N.J.S.A. 52:27-119, et seq. provides for the enforcement
of the State Uniform Construction Code by the Township. The power
to adopt a housing code by reference is contained in N.J.S.A. 40:49-5.1,
5.2 and 5.3, N.J.S.A. 40:48-7.12a provides general authority to regulate
buildings and structures. N.J.S.A. 40:48-2.3 provides for the regulation
of buildings unfit for human habitation.
[1973 Code § 11-1.1; Ord. No. 9-1979; New]
There is hereby established in the Township a State Uniform
Construction Code enforcing agency to be known as the Officials of
the Department of Planning, Zoning and Development, consisting of
a construction official, building subcode officials, plumbing subcode
officials, electrical subcode officials, fire protection subcode official,
and such other subcode officials for such additional subcodes as the
Commissioner of the Department of Community Affairs, State of New
Jersey, shall hereafter adopt as part of the State Uniform Construction
Code. The Construction Official shall be the chief administrator of
the Enforcing Agency.
[1973 Code § 11-1.2; Ord. No. 9-1979; Ord. No. 33-2005 § 2]
Each official position created in subsection 12-1.1 hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.
[1973 Code § 11-1.3; Ord. No. 9-1979]
The public shall have the right to do business with the Enforcing
Agency at one office location except for emergencies, and unforeseen
or unavoidable circumstances.
[1973 Code § 11-1.4; Ord. No. 9-1979]
It is hereby determined that the construction board of appeals
shall be the board designated and appointed by the County Board of
Chosen Freeholders to hear appeals from decisions of the enforcing
agency.
[1973 Code § 11-1.5; Ord. No. 9-1979; Ord. No. 10-1985; Ord. No. 12-1986; Ord.
No. 21-1986; Ord. No. 17-1988; Ord. No. 3-1994; New; Ord. No. 33-2005 § 5; Ord. No. 2-2009 §§ I—IV; Ord. No. 5-2012 §§ 1—3;
amended 3-17-2022 by Ord. No. 4-2022]
a.
General.
1.
The fee for plan review, computed as a percentage of the fee for
a construction permit, shall be paid at the time of application for
a permit. The amount of this fee shall then be deducted from the amount
of the fee due for a construction permit when the permit is issued.
Plan review fees are not refundable.
2.
The fee to be charged for a construction permit will be the sum of
the basic construction fees plus all applicable special fees. This
fee shall be paid before a permit is issued and proposed work commencing.
3.
The fee to be charged for a certificate of occupancy shall be paid
before a certificate is issued. This fee shall be in addition to the
construction permit fee.
4.
All fees shall be rounded to the nearest dollar.
5.
All fees paid under the regulations shall be nonrefundable except
as otherwise specifically set forth in the regulations. All fees shall
be paid by cash, check, or money order, payable to the "Township of
Aberdeen."
b.
Fee Schedule. The fees shall be as follows:
1.
Plan Review Fee. The fee for plan review shall be 20% of the amount
to be charged for a new construction permit. Elevator device plan
review shall be in the amount noted in N.J.A.C. 5:23-12.
2.
The basic construction permit fee shall be the sum of the parts computed
on the basis of the volume or cost of construction, the number of
plumbing fixtures and pieces of equipment, the number of electrical
fixtures and rating of electrical devices, the number of sprinklers,
standpipes and detectors (smoke and heat) at the unit rates and/or
the applicable flat fees as provided herein plus any special fees.
The minimum fee for a basic construction permit covering any and all
of the technical subcodes shall be $90.
(a)
Building Volume or Cost. The fees for new construction or alteration
are as follows:
(1)
Fees for new construction shall be based upon the volume of
the structure. Volume shall be computed in accordance with N.J.A.C.
5:23-2.28. The new construction fee shall be in the amount of $0.055
per cubic foot of volume for buildings and structures of all use groups
and types of construction as classified and defined in Articles 3
and 6 of the Building Subcode; except that the fee shall be $.0011
per cubic foot for structures on farms, including commercial farm
buildings under N.J.A.C. 5:23-3.2(d), with the maximum fee for such
structures on farms not to exceed $1,602.
(2)
Fees for renovations, alterations and repairs or site construction
associated with preengineered systems of commercial farm buildings,
premanufactured construction, and the external utility connection
for premanufactured construction shall be based upon the estimated
cost of work. The fee shall be in the amount of $54 per $1,000, for
the first $50,000 prorated. From $50,001 to and including $100,000,
the fee on the amount exceeding $50,000 shall be in the amount of
$44.00 per $1,000 of estimated cost, prorated. Above $100,000 shall
be in the amount of $36.00 per $1,000 of estimated cost, prorated.
For the purpose of determining estimated cost the applicant shall
submit to the agency such cost data as may be available produced by
the architect or engineer of record, or by a recognized estimating
firm, or by the contractor. A bona fide contractor's bid, if
available, shall be submitted. The Construction Official and/or Subcode
Official shall make the final decision regarding the estimated cost/value.
(3)
Fees for additions shall be computed on the same basis as for
new construction for the added portion.
(5)
The fee for replacement type roof coverings shall be in all
use groups except for R-3-, R-4-, and R-5-type structures shall be
$50 per $1,000 of the estimated cost with a minimum fee of $90.
(6)
The fee for replacement siding shall be in all use groups except
for R-3-, R-4-, and R-5-type structures shall be $50 per $1,000 of
the estimated cost with a minimum fee of $90.
(7)
The fee charged for a private aboveground swimming pool as defined
in the Building Subcode, in use group R-3, R-4, and R-5 shall be $95.
The fee charged for a private in-ground swimming pool as defined in
the Building Subcode, in use group R-3, R-4, and R-5 shall be $250.
The construction fee for public swimming pools as defined in the Building
Subcode in all use groups other than R-3, R-4, and R-5 shall be computed
and based upon the cubic volume of the structure. The minimum fee
shall be $250.
(8)
The fee for replacement barriers surrounding and enclosing public
or private swimming pools shall have a flat rate of $90.
(9)
Tents. The fee for tents in excess of 900 square feet or more
than 30 feet in any dimension shall be $130.
(10)
Temporary Structures. The fee shall be $100 per structure.
(b)
Plumbing Fixtures and Equipment. The fees shall be as follows:
(1)
The fees shall be the amount of $35 per fixture, piece of equipment, or appliance connected to the plumbing system, and for each appliance connected to the gas piping, propane, or oil piping system, except as indicated in Subsection b2(b)(2) below.
(2)
The fee shall be $105 per special device for the following:
gas piping, grease traps, oil separators, refrigeration units, water
service connection, sewer service connection, backflow preventers
equipment with test ports (double-check valve assembly, reduced pressure
zone and pressure vacuum breaker backflow preventers), active solar
systems, sewer pumps, and interceptors. There shall be no inspection
fee charged for gas service entrances.
(3)
The fee for any item not listed and that is required by the
NJ Uniform Construction Code shall be $35.
(c)
Electrical Fixtures and Devices. The fee shall be as follows:
(1)
For the first block consisting of one to 50 receptacles, fixtures
or devices, the fee shall be $80; for each additional block consisting
of up to 25 receptacles, fixtures or devices, the fee shall be $30.
For the purpose of computing this fee, receptacles, fixtures or devices
shall include lighting fixtures, wall switches, convenience receptacles,
sensors, dimmers, alarm devices, smoke and heat detectors, communications
outlets, light-standards eight feet or less in height, including luminaries,
emergency lights, electric signs, exit lights or similar electric
fixtures and devices rated 20 amperes or less, including motors or
equipment rated less than one horsepower (hp) or one kilowatt (kw).
(2)
For each motor or electrical device rated from one hp or one
kw to 10 hp or 10 kw; for each transformer or generator rated from
one kw or one kva to 10 kw or 10 kva; for each replacement of wiring
involving one branch circuit or part thereof; for household electric
cooking equipment rated up to 16 kw; for each fire security or burglar
alarm control unit; for each receptacle rated from 30 amperes to 50
amperes; for each light-standard greater than eight feet in height,
including luminaries; and for each communications closet, the fee
shall be $40.
(3)
For each motor or electrical device rated from greater than
10 hp or 10 kw or 50 hp or 50 kw; for each service equipment, panel
board, switch board, switch gear, motor-control-center, or disconnecting
means rated 225 amperes or less; for each transformer or generator
rated from greater than 10 kw or 10 kva to 45 kw or 45 kva; for each
electric sign rated from greater than 20 amperes to 225 amperes, including
associated disconnecting means; for each receptacle rated greater
than 50 amperes; and for each utility load management device, the
fee shall be $80.
(4)
For each motor or electrical device rated from greater than
50 hp or 50 kw to 100 hp or 100 kw; for each service equipment, panel
board, switch board, switch gear, motor-control-center or disconnecting
means rated from greater than 225 amperes to 1,000 amperes; and for
each transformer or generator rated from greater than 45 kw or 45
kva to 112.5 kw or 112.5 kva, the fee shall be $145.
(5)
For each motor or electrical device rated greater than 100 hp
or 100 kw; for each service equipment, panel board, switch board,
switch gear, motor-control-center or disconnecting means rated greater
than 1,000 amperes; and for each transformer or generator rated greater
than 112.5 kw or 112.5 kva, the fee shall be $640.
(6)
The fee charged for electrical work for each permanently installed private aboveground swimming pool as defined in the Building Subcode, spa, hot tub or fountain shall be a flat fee of $100 and $175 for in-ground swimming pools which shall include any required bonding, and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panelboards. For each storable pool or hydromassage bath, the fee shall be $75. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with Subsection b2(c)(1) through (5) above. The fee charged for the annual electrical inspection of swimming pools, spas or hot tubs shall be $100.
(7)
The fee charged for the installation of single and multiple-station
smoke or heat detectors and fire, burglar or security alarm systems
in any one- or two-family dwelling shall be a flat fee of $75 per
dwelling unit. For fire, burglar and security alarm systems and detectors
in buildings other than one- or two-family dwellings, the fee shall
be a flat fee of $150.
(8)
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual loadside panel boards shall be charged in accordance with Subsection b2(c)(3), (4) and (5) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
(9)
For motors or similar devices requiring concurrent installation
of individual controls, relays and switches, the fee shall be based
only upon the rating of the motor or device. There shall be no additional
fee charged for the concurrent installation of individual circuit
components, for example, controllers, starters, and disconnecting
means.
(11)
The fee charged for process equipment shall be based on the
ampere rating of the overcurrent device protecting the conductor feeding
the process equipment or the cutoff device.
(12)
For the purpose of computing these fees, all electrical and
communications devices, utilization equipment and motors, which are
part of premises wiring, except those which are potable plug-in type,
shall be counted.
(14)
The fee for any item not listed and that is regulated by the
NJ Uniform Construction Code shall be $35.
(d)
For fire protection and hazardous equipment, sprinklers, standpipes,
detectors (smoke/heat/carbon monoxide), preengineered suppression
system, gas and oil-fired appliances not connected to the plumbing
system, kitchen exhaust systems, incinerators, and crematoriums, the
fee shall be as follows:
(1)
The fee for 20 or fewer heads or detectors shall be $91; for
21 to and including 100 heads, the fee shall be $168; for 101 to and
including 200 heads, the fee shall be $321; for 201 to and including
400 heads, the fee shall be $831; for 401 to and including 1,000 heads,
the fee shall be $1,150. In computing fees for heads and detectors,
the number of each shall be counted separately and two fees, one for
heads and one for detectors shall be charged.
(2)
The fee for each individual standpipe shall be $325.
(3)
The fee for each independent preengineered system shall be $150.
(4)
The fee for each gas-, oil- or propane-fired appliances in existing
buildings and use groups R-3, R-4, and R-5 shall be $65 per unit and
$75 per unit for all other use groups.
(5)
The fee for each solid-fuel-burning device shall be $75 per
unit.
(6)
The fee for each fire pump shall be $250 per unit.
(7)
The fee for each commercial-type kitchen exhaust system shall
be $180.
(8)
The fee for each incinerator shall be $510.
(9)
The fee for each crematorium shall be $510.
(10)
For single- and multiple-station smoke detectors, heat detectors, carbon monoxide detectors, and fire alarm systems installed in R-3-, R-4-, and R-5-type dwellings, there shall be a flat fee of $55 per dwelling unit. For detectors and fire alarm systems installed in all other buildings and use groups other than R-3-, R-4-, and R-5-type dwellings, the fee shall be charged in accordance with Subsection b2(d)(1) above.
(11)
The minimum fee for the installation, relocation or replacement
of illuminated or self-luminous exit signs, exit directional signage,
and/or emergency lighting fixtures shall be $75 for the first 12 devices
and $15 for each additional device thereafter.
(12)
The fee for placards and/or replacement placards shall be $55
per set.
(13)
The fee for the installation, relocation, or replacement of
each fire protection device not specified above or otherwise shall
be $40 per device. Such devices may include, but not be limited to,
voice alarms, speakers, Fire Department communication devices, equipment
controls, replacement valves, and fittings, etc.
(14)
The fee for any item not listed and that is regulated by the
NJ Uniform Construction Code shall be $35.
c.
Fees for certificates and other permits are as follows:
1.
The fee for a demolition permit shall be $150 for any single structure.
The fee for a tank abandonment or removal permit shall be $80 per
tank. Each additional structure demolished shall be $25.
2.
The fee for a permit to construct a sign shall be in the amount of
$7 per square foot surface area of the sign, computed on one side
only for double-faced signs. The minimum fee shall be $95. Exception:
No permit is required for signs installed in accordance with N.J.A.C.
5:23-2.14(b)6.
3.
The fee for a certificate of occupancy shall be in the amount of
10% of the total construction permit fee. The minimum fee shall be
$75 for R-3-, R-4-, and R-5-type use groups and the minimum fee for
all other use groups shall be $150 per building, tenant space, or
unit.
4.
The fee for an extension of an expired temporary certificate of occupancy
shall be $45 per extension.
5.
The fee for a certificate of occupancy granted pursuant to a change
of use group shall be $250.
6.
The fee for a certificate of continued occupancy issued under N.J.A.C.
5:23-2.23(c) shall be $250.
7.
The fee for plan review of a building for compliance under the alternate
systems and nondepletable energy source provisions of the Energy Subcode
shall be $385 for one- and two-family homes (use groups R-3, R-4,
and R-5 of the Building Subcode), and for light commercial structures
having the indoor temperature controlled from a single point, and
$1,915 for all other structures.
8.
The fee for an application for a variation in accordance with N.J.A.C.
5:23-2.10 shall be $820 for Class I structures, and $175 for Class
II and Class III structures. The fee for resubmission of an application
for a variation shall be $300 for Class I structures, and $90 for
Class II and Class III structures.
9.
The fee for a permit for lead hazard abatement work shall be $195.
The fee for a lead abatement clearance certificate shall be $40.
10.
The fee to reinstate lapsed, suspended or revoked permits noted in
N.J.A.C. 5:23-2.16(b) or N.J.A.C. 5:23-2.16(f) or otherwise shall
be $25 per outstanding subcode. This fee may be waived at the discretion
of the Construction Official.
11.
The fee for DCA plan review for elevator devices shall be in the
amount as published and noted in N.J.A.C. 5:23-4 and N.J.A.C. 5:23-12.
12.
For cross-connections and backflow preventors that are subject to
annual retesting, the fee shall be $95 for each device.
13.
The fee for the annual electrical inspection of swimming pools, spas,
or hot tubs shall be $125 per unit.
d.
(Reserved)
e.
Annual permit requirements are as follows:
1.
The fee to be charged for an annual construction permit shall be
charged annually. This fee shall be a flat fee based upon the number
of maintenance workers who are employed by the facility, and who are
primarily engaged in work that is governed by a subcode. Managers,
engineers, and clericals shall not be considered maintenance workers
for the purpose of establishing the annual construction permit fee.
Annual permits may be issued for building/fire protection, electrical,
and plumbing.
2.
Fees for annual permits shall be as follows:
(a)
One to 25 workers (including foremen) $667/worker; each additional
worker over 25, $232/worker.
(b)
Prior to the issuance of the annual permit, a training registration
fee of $140 per subcode and a list of not more than three individuals
to be trained per subcode shall be submitted by the applicant to the
Department of Community Affairs, Bureau of Code Services, Training
Section, along with a copy of the construction permit (Form F170).
f.
Elevator Devices: Test and Inspection Fees.
1.
The Elevator Unit at the Department of Community Affairs ("DCA")
performs all plan review and inspection services of Elevator Devices
and equipment for the Township. The fees established, effective and
published by DCA for plan review, inspections, variations, etc., shall
be in the amount as noted in N.J.A.C. 5:23-4 and N.J.A.C. 5:23-12
respectively. A copy of the current DCA fee schedule is available
upon request and adopted herein.
[New]
Notwithstanding the provisions of the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), or any rules,
regulations or standards adopted pursuant thereto, to the contrary,
the Governing Body of any municipality which has appointed an enforcing
agency pursuant to the provisions of section 8 of P.L. 1975, c. 217
(C. 52:27D-126) may, by ordinance, provide that no person shall be
charged a construction permit surcharge fee or enforcing agency fee
for any construction, reconstruction, alteration or improvement designed
and undertaken solely to promote accessibility by disabled persons
to an existing public or private structure or any of the facilities
contained therein.
The section may further provide that a disabled person, or a
parent or sibling of a disabled person, shall not be required to pay
any municipal fee or charge in order to secure a construction permit
for any construction, reconstruction, alteration or improvement which
promotes accessibility to his own living unit.
For the purposes of this section, "disabled person" means any
person who has the total and permanent inability to engage in any
substantial gainful activity by reason of any medically determinable
physical or mental impairment, including blindness, and shall include,
but not be limited to, any resident of the State who is disabled pursuant
to the Federal Social Security Act (42 U.S.C. and 416), or the Federal
Railroad Retirement Act of 1974 (45 U.S.D. and 231 et seq.), or is
rated as having a sixty (60%) percent disability or higher pursuant
to any Federal law administered by the United States Veterans' Act.
For purposes of this paragraph "blindness" means central visual acuity
of 20/200 or less in the better eye with the use of a correcting lens.
An eye which is accompanied by a limitation in the fields of vision
such that the widest diameter of the visual field subtends an angle
no greater than twenty (20) degrees shall be considered as having
a central visual acuity of 20/200 or less.
[1973 Code § 11-1.6; Ord. No. 9-1979; Ord. No. 33-2005 § 6]
a.
In order to provide for the training, certification, and technical
support programs required by the Act, an enforcing agency including
the Department when acting as the local agency shall collect a surcharge
fee to be based upon the volume of new construction within the municipality.
Said fee shall be accounted for and forwarded to the Division of Codes
and Standards in the manner herein provided.
b.
Amount: This fee shall be in the amount of $0265 per cubic foot of
volume of new buildings and additions. Volume shall be computed in
accordance with N.J.A.C. 5:23-2.28. The fee for all other construction
shall be $1.35 per $1,000 of value of construction.
1.
No fee shall be collected for pre-engineered systems of commercial
farm buildings.
2.
No fee shall be collected for permits to perform asbestos abatement
or lead abatement.
3.
No fee shall be collected for permits for the construction or rehabilitation
of residential units that are to be legally restricted to occupancy
by households of low or moderate income as defined in N.J.A.C. 5:43-1.5.
4.
No fee shall be collected for demolition of buildings or structures.
5.
No fee shall be collected for work consequential to a natural disaster
when the local code enforcement agency is waiving its fee.
c.
Remitting and reporting:
1.
The municipality shall remit fees to the Bureau on a quarterly basis
in conjunction with report number R-840B State Training Fee Report
in accordance with N.J.A.C. 5:23-4.5(e). Fees remitted shall be for
the quarter. Checks shall be made payable to "Treasurer, State of
New Jersey."
[1973 Code § 11-1.8; Ord. No. 27-1976]
The Construction Official shall prepare and submit to the Township
Council biannually, a report reevaluating the delineation of the fire
limits. This report shall indicate the recommendations of the Construction
Official, the Building Subcode Official, and the Fire Subcode Official
regarding those areas which should be designated as within fire limits,
with their reasons therefor.
[1973 Code § 11-2.1; Ord. No. 36-2005 § 2; Ord. No. 5-2012 § 4]
The "2009 International Property Maintenance Code," as published by the International Code Council, Inc., is hereby adopted as the Housing Code of the Township of Aberdeen in the State of New Jersey for the control of buildings and structures as therein provided; and each and all regulations of the "2009 International Property Maintenance Code" are hereby referred to, adopted and made part hereof, as if fully set out in this chapter, save and except such portions as are hereinafter deleted, added, changed or supplemented by subsection 12-2.2. Three (3) copies of the same are on file in the office of the Township Clerk.
[1973 Code § 11-2.2; Ord. No. 36-2005 § 3; Ord. No. 5-2012 § 5]
The following provisions of the "2009 International Property
Maintenance Code" are hereby deleted, added, changed or supplemented
to read as follows:
Section 111 Right of Appeal. There is hereby appointed an appeal
official who shall be the Township Manager.
Any owner or person who is aggrieved with the ruling or decision
of the Enforcing Officer, in any matter relative to the interpretation
or enforcement of any of the provisions of the Housing Code may appeal
the decision or interpretation to the Township Manager.
The appeal must be filed with the Township Manager in writing,
requesting a hearing and setting forth a brief statement of the grounds
therefor within twenty (20) days after receipt of the ruling or decision
of enforcing officer.
Upon receipt of such petition, the Township Manager shall set
a time and place for a hearing and shall give the petitioner notice
thereof. At such hearing, the petitioner shall be given an opportunity
to be heard, and to show cause why such ruling or decision of the
Enforcing Officer should be modified or withdrawn.
After such hearing, the Township Manager shall sustain, modify,
or withdraw the ruling or decision of the Enforcing Officer depending
upon his findings as to whether the provisions of this subsection
and of any rules and regulations adopted pursuant thereto have been
complied with.
The proceedings of such hearing, including the findings and
decisions of the Township Manager, shall be summarized, reduced to
writing and entered as a matter of public record in the office of
the Building Department. Such record shall also include a copy of
every notice or order issued in connection with the matter. Any person
aggrieved by the decision of the Township Manager may seek relief
therefrom in any court of competent jurisdiction, as provided by the
laws of the State of New Jersey.
Whenever the Township Manager finds that an emergency exists,
which requires immediate action to protect the public health, he may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as he deems
necessary to meet the emergency. Notwithstanding any other provisions
of this subsection, such order shall be effective immediately. Any
person to whom such order is directed shall comply therewith immediately
but, upon written petition to the Township Manager, shall be afforded
a hearing within forty-eight (48) hours. After such hearing, depending
upon his findings as to whether the provisions of this subsection
and of any rules and regulations adopted pursuant thereto have been
complied with, the Township Manager shall continue such order in effect,
or modify it, or revoke it.
[1973 Code § 11-2.3]
That nothing in this section or in the Housing 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. No right or remedy of any character shall be lost,
impaired, or affected by this section.
[1973 Code § 11-2.4; Ord. No. 12-1987; Ord. No. 17-1987; Ord. No. 4-1994; Ord. No.
36-2005 § 4; Ord. No.
5-2012 § 6; Ord. No. 5-2015]
No owner, owner of rental properties, agent of owner, real estate
agent or broker, firm, company, partnership, corporation or person
or persons shall sell, rent, transfer, grant, lease, let, mortgage
with right of occupancy or otherwise dispose of the ownership or occupancy
thereof, whether or not for consideration and whether such disposal
of ownership of occupancy be temporary or permanent, any dwelling
unit, hotel, motel, rooming unit, boarding house or premises on which
a building is located and used for human occupancy, as well as commercial
properties, unless a Certificate of Occupancy, certifying the building
and premises are in compliance with all other ordinances of the Township,
shall first be obtained from the Housing Officer of the Township.
Such a Certificate of Occupancy shall be granted or denied within
ten (10) days from the date of the application for same.
a.
The Housing Officer shall cause to be prepared appropriate application
forms for such Certificate of Occupancy, which forms shall be available
at the office of the Housing Officer.
b.
The Housing Officer shall also cause to be prepared appropriate forms
of such Certificate of Occupancy.
c.
A charge of $150 for residential transfer of ownership to cover the
cost for inspection in connection with such application shall be paid
to the Housing Department at the time an application is filed and
shall not be refundable. A charge of one hundred $175 for commercial
and other nonresidential transfer of ownership to cover the cost for
inspection in connection with such application shall be paid to the
Housing Department at the time that the application is filed and shall
not be refundable.
[Amended 3-1-2016 by Ord. No. 3-2016]
[Ord. No. 5-2012 § 7;
amended 2-16-2016 by Ord. No. 2-2016]
a.
General. The purpose of this section is to provide a uniform set
of procedures for the registration and inspection of all rental dwellings
within the Township.
b.
Registration Required.
1.
Annual registration is required of owners and management of every
building and structure in the Township which is occupied by one family
or more as tenants of the owner or lessor. Such registration shall
be with the Township Housing Department upon forms prescribed by and
furnished by the Township. Every such registration form shall include
the name and address of the owner, the name and address of the lessor
if other than the owner, and the name and address of an agent in charge
of the premises residing in the Township. Annual registration is required
to be filed with the Township Housing Department no later than January
31 of each year. Updated registration is required with the Township
Housing Department immediately upon change in occupancy.
2.
Service of notice shall be sufficient upon any owner, lessor and
agent by posting it upon the premises in a conspicuous place where
the owner or lessor has failed to register his premises with the Township
Housing Department as required by this section, and has failed to
designate an agent, in respect to the premises, residing in the Township
or where such an agent has been designated but cannot be found at
the address given in the registration.
c.
Inspection.
1.
The person who owns, purports to own, or exercises control of any
residential rental property, prior to rental or lease involving a
new occupancy and successively prior to the commencement of any and
all succeeding tenancies of any unit of dwelling space in a rental
dwelling, is required to obtain a certificate of occupancy for the
unit of dwelling space. Such certificate of occupancy shall be issued
by the appropriate Township representative, as designated by the Township
Manager, upon the inspection of the unit of dwelling space by a Township
inspector and his findings that such unit meets the standards provided
by law.
2.
The Township may charge a fee to fund the costs of the inspections
and the issuance of the certificate of occupancy. The person who owns,
purports to own, or exercises control of any residential rental property
will be required to pay the applicable inspection fee of $150.
[1973 Code § 11-4.1; Ord. No. 18-1974]
As used in this section:
shall mean any building or structure or part thereof, whether
used for human habitation or otherwise, and shall include any out-houses
and appurtenances belonging thereto or usually enjoyed therewith.
shall mean the holder or holders of the title in fee simple.
shall mean all individuals, associations and corporations
who have interests of record in a building and any who shall be in
actual possession thereof.
shall mean any housing authority or any officer who shall
be in charge of any department or branch of the government of the
municipality, County or State relating to health, fire, building regulations
or to other activities concerning buildings in the municipality.
shall mean the officer, officers, board or body who shall
be authorized to exercise the powers hereinafter set forth.
[1973 Code § 11-4.2; Ord. No. 18-1974]
The Township Manager shall hereby be designated as the person
authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this section,
including the following powers in addition to others herein granted:
a.
To investigate the building conditions in the Township in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations; provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as he shall deem necessary to carry out the purposes of this section.
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[1973 Code § 11-4.3; Ord. No. 18-1974]
A building may be deemed unfit for human habitation or occupancy
or use if it shall be found and determined, as hereinafter provided,
that conditions exist in such building which are dangerous or injurious
to the health or safety of the occupants of such building, the occupants
of neighboring buildings or other residents of the Township; such
conditions may include the following, without limiting the generality
of the foregoing: defects therein increasing the hazards of fire,
accident or other calamities; lack of adequate ventilation, light
or sanitary facilities; dilapidation; disrepair; structural defects;
uncleanliness.
[1973 Code § 11-4.4; Ord. No. 18-1974]
Whenever a petition shall be filed with the Township Manager
by a public authority or by at least five (5) residents of the Township
charging that any building shall be unfit for human habitation or
occupancy or use or whenever it shall appear to the Township Manager
or his designated agent, on his own motion, that any building shall
be unfit for human habitation, occupancy or use, the Township Manager
or his designated agent shall, if his preliminary investigation discloses
a basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing shall
be held before the Township Manager or his designated agent at a place
therein fixed not less than ten (10) days nor more than thirty (30)
days after serving of the complaint; that the owner and parties in
interest shall be given the right to file an answer to the complaint
and to appear in person or otherwise, and give testimony at the place
and time fixed in the complaint; and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the Township
Manager or his designated agent.
[1973 Code § 11-4.5; Ord. No. 18-1974]
If after notice and hearing the Township Manager determines
that the building under consideration shall be unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
and shall issue and cause to be served upon the owner of the building
and parties in interest an order:
a.
Requiring the repair, alteration or improvement of the building to
be made by the owner, if the cost of such repair shall not be in excess
of fifty (50%) percent of the value of the building, within ninety
(90) days, which time shall be set forth in the order, or at the option
of the owner, to vacate or have the building vacated and closed within
the time set forth in the order.
b.
If the building shall be in such a condition as to make it dangerous
to the health and safety of persons on or near the premises, and the
cost to repair, alter or improve the building shall be in excess of
fifty (50%) percent of the value of the building, the Township Manager
shall issue an order requiring the owner to remove or demolish the
dwelling within sixty (60) days from the receipt of the order.
[1973 Code § 11-4.6; Ord. No. 18-1974]
a.
If the owner shall fail to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the Township Manager may cause the building to be repaired,
altered or improved, or to be vacated and closed; the Township Manager
may also cause to be posted on the main entrance of any building so
closed, a placard with the following words: "This building is unfit
for human habitation or occupancy or use; the use or occupancy of
this building is prohibited and unlawful."
b.
If the owner shall fail to comply with an order to remove or demolish
the building, the Township Manager may cause such building to be removed
or demolished.
[1973 Code § 11-4.7; Ord. No. 18-1974]
a.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges incurred in the course of any proceedings
hereunder determined in favor of the Township shall be a lien against
the real property upon which such cost shall be incurred.
b.
The cost when done by the Township of repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amount of the balance thereof remaining after deduction of the sum,
if any, realized from the sale of materials derived from such building,
shall be a municipal lien against the real property upon which such
cost shall be incurred.
c.
If the building shall be removed or demolished by the Township Manager,
he shall sell the materials of such building and shall credit the
proceeds of such sale against the cost of the removal or demolition,
and any balance remaining shall be deposited in the Superior Court
by the Township Manager, shall be secured in such manner as may be
directed by the Court, and shall be disbursed according to the order
or judgment of the Court to the persons found to be entitled thereto
by final order or judgment of such Court. If there are no such credits,
or if the sum total of such costs exceeds the total of such credits,
a detailed statement of the aforesaid costs and the amount so due,
a lien statement, shall be filed with the tax collector and a copy
thereof shall be forthwith forwarded to the owner by registered mail.
[1973 Code § 11-4.8; Ord. No. 18-1974]
Notices, complaints or orders issued by the Township Manager
pursuant hereto shall be served upon persons either personally or
by registered mail, but if the whereabouts of such persons shall be
unknown and cannot be ascertained by the Township Manager with reasonable
diligence and the manager makes an affidavit to that effect, then
the serving of such complaint or order may be made by publishing it
once each week for two successive weeks in a newspaper qualified to
accept legal notices for the Township. A copy of such complaint or
order shall be posted in a conspicuous place on premises affected
by the complaint or order and a copy of such complaint or order shall
be duly recorded in the Monmouth County Clerk's office.
[1973 Code § 11-4.9; Ord. No. 18-1974]
Nothing in this section shall be construed to impair or limit
in any way the power of the Township to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise.
[1973 Code § 11-4.10; Ord. No.
18-1974]
This section shall be adopted in accordance with N.J.S.A. 40:48-2.3
et seq., and the method of enforcement, definitions, procedure and
remedies shall be governed and controlled thereby and as therein set
forth or any amendments or supplements thereto.
[1973 Code § 11-4.11; Ord. No.
18-1974]
Under no circumstances shall the Township Manager serve as Hearing
Officer in any case in which the investigation leading to the filing
of a complaint shall be conducted by the Township Manager.
[1973 Code § 4-9.1]
Every person who owns or is in possession of any premises on
which there is situated a swimming pool, wading pool or any outside
body of water created by artificial means (herein referred to as a
pool) any portion of which is two (2) feet deep or more shall install
and maintain on the lot or premises and completely surrounding such
pool or body of water a permanent fence.
[1973 Code § 4-9.2]
The following specifications shall apply:
a.
A permanent fence of durable material at least four (4) feet in height
shall be so constructed as not to have openings, mesh, holes or gaps
larger than four (4) square inches in any dimension, except for doors
and gates, and if a picket fence is erected or maintained, the horizontal
dimension shall not exceed four (4) inches.
b.
All doors or gates used in conjunction with the fence shall meet
the same specifications as the fence itself and shall be of such size
as to completely fill any opening in the fence.
c.
All doors or gates shall be equipped with self-closing and self-latching
devices and shall be kept closed and securely latched at all times
when the pool is not in use.
[1973 Code § 4-9.3]
Nothing in this section shall apply to pools having sides extending
four (4) feet or more above grade provided that the stairs or other
means of access to the pool are removed when not in use or are effectively
closed with a gate as provided above, which shall be closed and securely
latched when such pool is not in use.
[1973 Code § 4-9.4]
All other aboveground pools greater than two (2) feet deep,
unless enclosed by a fence of the type and dimensions herein above
specified shall be either (1) emptied when not in use or unattended;
or (2) covered with a suitable, strong protective covering, securely
fastened or locked in place when not in use or attended.
[Ord. No. 16-2008 § 1]
The purpose of this section is to require the clear display
of authorized and assigned house or building numbers for every building
fronting on any street in the Township of Aberdeen in order to assist
the general public and emergency services, public and private, in
identifying any property in case of emergency, as well as for the
welfare of the general public in conducting their normal affairs,
pursuant to N.J.S.A. 40:67-1 et seq.
[Ord. No. 16-2008 § 2]
All residential, commercial, industrial or other structures
erected or to be erected within the Township of Aberdeen shall display
identification numbers on buildings or curbside mailboxes in accordance
with specifications provided herein. It shall be the duty of every
property owner to place the assigned street number upon each lot where
a building is located.
[Ord. No. 16-2008 § 3]
Building or curbside mailbox numbers shall be:
a.
In Arabic numerals.
b.
A minimum height of three (3) inches.
c.
Sufficiently legible as to contrasting background, arrangement, spacing
and uniformity so as to be clearly visible from the street.
d.
At least thirty (30) inches above ground level and so placed that
trees, shrubs and other obstructions do not block the line of sight
of the numbers from the street upon which the building fronts.
e.
Building numbers shall be mounted in a secure fashion to the front
wall or porch of the building so as to be clearly visible from the
street. Curbside mailbox numbers shall be mounted in a secure fashion
and shall appear on each side of the curbside mailbox so as to be
clearly visible from the street.
[Ord. No. 16-2008 § 4]
Building or curbside mailbox number signs as required by this
section shall be periodically maintained as needed to provide continued
high visibility. The property owner shall be responsible for said
maintenance.
[Ord. No. 16-2008 § 5]
Any owner, agency, person or corporation who shall violate any
provision of this section or fail to comply therewith or with any
of the requirements thereof, shall be subject to a penalty to be determined
by the appropriate Township Official. The provisions of this section
shall be enforced by the Fire Official, Code Enforcement Officer,
Housing Inspector, Zoning Officer and any other enforcement agency
or individual designated by the Administration.
The effective date of the enforcement provisions set forth in
this section shall be twelve (12) months for existing structures and
fifteen (15) days from the passage of this section for new structures.
Editor's Note: Ordinance No. 16-2008, codified herein as Section 12-6, was adopted December 2, 2008.
[Ord. No. 16-2008 § 6]
No certificate of occupancy for habitability shall be issued
for any dwelling, store or other building hereafter erected, enlarged
or occupied, unless the provisions of this section shall have been
complied with. Temporary house numbering must be posted immediately
upon the issuance of a building permit.
[Ord. No. 16-2008 § 7]
Any property owner in violation of this section shall receive
written notice thereof from the Township Officials listed herein requiring
compliance with this section within fourteen (14) days. Should the
property owner thereafter fail to comply and remain in violation of
this section, they shall be subject to a summons being issued for
appearance in Municipal Court which may result in a penalty of up
to five hundred ($500) dollars to be collected by the Court.
[Added 12-15-2015 by Ord.
No. 20-2015; amended 9-6-2016 by Ord. No. 22-2016; 9-6-2016 by Ord. No. 23-2016; 11-29-2022 by Ord. No.
19-2022]
a.
The Township hereby directs the public officer to identify abandoned
property and to establish an abandoned property list throughout the
Township or within those parts of the Township as the governing body
may, from time to time, designate. The abandoned property list shall
include, for each abandoned property identified, the tax block and
lot number, the name of the owner of record, if known, and the street
address of the lot. The Township, by resolution, may add properties
to the abandoned property list at any time.
b.
An interested party may request that a property be included on the
abandoned property list following that procedure set forth in N.J.S.A.
55:19-105.
c.
Abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of rehabilitation
work authorized by those permits.
d.
A property on which an entity other than the Township of Aberdeen
has purchased or taken assignment from the Township of a tax sale
certificate which has been placed on the abandoned property list may
be removed in accordance with the provisions of Section 29 of N.J.S.A.
55:19-103.
e.
The public officer shall establish the abandoned property list or
any additions thereto by publication in the official newspaper of
the Township, which publication shall constitute public notice, and,
within 10 days after publication, shall send a notice by certified
mail, return receipt requested, and by regular mail to the owner of
record of every property included on the list. The published and mailed
notices shall identify property determined to be abandoned, setting
forth the owner of record, if known, the tax lot and block number
and street address. The public officer, in consultation with the Tax
Collector, shall also send out a notice by regular mail to any mortgagee,
servicing organization, or property tax processing organization that
receives a duplicate copy of the tax bill pursuant to N.J.S.A. 54:4-64(d).
When the owner of record is not known for a particular property and
cannot be ascertained by the exercise of reasonable diligence by the
Tax Collector, notice shall not be mailed but instead shall be posted
on the property in the manner as provided in N.J.S.A. 40:48-2.7. The
mailed notice shall indicate the factual basis for the public officer's
finding that the property is abandoned property as that term is defined
in N.J.S.A. 55:19-54, and shall specify the information relied upon
in making such finding. In all cases a copy of the mailed or posted
notice shall also be filed by the public officer in the office of
the Monmouth County Clerk. This filing shall have the same force and
effect as a notice of lis pendens under N.J.S.A. 2A:15-6. The notice
shall be indexed by the name of the property owner as defendant and
the name of the Township as plaintiff, as though an action had been
commenced by the Township against the owner.
f.
The public officer, within 10 days of establishment of the abandoned
property list, or any additions thereto, shall send, by regular mail,
facsimile, or electronic mail, a copy of the abandoned property list
to the electric and gas utilities serving the Township.
g.
The owner or party in interest of the abandoned property will be
required to file a registration statement for such vacant property
with the Housing Inspector on forms provided by the Township for such
purposes within 60 days of notice or within 30 days after assuming
ownership of a vacant property. The registration will be valid for
one year and the owner or parties in interest will be required to
annually renew the registration.
h.
The registration fee schedule for each property on the abandoned
property list is as follows:
|
Type
|
Fee
|
|---|---|
|
Initial registration
|
$500
|
|
First renewal
|
$1,000
|
|
Second and later renewals
|
$2,000
|
i.
An owner or lien holder may challenge the inclusion of his property
on the abandoned property list by appealing that determination to
the public officer within 30 days of the owner's receipt of the
certified notice or 40 days from the date upon which the notice was
sent. An owner whose identity was not known to the public officer
shall have 40 days from the date upon which notice was published or
posted, whichever is later, to challenge the inclusion of a property
on the abandoned property list. For good cause shown, the public officer
shall accept a late filing of an appeal.
j.
Within 30 days of receipt of a request for an appeal of the findings contained in the notice pursuant to Subsections e and f of this section, the public officer shall schedule a hearing for redetermination of the matter. Any property included on the list shall be presumed to be abandoned property unless the owner, through the submission of an affidavit or certification by the property owner averring that the property is not abandoned and stating the reasons for such averment, can demonstrate that the property was erroneously included on the list. The affidavit or certification shall be accompanied by supporting documentation, such as, but not limited to, photographs, and repair invoices, bills and construction contracts. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined in Subsection o of this section. The public officer shall decide any timely filed appeal within 10 days of the hearing on the appeal and shall promptly, by certified mail, return receipt requested, and by regular mail, notify the property owner of the decision and the reasons therefor.
k.
The property owner may challenge an adverse determination as the result of an appeal with the public officer pursuant to Subsections g and h of this section, by instituting, in accordance with the New Jersey Court Rules, a summary proceeding in the Superior Court, Law Division, Monmouth County, which action shall be tried de novo. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the public officer pursuant to Subsection h of this section. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined in Subsection o of this section. The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the Court may extend the deadline for instituting the action. The public officer shall promptly remove any property from the abandoned property list that has been determined not to be abandoned on appeal.
l.
The abandoned property list shall become effective, and the Township
shall have the right to pursue any legal remedy with respect to properties
on the abandoned property list at such time as any one property has
been placed on the list in accordance with the provisions of this
section, upon the expiration of the period for appeal with respect
to that property or upon the denial of an appeal brought by the property
owner.
m.
Any interested party may submit a written request to the public officer
asserting that any property within the Township of Aberdeen should
be included on the abandoned property list. The written request must
specify the street address and block and lot number of the property
to be included, and the grounds for its inclusion. Within 30 days
of receipt of any such request, the public officer shall provide a
written response to the party, either indicating that the property
will be added to the list or, if not, the reasons for not adding the
property.
n.
Any interested party may participate in a redetermination hearing
regarding the inclusion of a property on the abandoned property list.
Upon written request by any interested party, the public officer shall
provide that party with at least 20 days' notice of any such
hearing. The party shall provide the public officer with notice at
least 10 days before the hearing of its intention to participate,
and the nature of the testimony or other information that is proposes
to submit at the hearing.
o.
Abandoned property shall be defined as property that is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, because of the presence or finding
of at least two of the following:
1.
Overgrown or neglected vegetation;
2.
The accumulation of newspapers, circulars, flyers, or mail on the
property;
3.
Disconnected gas, electric, or water utility services to the property;
4.
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
5.
The accumulation of junk, litter, trash, or debris on the property;
6.
The absence of window treatments such as blinds, curtains, or shutters;
7.
The absence of furnishings and personal items;
8.
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
9.
Windows or entrances to the property that are boarded up or closed
off, or multiple window panes that are damaged, broken, and unrepaired;
10.
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
11.
A risk to the health, safety, or welfare of the public or any adjoining
or adjacent property owners due to acts of vandalism, loitering, criminal
conduct, or the physical destruction or deterioration of the property;
12.
An uncorrected violation of a municipal building, housing, or similar
code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
13.
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
14.
A written statement issued by a mortgagor expressing the clear intent
of all mortgagors to abandon the property; or
15.
Any other reasonable indicia of abandonment.
p.
All registration fees assessed in accordance with this section shall be due immediately upon registration of the property to the abandoned property list and annually thereafter on the date of renewal pursuant to Subsection g of this section.
q.
No less than 20% of any money collected pursuant to this section
shall be utilized for municipal Code enforcement purposes.
[Added 12-15-2015 by Ord.
No. 21-2015]
[Amended 11-29-2022 by Ord. No. 19-2022]
a.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on residential property within the Township shall, within
10 days of serving the summons and complaint, notify the Township
Clerk that a summons and complaint in an action to foreclose on a
mortgage has been filed against the subject property and provide the
following information:
1.
The property's street address, lot, and block number;
2.
The date of the summons and complaint in the foreclosure action,
the court in which it was filed, and the docket number of the filing;
3.
The full name, address, and telephone number for the representative
of the creditor who is responsible for receiving complaints of property
maintenance and code violations pursuant to Paragraph one of N.J.S.A.
46:10B-51;
4.
The full name, address, and telephone number for any person or entity
retained by the creditor or a representative of the creditor to be
responsible for any care, maintenance, security, or upkeep of the
property;
b.
A creditor in an action to foreclose on a mortgage on residential property within the Township shall, within 10 days of a change in any of the information to be provided as set forth in Subsection a of this section, notify the Township Clerk of such change.
c.
An out-of-state creditor that serves a summons and complaint in an
action to foreclose on a residential property within the Township
must include the full name 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 pursuant to paragraph one of N.J.S.A. 46:10B-51.
d.
In the event a property being foreclosed on is an affordable unit
pursuant to the "Fair Housing Act" (N.J.S.A. 52:27D-301 et seq.),
the creditor shall provide notice to the Township Clerk within 10
days of service of a summons and complaint in an action to foreclose
on the mortgage advising the property is subject to the "Fair Housing
Act," include the street address, lot and block number of the property,
and the full name and contact information of an individual located
within the state who is authorized to accept service on behalf of
the creditor pursuant to paragraph one of N.J.S.A. 46:10B-51.
Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint to foreclose a lien on an residential property that is vacant and abandoned, whether the filing of the summons and complaint is made prior to or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer, as defined in Chapter 12, § 12-7, pursuant to the provisions of this section 12, § 12-8 of this Code, pursuant to the provisions of N.J.S.A. 2A:50-73, or otherwise.
If the public officer, or other authorized Township official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this section 12, § 12-8 or Chapter 12, § 12-7 of this Code, the Public Officer or other authorized Township official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice. If the violation presents an imminent threat to public health and safety, then remedial action must be completed within 10 days of receipt of notice. The issuance of this notice shall constitute prima facie evidence that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
[Amended 11-29-2022 by Ord. No. 19-2022]
a.
An out-of-state creditor found by a court of competent jurisdiction to have violated paragraph one of N.J.S.A. 46:10B-51 shall be subject to a fine of $2,500 for each day of the violation commencing on the day after the ten-day period set forth in paragraph one of N.J.S.A. 46:10B-51 and § 12-8.1 of this Code with respect to notifying the Township Clerk that an action to foreclose on the property has been filed.
b.
No less than 20% of any money collected pursuant to this section
shall be utilized for municipal Code enforcement purposes.
[Amended 11-29-2022 by Ord. No. 19-2022]
a.
Except as set forth in § 12-7.4[1] and herein, any person, firm, corporation or entity violating any provision of this section, § 12-8, or Chapter 12, § 12-7 of this Code, shall, upon conviction, be punishable as provided in Chapter 1, § 1-5, of this Code. A creditor required to care, maintain, secure and keep up a property under this section, cited in a notice issued pursuant to § 12-8.3, shall be subject to a fine of $1,500 for each day of the violation starting on the day immediately following the thirty-day remediation period, or ten-day remediation period for imminent threats to public health and safety, as set by Chapter 12, § 12-8.3 of this Code.
[1]
Editor's Note: So in original.
b.
The Township shall have the same recourse against any creditor as
it would against the title owner of the property if the Township,
as a matter of public necessity or safety, unilaterally decides to
expend public funds in order to abate a nuisance or correct a violation
on a property in situations in which the creditor was given notice,
but failed to abate the nuisance or correct the violation pursuant
to N.J.S.A. 46:10B-51 or pursuant to any other statutory or common
law authority.
c.
No less than 20% of any money collected pursuant to this section
shall be utilized for municipal Code enforcement purposes.
Notice of violations of property maintenance, building or other property codes for any property declared vacant and abandoned pursuant to this section shall be given to a foreclosing creditor pursuant to the procedures of § 12-8.3 of this Code as required by P.L. 2014, c. 35.
All sections hereof arising from or citing a specific statutory
reference shall be deemed as automatically adopting any amendment
to such statute(s) as may be consistent with the Township's purposes
in enacting this section.
If any provision or portion of a provision of this section is
held to be unconstitutional, preempted by federal or state law, or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the section shall not be invalidated. All prior ordinances
or parts of ordinances, which are inconsistent with any provisions
of this section, are hereby repealed as to the extent of such inconsistencies.
This section shall take effect following adoption and publication
in accordance with the laws of the State of New Jersey.
Nothing contained in this section shall be interpreted to waive,
limit or interfere with any other or additional rights the Township
or private individual may have or acquire, with regard to the condemnation,
remediation, injunctive relief, damages and fees, from other regulations,
statutes, common law or ordinances concerning remedial or enforcement
actions against properties (their owners, occupiers and interest holders)
which are abandoned, vacant, a public nuisance or constitute some
threat or impediment to the publics' interest, health or safety.
[Added 12-2-2021 by Ord.
No. 16-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean a licensed attorney of the State of New Jersey
appointed by the Mayor, subject to the advice and consent of the Township
Council. The hearing officer shall not own or lease any real property
within the Township of Aberdeen, nor hold any interest in the assets
of or profits arising from the ownership of such property.
Shall mean the person or persons who own or purport to own
any building in which there is rented or offered for rent housing
space for living or dwelling under either a written or oral lease,
including, but not limited to, any building subject to the "Hotel
and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et
seq.), and owner-occupied two-unit premises.
Shall mean an act of disorderly, indecent, tumultuous or
riotous conduct, including, by way of example but not limited to,
simple assault, terroristic threats, harassment, urinating in public,
lewdness, criminal mischief, excessive noise, petty disorderly offense,
or as a violation of any provision of Title 2C of the New Jersey Statutes
or any other municipal ordinance governing disorderly conduct upon
or in proximity to any rental premises, and attributed to the acts
or incitements of any of the tenants of those premises which have
been substantiated by prosecution and conviction and/or guilty plea
in any court of competent jurisdiction. For purposes of this definition,
the phrase "upon or in proximity to" shall mean anywhere on the property
or upon or within the adjacent right-of-way, adjoining roadways, or
adjoining properties.
[Added 12-2-2021 by Ord.
No. 16-2021]
a.
If, in any twenty-four-month period, two complaints, on separate
occasions, of disorderly, indecent, tumultuous or riotous conduct,
including, by way of example, but not limited to, simple assault,
assault, terroristic threats, harassment, lewdness, urinating in public,
criminal mischief, excessive noise, a petty disorderly offense, or
as a violation of any provision of Title 2C of the New Jersey Statutes
or any other municipal ordinance governing disorderly 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, the Township Council or any officer or employee of the
Township so designated by the Township Council for this purpose, may
institute proceedings to require the landlord of the rental premises
to post a bond against the consequences of future incidents of the
same character, or of a character actionable under this chapter. For
purposes of this definition, the phrase "upon or in proximity to"
shall mean anywhere on the property or upon or within the adjacent
right-of-way, adjoining roadways, or adjoining properties.
b.
The Township Council or any officer or employee of the municipality
designated by the Township Council shall cause to be served upon the
landlord, in person or by registered mail, to the address appearing
on the tax records of the municipality, notice advising of the institution
of such proceedings, together with particulars of the substantiated
complaint upon which those proceedings are based, and of the time
and place at which the hearing will be held in the matter, which shall
be in the Municipal Building, Municipal Court or such other public
place as designated by the Township Council, and which shall be no
sooner than 30 days from the date upon which the notice is served
or mailed.
c.
At the hearing convened pursuant to Subsection b above, 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 or offering such evidence, may present. At the conclusion of the hearing, the officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this section.
d.
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:
1.
Damages likely to be caused to public or private property consequent
upon disruption of affected residents' rights of fair use and
quiet enjoyment of their premises; and
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.
Compensating the municipality for the costs of repressing and prosecuting
such incidents of disorderly behavior; provided, however, no such
bond shall be in an amount less than $500 nor more than $5,000. The
municipality may enforce a bond thus requiring an 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 municipality.
e.
Any bond or other security deposited in compliance with Subsection d3 above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under Subsection 12-9.3 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by Subsection d above in the same manner as the landlord upon which the requirement was originally imposed; provided, however, the Township Council 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.
[Added 12-2-2021 by Ord.
No. 16-2021]
a.
If during the period for which a landlord is required to give security pursuant to Subsection 12-9.2 above, a substantiated complaint is recorded against the property in question, the Township Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in Subsection 12-9.2e 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 Subsection 12-9.2d 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 in Subsection 12-9.2d 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 action indicated the appropriateness of such change in order to effectually carry out the purposes of this section. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in Subsection 12-9.2d above.
[Added 12-2-2021 by Ord.
No. 16-2021]
The hearing officer shall be a person or persons appointed by
the Mayor, subject to the advice and consent of the Township Council.
A hearing officer shall not own or lease any real property within
the Township of Aberdeen, nor hold any interest in the assets of or
profits arising from the ownership or lease of such property.
[Added 12-2-2021 by Ord.
No. 16-2021]
a.
If a landlord has been required to post an animal house bond during
an existing tenancy, the property owner shall provide tenant a certification
on a form furnished by the Code Enforcement Officer in which the property
owner acknowledges that he or she has:
1.
Obtained, and attaches the original copies of a certification completed by each of the persons who will be tenants of the dwelling unit advising of that are aware of the existence of an animal house bond, and potential consequences thereof; the affidavit shall contain substantially the following language; provided, however, that this subsection shall apply only if the current or prior owner of a property that is the subject of rental license has been required to post a bond in accordance with § 12-9 et seq., commonly referred to as an "animal house bond" and that said bond shall continue to be in effect:
READ THIS IMPORTANT "ANIMAL HOUSE" NOTICE
I HEREBY ACKNOWLEDGE that I have been notified by the Landlord that this rental property has been found to fall within the Township of Aberdeen "Animal House" Ordinance, § 12-9, by an Administrative Hearing Officer on _____________________.
I understand that because of this Decision and Order in the
event any further "substantiated complaints" as defined in the Ordinance,
occur on the rental property, the Township of Aberdeen may take affirmative
action to repress further violations of the Township's quality
of life ordinances, which actions may include posting a Police or
Sheriff's Officer at the rental premises for such duration of
rental term as the Township shall determine to be necessary.
I further understand that in the event the Township takes such
action, the Township will bring proceedings against the Landlord to
hold the Landlord liable for any and all expenses and costs incurred
by the Township. Such money damages may include the salaries paid
to all Police or Sheriff's Officers who may be posted at the
premises, which costs may exceed $1,000 per weekend.
I acknowledge that I have hereby been advised that under the
terms of my lease, my Landlord may be entitled to recover from me
the money damages he is required to pay to the Township. I acknowledge
that I have been advised to read the terms of my lease carefully,
and if necessary to consult an attorney, so that I may fully understand
my potential liability.
I certify, swear and affirm, under oath, that the foregoing
statements made by me are true. I am aware that if any of the foregoing
statements made by me are willfully false, I am subject to punishment.
b.
If a property owner has been required to post an animal house bond
during an existing tenancy, the property owner shall forward the aforementioned
certification in lieu of an affidavit to each tenant within five business
days from the date of the administrative hearing officer's decision
and order and obtain executed copies of the same and submit the landlord's
certification in lieu of an affidavit to the Township within 10 business
days of the hearing officer's decision or provide proof that
he has taken reasonable steps to obtain the same from his tenants
and has been unable to do so.
[Added 12-2-2021 by Ord.
No. 16-2021]
a.
Any registration granted or issued pursuant to § 12-2.5 et seq. may be suspended or revoked as provided herein after notice and hearing for any of the following causes:
1.
In the event any tenant or occupant of any individual living unit
upon the registered premises is charged with a violation of a Township
ordinance, notice of the pending charge will be given by mail to the
registered party and the person designated to receive notices on the
behalf of the registered party. In the event two such complaints are
issued during one registered year and result in convictions and/or
guilty pleas in Municipal Court, then such convictions and/or guilty
pleas may be grounds for suspension or revocation of the registration.
In the event the owner of the licensed premises is the complaining
party and said complaint results in a conviction in municipal court,
such conviction shall not be counted as a complaint for purposes of
registration suspension or revocation.
