[HISTORY: Adopted by the Township Committee
of the Township of Mannington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-28-1962 by Ord. No. 0-8-31-62; amended in its entirety 9-3-1987 by Ord. No. 87-5]
[Amended 7-31-2000 by Ord. No. 00-03]
Whenever the Zoning Officer of the Township
of Mannington shall determine that there exists upon any lands lying
within the limits of the said Township brush, weeds, including ragweed,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris, removal or destruction of which may be necessary
and expedient for the public health, safety or general welfare or
to eliminate a fire hazard, the Zoning Officer of the Township of
Mannington shall give notice in writing to the owner or owners, tenant
or tenants of such land to remove or destroy such brush, weeds, including
ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash and debris within 10 days after such notice. Such notice
shall be given by personal service or by certified mail, return receipt
requested, directed in the case of an owner to the address of such
owner as the same appears upon the current tax duplicate of the Township
of Mannington and, in the case of a tenant, to his or her post office
address or to the street address of the lands in question.
It shall be the duty of the owner or owners,
tenant or tenants of such lands to remove or destroy such brush, weeds,
including ragweed, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris within 10 days after notice
given as hereinabove provided.
A.
Should the owner or owners, tenant or tenants to whom
such notice is given refuse or neglect to remove or destroy such brush,
weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris within the ten-day period
prescribed in such notice, the Superintendent of Roads of the Township
of Mannington if so directed by the Township Committee shall proceed
to remove or destroy such brush, weeds, including ragweed, dead and
dying trees, stumps, roots, obnoxious growths, filth, garbage, trash
and debris or cause the same to be removed or destroyed under his
or her direction.
B.
Upon completion of such removal or destruction the
Superintendent of Roads shall certify the cost thereof to the Township
Committee, which Township Committee shall examine the certificate
and if it shall be found correct, the Township Committee shall cause
the cost as shown thereon to be charged against the lands from which
said brush, weeds, including ragweed, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris shall have
been removed or destroyed.
C.
The amount so charged shall forthwith become a lien
upon such lands and shall be added to and become and form a part of
the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes and shall be controlled
and enforced by the same officers and in the same manner as taxes.
[Amended 7-6-2006 by Ord. No. 06-10]
Violations of this chapter shall be punishable as provided in § 1-15 of this Code.
[Adopted 11-6-2014 by Ord. No. 14-07]
In accordance with N.J.S.A. 40:48-2.12s, all vacant and abandoned
residential properties in which a summons and complaint in an action
to foreclose have been filed shall be subject to the following standards
with regard to the care, maintenance, security, and upkeep of the
exterior of the properties.
A.
The premises shall be kept free of litter (including, without limiting
the generality of the foregoing, discarded, windblown, deposited,
dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes
and broken glass) and of all nuisances and hazards to the safety of
pedestrians and other persons having access to the premises, and free
of unsanitary conditions; any of the foregoing shall be promptly removed
and abated. The word "hazards" shall include, but is not limited to,
the following:
(1)
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, rubbish, refuse and debris of any description.
(2)
Natural growth: dead and dying trees and other natural growth which,
by reason of rotting or deteriorating conditions or storm damage,
are or may be dangerous to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions.
(3)
Overhangings: loose, overhanging and projecting objects and accumulations
of ice and snow, which, by reason of location above ground level,
constitute dangers to persons in the vicinity thereof.
(4)
Ground surface and unsanitary conditions: holes, excavations, breaks,
projections, obstructions and excretion of pets or other animals on
paths, sidewalks, walks, driveways, parking lots and parking areas
and other parts of the exterior of the premises which are accessible
to and used by persons having access to such premises.
(5)
Recurring accumulation of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate recurrent accumulations of
stormwater.
(6)
Sources of infestation.
(7)
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
(8)
Chimneys and flue and vent attachments thereto. Chimneys and flue
and vent attachments thereto shall be maintained structurally sound,
safe, durable, smoketight and capable of withstanding the action of
flue gases.
(9)
Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained structurally
sound, in good repair, well painted or otherwise provided with a protective
treatment to prevent deterioration, and free from defects.
B.
Exterior of the premises. The exterior of the premises shall be maintained
so that the appearance thereof shall reflect a level of maintenance
in keeping with the standards of the neighborhood or such higher standards
as may be adopted by the Township of Mannington and such that the
appearance thereof shall not constitute a blighting effect upon neighboring
properties nor an element leading to a progressive deterioration and
downgrading of neighboring properties with an accompanying diminution
of property values, including the following:
(1)
The exterior of every building shall be maintained in good repair,
and all exterior surfaces thereof shall be kept painted or otherwise
provided with a protective treatment, where necessary, for purposes
of preservation and appearance.
(2)
All exterior surfaces thereof shall be maintained free from broken
glass, loose shingles or siding, crumbling masonry, excessively peeling
paint or other conditions reflective of deterioration or inadequate
maintenance to the end that the building itself may be preserved,
safety and fire hazards eliminated and adjoining properties and the
neighborhood protected from blighting influences.
C.
Landscaping. Where exposed to public view, the landscaping of the
premises shall be maintained in an orderly state, with lawns and bushes
trimmed and free from becoming overgrown, littered and unsightly where
such would constitute a blighting effect, depreciating adjoining and
nearby property. Open areas shall be graded evenly to eliminate holes,
depressions, gullies, mounds, accumulations of debris or other unsightly
or unsafe conditions.
D.
Security. The premises shall be enclosed and secured against unauthorized
entry.
Any and all creditors filing a summons and complaint in an action
to foreclose shall be responsible for the care, maintenance, security,
and upkeep of the exterior of the vacant and abandoned residential
property as set forth herein, and if located out of state, shall be
responsible for appointing an in-state representative or agent to
act for the foreclosing creditor.
A public officer, appointed pursuant to P.L. 1942, c. 112 (N.J.S.A.
40:48-2.3 et seq.), or any other local official responsible for administration
of any property maintenance or public nuisance code may issue a notice
to the creditor filing the summons and complaint in an action to foreclose
if the public officer or other authorized municipal official determines
that the creditor has violated this article by failing to provide
for the care, maintenance, security, and upkeep of the exterior of
the property. Such notice shall require the person or entity to correct
the violation within 30 days of receipt of the 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 pursuant
to this section shall constitute clear and convincing evidence or
proof that a property is vacant and abandoned for the purposes of
Subsection a. of Section 1 of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73).
Any and all out-of-state creditors subject to this article shall
include the full name and contact information of the in-state representative
or agent in the notice required to be provided pursuant to Paragraph
(1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
Any out-of-state creditor subject to this article and found
by a municipal 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 the
failure to appoint an in-state representative or agent shall commence
on the day after the ten-day period set forth in Paragraph (1) of
Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51)
for providing notice to the municipal clerk that a summons and complaint
in an action to foreclose on a mortgage has been served.
Any creditor subject to this article found 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 section shall commence 31 days following
receipt of the 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.
No less than 20% of any money collected pursuant to this article
shall be utilized by the Township of Mannington for municipal code
enforcement purposes.[1]
[1]
Editor's Note: Former Art. III, Abandoned Residential Property
Registration, consisting of §§ 102-12 through 102-20,
which immediately followed this section, adopted 7-6-2017 by Ord.
No. 17-02, was repealed 2-3-2022 by Ord. No. 22-01.
