[HISTORY: Adopted by the Township Council
of the Township of Moorestown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-27-1988 by Ord. No. 1421]
The purpose of this article is designed to protect
the public safety, health and general welfare of the residents of
Moorestown by establishing minimum standards governing appearance,
condition and occupancy of residential and nonresidential premises;
to avoid, prevent and eliminate the maintenance or creation of hazards
to the public; to prevent the creation, continuation, extension or
aggregation of blight; to prevent and eliminate conditions on property
which constitute nuisances and potential dangers to the life, health
or safety of persons on or near the premises on which such conditions
exist; to establish minimum standards governing the maintenance and
condition of land and premises within the Township; to fix responsibility
and duties upon owners, lessees, lending institutions, mortgage holders,
operators and occupants of property; and to provide for enforcement,
administration and for penalties. The Township further finds that
the reduction of litter upon public or private property is an important
concern and is necessary to implement its own requirements, as well
as the requirements of the New Jersey Department of Environmental
Protection’s Clean Communities Program.
[1]
Editor’s Note: This ordinance also changed the title
of this chapter from “Littering” to “Property Maintenance.”
[Amended 9-14-2009 by Ord. No. 22-2009]
As used in this article, the following terms
shall have the meanings indicated:
That space on the same lot with a principal building situated
between the front street line or lines and the front line of the building
projected to the side property lines. The depth of the front yard
shall be measured along a line perpendicular to the front street from
the point furthest to the foundation of the structure or building
furthest from such street line.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material or any combination thereof,
including but not limited to any bottle, jar or can or any top, cap
or combination thereof, including but not limited to any bottle, jar
or can or any top, cap or detachable tab of any bottle, jar or can,
any unlighted cigarette, cigar, match or any flaming or glowing material
or any garbage, trash, refuse, debris, rubbish, grass clippings or
other lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of tree farming,
farming or manufacturing.
A container suitable for the depositing of litter.
The following conditions, individually or in combination:
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Township
of Moorestown.
Any condition existing in or on the exterior of any premises
which is potentially dangerous, detrimental or hazardous to the life,
health or safety of persons near or passing within the proximity of
the premises on which such condition exist.
Any premises which are unsanitary or which container litter,
refuse, rubbish or garbage or which have an uncontrollable growth
of weeds, shrubs, trees or vegetation injurious to the health and
safety of persons at, adjacent to, adjoining or passing by the premises.
Any growth of grass or weeds which exceeds six inches when measured
from the ground to the top of the growth.
Any person residing, living or sleeping in or on the premises
or having actual possession or use of the premises or any part thereof,
whether or not the owner thereof, and regardless of the duration of
time of such possession or use.
Any person, persons or entity who is not the owner, but who
has charge, care or control of a premises or part thereof with or
without the knowledge, consent or authority of the owner.
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.A.C. 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 Township to have authority to act with respect to
the property.
[Amended 4-27-2015 by Ord. No. 8-2015]
A lot, plot or parcel of land, including the buildings or
structures thereon.
The required open space, the full width of the lot, extending
along the rear boundary line or property line of the lot; provided,
however, that the following encroachments are permitted: overhanging
eaves, gutters or cornices, steps and the exterior portion of a chimney
foundation, limited to a maximum encroachment of 36 inches in depth.
The required open space from the front yard to the rear yard
on the lot extending along the side boundary line or property line
of the lot; provided, however, that the following encroachments are
permitted: overhanging eaves, gutters or cornices, steps and the exterior
portion of a chimney foundation, limited to a maximum encroachment
of 36 inches in depth.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has 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
abandoned property in N.J.S.A. 55:19-80; provided, however, that any
property where all building systems are in working order, where the
building and grounds are maintained in good order, or where the building
is in habitable condition, and where the building is being actively
marketed by its owner for sale or rental, shall not be deemed a vacant
property for purposes of this article.
[Added 4-27-2015 by Ord.
No. 8-2015]
It shall be unlawful for any person to throw,
drop, discard or otherwise place litter of any nature upon any public
or private property, other than in a litter receptacle.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including:
sidewalks used by pedestrians in active retail commercially zoned
areas, such as that, at a minimum, there shall be no single linear
quarter-mile without a receptacle; buildings held out for use by the
public, including schools and government buildings; parks, drive-in
restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; and at special events to which the public is
invited, including sporting events, parades, carnivals, circuses and
festivals. The proprietors of these places or the sponsors of these
events shall be responsible for providing and servicing the receptacles
so that adequate containers are available.
It shall be unlawful for any person to discard
or dump along any street or road, on or off any right-of-way, any
household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances, furniture, or private
property, except by written consent of the owner of said property,
in any place not specifically designated for the purpose of solid
waste storage or disposal.
It shall be unlawful for any property owner
to store or permit the storage of any bulky household waste, including
but not limited to household appliances, furniture and mattresses,
except in a fully enclosed structure.
It shall be unlawful for any property owner
to store or to permit the storage of tires on a residential property,
except in a fully enclosed structure.
It shall be unlawful for any property owner
to park or permit the parking of any motor vehicle on his or her residential
lawn.
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be the duty of the owner,
agent or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
or refuse.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to
be kept the sidewalk and curb abutting the building or structure free
from obstruction or nuisances of every kind and to keep sidewalks,
areaways, backyards, courts and alleys free from litter and other
offensive material. No person shall sweep into or deposit in any gutter,
street, catch basin or other public place any accumulation of litter
from any public or private sidewalk or driveway. Every person who
owns or occupies property shall keep the sidewalk in front of his
premises free of litter. All sweepings shall be collected and properly
containerized for disposal.
[Added 9-24-1990 by Ord. No. 1548-90; amended 9-14-2009 by Ord. No. 22-2009]
The following standards for maintenance of a
premises shall be the minimum conditions for maintenance for each
and every premises within the Township of Moorestown. It shall be
a violation of this property maintenance code for any owner, operator
or occupant to allow or permit any premises owned, operated or occupied
by such person or entity to fail to comply with each of the following
standards. It shall further be a violation of this property maintenance
code for any owner, operator, or occupant to occupy or, as an owner,
operator, or occupant, to permit or allow another to occupy or use
premises which do not comply with the following standards:
A.
All exterior
property areas and premises shall be maintained in a clean, safe and
sanitary condition free from accumulation of litter.
B.
All areas
shall be kept free from weeds or plant growth which is noxious, dangerous
or detrimental to the public health and safety.
C.
It shall
be unlawful for any property owner to permit any grass, weeds, bushes
or other vegetation to become overgrown. Grass and weeds shall be
kept trimmed to a height of six inches or less at all times.
[Added 7-11-2011 by Ord.
No. 11-2011]
[Amended 9-14-2009 by Ord. No. 22-2009]
The provisions of this article shall be enforced
by the Township Manager or one of more enforcement officers designated
by the Township Manager with authority to enforce the provisions of
this article.
A.
Said enforcement
officer shall be officers and employees of the Township of Moorestown.
B.
Whenever a Township official charged with enforcement of this article determines that there is or has been a violation of any provision of this article, he or she shall give notice of such violation to the person, persons or entities listed as owners of the subject property on the records of the Township Tax Assessor in accordance with Subsection C set forth below and to any known operator or occupant. The notice shall direct that the violation be removed, abated, cured, prevented or remediated within 10 days of the date of service of said notice, exclusive of the date of service, or summons issued for such violation. In the event that the violation is not abated, removed, cured, prevented or remediated from or otherwise fully remedied within the specified period as set forth in the notice, a summons may be then filed in the Municipal Court of the Township of Moorestown against the person, persons, entity or entities so notified.
C.
Service
of notice.
(1)
In
the event of a violation of this article, notice of said violation
shall be served upon the property owner, operator and occupant of
the premises as determined from the records of the Township Tax Assessor
and other reliable sources of information, either personally or by
mail. In the event of service by mail, it shall be made by registered
or certified and by regular mail. Service by regular mail shall be
considered valid. If all of the mailings are returned undeliverable,
service shall be accomplished by posting the notice at the subject
property.
(2)
Service
may also be made by personal service of notice upon the owner, operator
or occupant or upon a member of the family of the owner over 14 years
of age residing in the same dwelling as the owner, operator or occupant.
D.
Emergency
situations. Where the violations or conditions that exist on the premises
are of such a nature as to constitute an immediate threat to life
and limb unless abated without delay, the Township Manager, or his
designee, or the Township Director of Public Works may either abate
the violation or condition immediately or order the owner, occupant
or operator to correct the violation or condition within a period
of time not to exceed 48 hours. Upon failure to do so, the Township
Manager, or his designee, or the Director of Public Works may abate
the condition immediately.
[Added 9-14-2009 by Ord. No. 22-2009]
In the event that the owner of the subject property does not
abate the violation within the time set by the Township Manager, or
his designee pursuant to § 103-12B of this article, in addition
to any other penalty, the Township Manager or his designee may abate
the violation. Upon completion of the work, the Township Manager or
his designee shall present to the Township Council a report of the
work and all costs associated therewith, along with a summary of the
proceedings undertaken to secure compliance, including notices served
upon the owner, operator and occupant of the subject property. The
Township Council may thereupon, by resolution, approve the amount
of costs expended in the abatement of the violation, whereupon the
same shall become a lien against the subject property, collectible
as provided by law. A copy of the resolution approving the amount
of costs shall be certified by the Township Clerk and filed with the
Tax Collector of the Township of Moorestown, who shall be responsible
for collection of costs, and a copy of the resolution shall be mailed
to the owner of the subject property by certified and regular mail.
[Adopted 3-13-2023 by Ord. No. 3-2023]
It is the purpose and intent of the Council to establish a process
to address the deterioration, crime, and decline in property values
caused by property with foreclosing or foreclosed mortgages located
within the Township and to identify, regulate, and establish standards
over these properties. Vacant structures or structures owned by individuals
who are economically strained and unable to meet their mortgage obligations
are often not properly or diligently maintained, which contribute
to blight, declined property values, and have a negative impact on
social perception of the areas where they are located. It is Council's
further intent to establish a registration program as a mechanism
to help monitor properties in foreclosure.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates a different meaning.
Includes, but is not limited to, the Municipality's
Zoning Code, the Municipality's Code of Ordinances ("Municipality
Code"), and the New Jersey Building Code.
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court of
New Jersey seeking to foreclose upon a residential or commercial mortgage.
If the entity seeking to foreclose upon the residential or commercial
mortgage changes as a result of an assignment, transfer, or otherwise
after the filing of the foreclosure complaint in the Superior Court,
the new entity shall be deemed the creditor for purposes of this article.
For purposes of this article, a creditor shall not include the state,
a political subdivision of the state, a state, county, or local government
entity, or their agent or assignee, such as the servicer.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the municipality to enforce the requirements
of this article and any applicable code(s).
The Township of Moorestown.
Any real property located in the municipality that is at
any stage of the judicial foreclosure process, beginning at the point
a foreclosure complaint has been filed in the Superior Court of New
Jersey, through and beyond a sheriff's sale, continuing to the
point that the real property is sold or transferred for other than
nominal consideration.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of vacant and abandoned
real property.
Any real property located in the municipality that it is
not legally occupied by a mortgagor or tenant, which is in such condition
that it cannot be occupied, because of the presence or finding of
at least two of the following:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
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;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by any authority
with jurisdiction declaring the property to be unfit for occupancy
and to remain vacant and unoccupied;
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;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
A.
The provisions of this article shall be considered cumulative and
not superseding or subject to any other law or regulation, but rather
be an additional remedy available to the municipality above and beyond
any other state, county or local provisions.
B.
All properties subject to the provisions of this article shall remain
subject to the requirement to submit a property registration statement,
annual payment of fees, and the maintenance requirements until the
later of the dismissal of the foreclosure, or the sale or transfer
of the property for other than nominal consideration.
Pursuant to the provisions of this article, the municipality
shall administer a registration program, either directly or through
a third-party administrator, which shall catalog each property in
foreclosure within the municipality and compile the information required
by this article.
A.
Any creditor foreclosing on a residential or commercial mortgage
shall, in addition to the notice required by any other applicable
law, register the residential or commercial property with the Township
Clerk as a property in foreclosure.
B.
The creditor shall submit a property registration statement which
shall include the following information:
(1)
The name, address, and telephone number of a representative of the
creditor who is responsible for receiving complaints of property maintenance
and code violations;
(2)
The name, address, and telephone number for any person or entity,
if any, retained by the creditor or a representative of the creditor,
to be responsible for any care, maintenance, security, or upkeep of
the property;
(3)
Provide the date the summons and complaint in an action to foreclosure
on a mortgage was filed, and the docket number of the filing; and
(4)
Identify whether the property is vacant and abandoned real property
(as defined in this article).
C.
A foreclosing creditor located outside of the State of New Jersey
shall appoint a representative or agent in the State of New Jersey
to act for said foreclosing creditor.
D.
If there is any change in any of the information provided on the
property registration statement, the creditor shall update the property
registration statement within 10 days of the change in that information.
E.
This section shall also apply to properties that have been the subject
of a deed in lieu of foreclosure.
F.
Failure of the foreclosing creditor to properly register or to modify
the registration form as required herein to reflect a change of circumstances
as required by this article is a violation of the article and shall
be subject to enforcement.
A.
A property in foreclosure shall be subject to payment of a nonrefundable
annual registration fee in the amount of $500. The initial fee shall
be submitted when filing the property registration statement. For
each subsequent calendar year that the property remains as a property
in foreclosure, an additional registration fee of $500 shall be paid
by January 31 of the subsequent year.
B.
If a property in foreclosure is also a vacant and abandoned real
property at time the property registration statement is filed, an
additional nonrefundable annual vacant property fee in the amount
of $2,000 shall be paid with the registration fee. For each subsequent
calendar year that the property remains as vacant and abandoned real
property, an additional vacant property fee of $2,000 shall be paid
by January 31 of the subsequent year. If the property is not vacant
and abandoned real property at the time of initial registration, but
later becomes vacant and abandoned real property at any time while
a property in foreclosure, within 30 calendar days of the change in
status, the property registration statement shall be updated and the
additional $2,000 vacant property fee shall be submitted.
A.
A foreclosing creditor shall be responsible for the care, maintenance,
security, and upkeep of the exterior of the property if the property
constitutes vacant and abandoned real property at any time while the
property is registered in accordance with this article. This shall
include, but not be limited to, the following:
(1)
The property shall be kept free of weeds, overgrown brush, dead vegetation,
trash, junk, debris, building materials, any accumulation of newspapers,
circulars, flyers, notices, except those required by federal, state
or local law, discarded personal items including, but not limited
to, furniture, clothing, large and small appliances, printed material
or any other items that give the appearance that the property is abandoned.
(2)
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
(3)
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
(4)
Yard maintenance shall include, but not be limited to, grass, weeds,
ground covers, bushes, shrubs, hedges or similar plantings, decorative
rock or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include gravel, broken concrete, asphalt or similar material.
(5)
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
(6)
Pools and spas shall be maintained so the water remains free and
clear of pollutants, debris, and mosquitoes and other infestations
and shall comply with the regulations set forth in the applicable
code(s).
B.
In the event a foreclosing creditor fails to maintain the property
in accordance with the above requirements, the municipality shall
have the following recourse:
(1)
The enforcement officer may issue a citation or notice of violation
against the foreclosing creditor. Such notice shall require the person
or entity to correct the violation within 30 days of receipt of the
notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety; and/or
(2)
The municipality may undertake such action as is necessary to bring
the property into compliance with the above maintenance requirements
and may place a lien on the property for the cost of the work performed
to bring it into compliance.
A.
Properties subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A secure manner shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow unauthorized access to the interior of the property
or structure. Broken windows, doors, gates and other openings of such
size that may allow unauthorized access to the interior of the property
or structure must be repaired. Broken windows shall be secured by
reglazing of the window; boarding of broken windows is prohibited.
C.
A creditor shall designate a property management company to perform
the work necessary to bring the property into compliance with the
applicable code(s), and the property management company must perform
regular monthly inspections to verify compliance with the requirements
of this article, and any other applicable laws.
D.
A creditor shall post a sign affixed to the inside of the property
and visible to the public indicating the name, address, and telephone
number of the creditor or an out-of-state creditor's in-state
representative or agent.
E.
A creditor shall acquire and otherwise maintain liability insurance
by procuring a vacancy policy, covering any damage to any person or
any property caused by any physical condition of the property while
registered pursuant to this article. A copy of such policy shall be
filed with the Municipal Clerk.
All vacant and abandoned real property is hereby declared to
be a public nuisance, the abatement of which pursuant to the police
power is hereby declared to be necessary for the health, welfare and
safety of the residents of the municipality.
A creditor found by the municipal court of the municipality,
or by any other court of competent jurisdiction, to be in violation
of this article shall be subject to a fine of $1,500 for each day
of the violation. Notwithstanding anything to the contrary herein,
an out-of-state creditor found by the municipal court of the municipality,
or by any other court of competent jurisdiction, to be in violation
of the requirement to appoint an in-state representative or agent
pursuant to this article shall be subject to a fine of $2,500 for
each day of the violation. Any fines imposed on a creditor for the
failure to appoint an in-state representative or agent shall commence
on the day after the ten-day period for providing notice to the Municipal
Clerk that a summons and complaint in an action to foreclose on a
mortgage has been filed.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the enforcement officer
may temporarily secure the property and place a lien upon it for the
cost of the work performed.
B.
The enforcement officer shall have the authority to require the creditor
to implement additional maintenance and/or security measures including,
but not limited to, securing any and all doors, windows or other openings,
employment of an on-site security guard or other measures as may be
reasonably required to help prevent further decline of the property.
C.
In the event the municipality places a lien on property as permitted
by this article, the municipality may add an administrative fee of
$500 to recover the administrative cost of imposing the lien.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement officer in the discharge
of duties as provided in this article shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer shall be immune from prosecution, either
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this article.
