[HISTORY: Adopted by the Township Committee
of the Township of Chesterfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-8-2007 by Ord. No. 2007-2]
This article shall be known as the "Property
Maintenance Code of the Township of Chesterfield" and may be referred
to in this article as this "code."
A.
Findings. It is hereby found and declared that there
exists in the Township of Chesterfield residential and nonresidential
properties that lack maintenance, contain infestation, and/or are
fire hazards and/or are burdened with unsanitary conditions, and constitute
a menace to the health, safety, welfare and reasonable comforts of
the citizens and inhabitants of the Township.
B.
Purpose. The purpose of this code is to protect the
public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance and condition of residential
and nonresidential property; to fix certain responsibilities and duties
upon owners and operators and distinct and separate responsibilities
and duties upon occupants; to authorize and establish procedures for
the inspection of residential and nonresidential premises; to fix
penalties for the violations of this code; and to provide for the
repair, maintenance and abatement of nuisances on premises by the
Township. This code is hereby declared to be remedial and essential
for the public interest, and it is intended that this code be liberally
construed to effectuate the purposes as stated herein.
The following terms wherever used herein or
referred to in this code shall have the respective meanings assigned
to them unless a different meaning clearly appears from the context:
The condition or appearance of a property which is characterized
by evidence of decay or neglect or lack of maintenance.
All officials, officers or employees entrusted with the enforcement
of the provisions of this code.
Any premises or any part thereof which may be lawfully viewed
by the public or any member thereof from a sidewalk, street, alleyway,
licensed open-air parking lot or from any adjoining or neighboring
premises.
Any thing or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire; or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire. (See also "nuisance.")
Putrescible animal or vegetable waste resulting from the
handling, preparation, cooking and consumption of food. Compost piles
are excluded from the definition of "garbage." A "compost pile" is
a collection of leaves, grass clippings and other similar raw organic
materials collected in a pile for the purpose of decomposition. Pine
needles may be included as a component of the compost pile. A single
compost pile shall not exceed a height of 5 feet or diameter of 10
feet. (See also "refuse" and "rubbish.")
The presence of insects, rodents, vermin or other pests on
the premises, in sufficient numbers to constitute a health hazard.
It shall be a public nuisance for any person:
To discard, deposit, throw or leave any wastepaper,
cans, bottles, garbage, waste trash or refuse of any kind whatsoever
upon any street, road, avenue, park or other public place; or
To willfully or maliciously destroy, damage
or injure any property; or
To deposit on, burying or otherwise dispose
upon, open fields or other private property, any abandoned vehicles
parts, appliances, lumber, trash, garbage, rubbish, debris, or vegetation,
or other junk; or
To burn or cause to be burned any leaves, wastepaper,
trash or other refuse on the improved surface of any public street,
road or avenue; or
To allow or permit any building, structure or
premises or any portion of a building, structure or premises he or
she owns, occupies or controls by him or her to be used by persons
violating the law.
Any person living, sleeping, occupying or having actual possession
of a premises or a part thereof.
Any person who has charge, care or control of a premises
or a part thereof, whether with or without the knowledge and/or consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling or dwelling unit as owner or agent of the
owner or as fiduciary, including but not limited to executor, executrix,
administrator, administratrix, trustee, receiver or guardian of the
estate, or as a mortgagee in possession, regardless of how such possession
was obtained. Any person who is a lessee subletting or reassigning
any part or all of any dwelling or dwelling unit shall be deemed to
be a co-owner with the lessor and/or assigned by said lessee.
A lot, plot or parcel of land, including the buildings or
structures thereon.
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, tires and solid market and industrial
wastes. (See also "garbage" and "rubbish.")
Registered mail or certified mail.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, wood, bedding, crockery, wood, leaves, mulch, wood chips and
similar materials. Firewood shall not be prohibited, provided that
it is stacked in an orderly manner within 60 days of being cut or
delivered to the property. (See also "garbage" and "refuse.")
Deterioration, decay or damage caused by exposure to the
elements.
A.
In general. This code shall be applicable to every
residential and nonresidential premises on which it is situated in
the Township.
B.
Higher standard to prevail in case of conflict with
other laws or ordinances. In any case where the provisions of this
code impose a higher standard than set forth in any other ordinances
of the Township or under the laws of the State of New Jersey, then
the standards as set forth herein shall prevail, but if the provisions
of this code impose a lower standard than any other ordinances of
the Township or of the laws of the State of New Jersey, then the higher
standard contained in any such other ordinance or law shall prevail.
C.
Enforcement of and compliance with other ordinances.
Compliance with this code shall not constitute a defense against any
violation of any other ordinance of the Township applicable to any
structure or premises, nor shall any provision herein relieve any
owner, operator or occupant from complying with any such other provision,
nor any official of the Township from enforcing any such other provision.
A.
Owner and operator. Owners and operators shall have
all the duties and responsibilities as prescribed in this code, and
no owner or operator shall be relieved from any such duty and responsibility
nor be entitled to defend against any charge of violation thereof
by reason of the fact that the occupant is also responsible therefor
and in violation thereof.
B.
Occupant. Occupants shall have all the duties and
responsibilities as prescribed in this code and all the regulations
promulgated thereto, and the occupant shall not be relieved from any
such duty and responsibility nor be entitled to defend against any
charge of violation thereof by reason of the fact that the owner or
operator is also responsible therefor and in violation thereof.
A.
Maintenance of exterior of premises free of hazards
and unsanitary conditions. The exterior of the premises shall be kept
free of all nuisances and any hazards to the safety of occupants,
pedestrians and neighbors and free of unsanitary conditions, and any
of the foregoing shall be promptly removed and abated by the owner
or operator.
B.
It shall be the duty of the owner or operator to keep
the premises free of hazards, which include but are not limited to
the enumerations and provisions in the following subsections:
(1)
Refuse. Brush, woods, wood chips, broken glass, excavated
stumps, roots, hazardous growths, filth, garbage, trash, refuse, debris
and all other items described under the definition of "nuisance" and
all of its subsections.
(2)
Natural growth. Dead and dying trees and limbs or
other natural growth, including but not limited to brush, wood, weeds,
ragweed, stumps, roots and all plant growth which are noxious, dangerous
or detrimental to human health and safety, or which impede Township
fire and other rescue vehicles from accessing private property for
emergencies, which, by reason of rotting or deteriorating conditions
or storm damage, constitute a hazard to persons in the vicinity thereof.
Trees shall be kept pruned, trimmed and maintained in an orderly state
to prevent such conditions, including all situations in which such
conditions would constitute blighting and/or have a debilitating effect
upon surrounding properties, and/or having any negative aesthetic
or other impact upon adjoining and nearby property and/or impede access
to private property by Township public safety and fire rescue vehicles.
Open areas shall be graded evenly to eliminate holes, depressions,
gullies, mounds, accumulations or debris or other unsightly or unsafe
conditions.
(3)
Ground surface hazards or unsanitary conditions; holes,
excavations and excretion of pets and other animals on parts of the
premises. All such holes and excavations shall be filled and repaired
where necessary to eliminate hazards or unsanitary conditions with
reasonable dispatch upon their discovery. Excretion of pets and other
animals must be removed and disposed of properly in order to avoid
unsanitary conditions.
(4)
Sources of infestation. All premises shall be kept
free from insect and rodent infestation. All premises in which insects
or rodents are found shall be promptly exterminated by approved processes
that will not be injurious to human health. Every owner and operator
shall promptly identify all sources of infestation, and every measure
shall be taken to immediately abate and eliminate said infestation.
C.
Freedom from accumulations and obstructions. No accumulation
or obstruction from garbage, refuse or rubbish shall be permitted
which is visible from the sidewalk, street or other public areas or
a neighboring premises except that garbage stored in proper containers
may be set out for removal.
D.
Landscaping. Lawns, hedges and bushes shall be kept
trimmed and maintained so as to keep from becoming overgrown. Specifically,
lawns shall be trimmed and maintained at a height no greater than
6 inches in height. Hedges and bushes shall be trimmed and maintained
such that they do not extend over public sidewalks, streets or other
rights-of-way.
E.
Storage of tires.
(1)
Intent and purpose. The provisions and prohibitions
hereinafter contained and enacted are in pursuance of and for the
purpose of securing and promoting the public health and general welfare
of persons in the Township and to prevent the spread of diseases from
mosquito transmission by preventing the presence of mosquito larvae
in water that accumulates in tires.
(2)
Property storage of tires. Tires shall be stored in
totally enclosed structures or covered to prevent the existence or
presence of any water in which mosquito larvae may mature and grow
or exist. If stored outside, they must be stored up off of the ground
and covered not to allow standing water.
(3)
Unusable tires. Any tires that cannot be used shall
be considered waste material and must be disposed of in a proper and
lawful manner which prevents the collection of stagnant rainwater
in said tires.
A.
Cleanliness and sanitation. All parts of the premises
under the control of the occupant or operator shall be kept in a clean,
safe and sanitary condition, and the occupant shall refrain from performing
any acts which would render other parts of the premises unclean or
unsanitary or which would obstruct the owner or operator from performing
any duty required hereunder or from maintaining the premises in a
clean and sanitary condition.
B.
Landscaping. The landscaping of premises shall be
maintained in an orderly state with lawns (where applicable) and bushes
and trees trimmed and free from becoming overgrown, littered and unsightly
where such would constitute a blighting effect, depreciating adjoining
and nearby property. Specifically, lawns shall be trimmed and maintained
at a height no greater than 6 inches in height. Hedges and bushes
shall be trimmed and maintained such that they do not extend over
public sidewalks, streets or other rights-of-way.
C.
Eliminating infestation. Every occupant of a premises
shall be responsible for the elimination of infestation on the premises.
D.
Malicious damage. Every occupant shall be responsible
for willfully or maliciously caused damage to any part of the premises.
A.
In general. No person shall accumulate or permit,
suffer or allow the accumulation in any premises owned, operated,
occupied or controlled by him of any refuse, garbage, rubbish and
waste material for a time longer than the period from one collection
day to the next ensuing collection day.
B.
Residential premises. Every owner, operator and occupant
of residential premises shall be responsible for providing suitable
containers for the receiving and holding of garbage, rubbish, refuse
and waste materials from one collection to the next actual collection.
All such containers shall prevent trash or garbage from disbursing
or spilling into the street and prevent spillage or leakage of their
contents. Such garbage, rubbish, refuse and waste material shall be
placed in the containers aforesaid prior to the time fixed for collection.
A.
The Township Clerk shall supervise the administration
of inspections, regulations, enforcements, and hearings on violations.
The Township Clerk is hereby designated to supervise and direct all
inspections, regulations, enforcements and hearings on violations
of the provisions of this code, unless expressly stated to the contrary.
The Zoning Officer or his designee shall be and is designated by the
Township Clerk to perform such duties as may be necessary to the enforcement
of this code, including the making of inspections. Any resident of
the Township shall have standing to bring a complaint to the Municipal
Court for enforcement of this article.
B.
When exterior inspections are to be made. All premises
subject to this code are subject to inspection by the enforcing officer
of the Township based on clearly evident probable cause to believe
a violation or unsafe condition may exist. At the time of such inspections,
parts of the premises must be available and accessible for such inspections,
and the owner, operator and occupant are required to provide the necessary
arrangements to facilitate such inspections.
C.
Identification and conduct of inspectors. Enforcement
officials and officers shall be supplied with official identification
and shall exhibit such identification when requesting access to any
part of any premises subject to this code.
D.
Where access by enforcing officials is refused. Where
the enforcing official or his agent is refused access to the premises
or is otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises, access to the premises
shall be gained only by the warrant procedure set forth hereafter.
E.
Issuance of warrant. In addition to the provisions of Subsection D, enforcing officials may, upon affidavit, apply to the Municipal Court Judge of the Township of Chesterfield or to the New Jersey Superior Court for a warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this code exists on the premises, and if the Judge is satisfied as to the matter set forth in said affidavit, he may authorize the issuance of a warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
A.
Procedure where violation discovered. Where a violation
of this code or the regulations hereunder is found to exist, a written
warning notice from the enforcing official shall be served on the
person or persons responsible for the correction thereof.
B.
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct the same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection D. The notice shall also advise the recipient that, if the violation is not corrected or abated, the municipality or municipal-hired contractor may do the same, the cost of which shall become a lien on the subject property.
C.
Service of notice. Notice may be served personally
or by mail with postage prepaid, addressed and by regular mail to
the last known address of the person to be served. In case the premises
is occupied, notice may be accomplished by posting upon the front
door of the structure. Where it is ascertained that the owner does
not reside on the premises, the last known address shall be the address
of the owner as shown in the office of the Tax Collector. If the last
known address cannot be ascertained, service may be accomplished by
mailing the notice with postage prepaid to the mortgagee, if there
be one, and by posting the notice on the front door of the premises
and printing the notice in the official Township newspaper at least
one time. The enforcing officer shall file and provide notice to any
owner, operator or occupant of any violation at any address other
than the last known address provided hereunder if such other address
is filed with the enforcing officer personally or by certified mail
addressed to the enforcing officer. Service upon an owner, operator
or occupant may also be attained by service of any notice upon any
competent member of the family 18 years old or older of the owners,
operator or occupant. Date of service of notice shall be determined
where service is by mail as of the third day following the day of
mailing for notices to addresses within or outside the Township. Where
the day of service would fall upon a Sunday or other day where mail
is not ordinarily delivered, then the day of service shall be the
next regular day.
D.
Notice to become an order unless hearing requested.
Within 10 days of the date of service of a notice, the notice shall
constitute a final order unless any person affected by the notice
requests a hearing thereon by serving a written request within the
ten-day period in person or by mail on the Township Clerk. Such request
for a hearing shall set forth briefly the grounds or reasons on which
the request for a hearing is based and the factual matters contained
in the notice of violation which are to be disputed at the hearing.
The Township Clerk, upon receipt of the requests, shall within 30
days therefrom and upon five days' notice to the party aggrieved set
the matter down for hearing before the Township Committee.
E.
Determination at hearing. At any hearing provided
hereunder the Township Committee shall be vested with all the powers
provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoena; to require by subpoena
the production of books, records or other documents at any such hearing
which may be pertinent to matters to be determined by it; and to enforce
any such subpoena or secure any order for the enforcement of any such
subpoena as provided by law. Determination shall be made within 14
days from the completion of the hearing. The Township Committee shall
issue an order either incorporating the determinations and directions
contained in the notice, modifying the same or withdrawing the notice.
F.
Extensions of time. The Township Committee may extend
the time for correction or abatement of violations for an additional
period of time deemed reasonable by the Township Committee beyond
the expiration date of the original notice. The enforcing official
may also extend the time for correction or abatement, subject to written
recommendation by the enforcing official to the Township Committee
and approval of the proposed extension by the Committee.
G.
Summary abatement in emergency; notice and hearing
not required. Where the violation or condition existing on the premises
is of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Township Committee may either
abate the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a period
of time not to exceed three days, and upon failure to do so, the Township
Committee shall abate the condition immediately thereafter.
H.
Cost of any abatement to be a lien against premises.
Where abatement of any nuisance as defined herein, correction of a
defect in the premises or the maintenance of the premises in a proper
condition so as to conform to municipal ordinances or state laws applicable
thereto requires expending Township moneys therefor, the enforcing
officer shall present a report of work proposed to be done to accomplish
the foregoing to the Township Committee. The report shall include
an estimate of the cost of the work required along with a summary
of the proceedings undertaken by the enforcing officer to secure compliance,
including notices served upon the owners, operators, lessors or agents,
as the case may be, and hearings and orders of the Township Committee,
with reference thereto. The Township Committee may thereupon order
the abatement of the nuisance, correction of the defect and completion
of the work necessary to place the premises in proper condition and
in compliance with ordinances of the Township and laws of the state.
The enforcing officer may thereafter proceed to have the work performed
in accordance with the order at Township expense not to exceed the
amount specified in the order and shall, upon completion thereof,
submit a report of the moneys expended and costs to the Township Council.
After review of the same, the Township Committee may approve the expenses
and costs, by resolution, whereupon the same shall become a lien against
the premises collectible as provided by law. A copy of the resolution
approving the expenses and costs shall be certified by the Township
Clerk and filed with the Tax Collector of the Township who shall be
responsible for the collection thereof, and a copy of the resolution
shall be sent by certified and regular mail to the owner.
A.
Fines for violations. A violation of any section or
subsection of this code shall be subject, upon conviction, to a fine
of up to but not exceeding $1,000 for each violation.
B.
Meaning of "each violation." Each violation of a section
or subsection of this code shall constitute a separate and distinct
violation independent of any other section or subsection or any order
issued pursuant to this code. Each day's failure to comply with any
such section or subsection shall constitute a separate violation.
C.
Additional penalty for second violation. Where an owner, operator or occupant has been convicted of a violation of this code and within 12 months thereafter has been found by the Judge of the Municipal Court to be guilty of a second violation, the Court may, if it finds that the second offense was willful and inexcusable, sentence the offender, in addition to or in lieu of the fine set forth in Subsection A, to imprisonment in the county jail for a period not to exceed 90 days.
E.
Fine as a lien. In the event of the imposition of
a fine or penalty by the Municipal Court or any other court of competent
jurisdiction against the owner, operator or lessor of any building
or structure in the Township required to be registered for violation
of any Township ordinance or any state law applicable to the Township,
the fine or penalty, if unpaid within 30 days of imposition, shall
be collectible as a lien against the premises, in addition to any
other remedies provided by law.
[Adopted 8-11-2016 by Ord. No. 2016-8]
A.
Findings.
(1)
The Township of Chesterfield, like many municipalities, suffers from
structures that are vacant or abandoned, and in many cases, the owners
or responsible parties of these structures are neglectful of them,
are not maintaining or securing them to an adequate standard, or restoring
them to productive use.
(2)
It has been established that vacant and abandoned structures cause
severe harm to the health, safety and general welfare of the community,
including diminution of neighboring property values, increased risk
of fire, potential increases in criminal activity and public health
risks.
(3)
The Township incurs disproportionate costs in order to deal with
the problems of vacant and abandoned structures, including but not
limited to, police calls, fire calls and property inspections.
B.
Purpose.
(1)
The state enacted Public Law 2014, c. 35 as a means to assist municipalities
in abating these health and safety problems by allowing the adoption
of local ordinances which require out-of-state creditors to take responsibility
for the care, maintenance, security and upkeep of vacant and abandoned
properties.
(2)
It is in the public interest for the Township to establish minimum
standards of accountability for the owners or other responsible parties
of vacant and abandoned structures in order to protect the health,
safety and general welfare of the residents of the Township.
(3)
It is in the public interest for the Township to impose a fee in
conjunction with the registration of vacant and abandoned structures
in light of the disproportionate costs incurred by the Township due
to the presence of these structures.
(4)
The Township is authorized to impose fines against creditors and
their agents for failure to adhere to the ordinance and its due process
requirements.
As used in this section, the following words shall have the
following meanings:
Includes 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.S.A. 46:10B-51 (P.L. 2008,
c. 127, Sec. 17, as amended by P.L. 2009, c. 296 and P.L. 2012, c.
70, and P.L. 2014, c. 35), or any other entity determined by the Township
to have authority to act with respect to the property.
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 and 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.
Effective September 1, 2016, or 30 days after adoption of this
article, whichever shall occur sooner, the owner of any vacant property
as defined herein shall, within 30 calendar days after the building
becomes vacant property or within 30 calendar days after assuming
ownership of the vacant property, whichever is later; or within 10
calendar days of receipt of notice from the municipality, file a registration
statement for such vacant property with the Township Code Enforcement
Officer on forms provided by the Township for such purposes. The owner
of any property which meets the definition of vacant property at the
time of the effectiveness of this article shall have 30 days to register
the property. Any failure to provide notice by the municipality shall
not constitute grounds for failing to register the property. A creditor
serving a summons and complaint in an action to foreclose on a mortgage
on residential property in the Township shall, within 10 days of serving
the summons and complaint, notify the Township Clerk that an action
has been filed on a property and shall provide the creditor's
contact information, and shall submit to the registration requirements
detailed herein.
A.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
B.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years or older, designated by the owner as the authorized agent for
receiving notices of code violations and for receiving process in
any court proceeding or administrative enforcement proceeding on behalf
of such owner in connection with the enforcement of any applicable
code.
C.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the property. The individual or representative of
the firm responsible for maintaining the property shall be available
by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week
basis. The two entities may be the same or different persons. Both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey.
D.
The registration shall remain valid for one year from the date of
registration except for the initial registration which shall be valid
through December 31 of the year in which it was filed. The owner shall
be required to renew the registration annually as long as the building
remains a vacant property and shall pay a registration or renewal
fee in the amount prescribed in this ordinance for each vacant property
registered.
E.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
F.
The owner shall notify the Clerk within 15 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Clerk for such purpose. The owner
shall have a continuing obligation to maintain true and accurate registration
information with the Township.
G.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township against the owner of
the building.
The owner of any vacant property registered under this article
shall provide access to the Township to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes upon reasonable notice to the owner or its designated agent.
Such inspections shall be carried out on weekdays during the hours
between 9:00 a.m. and 4:00 p.m. or at such other time as may be mutually
agreed upon between the owner and the Township.
A.
An Owner who meets the requirements of this section with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
B.
By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any owner who has designated
an authorized agent under the provisions of this section shall be
deemed to consent to the continuation of the agent's designation
for the purposes of this section until the owner notifies the Township
in writing of a change of authorized agent or until the owner files
a new annual registration statement.
C.
Any owner who fails to register vacant property under the provisions
of this article shall be deemed to consent to receive, by posting
on the building in plain view, and by service of notice at the last
known address of the owner of the property on record within the Township
by regular and certified mail, any and all notices of code violations
and all process in an administrative proceeding brought to enforce
code provisions concerning the building, including, but not limited
to, enforcement of this section.
See § 110-152.
In addition to the registration of the property pursuant to
this section, the owner of any building that has become vacant property
and any person maintaining or operating or collecting rent for any
such building that has become vacant shall within 30 days of the inception
of any vacancy:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code, or as set forth
in the rules and regulations supplementing those codes; and
B.
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent
and the person responsible for the day-to-day supervision and management
of the building, if such person is different from the owner holding
title or authorized agent. The sign shall be protected from the weather
by plastic covering and be of a size and placed in such a location
so as to be visible and legible to a person standing at the front
door of the main building, but shall be no smaller than eight inches
by 10 inches; and
C.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
D.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from trash, debris, loose litter, and grass and weed growth;
and
E.
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete; and
F.
Maintain liability insurance on the property in an amount not less
than $200,000 per incident.
A.
This article may be enforced by the Zoning Officer, Code Enforcement
Officer, Director of Public Works, Construction Code Official and
all sworn law enforcement officers.
B.
Any person who violates any provision of this article or of the rules
and regulations pertaining to the care, maintenance, security or upkeep
of the property shall be subject to a fine of $1,500 for each day
of the violation. Every day that a violation continues shall constitute
a separate and distinct offense. Fines assessed under this chapter
shall be recoverable from the owner and shall constitute a lien on
the property. Any fines imposed pursuant to this subsection shall
commence 31 calendar days following receipt of notice, except if the
violation presents an imminent risk to public health and safety, in
which case any fines shall commence 11 days following receipt of the
notice.
C.
For purposes of this section, failure to file a registration statement
by a creditor subject to the registration requirements who is 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
and register an agent 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 set forth in N.J.S.A. 46:10B-51 and this
ordinance for providing notice to the municipal clerk that a summons
and complaint in an action to foreclose on a mortgage has been served.
D.
Not less than 20% of any money collected pursuant to this ordinance
shall be utilized by the Township for municipal Code enforcement purposes.
