[HISTORY: Adopted by the Common Council of
the City of Linwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-27-2001 by Ord. No. 27-2001]
A certain document, three copies of which are on file in the office of the City Clerk of the City of Linwood being marked and designated as the International Property Maintenance Code as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City of Linwood in the State of New Jersey for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 205-2 of this article.
[Amended 4-13-2022 by Ord. No. 5-2022]
The following sections are hereby revised:
A.
Section 101.1. Insert: The City of Linwood.
B.
Section 102.3. Repairs, additions or alterations to
a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the International Building Code,
International Existing Building Code, International Energy Conservation
Code, International Fire Code, International Fuel Gas Code, International
Mechanical Code, International Residential Code, International Plumbing
Code and NFPA 70. Nothing in this code shall be construed to cancel,
modify or set aside any provision of the International Zoning Code.
C.
Section 103.1. The Property Maintenance Division is
hereby created within the Construction Department, and the Construction
Code Official in charge of the Department shall also be known as the
"Code Official."
D.
Section 103.3. In accordance with the prescribed procedures
of this jurisdiction and with the concurrence of the appointing authority,
the Code Official shall have the authority to appoint a deputy code
official, other related technical officers, inspectors and other employees.
Such employees shall have the powers as delegated by the Code Official.
Those employees include the Zoning Official and members of the Police
Department.
E.
Section 104.1. Fees. The fees for activities and services
performed by the Department in carrying out its responsibilities under
this code shall be as indicated in the following schedule attached
hereto and made part hereof.
F.
Section 104.1A. Any person or persons found to be
in violation of this code may be subject to the following fines, penalties
and/or any combination thereof.
G.
Section 104.1B. Failure to comply with a notice of
violation within the reasonable time to be determined by the Code
Official may result in fines and penalties not less than $100 nor
more than $2,000.
H.
Section 104.1C. For any violation order that is not
promptly complied with, the City shall, at its discretion, correct
said violation, the cost of which shall be charged against the owner
of said real estate and shall be a lien upon such real estate.
I.
Section 104.1D. Cost to bring a property into compliance
with code; by resolution of its governing body, may abate a nuisance,
correct a defect, or put any private premises in proper condition
so as to comply with municipal ordinance or state law applicable thereto,
at the cost of the owner or lessor, and to extend municipal funds
for such purpose and to charge the same against the premises and the
amount thereof as determined by the governing body of the municipality
shall be a lien against the premises and collectible as provided by
the statutes of the State of New Jersey.
J.
Section 104.1E. Any person who has taken out a construction
or demolition permit and who shall be found guilty of violating the
provisions of this code by the Judge of Linwood Municipal Court or
any other court of competent jurisdiction shall, upon conviction,
be subject to a fine of not more than $1,000, plus the cost of the
cleanup and the proper and legal disposal of the waste material improperly
disposed of, or community service for a term of not less than 20 hours
nor more than 40 hours, or any combination of these penalties.
K.
Section 104.1F. Each and every day that a violation
continues after proper notice shall be considered a separate offense.
L.
Section 302.4. Insert: 10 inches.
M.
Section 304.14. Insert: May 1 to October 1.
N.
Section 602.3. Insert: October 1 to April 30.
O.
Section 602.4. Insert: October 1 to April 30.
Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 205-2 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[Adopted 1-27-2016 by Ord. No. 1-2016]
[Amended 7-13-2022 by Ord. No. 12-2022]
It is the purpose and intent of the municipality to establish
a process to address the deterioration and blight of municipality
neighborhoods caused by an increasing amount of abandoned, foreclosed
or distressed real property located within the municipality, and to
identify, regulate, limit and reduce the number of foreclosure properties
located within the municipality. It is the municipality's further
intent to participate in the county-wide registration program established
by the Atlantic County Improvement Authority which is used as a mechanism
to protect neighborhoods from becoming blighted due to the lack of
adequate maintenance and security of foreclosure properties.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any real property located in the municipality, whether vacant
or occupied, that has had a foreclosure complaint, lis pendens filed
against it by the lender holding a mortgage on the property, is subject
to an ongoing foreclosure action by the lender, or has been transferred
to the lender under a deed in lieu of foreclosure. 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.
[Amended 7-13-2022 by Ord. No. 12-2022]
A property that is accessible through a compromised/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.
To include, but not be limited to, the municipality's Zoning
Code, the municipality's Code of Ordinances ("Municipality 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 Municipality
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 lack maintenance
as required by the Municipality and Zoning Codes.
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 applicable
code(s).[1]
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 article,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this article,
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.
[Added 7-13-2022 by Ord.
No. 12-2022]
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.
[Added 7-13-2022 by Ord.
No. 12-2022]
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
[1]
Editor's Note: The former definition of "owner," which immediately
followed this definition, was repealed 7-13-2022 by Ord. No. 12-2022.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather shall
be an additional remedy available to the municipality above and beyond
any other state, county or local provisions for same.
[Amended 7-13-2022 by Ord. No. 12-2022]
Pursuant to the provisions of § 205-4, the municipality or designee shall patriciate in the county-wide registration program established by the Atlantic County Improvement Authority, which catalogs each foreclosure property within the municipality, containing the information required by this article.
[Amended 10-14-2020 by Ord. No. 13-2020; 7-13-2022 by Ord. No. 12-2022]
A.
Any mortgagee who holds a mortgage on real property located within
the Municipality of Linwood shall perform an inspection of the property
to determine vacancy or occupancy, upon the commencement of foreclosure
as evidenced by a foreclosure filing. 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 the municipality, 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 designee monthly and, within
10 days of that inspection, the mortgagee or designee shall update
the property registration to a vacancy status on forms provided by
the municipality.
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 e-mail 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 the municipality 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 municipality
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 codes 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 article. 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. 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 article. 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 article 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 is
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 this Chapter 205 of the Municipality of Linwood’s Code of Ordinances. Pursuant to a finding and determination by the municipality’s Code Enforcement Officer/Board, Hearing Officer/Special Magistrate or a court of competent jurisdiction, the municipality may take the necessary action to ensure compliance with this article.
H.
In addition
to the above, the property is required to be maintained in accordance
with the applicable code(s).
A.
Properties
subject to these sections 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 article 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 municipality.
Any person who shall violate the provisions of this article may be cited and fined as provided in this Chapter 205 of the Municipality of Linwood Code of Ordinances and New Jersey P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) and R.S. 40:49-5. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of this article as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the Municipality Code sections, except to the extent that different types of violations of a Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant Municipality Code section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within
|
$500
|
Adherence to this article 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 municipality's Code Enforcement Division within 45
days for a final courtesy inspection report.
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 Code Enforcement Officer may
temporarily secure the property at the expense of the mortgagee and/or
owner and may bring the violations before the municipality's Code
Enforcement Board or Code Enforcement Special Magistrate as soon as
possible to address the conditions of the property.
B.
The Code
Enforcement Board or Hearing Officer/Special Magistrate shall have
the authority to require the mortgagee and/or owner of record of any
property affected by this article 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.
If there
is a finding that the condition of the property is posing a serious
threat to the public health, safety and welfare, then the Code Enforcement
Board or Special Magistrate may direct the municipality to abate the
violations and charge the mortgagee with the cost of the abatement.
D.
If the
mortgagee does not reimburse the municipality for the cost of temporarily
securing the property, or of any abatement directed by the Code Enforcement
Board or Special Magistrate, within 30 days of the municipality sending
the mortgagee the invoice, then the municipality may lien the property
with such cost, along with an administrative fee of $500 to recover
the administrative personnel services.
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 article 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 municipality
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 article.
[Amended 7-13-2022 by Ord. No. 12-2022]
Registration and penalty fees outlined in this article may be
modified by a resolution, passed and adopted by the Common Council
of the City of Linwood.
