Moorestown Granted Greater Power Over Abandoned and Vacant Properties

Moorestown Council gave the township more power over abandoned homes and vacant properties Monday night.

After making a few amendments on second reading, Moorestown Council unanimously approved an ordinance to amend township code that deals with abandoned homes and vacant properties in the township Monday night.

The ordinance includes the establishment of an abandoned properties list, an avenue to declare properties abandoned or vacant and specific guidelines on how to deal with the properties and their owners.

The biggest change was the removal of a clause that says signs must be posted alerting residents that a home has been abandoned. The removal came at the suggestion of some realtors that say posting the sign doesn’t look good for the neighborhood and may invite vandalism, Mayor Victoria Napolitano said.

Councilman Greg Newcomer said having the sign there would provide a direct line of communication between residents who have complaints about the home and the homeowner.

The list of abandoned properties will be available through the township, so signage is not needed in front of the home, Napolitano countered.

“Anyone with complaints can still call the township,” Napolitano said. “They don’t need to call the person directly.”

The removal only affects abandoned properties, not vacant properties.

Other minor edits were made to the language of the ordinance, which was approved with a 5-0 vote.

However, as he did on introduction, Newcomer suggested tabling the measure to clarify some of the wording.

Newcomer’s concerns included giving Moorestown the power to seize a vacant property and put it up for tax sale.

“Are we trying to take the property, and if so, is there a liability involved in that?” Newcomer asked.

“That’s a possibility, but a lot would go into that,” Township Solicitor Anthony Drollas said, adding it’s an option of last resort for the township. “That creates problems for us that we are not interested in.”

Newcomer was concerned about the maintenance of the properties being handled by township staff.

Other members of council pointed out the Department of Public Works is already handling the maintenance of the properties, and that the ordinance just gives the township more power to enforce penalties.

Township Manager Scott Carew said the ordinance wouldn’t create any undue burden on township staff.

“We’d have to reprioritize, but if this is what council wants staff to do, staff will do it,” Carew said.

Newcomer also wanted to clarify what making a proper showing to the court would entail. Drollas said that would be up to the discretion of the courts.

Upon introduction earlier this month, Newcomer referred to three ordinances from neighboring townships. He said he would like to see elements of those ordinances incorporated.

At that time, council members expressed a desire to move on the issue, which was first raised in public at the Aug. 18 council meeting.

Carew suggested passing the ordinance, rather than starting the process over again, and amending it down the road.

The ordinance approved Monday night included giving the property owner 30 days from the time a property is declared vacant, 30 days from the time they assume ownership of the vacant property or 10 days following a receipt of notice from Moorestown to file a registration with the Township Clerk.

The statement includes information for a person designated by the owners as the designated person to receive code violations and legal notices for the property, as well as information for the person designated to maintain the property.

One or both of these people can be the property owner. They will be responsible for securing the property and posting signs informing people the property is vacant. Fines for violations are between $100 and $1,000.

The initial registration fee is $500, with a $1,500 renewal fee; a $3,000 fee for the second renewal; and a $5,000 fee for each renewal after that.

The registration is good for one year, and must be renewed as long as the property is vacant.

Township officials will have access to inspect the property on both the inside and outside, as arranged with those registered to oversee the property.

A public officer is appointed to oversee abandoned properties, and those abandoned properties will be put onto a list, that will be available to the public via the Open Public Records Act (OPRA).

The public officer will then contact the owner of record to inform them their property has been declared abandoned, or post notice on the property if the owner is unknown.

That person will be responsible for the maintenance and upkeep of the abandoned property, and will have 30 days to correct any violations that present a hazard. They will be fined $1,500 a day if the violations are not addressed. An out-of-state creditor will be fined $2,500 a day.

The officer can choose to repair, alter, improve or demolish an abandoned property.

The ordinance defines a vacant home as any building used or to be used as a residence which is not legally occupied, construction has stopped or it can’t be reoccupied without rehabilitation.

It defines an abandoned home as one that has not been legally occupied for six months and: is need of rehabilitation; construction was initiated and discontinued for at least six months; at least one tax payment is delinquent or the property has been deemed a “nuisance.”

A property will be deemed a nuisance when the township receives a complaint and the facts back up the complaint. The complaint can come from anyone.

The most discussed vacant home in Moorestown is on Church Street. It had been vacant for about 20 years, and one neighbor who has been helping maintain the property said it has become a safety hazard and a financial hardship.

The attached image of a vacant home was previously provided by Moorestown Councilman Greg Newcomer.