[HISTORY: Adopted by the Common Council of
the City of Linwood as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fee ScheduleUnsafe buildings — See Ch. 106.
Uniform construction codes — See Ch. 119.
Littering — See Ch. 175.
Rental property — See Ch. 212.

[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.
The following sections are hereby revised:
A.
Section 101.1. The City of Linwood.
B.
Section 102.3. Application of other codes. Repairs,
additions or alterations to a structure, or changes of occupancy,
shall be done in accordance with the procedures and provisions of
the BOCA National Building Code, National Standard Plumbing Code,
BOCA National Mechanical Code, BOCA Fuel Gas Code, BOCA National Fire
Prevention and NEC National Electrical Code.
C.
Section 102.8. Requirements not covered by code. Requirements
necessary for the strength, stability or proper operation of an existing
fixture, structure or equipment, or for the public safety, health
and general welfare, not specifically covered by this code, shall
be determined by the Construction Code Official.
D.
Section 103.1. General. The Department of Property
Maintenance Inspection is hereby created and the executive official
in charge thereof shall be known as the Construction Code Official.
E.
Section 103.2. This section is hereby deleted in its
entirety.
F.
Section 103.3. This section is hereby deleted in its
entirety.
G.
Section 103.6. 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 a part hereof.
H.
Section 103.6A. Any person or persons found to be
in violation of this chapter may be subject to the following fines,
penalties and/or any combination thereof.
I.
Section 103.6B. Failure to comply with a notice of
violation within the reasonable time to be determined by the Code
Official may result in fine and penalties not less than $25 nor more
than $1,000.
J.
Section 103.6C. 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.
K.
Section 103.6D. 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.
L.
Section 103.6E. Any person who has taken out a construction
or demolition permit and who shall be found guilty of violating the
provisions of this chapter 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.
M.
Section 103.6E1. Each and every day that a violation
continues after proper notice shall be considered a separate offense.
N.
Section 104.1. General. The Construction Code Official
and/or his agents or assistants shall enforce all the provisions of
this code relative to the maintenance of external structures and premises
and shall be hereafter referred to as Code Enforcement Officers.
O.
Section 108.1. General. When a structure or equipment
is found by the Code Enforcement Official, Construction Official,
Building Subcode Official, or Zoning Officer to be unsafe. . . shall
be condemned pursuant to the provision of the Uniform Construction
Code.
P.
Section 111.1. Application for Appeal; Due Process.
Any person, persons, firm or corporation directly affected by a decision
of the code official or a notice or order issued under this code shall
have right to enter a plea of guilty to the violations and pay the
applicable penalties or shall have the right of appeal and may contest
the charge(s) in the Linwood Municipal Court. The Court shall handle
the matter in the same manner as all ordinance violations.
Q.
Section 111.1A. Penalties. Any person, persons, firm
or corporation violating the provisions of this chapter shall, upon
conviction thereof, be subject to a fine of not less than $100 nor
more than $1,000; or community service for a term of not less than
20 hours nor more than 40 hours; or any combination of these penalties.
Each and every day that a violation continues after proper notice
shall be considered a separate offense.
R.
Section 111.2 through Sections 111.6.2. These sections
are hereby deleted in their entirety.
S.
Section 111.8. This section is hereby deleted in its
entirety.
T.
Section 302.3. This section is hereby deleted in its
entirety.
U.
Section 302.7. Accessory Structures. All accessory
structures, including detached garages, sheds, fences and walls, shall
be maintained structurally sound and in good repair.
V.
Section 302.7.1. Gates. Gates which are required to
be self-closing and self-latching in accordance with the BOCA Building
Code shall be maintained . . .
W.
Section 303.14. April 1 through October 31.
X.
Section 305.3.1. This section is hereby deleted in
its entirety.
Y.
Section 505.1. General. Every sink, lavatory . . .
in accordance with the National Standard Plumbing Code . . .
Z.
Section 602.2. Residential Occupancies. Dwellings
shall be provided . . . National Standard Plumbing Code . . .
AA.
Section 602.3. October 1 through April 30. Every owner
. . . as indicated in 2000 International Mechanical Codes.
BB.
Section 602.4. October 1 through April 30.
CC.
Section 604.2. Service. The size and usage of appliances
. . . in accordance with the NEC Electrical Code.
DD.
Section 702.2. Aisles. The required width of aisles
in accordance with the BOCA Fire Code . . .
EE.
Section 702.3. Locked Doors. All means . . . permitted
by the BOCA Building Code.
FF.
Section 702.4. Emergency Escape Openings. Required
emergency escape . . . complies with the BOCA Building Code and .
. .
GG.
Section 704.2. Installation. Approved single-station
. . . accordance with the BOCA Fire Code.
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]
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 abandoned 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 and administered by the
Community Champions Corporation as a mechanism to protect neighborhoods
from becoming blighted due to the lack of adequate maintenance and
security of abandoned and foreclosed 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:
- ABANDONED REAL PROPERTY
- Any real property located in the municipality, whether vacant or occupied, that is in default 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, is subject to an application for a tax deed or pending tax assessors lien sale, 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.
- ACCESSIBLE PROPERTY/STRUCTURE
- 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.
- APPLICABLE CODES
- 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.
- A. Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or
- B. Properties whose maintenance is not in conformance with the maintenance of other neighboring properties, causing a decrease in value of the neighboring properties; or
- C. Properties cited for a public nuisance pursuant to the Municipality Code; or
- D. 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.
- ENFORCEMENT OFFICER
- 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).
- OWNER
- Any person, legal entity or other party having any ownership interest, whether legal or equitable, in real property. This term shall also apply to any person, legal entity or agent responsible for the construction, maintenance or operation of the property involved.
- PROPERTY MANAGEMENT COMPANY
- A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
- VACANT
- Any building or structure that is not legally occupied.
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.
Pursuant to the provisions of § 205-4, the municipality or designee shall participate in the county-wide registration program established by the Atlantic County Improvement Authority and administered by the Community Champions Corporation cataloging each abandoned property within the municipality, containing the information required by this article.
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 default by the mortgagor. 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 default, it shall be inspected
by the mortgagee or his designee monthly until 1) the mortgagor or
other party remedies the default, or 2) it is found to be vacant or
shows evidence of vacancy at which time it is deemed abandoned, and
the mortgagee shall, within 10 days of that inspection, 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.
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.
F.
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.
G.
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 vacant or in default.
H.
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.
I.
Failure
of the mortgagee and/or owner 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.
J.
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 this article and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance.
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.
The registration and penalty fees outlined in this article may
be modified by a resolution, passed and adopted of the Municipality
Commission of the Municipality of Linwood.