ASSEMBLY, No. 4610

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 18, 2018

 


 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Permits municipalities to require registration of vacant and abandoned properties and use registration fee proceeds to maintain these properties.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the registration and maintenance of vacant and abandoned property, supplementing Title 40 of the Revised Statutes, and amending N.J.S.40A:4-39.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)  a.  A municipality may adopt an ordinance requiring an owner of a vacant and abandoned property located within the municipality to register the property with the clerk of the municipality.

     b.    The ordinance may establish a fee for an initial registration for a vacant and abandoned property, and escalating annual renewal fees for a registered property that remains vacant and abandoned, provided that any fees established pursuant to this subsection are no greater than necessary to administer a program established pursuant to subsection d. of this section.

     c.     The ordinance may establish penalties for violations of the registration requirements of the ordinance.

     d.    A municipality may use the proceeds of any fees or fines collected under the ordinance to establish and administer a program supporting the care, maintenance, security, upkeep, and registration of vacant and abandoned properties located within the municipality and shall be included in the budget of the municipality as dedicated revenues anticipated as revenue and appropriated for those purposes pursuant to N.J.S.40A:4-39.

 

     2.    N.J.S.40A:4-39 is amended to read as follows:

     40A:4-39.   a.  In the budget of any local unit, dedicated revenues anticipated during the fiscal year from any dog tax, dog license, revenues collected pursuant to N.J.S.18A:39-1.2, revenues collected pursuant to section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), solid fuel license, sinking fund for term bonds, bequest, escheat, federal grant, motor vehicle fine dedicated to road repairs, relocation costs deposited into a revolving relocation assistance fund established pursuant to section 2 of P.L.1987, c.98 (C.20:4-4.1a), fee revenues collected in connection with recreation programs operated pursuant to section 2 of P.L.1999, c.292 (C.40:48-2.56), receipts from franchise assessments levied pursuant to section 4 of P.L.1995, c.173 (C.40A:12A-53) to be retained by the municipality, refund payments from a joint insurance fund deposited into a joint insurance revolving fund established pursuant to section 12 of P.L.1996, c.113 (C.40A:10-36.2), fee revenues collected in connection with the "Attorney Identification Card Program" pursuant to section 1 of P.L.2009, c.11 (C.40A:4-22.2), fee revenues imposed on delinquent amounts owed to the county or municipality and collected pursuant to section 37 of P.L.2000, c.126 (C.40:23-6.53) [(as amended by section 2 of P.L.2009, c.233)] or section 1 of P.L.1983, c.208 (C.40:48-5a) [(as amended by section 3 of P.L.2009, c.233)], and, subject to the prior written consent of the director, other items of like character when the revenue is not subject to reasonably accurate estimate in advance, may be included in [said] the budget by annexing to [said] the budget a statement in substantially the following form:

     "The dedicated revenues anticipated during the year ....... from ........ (here insert one or more of the sources above, as the case may be) are hereby anticipated as revenue and are hereby appropriated for the purposes to which [said] the revenue is dedicated by statute or other legal requirement."

     b.    Dedicated revenues included in accordance with this section shall be available for expenditure by the local unit as and when received in cash during the fiscal year.  The inclusion of such dedicated revenues shall be subject to the approval of the director, who may require such explanatory statements or data in connection therewith as the director deems advisable for the information and protection of the public.

(cf: P.L.2009, c.233, s.4)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would allow municipalities to require the registration of vacant and abandoned properties.  The bill would also allow municipalities that do so to impose corresponding registration fees, including escalating annual renewal fees for properties that continue to be vacant and abandoned.  Municipalities would be permitted to use the proceeds from these fees for the maintenance of vacant and abandoned properties.  This bill would clarify municipal authority to institute a vacant and abandoned property registration system, which is a critical tool to combating the many problems that these properties present for neighbors and neighborhoods.