or his/her designee may reasonably require.
§2:10-1.4E.4C. Vacant Lot Fee Schedule.
The initial registration fee for each Vacant Lot shall be $0.50 per square foot (sq. ft.). The fee for the first renewal shall be $1.00 per sq. ft. The fee for the second renewal shall be $1.50 per sq. ft. The fee for any subsequent renewals shall be $2.00 per sq. ft. The renewal fee for the annual registration shall be due on the yearly anniversary of the initial registration. The registration fee will not be prorated or refunded.
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Vacant Lot Registration Fee Schedule |
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YEAR |
Price per sq. ft. |
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Initial Registration |
$0.50 |
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First Renewal |
$1.00 |
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Second Renewal |
$1.50 |
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Any Subsequent Renewal |
$2.00 |
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|
|
§2:10-1.4E.7. Property Inspection.
b. Vacant Lots are subject to Title XVI, Health, Sanitation and Air Pollution, Chapter 16:12, Fencing of Vacant Lots (Subsection 16:12-1- 16:12-7).
SECTION 2. All City ordinances or parts thereof inconsistent herewith are hereby repealed to the extent of their inconsistency only.
SECTION 3. If any part of this Ordinance shall be declared to be invalid or inoperative, such part shall be deemed severable and the invalidity thereof shall not affect remaining parts of this Ordinance.
SECTION 4. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
SECTION 5. Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
STATEMENT
This Ordinance amends Title II, Administration, Chapter 10, Department of Economic and Housing Development, Section 2:10-1.4E.1, Definitions; Section 2:10-1.4E.2, General Requirements; Section 2:10-1.4E.4C, Vacant Lot Fee Schedule; and Section 2:10-1.4E.7, Property Inspection.