[HISTORY: Adopted by the Township Committee of the Township
of Franklin 3-26-1996 by Ord. No. O-2-96; amended in its entirety 7-12-2022 by Ord. No. O-16-22. Subsequent amendments noted where applicable.]
A.
It is the purpose of this chapter to protect the public health, safety
and welfare by establishing minimum standards for the maintenance
of properties within the Township of Franklin.
B.
This chapter is hereby declared to be remedial and essential for
the public interest, and it is intended that this chapter be liberally
construed to effectuate the purpose stated herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A property that is accessible through a comprised/breached
gate, fence, wall, etc. or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Includes, but not be limited to, Franklin Township's
Zoning Code, Franklin Township's Code of Ordinances ("Township
Code"), and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Township
Code; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lacks
maintenance as required by the Township and Zoning Codes.
A structure having a roof supported by columns or walls with
proper footing/foundation with no more than one open side.
All waste material, including but not necessarily limited
to major appliances, motor vehicle parts, tires, tree stumps, demolition
materials, refuse and debris excepting garbage or recyclable trash
at curbside for trash collection in compliance with the rules and
regulation for trash collection.
The legal process by which a mortgagee terminates a mortgagor's
interest in real property either to obtain legal and equitable title
to the real property pledged as security for a debt or to force a
sale of said property to satisfy a debt. For purposes of this chapter,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this chapter,
the process is not concluded until the property is sold to a bona
fide purchaser not related to the mortgagee in an arm's-length
transaction whether by Sheriff's sale, private sale following
a Sheriff's sale, or private sale following the vesting of title
in the mortgagee pursuant to a judgment.
Any motorized or unmotorized vehicle, airplane, boat, vehicle
trailer or trailer coach without a currently valid license plate or
plates, insurance, registration and inspection and is either inoperative,
rusted, dismantled, wrecked or in a condition whereby repairs to place
said vehicle in an operative condition would be economically unsound
or other condition that the public officer determines that it warrants
such classification.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to effectuate the purpose
of this chapter where applicable shall include the undeveloped area
of a street right-of-way which is adjacent to the lot.
The creditor, including but not limited to, lenders in a
mortgage agreement; any agent, servant, or employee of the creditor;
any successor in interest; or any assignee of the creditor's
rights, interests, or obligations under the mortgage agreement, excluding
governmental entities as assignee or owner.
Including but not necessarily limited to bulky waste, junk
vehicles, as defined in this chapter, and material and equipment and
other such conditions that the public officer determines that it warrants
such classification.
Including but not necessarily limited to tall, uncultivated
grass and weeds and other such conditions the public officer determines
that it warrants such classification.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
The officer(s) who shall enforce the provisions of this chapter
shall be the Township of Franklin Zoning Officer and police officers
or any other person designated by resolution of the Township Committee.
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a dwelling unit.
This term shall also include campers and mobile homes.
Any motorized or unmotorized vehicle, airplane, boat, vehicle
trailer, trailer coach subject to registration laws without a currently
valid license plate or plates, insurance, registration and inspection
that is not in a condition of a junk vehicle.
Any real property located in the Township of Franklin, whether
vacant or occupied, that a complaint and summons has been filed with
respect to foreclosure on a mortgage, has had a lis pendens filed
against it by the lender holding a mortgage on the property, is subject
to an ongoing foreclosure action by the lender, has been transferred
to the lender under a deed in lieu of foreclosure, or meets the definition
of abandoned property in N.J.S.A. 55:19-80, et seq. The designation
of a property as "abandoned" shall remain in place until such time
as the property is sold or transferred to a new owner, the foreclosure
action has been dismissed, and any default on the mortgage has been
cured.
It shall be unlawful for any owner or owners, occupant or occupants
of any developed lot or lots or any lot or lots approved for development
and/or under construction within the Township of Franklin to allow
any brush, tall uncultivated grass, weeds or other obnoxious growths
or impediment to grow thereon or to allow dead or dying trees which
if left in the natural state will prevent free or uninterrupted passage
and said growth or decay is likely to become a public health, safety
or fire hazard or has an adverse effect or impairment of visual or
aesthetic scenes or vistas or is a nuisance, annoyance or interference
with the overall enjoyment or general well being of the public.
It shall be unlawful for any owner or owners, occupant or occupants
of any lot or lots within the Township of Franklin to allow, store
or keep the accumulation of filth, garbage, trash, debris, junk vehicles
or bulky waste which will prevent free or uninterrupted passage or
become a public health, safety, fire hazard thereon or which is an
adverse effect or impairment of visual or aesthetic scenes or vistas
or is a nuisance or annoyance or interference With the overall enjoyment
or general well-being of the public.
A.
It shall be unlawful for any owner or owners, occupant or occupants
of any lot within the Township of Franklin to keep or store more than
one unregistered vehicle that is outside of an enclosed building and
also no unregistered vehicle shall be used for storage or stored on
vacant land. Also, any such area whereby any unregistered vehicle
is kept or stored shall be located in the rear yard, and such area
shall be properly screened from adjacent property owners and the general
public in order to eliminate or reduce an adverse effect or impairment
of visual or aesthetic scenes or vistas and to prevent such area from
becoming a nuisance or annoyance or interference with the enjoyment
or general well-being of any resident of this municipality.
B.
Registered vehicle trailers and coaches stored on a property are
strictly prohibited unless Township Council has approved the same
by way of temporary permit for limited duration set forth in a Resolution.
This section shall not apply to vehicle trailers and coaches registered
to the property owner and temporarily parked or stored on the property.
C.
This section shall not apply to unregistered vehicles and equipment
incidental to a permitted use and utilized as part of normal business
operations, whereby the same may not be required to be registered
to accomplish the purpose they serve.
A.
The spirit and intent of this section is that permit(s) may be issued only if the public interest is not jeopardized and only if the issuance of said permit will not substantially impair the intent and purpose of this chapter. Therefore, it is hereby recognized that specific circumstances, including but not necessarily limited to antique car hobbyist and vehicle temporarily out-of-service, may allow the public officer upon application for the same to waive the one unregistered vehicle limit set forth in § 295-5A; however, under no circumstances shall more than four unregistered vehicles be permitted outside of an enclosed building. Also, this section shall only apply to passenger automobiles, motorcycles and trucks no greater than 3/4 ton gross vehicle weight, whereas trailer coaches and all other unregistered vehicles are strictly prohibited.
B.
The applicant shall apply in writing to the public officer for an
annual permit to maintain unregistered vehicles as per this section
and pay an annual fee of $10 (nonrefundable before the 31st day of
January each year.)
C.
Furthermore, the public officer is hereby authorized to approve a
special permit subject to reasonable conditions which may be necessary
in order to mitigate adverse effects of the same.
D.
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of the public officer based on or made
in the enforcement of this section. The fees and procedures for a
hardship/bulk variance shall apply.
E.
The public officer shall make an investigation of the application
for a special permit and shall take the following into consideration:
(1)
The location of the premises and its character and relationship to
the surrounding neighborhood.
(2)
The lot area, street frontage, lot depth and other physical characteristics
of the premises.
(3)
The location on the premises where the vehicles will be kept and
their relationship to adjacent dwellings, structures and open spaces.
(4)
Any other information that may be deemed reasonable and necessary
in order to carry out the spirit and intent of this chapter.
[Amended 9-27-2022 by Ord. No. O-22-22]
A.
Any owner or owners, occupant or occupants of any premises neglecting
to remove any brush, tall uncultivated grass, weeds, dead or dying
trees or other obnoxious growth, filth, garbage, trash or other obnoxious
debris or junk vehicles, bulky waste, unregistered vehicles, vehicle
trailers or trailer coaches from said lands and premises in the Township
of Franklin within 10 days after being notified to remove the same
by or through the public officer shall, upon conviction before the
Franklin Township Municipal Court, be subject to a fine in the sum
of not more than $250 for each first offense and not more than $1,000
for each subsequent offense. Each day following such ten-day notice
shall constitute a new and separate offense hereunder.
B.
Any person who fails to register abandoned real property on an annual basis as set forth in § 295-10 shall be subject to a fine of $300.
C.
Whenever a fine is to be imposed in an amount greater than $1,250
for violations of housing or zoning codes, the owner shall be provided
a thirty-day period during which the owner shall be afforded the opportunity
to cure or abate the condition and shall be afforded the opportunity
for a hearing before the court for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 may be imposed if the court has determined
that the abatement has not been substantially completed.
D.
The maximum penalty set forth herein shall not apply where a specific
lower maximum penalty is provided for in a specific section of the
Franklin Township Code.
A.
Upon the failure of any owner or owners, occupant or occupants of
any premises to remove brush, tall uncultivated grass, weeds, dead
or dying trees or other obnoxious growth, filth, garbage, trash or
other obnoxious debris, junk vehicles, bulky waste, unregistered vehicles,
vehicle trailers or trailer coaches within 10 days after notification,
the public officer shall cause the same to be removed; and the cost
thereof shall be certified to the officer or officers whose duty it
is to assess and levy the taxes of the Township of Franklin and shall
thereupon be charged against said lands and premises and become and
be a first and paramount lien upon said lands and premises and shall
be added to and become and form a part of the taxes assessed against
said lands and premises and shall be collected with and in the same
manner as the taxes next to be assessed and levied upon said lands
and premises, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes.
B.
The following costs to be charged and collected against said lands
and premises for noncompliance with this chapter shall be as follows:
(1)
The actual costs paid for by or on behalf of the Township of Franklin
for the cleanup of said property; or
(2)
In the event that the Township of Franklin Public Work employees
perform any property maintenance, an amount equal to a minimum charge
of $500 plus $500 per ton thereafter and $100 per hour per employee
plus $100 per hour per piece of equipment for the time spent performing
said property maintenance.
The imposition and collection of the fine imposed by this chapter
shall not bar the right of the Township of Franklin to collect the
cost of removal in the manner as required in this chapter, and the
remedy shall be cumulative.
A.
Any mortgagee who holds a mortgage on real property shall perform
an inspection of the property to determine vacancy or occupancy, upon
the filing with respect to foreclosure on a mortgage. The mortgagee
shall, within 10 days of the inspection, register the property with
the Division of Code Enforcement, or designee, on forms or website
access provided by Franklin Township, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
B.
If the property is occupied but remains in foreclosure, it shall
be inspected by the mortgagee or his/her designee monthly within 10
days of that inspection, update the property registration to a vacancy
status on forms provided by Franklin Township.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and email address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property.
D.
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration.
E.
If the property is not registered, or the registration fee is not
paid within 30 days of when the registration or renewal is required
pursuant to this section, a late fee equivalent to 10% of the annual
registration fee shall be charged for every thirty-day period, or
portion thereof, that the property is not registered and shall be
due and payable with the registration.
F.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of Franklin Township and/or its authorized designee.
G.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
H.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain in foreclosure.
I.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
J.
Failure of the mortgagee to properly register or to modify the registration
form from time to time to reflect a change of circumstances as required
by this article is a violation of the article and shall be subject
to enforcement.
K.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Township may
take the necessary action to ensure compliance with, and place a lien
on, the property for the cost of the work performed to benefit the
property and bring it into compliance.
L.
Registration of foreclosure property does not alleviate the mortgagee
from obtaining all required licenses, permits and inspections required
by applicable code or state statutes.
M.
If the mortgage and/or servicing on a property is sold or transferred,
the new mortgagee is subject to all the terms of this chapter. Within
10 days of the transfer, the new mortgagee shall register the property
or update the existing registration. The previous mortgagee(s) will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the registrable property.
N.
If the mortgagee sells or transfers the registrable property in a
non-arm's length transaction to a related entity or person, the
transferee is subject to all the terms of this chapter. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including but not limited to unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that mortgagee's involvement with the registrable property.
A.
Properties subject to this chapter 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.
B.
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.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance shall include, but not be limited to, grass, 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 weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with § 295-7.
H.
If the Township expends public funds in order to abate a nuisance or correct violation on a residential property in situations in which the mortgagee and/or owner was given notice, but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have against the title owner of the property pursuant to § 295-8.
I.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
A.
Properties subject to this chapter 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 a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this chapter, and any other applicable laws.
All 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 Township.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s) and the owner shall be responsible for meeting
with the Township's Code Enforcement Division within 45 days
for a final courtesy inspection report.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this chapter.
