SENATE COMMUNITY AND URBAN AFFAIRS COMMITTEE

 

STATEMENT TO

 

SENATE, No. 1155

 

STATE OF NEW JERSEY

 

DATED:  MARCH 4, 2019

 

      The Senate Community and Urban Affairs Committee reports favorably Senate Bill No. 1155.

      This bill would require the responsible party for a vacant and abandoned property to register the property with the municipality in which the property is located and would provide enforcement tools related to the maintenance of these properties.

      The bill would establish a new registration requirement for all vacant and abandoned residential and commercial properties.  A property would be considered vacant and abandoned if it is not legally occupied by a mortgagor or tenant for residential or business purposes, it cannot be legally reoccupied, and at least two conditions which indicate abandonment exist.  The title holder or mortgage lender responsible for maintaining a property pursuant to section 17 of P.L.2008, c.127 (C.46:10B-51) would be required to register the property.

      The bill would authorize municipalities to establish a fee of not more than $250 to initially register a vacant and abandoned property.  A renewal fee of not more than $500 may be established for a renewal if there is an outstanding property maintenance or code violation that remains unabated at the time of renewal, and a renewal fee of not more than $750 may be established for a subsequent renewal if there continues to be a violation or there is a new violation that remains unabated at the time of renewal.  If there is no violation on a vacant and abandoned property, the renewal fee may be no greater than $250.  If a greater fee for the registration or renewal of a vacant and abandoned property was established by a municipal ordinance adopted prior to the enactment of the bill, that greater fee may continue to be imposed and collected.

      A municipality would also be authorized to require responsible parties for vacant and abandoned properties to undertake certain protective measures regarding these properties.  Specifically, a municipality would be able to require a responsible party to enclose and secure the property against unauthorized entry, post a sign on the property with pertinent contact information, and maintain liability insurance.

      Lastly, the bill would also establish penalties for violations of any of its provisions or any ordinance adopted pursuant thereto.  Specifically, a responsible party would be liable to a penalty of not less than $500 and not more than $1,000 for a violation.  If a greater penalty for these violations was established by a municipal ordinance adopted prior to the enactment of the bill, that greater penalty may continue to be imposed and collected.  Each day that a violation continues would constitute an additional, separate, and distinct offense.  Any penalty imposed under the bill would be recoverable by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court, Law Division, in the county, or the municipal court of the municipality, in which the property is located would have jurisdiction to enforce the penalty.