[Ord. No. 17-2008, § 1]
(a)
The purpose of this article is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance,
appearance and condition of residential and nonresidential premises.
It fixes certain responsibilities upon owners, operators, occupants
and other persons. It also fixes penalties for the violation of this
article and provides procedures for correcting violations in those
cases requiring Borough action. This article is hereby declared to
be remedial, protective preventative and essential for the public
interest, and it is intended that this article be liberally construed
to effectuate the purposes as stated herein.
(b)
Every residential and nonresidential structure and the premises on
which it is situated in the Borough, used or intend to be used for
dwelling, commercial, business or industrial occupancy, shall comply
with the provisions of this article, whether or not such structure
shall have been constructed, altered or repaired before or after the
enactment of this article, and irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the structure
or for the installation or repair of equipment or facilities prior
to the effective date of this article. This article establishes minimum
standards for the maintenance of all buildings and does not replace
or modify standards otherwise established for the habitability, construction,
repair, alteration or use of the building, equipment, or facilities
contained therein, except as may be provided in Section 29-4.
[Ord. No. 17-2008, § 1]
The following terms, wherever used herein or referred to in
this article, shall have the respective meanings assigned to them,
unless a different meaning clearly appears from the context:
Any unlicensed or unregistered motor vehicle which is not
capable of operation or has been in an inoperable condition for more
than seven calendar days.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, peeling, rusting or other evidence
of physical decay or neglect, lack of maintenance or excessive use.
Any premises or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public.
The open space on the premises and on adjoining premises
under the control of the owners or operators on the outside of the
premises.
The control and elimination of insects, rodents or other
pests by eliminating their nests or harborage places, by removing
or making inaccessible those materials that may serve as their food,
by poison, spraying, fumigating, trapping, or by any other approved
pest elimination methods.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
The presence, within or contiguous to the structure or premises,
of insects, rodents, vermin or other pests.
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
machinery, machines, unregistered motor vehicles which are unfit for
operation, used parts of motor vehicles and any material commonly
known and generally referred to as "junk" in the ordinary and accepted
meaning of the word.
Any public nuisance as defined by statute or ordinance or at
common law.
Any unattractive nuisance which may prove detrimental to the
health or safety of children, whether in a building, on the premises
of a building or upon an unoccupied lot. This includes but is not
limited to abandoned motor vehicles, abandoned cesspools, abandoned
wells, shafts, basements, excavations, abandoned refrigerators, any
structurally unsound fences or structures, used lumber, trash, junk,
debris or vegetation, such as poison ivy, poison oak or poison sumac,
which may prove hazardous.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Insufficient ventilation or illumination in violation of this
article.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this article.
Unsanitary conditions or anything offensive to the senses or
dangerous to health, in violation of this article.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person living or sleeping in a building or having possession
of a space within a building.
Any person who has charge, care or control of a dwelling
or premises or a part thereof, whether with or without, the knowledge
and consent of the owner.
Any person or entity 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 unit as owner or as executor, administrator,
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 shall have joint responsibility over the portion of the premises
sublet or assigned by said lessee.
A lot, plot or parcel of land, including the buildings or
structures thereon. For the purpose of this article, a vacant lot
shall be defined as a "lot."
REFUSEAll putrescible and nonputrescible solid waste, except body wastes, including but not limited to garbage, rubbish, ash, street cleanings, dead animals, abandoned motor vehicles and solid market and industrial wastes. (See also "garbage" and "rubbish.")
RUBBISHNonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as wrappings, cigarettes, cardboard, bedding, crockery and similar materials. (See also "garbage" and "refuse.")
[Ord. No. 17-2008, § 1]
In any case where the provisions of this article impose a higher
standard than set forth in any local ordinance or under the laws of
the state, then the standards as set forth herein shall prevail, but
if the provisions of this article impose a lower standard than any
other local ordinance or the laws of the state, then the higher standard
contained in any such other ordinance or law shall prevail.
[Ord. No. 17-2008, § 1]
No license, permit or other certification of compliance with
this article shall constitute a defense against any violation of any
other local ordinance applicable to any structure or premises, nor
shall any provision herein relieve any owner, operator, or occupant
from complying with any such other provision or any official of the
Borough from enforcing any such other provision.
[Ord. No. 17-2008, § 1]
(a)
Owners and operators shall have all the duties and responsibilities
described in this article, and no owner or operator shall be relieved
from any such duty and responsibility or be entitled to defend against
any charge or violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
(b)
Occupants shall have all the duties and responsibilities as prescribed
in this article and all the regulations promulgated thereto, and the
occupants shall not be relieved from any such duty and responsibility
or be entitled to defend against any charge or violation thereof by
reason of the fact that the owner is also responsible therefor and
in violation thereof.
(c)
Unless expressly provided to the contrary in this article, the respective
obligations and responsibilities of the owner and operator on one
hand and the occupant on the other shall not be altered or affected
by any agreement or contract by and between any of the aforesaid or
between them and other parties.
[Ord. No. 17-2008, § 1]
(a)
Appearance of exterior of premises and structures. The exterior of
premises, the exterior of structures and the condition of accessory
structures shall be maintained so that the appearance of the premises
and structures shall not constitute a blighting factor on adjoining
property.
(b)
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which such occupant occupies or controls
in a clean and sanitary condition. [Section 302.1 of the BOCA 2000
International Property Maintenance Code]
(c)
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair and maintained free from hazardous conditions. [Section 302.3
of the BOCA 2000 International Property Maintenance Code]
(d)
Exhaust vents. Pipes, ducts, conductors, fans and blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant. [Section 302.6 of the
BOCA 2000 International Property Maintenance Code]
(e)
Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair. [Section 302.7 of the BOCA 2000 International
Property Maintenance Code]
(f)
General exterior structure. The exterior of every structure or accessory
structure, including fences, shall be maintained in good repair. The
same shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, peeling paint or other conditions reflective of deterioration
or inadequate maintenance to the end that the property itself may
be preserved, safety and fire hazards eliminated and adjoining properties
protected from blighting influences.
(g)
Exterior painting. All wood and metal surfaces, including but not
limited to window frames, doors, door frames, cornices, porches and
trim shall be maintained in good condition. Peeling, flaking and chipped
paint shall be eliminated and surfaces repainted. [Section 303.2 of
the BOCA 2000 International Property Maintenance Code]
(h)
Structural members. All structural members shall be maintained free
from deterioration and shall be capable of safely supporting the imposed
dead and live loads. [Section 303.4 of the BOCA 2000 International
Property Maintenance Code]
(i)
Foundation walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
as to prevent the entry of rats. [Section 303.5 of the BOCA 2000 International
Property Maintenance Code]
(j)
Exterior walls. All exterior walls shall be free from holes, breaks,
and loose or rotting materials; and shall be maintained weatherproof
and properly surface-coated where required to prevent deterioration.
[Section 303.6 of the BOCA 2000 International Property Maintenance
Code]
(k)
Roofs and drainage. The roof and flashing shall be sound, tight and
shall not have defects that admit rain. Roof drainage shall be adequate
to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance. [Section 303.7
of the BOCA 2000 International Property Maintenance Code]
(l)
Decorative features. All cornices, belt courses, corbels, terra-cotta
trim, wall facings and similar decorative features shall be maintained
in good repair, with proper anchorage, and in a safe condition. [Section
303.8 of the BOCA 2000 International Property Maintenance Code]
(m)
Overhang extensions. All canopies, marquees, signs, metal awnings,
fire escapes, standpipes, exhaust ducts and similar overhang extensions
shall be maintained in good repair and shall be properly anchored
so as to be kept in a sound condition. When required, all exposed
surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials
such as paint or similar surface treatment. [Section 303.9 of the
BOCA 2000 International Property Maintenance Code]
(n)
Stairways, decks, porches and balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good repair, with proper anchorage,
and capable of supporting the imposed loads. [Section 303.10 of the
BOCA 2000 International Property Maintenance Code]
(o)
Chimneys and towers. All chimneys, cooling towers, smokestacks and
similar appurtenances shall be maintained structurally safe and sound
and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment. [Section 303.11 of the BOCA 2000 International
Property Maintenance Code]
(p)
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition. [Section 303.12 of the BOCA 2000 International
Property Maintenance Code]
(q)
Motor vehicles.
(1)
No inoperable motor vehicle, currently unregistered motor vehicle
or motor vehicle without a current valid license plate shall be parked,
stored or left on any property for more than one week, unless such
vehicle is:
(2)
Parking of motor vehicles on lawns or yards is prohibited, except
for temporary emergency parking not to exceed 24 hours or as may be
necessary for an occupant to comply with the winter parking regulations
established by the Borough.
(r)
Defacement of property. No person shall willfully or wantonly damage,
mutilate or deface any exterior surface of any structure or building
on any private or public property by placing thereon any markings,
carving or graffiti. It shall be the responsibility of the owner to
restore said surface to an approved state of maintenance and repair.
[Section 302.9 of the BOCA 2000 International Property Maintenance
Code]
(s)
Accumulation of rubbish or garbage. All exterior property and premises
shall be free from any accumulation of rubbish or garbage.
[Ord. No. 17-2008, § 1]
(a)
There shall not be stored or used, at a location visible from the
sidewalk, street or other public areas, equipment and materials relating
to commercial or industrial use, unless permitted under the Borough's
Zoning Ordinance for the premises.
(b)
Under no circumstances shall any of the stored materials exceed the
height of the appropriate fencing for the specific zone.
[Ord. No. 17-2008, § 1]
Landscaping of all premises shall be properly maintained, with
lawns, hedges and bushes kept trimmed and from becoming overgrown
and unsightly where exposed to public view and where the same constitutes
a blighting factor depreciating adjoining property.
[Ord. No. 17-2008, § 1]
All storefronts shall be kept in good repair, painted where
required, and shall not constitute a safety hazard or nuisance. In
the event that repairs to a storefront become necessary, such repairs
shall be made with the same or similar materials used in the construction
of the storefront in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a storefront shall be kept
painted, where required, and in good repair.
[Ord. No. 17-2008, § 1]
All signs permitted by reason of other regulations or as a lawful
nonconforming use shall be maintained in good repair, and printed
matter, pictures or illustrations contained thereon shall be completely
maintained or, when no longer in use, completely removed. All nonoperative
or broken electrical signs shall be repaired or shall, with their
supporting members, be removed forthwith.
[Ord. No. 17-2008, § 1]
All reconstruction of walls and sidings shall be of standard
quality and appearance commensurate with the character of the properties
in the same block and on both sides of the street on which the premises
fronts, such that the materials used are not of a kind that, by their
appearance under prevailing appraisal practices and standards, will
depreciate the value of the neighboring and adjoining premises.
[Ord. No. 5-2013, § 1[1]]
(a)
Definition. An "unoccupied or vacant building" shall mean any building
intended for residential use which is not currently occupied or in
use. For the purpose of the enforcement of this article, a presumption
shall exist that a building vacant or unoccupied for six consecutive
months is not currently occupied or in use.
(b)
Basic equipment and facilities. Every unoccupied or vacant building
must comply with the following minimum standards for basic equipment
and facilities:
(1)
Plumbing. Every existing plumbing fixture shall be properly installed
and be in sound condition and good repair.
(2)
Electricity. Every existing outlet and fixture shall be properly
connected. Wiring and service lines shall be maintained in good and
safe working condition.
(3)
Heating plant. The heating plant shall be maintained in a safe condition.
(4)
Cooking equipment. All cooking equipment shall be maintained in a
safe condition.
(c)
Safety from fire. All owners of unoccupied or vacant buildings shall
comply with the applicable provisions of the Borough Fire Prevention
Ordinance[2] and the following additional standards for safety from
fire:
(1)
No unoccupied or vacant building shall contain any space utilized
for the storage of flammable liquids.
(2)
No room within any vacant or unoccupied building shall be used for
storage of junk, rubbish or wastes, furniture or building materials
not intended to be used in the existing building.
(3)
The early detection and containment of fire being a valid municipal
concern, the boarding up of doors and windows shall not be permitted
except with the permission of the Code Enforcement Officer in emergency
situations. When doors and windows are boarded up, they shall be covered
with no less than 1/2 inch exterior plywood or equivalent, which shall
be the same color as the building exterior. In no case shall boarding
up of doors and windows be permitted in excess of 90 days without
a waiver from the Borough Council.
(4)
All windows within 20 feet of the ground or which may be readily
accessible shall be secured with security screens, bars and/or grilles,
and the security screens, bars and/or grilles on open windows shall
include quick-release mechanisms, both of which shall be subject to
the approval of the Code Enforcement Officer.
(d)
Safe and sanitary maintenance. All unoccupied or vacant buildings
shall comply with the following minimum standards for safe and sanitary
maintenance:
(1)
Every foundation, exterior wall or exterior roof shall be weathertight,
watertight, and rodentproof, shall be kept in sound condition and
good repair and shall be safe to use and capable of supporting the
load which normal use may cause to be placed thereon.
(2)
Every floor, interior wall and ceiling shall be substantially rodentproof,
shall be kept in sound condition and good repair and shall be safe
to use and capable of supporting the load which normal use may cause
to be placed thereon.
(3)
Every window, exterior door and basement or cellar door and hatchway
shall be weather tight, watertight, rodent proof and locked and shall
be kept in sound working condition and good repair.
(4)
Every inside and outside stair, porch and any appurtenance thereto
shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon and shall be kept in sound condition
and good repair.
(5)
Every yard shall be properly graded so as to prevent the accumulation
of stagnant water.
(6)
There shall be a controlled method of disposing of water from roofs
by use of gutters and downspouts, which shall be installed and maintained
in sound condition, free of leaks and obstructions.
(7)
Every building's cellar, basement and crawl space shall be maintained
reasonably free from dampness.
(8)
The exterior of every building or accessory building shall be maintained
free of broken windows, loose shingles, crumbling stone or brick or
excess peeling paint.
(9)
The exterior of the premises and the condition of any accessory buildings
shall be maintained so that the appearance of the premises and all
buildings thereof shall reflect a level of maintenance in keeping
with the standards of the neighborhood and such that the appearance
of the premises and buildings shall not constitute a blighting factor
for adjoining property owners or an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
[1]
Editor’s Note: Section 3 of this ordinance provided
for the renumbering of former §§ 29-12 through 29-16
as §§ 29-13 through 29-17, respectively.
[Ord. No. 17-2008, § 1]
(a)
The duty of enforcing the provisions of this article is hereby conferred
upon the Zoning Official, Construction Official, Fire Prevention Official,
Chief of Police, Board of Health and their designees, each of whom
shall be deemed a Code Enforcement Officer and shall have all powers
conferred upon them by this article or as may reasonably implied.
(b)
Whenever the Code Enforcement Officer determines that there is or
has been a violation of any provision of this article, then notice
of the violation shall be given. Said notice shall be in writing and
shall include a concise statement of the alleged violation.
(c)
A notice of violation shall be served either by hand delivery to
the property owner or operator or by leaving a copy at his or her
usual place of abode with a person not less than 16 years of age,
or by certified or registered mail, return receipt requested, to the
owner at the last known address as shown on the most recent municipal
tax duplicate of the Borough, or upon the operator at the property
address. Should service by hand delivery or post be unsuccessful,
then service shall be made by posting a copy of the notice of violation
at a conspicuous place on the subject premises and by sending a copy
by regular mail to the owner at the last known address as shown on
the most recent municipal tax duplicate of the Borough.
(d)
A notice of violation shall state that, unless the alleged violation
is abated, removed or cured within 10 days of the date of service
(exclusive of the date of service itself), then a summons shall be
issued. The Code Enforcement Officer may, in the Officer's discretion,
extend the time period for compliance if, in his or her judgment,
it is believed that the alleged violation cannot reasonably be completely
corrected within 10 days. In such case, the notice of violation shall
set forth the length of time provided to cure the violation.
(e)
In the event that the alleged violation is not fully remedied within
the time period stated in the notice of violation, or such additional
time as the Code Enforcement Officer may afford, then a summons shall
be issued against the person, persons or entities so notified. Should
the same alleged violation continue unabated, the Code Enforcement
Officer may issue an additional summons or summonses without the need
to serve a notice of violation anew.
[Ord. No. 17-2008, § 1]
Nothing contained herein shall limit the power of the persons
or agencies charged with enforcement power to take such further action
under the criminal and civil laws of New Jersey in any court of competent
jurisdiction as may be necessary to remove or abate any nuisance.
[Ord. No. 17-2008, § 1]
Upon issuance of a notice of violation pursuant to this article,
the property owners, operators or occupants shall correct the condition
and notify the enforcement officer or agency that said condition has
been corrected. A compliance inspection shall then be made. Should
full compliance not be achieved at the time of the inspection, the
Borough shall be reimbursed for the cost of all reinspections by the
property owner. Failure to reimburse the Borough shall result in a
lien for said cost being placed against the property.
[Ord. No. 17-2008, § 1]
Where abatement of any nuisance as defined herein was accomplished
and the premises brought into compliance with this article through
the expenditure of Borough funds, such costs shall be assessed against
the premises cited as a lien in the same manner as real estate taxes,
if ordered by the court, and shall be enforced by the same officers
and in the same manner as taxes.
[Ord. No. 17-2008, § 1; Ord. No. 5-2013, § 2]
Any person, firm or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in the Revised Ordinances of the Borough of Morris Plains, Chapter 1, Section 1-9.
[Ord. No. 16-2014, § 2[1]]
As used in this article, the following terms shall have the
meanings indicated:
The Borough officers designated in Section 29-13 of this
chapter.
Any person, or any federal or state chartered bank, savings
bank, savings and loan association, credit union, or any other financial
institution, or other entity servicers, located in-state or out-of-state,
who serves a summons and complaint in an action to foreclose on a
mortgage on residential property located in the Borough of Morris
Plains.
Any real property and the improvements, buildings, structures
thereon used for residential purposes.
[1]
Editor's Note: Section 1 of this ordinance provided for the
designation of §§ 29-1 through 29-17 as Article 1.
[Ord. No. 16-2014, § 2]
Any creditor filing a summons and complaint in an action to
foreclose on a mortgage on residential property or properties shall
be responsible for the care, maintenance, security and upkeep of the
exterior of the vacant and abandoned residential property or properties
and if the creditor is located out-of-state, shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor.
[Ord. No. 16-2014, § 2]
(a)
Any creditor filing a summons and complaint in an action to foreclose
on a mortgage on residential property located in the Borough of Morris
Plains shall, within 10 days of serving the summons and complaint,
provide written notice to the Borough Clerk that an action to foreclose
on a mortgage has been filed against the subject property. The written
notice to the Borough Clerk may contain information about more than
one property and the written notice shall be provided to the Borough
Clerk by regular or certified mail, courier service, or confirmed
facsimile transmission. The Borough Clerk shall forward a copy of
such written notice to the Code Enforcement Officer.
(b)
The written notice to the Borough Clerk required pursuant to Paragraph
(a) above shall contain for each property identified in the notice:
1) the street address and block and lot number of the property; 2)
the full name, address and contact information of an individual located
within the State of New Jersey who is authorized to accept service
on behalf of the creditor; 3) the name and contact information for
the representative or agent of the creditor who is responsible for
receiving complaints of property maintenance and code violations;
4) if the creditor is located out-of-state, the full name, address
and contact information of an in-state representative or agent who
shall be responsible for the care, maintenance, security and upkeep
of the exterior of the property if it becomes vacant, and abandoned;
and 5) if the property being foreclosed on is an affordable unit pursuant
to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., that the property
is subject to the Fair Housing Act.
(c)
Pursuant to the New Jersey Foreclosure Act, N.J.S.A. 2A:50-69 et
seq., any creditor that has initiated a foreclosure action on any
residential property located in the Borough of Morris Plains which
is pending in New Jersey shall provide to the Borough Clerk a listing
of all residential properties in the Borough for which the creditor
has foreclosure actions pending by street address and block and lot
number. The Borough Clerk shall forward a copy of such listings to
the Code Enforcement Officer.
[Ord. No. 16-2014, § 2]
(a)
If the owner of a residential property vacates or abandons any residential
property in the Borough on which a foreclosure action has been initiated,
or if a residential property in the Borough becomes vacant at any
point subsequent to the creditor's filing and serving of the summons
and complaint in an action to foreclose on a mortgage against the
subject property but prior to vesting of title in the creditor or
any other third party, and if the exterior of the property is found
to be a nuisance or in violation of any applicable state law or Borough
ordinance and the Code Enforcement Officer determines that the creditor
has violated the ordinance by failing to provide for the care, maintenance,
security and upkeep of the exterior of the property, the Code Enforcement
Officer shall provide the creditor or the in-state representative/agent
of an out-of-state creditor, as applicable, with written notice of
the violation, which notice shall include a description of the conditions
giving rise to the violation. The notice of violation to the creditor
shall require the creditor to correct or remedy the violation within
30 days from the creditor's receipt of the said notice, or within
10 days of receipt of the notice if the violation presents an imminent
threat to public health and safety. The issuance of a notice of violation
pursuant to this article shall constitute proof that a property is
"vacant and abandoned" for the purpose of N.J.S.A. 2A:50-73.
(b)
The creditor or in-state representative/agent shall have the responsibility
to abate the nuisance or correct the violation in the same manner
and to the same extent as the title owner of the property, to such
standard or specification as may be required by state law or Borough
ordinance.
[Ord. No. 16-2014, § 2]
(a)
A creditor subject to this article which is found by the Municipal
Court of the Borough of Morris Plains or by any other court of competent
jurisdiction to be in violation of the requirement to correct a care,
maintenance, security or upkeep violation cited in a notice issued
pursuant to this article shall be subject to a fine of $1,500 for
each day of the violation. Any fines imposed pursuant to this Paragraph
(a) shall commence 31 days following the creditor's receipt of notice
of violation except if the violation presents an imminent risk to
public health and safety, in which case any fines shall commence 11
days following the creditor's receipt of notice of violation.
(b)
An out-of-state creditor subject to this article which is found by
the Municipal Court of the Borough of Morris Plains 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 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 for providing notice to the
Borough Clerk that a summons and complaint in an action to foreclose
on a mortgage has been served.
(c)
No less than 20% of any money collected pursuant to Article 2 of
this chapter shall be utilized by the Borough for municipal code enforcement
purposes.
