[HISTORY: Adopted by the Township Committee of the Township
of Blairstown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-13-2016 by Ord. No. 2016-06]
It is hereby found and declared that there exist in the Township
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment or maintenance, and,
further, that such conditions, including but not limited to structural
deterioration, a lack of maintenance or upkeep of essential facilities
and utilities and the existence of fire hazards and unsanitary conditions,
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Township. It is further
found and declared that, by reason of a lack of maintenance and the
ensuing progressive deterioration, certain properties have the further
effect of creating blighting conditions and that, by reason of timely
regulations and restrictions as herein contained, the growth of this
blight may be prevented and the neighborhood and property values thereby
maintained, the desirability and amenities of dwellings and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
It is also found that there is a need to regulate and limit the number
of vehicles and boats that can be parked or stored on properties to
avoid undue congestion and enhance the streetscape and aesthetic appearance
of the community.
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance
and condition of the exterior of residential and nonresidential premises;
to avoid, prevent and eliminate the maintenance of or creation of
hazards to the public health and safety; to avoid, prevent and eliminate
conditions which, if permitted to exist or continue, will depreciate
or tend to depreciate the value of adjacent or surrounding properties;
to prevent the creation, continuation, extension or aggravation of
blight; to regulate and limit the number of vehicles and boats that
may be parked or stored on properties; to fix certain responsibilities
and duties upon owners, operators and occupants of property; and to
provide for the administration and enforcement of this article.
A.
All vacant or improved properties shall comply with the provisions
of this code.
B.
Every residential and nonresidential structure used for residential,
commercial, business or industrial occupancy, including vacant structures,
and the premises on which they are situated in the Township, shall
comply with the provisions of this code, whether or not such structure
shall have been constructed, altered or repaired before or after the
enactment of this code 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 code.
In any case where the provisions of this code impose a higher
standard than that set forth in any ordinance 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 ordinance 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.
Nothing in this article shall limit or impair any existing remedies of the municipality, or its officers or agencies, relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary, enforcement of the brush, grass and weeds provisions set forth in Chapter 128, or the enforcement of the vacant/abandoned properties provisions of Chapter 132.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this article, be defined as follows:
The Zoning Officer, the Township Engineer, and/or the Blairstown
Township Police Department, or other public officer appointed by resolution
of the Township Committee, as specified herein below.
Any physical condition that is potentially dangerous, detrimental
or hazardous to the health or safety of persons on, near or passing
in proximity of the premises where said condition exists.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation residing in, living or sleeping in or
on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this article.
Any person, persons or entity, not the owner, who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title, in any form whatsoever, to any premises or part thereof, or
who shall have charge, care or control of any lot, premises, building,
structure or part thereof, as owner or agent of the owner or as fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part of or all of any building, structure or land shall be deemed
to be a co-owner with the lessor for the purposes of this article
and shall have responsibility over that portion of the premises so
sublet, leased or assigned.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon which are exposed to public view or are visible
from the streetscape or from adjoining or adjacent properties, including
all outside surfaces and appurtenances thereto, and the open space
on the premises outside any building or structure erected thereon.
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this article, and no such person
or entity shall be relieved of any such duty, obligation or responsibility
hereunder, nor may any such person or entity assert as a defense against
any charge made under this article that another owner, operator or
occupant or any other third person or entity is also responsible therefor
and in violation thereof.
A.
All premises shall be kept free from hazards and nuisances, which
include but are not limited to the following:
(1)
Deteriorated structures: the condition of a structure or part thereof
characterized by excessive holes, breaks, rot, crumbling, cracking,
peeling, rusting or other evidence of physical blight, decay or neglect,
lack of maintenance or excessive use, including, but not limited to,
structurally unsafe or unsound buildings, structures or fences or
abandoned, uncovered or structurally unsound walls, shafts, towers,
exterior cellar openings, basement hatchways, foundations or excavations
and abandoned septic tanks or cesspools.
(2)
Fire hazard: anything or any act which increases or may cause any
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 fires or which may obstruct,
delay or hinder or may become the cause of an obstruction, delay,
hazard or hindrance to the prevention, suppression or extinguishment
of fire.
(3)
Garbage: animal and vegetable wastes, excluding garden composts,
resulting from the handling, preparation, cooking and consumption
of food.
(4)
Infestations: excessive insects, rodents, feral domestic animals,
or other pests caused by the accumulation of garbage, rubbish, abandoned
vehicles, or other nuisances, as defined in this article.
(5)
Inoperable vehicles: the storage for more than 30 days of vehicles
or parts thereof, regardless of whether licensed, titled or registered,
that have been dismantled or in a state of visible disrepair or abandonment,
including automobiles, trucks, vans, motorcycles, boats, trailers,
mobile homes and recreational vehicles.
(6)
Rubbish: all combustible and noncombustible waste materials, other
than garbage and garden composts, including but not limited to the
following: paper, rags, cartons, construction/demolition material,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metal, mineral matter, glass, crockery and the residue from
burning wood, coal, coke or other combustible material, discarded
appliances and plumbing fixtures, and solid commercial and industrial
waste.
(7)
Unsanitary conditions, including, but not limited to, recurring accumulations
of stormwater: stagnant surface or groundwater accumulation which
creates or is likely to create insect breeding areas, failing or failed
septic systems, cesspools or sanitary conveyancing facilities.
B.
Steps, walks, driveways and parking lots for commercial establishments.
Steps, walks, driveways, parking areas, parking lots, parking spaces
and similar areas for commercial establishments shall be maintained
so as to afford safe passage under normal use and weather conditions.
Any holes or other hazards that may exist shall be filled, or necessary
repairs or replacement shall be performed promptly.
A.
Enforcement Officer. The Enforcement Officer shall be any officer
of the Blairstown Township Police Department, the Township Engineer,
the Zoning Officer, or other public officer appointed by resolution
of the Township Committee.
B.
Inspections.
(1)
The Enforcement Officer is authorized to enter upon any land at any
reasonable time for the purpose of performing his duty, with the consent
of the property owner.
(2)
In the event that a property owner refuses such consent, the Enforcement
Officer is authorized to apply to the Judge of the Blairstown Township
Municipal Court for an administrative entry order. The Judge may issue
such order upon submission of information which is sufficient, in
the determination of the Judge, to justify the issuance of the order.
(3)
No entry conducted pursuant to such administrative order shall take
place other than during the hours of 8:00 a.m. to 6:00 p.m. unless
the Enforcement Officer demonstrates that an emergency exists and
that the public health, safety and welfare requires such search during
earlier or later hours, as the case may be.
(4)
The inspections authorized hereunder are in addition to those which
may be authorized by the laws of the State of New Jersey.
C.
Enforcement procedure.
(1)
In the case of an officer of the Blairstown Township Police Department,
enforcement shall take the form of a duly issued summons reciting
the provisions of this article that may be issued with or without
prior warning.
(2)
In the case of an Enforcement Officer other than an officer of the
Blairstown Police Department, upon determination that there is or
has been a violation of any provision of this article, prior to the
issuance of a summons, the Enforcement Officer shall provide written
notice sent by regular mail to the last known address of the person
or entity upon which the same is served, as shown by the most recent
tax records of the municipality, or if a copy thereof is handed to
said person or persons or if a copy thereof is left with the occupant
of the property if different from the owner of record. Notice shall
be given as aforesaid within or without the municipality.
(3)
The notice, subject to the rights of appeal provided in § 147-10 hereof, shall also state that, unless the violation is abated, removed, cured, prevented or desisted (collectively referred to herein as "abatement") within 30 days of the date of service of such notice (exclusive of the date of service), a complaint shall be issued for such violation in the Blairstown Township Municipal Court. The Enforcement Officer may extend the period for compliance with the requirements of this section in regard to the violation stated in the notice for a period in excess of the aforesaid 30 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the thirty-day period, and, in such cases, the Enforcement Officer shall state such reasonably required extended period of notice, which shall then be applicable instead of the aforesaid 30 days. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said thirty-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall be issued against the person, persons, entity or entities so notified.
D.
Emergency conditions. Whenever the Enforcement Officer finds that an emergency condition in violation of this article exists, which condition requires immediate attention in order to protect the public health, welfare or safety, he may issue an order to correct by service of notice as set forth in Subsection C above, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this article to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, and upon objection, in writing, to the Enforcement Officer, any such person shall be afforded a hearing before the Township Committee at the next scheduled regular meeting. After such a hearing and decision by the Township Committee as to the existence or nonexistence of the emergency condition, the Township Committee may continue such order in effect or modify or withdraw it, subject to the issuance of a summons or complaint for violation thereof if such order is continued.
A.
Any owner, occupant or operator who receives a violations notice from the Enforcement Officer as provided for in § 147-9, other than an emergency notice, shall have a right to appeal the Enforcement Officer's findings and determinations to the Township Committee by filing a written notice of appeal with the Township Clerk within 15 days of receipt of the violations notice. The Township Committee shall hear any appeal at a regularly scheduled meeting or, at the option of the Committee, at a special meeting on a date to be established by the Committee. At the hearing, the aggrieved party, by himself or herself or through counsel, may present competent evidence that the Enforcement Officer's findings and determinations are incorrect and that his or her property is not in violation of this code. The Enforcement Officer and his or her authorized representatives and witnesses shall likewise be entitled to present competent evidence in support of their findings and determinations.
B.
The Township Committee shall render its decision with respect to
the appeal within 30 days after the close of the hearing and shall
memorialize its findings and determinations in a written resolution
to be adopted within 45 days thereafter. In its decision, the Township
Committee may approve, reverse or modify the findings and determinations
of the Enforcement Officer. A certified copy of said resolution shall
be mailed by the Township Clerk to the aggrieved party and the Enforcement
Officer within 10 days of the adoption.
C.
The time frame for abatement as set forth in this article and in
the violations notice shall be automatically extended during the pendency
of the appeal, and a summons with the Municipal Court shall not be
issued until a decision is rendered by the Township Committee.
D.
In adjudicating any appeal, the Township Committee shall have the
discretion to modify any compliance time frames and to extend compliance
for a reasonable period of time, if satisfied that there are special
circumstances justifying such extension.
The Township Committee, by resolution, may authorize the abatement
of any hazard or nuisance regulated by this article and put any premises
in proper condition such as to comply with the provisions of this
article, at the cost of the owner, operator and/or occupant; any municipal
funds expended for such purpose shall be charged against the premises,
and the amount thereof, as determined by the Township Committee, shall
be a lien against the premises and shall be added to and become and
form a part of the taxes next to be assessed and levied upon such
dwelling or lands, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the Tax Collector in the same
manner as taxes.
A.
Any person or entity who shall violate any of the provisions of this
article or any order promulgated hereunder shall, after a summons
is issued under the terms hereof, be punished as follows:
B.
For the purposes of this section, each and every calendar day on
which a violation exists may be considered to be a separate and distinct
violation, subject to a fine.
Nothing contained in this code or any requirement of compliance
herewith shall be deemed to alter, impair or affect the application
of the Zoning Ordinance[1] or zoning laws of the municipality.
[Adopted 5-23-2018 by Ord. No. 2018-13]
The Township of Blairstown hereby grants to itself all such
powers granted to municipalities by the State of New Jersey for holding
certain landlords responsible for their tenants, including the posting
of adequate security against the consequences of disorderly behavior
of their tenants. Such enabling statutory powers are set forth at
N.J.S.A. 40:48-2.12n et seq., as may be amended.
As used in this article, the following terms shall have the
meanings indicated:
A licensed attorney of the State of New Jersey appointed
by the Township Committee. The hearing officer shall not own or lease
any real property within the Township of Blairstown nor hold any interest
in the assets of or profits arising from the ownership or lease of
such property.
As defined under the law, N.J.S.A. 40:48-2.12o, as may be
amended.
A.
If, in any twenty-four-month period, two complaints, on separate
occasions, of conduct upon or in proximity to any rental premises,
and attributable to the acts or incitements of any of the tenants
of those premises, have been substantiated by prosecution and conviction
in any court of competent jurisdiction as a violation of any provision
of Title 2c of the New Jersey Statutes or any municipal ordinance
governing disorderly conduct, the Blairstown Township Committee, or
any designee of the Township Committee for the purpose, may institute
proceedings to require the landlord of those premises to post a bond
against the consequences of future incidents of the same character.
B.
In the event a tenant is convicted of any of the conduct described in Subsection A of this section, the Township Committee or designee shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the Township.
C.
The Township Committee or designee shall cause to be served upon
the landlord, in person or by registered mail to the address appearing
on the tax records of the Township, notice advising of the institution
of such proceedings, together with particulars of the substantiated
complaints upon which those proceedings are based, and of the time
and place at which a hearing will be held in the matter, which shall
be in the municipal building, municipal court or other public place
within the Township, and which shall be no sooner than 30 days from
the date upon which the notice is served or mailed.
D.
At the hearing convened pursuant to Subsection C of this section, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this article.
E.
Bond requirements.
(1)
Any bond required to be posted shall be in accordance with the judgment
of the hearing officer, in light of the nature and extent of the offenses
indicated in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
(a)
Damages likely to be caused to public or private property and
damages consequent upon disruption or affected residents' rights
of fair use and quiet possession of their premises;
(b)
Costs associated with drug overdose calls, including but not
limited to the use by Township first responders of NARCAN;
(c)
Securing the payment of fines and penalties likely to be levied
for such offenses; and
(d)
Compensating the Township for the costs of repressing and prosecuting
such incidents of disorderly behavior.
(2)
No such bond shall be in an amount less than $500 or more than $5,000.
The Township may enforce the bond thus required by action in the Superior
Court and shall be entitled to an injunction prohibiting the landlord
from making or renewing any lease of the affected premises for residential
purposes until that bond or equivalent security, in satisfactory form
and amount, has been deposited with the Township.
F.
A bond or other security deposited in compliance with Subsection E of this section shall remain in force for three years. Upon the lapse of the three-year period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 147-17 below, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer. The Township Committee may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
A.
If, during the period for which a landlord is required to give security pursuant to § 147-16 above, a substantiated complaint is recorded against the property in question, the Township Committee or designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in § 147-16F above, of the period for which the security is required, or for increase in the amount of security required, or for any or all of those purposes.
B.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 147-16E above. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth § 147-16E above and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to effectually carry out the purposes of this article. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in § 147-16F above.
