[Ord. No. 84-381 § 1]
a.
Established. There is hereby established in the Borough of Lake Como
a State Uniform Construction Code Enforcing Agency to be known as
the Building Department of Lake Como, consisting of a Construction
Official, Building Subcode Official, Plumbing Subcode Official, Electric
Subcode Official, 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.
b.
Qualifications of Officials. Each official position created in paragraph
a. shall be filled by a person qualified for such position pursuant
to P.L. 1975, C. 217 as amended and N.J.A.C. 5:23; provided that,
in lieu of any particular subcode official, an approved 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 P.L. 1975, C. 217 and N.J.A.C.
5:23, to hold each position.
c.
Office Location. 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.
[Ord. No. 84-381 § 2]
The Borough will not appoint a Board of Appeals, and leave appeals
under the jurisdiction of the County of Monmouth.
[Ord. No. 84-381 § 3; Ord. No. 2005-756; Ord.
No. 2005-758; Ord. No. 2007-792; Ord. No. 2013-886; amended 8-1-2023 by Ord. No. 2023-8]
a.
The fees to be charged for permits issued by the Building Department
under the State Uniform Construction Code shall be as provided in
the Fee Schedule as set forth below. A copy of the Fee Schedule shall
be maintained on file in the Building Department and in the office
of the Borough Clerk.
b.
Plan review fee. The fee for plan review shall be 20% of the amount
to be charged for a new construction permit. There shall be an additional
fee of $50 per hour or part thereof per subcode having assigned plan
review responsibility for review of an amendment or change to a plan
that has already been released. This fee may be waived at the discretion
of the Construction Official in the event the work and review is of
a minor nature.
c.
The basic construction fee shall be the sum of the parts computed
on the basis of the volume or the cost of construction, the number
of plumbing fixtures and pieces of equipment, the number of electric
fixtures and devices and the number of sprinklers, standpipes and
detectors (smoke and heat) at the unit rates and/or the applicable
flat fees provided herein plus any special fees. The minimum fee for
a basic construction permit covering any or all of building, plumbing,
electric or fire protection work shall be $85 per subcode except as
herein noted.
d.
All applicable fees shall be paid before a permit is issued, except
that the payment of all fees shall be waived.
1.
In the case of any construction, reconstruction, alteration or improvement
designed and undertaken solely to promote accessibility by handicapped
persons to an existing public or private structure or any of the facilities
contained therein, the enforcing agency fee shall be waived. For purposes
of this section, the phrase "handicapped person" shall have the same
meaning as is set forth in N.J.S.A. 52:27D-119 et seq., as the same
may be amended and supplemented.
e.
In addition to the fees charged by the municipality, a surcharge
in the amount provided by N.J.A.C. 5:23-4.19 shall be charged, collected
and remitted by the Building Department to the New Jersey Department
of Community Affairs.
f.
Fee Schedule.
1.
Building. Building volume or cost: The fees for new construction
or alteration are as follows:
(a)
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 $0.045
per cubic foot of volume for buildings and structures of all groups.
The minimum fee shall be $200.
(b)
Fees for reconstruction, renovations, alterations and repairs
or site construction associated with pre-manufactured construction,
and external utility connections for pre-manufactured construction
shall be based upon the estimated cost of the work. The fee shall
be in the amount of $42 per $1,000 of the estimated cost of work.
From $50,001 to and including $100,000, the additional fee shall be
in the amount of $36 per $1,000 of the estimated cost above $50,000.
Above $100,000, the additional fee shall be in the amount of $31 per
$1,000 of the estimated cost above $100,000.
(c)
For the purpose of determining the estimated cost, the applicant
shall submit such 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 fired contractor's bid, if available, shall
be submitted. The Construction Official shall make the final decision
regarding estimated cost.
(d)
Fees for additions shall be computed on the same basis for new
construction for the added portion.
(e)
Fees for combination renovations and additions shall be computed
separately in accordance with items f1(a) and (b) above.
(f)
The fee for tents requiring a construction permit shall be $175.
(g)
The fee for temporary structures requiring a construction permit
shall be $125.
(h)
The fee for roofing and siding work completed on structures
where required shall be considered renovation and calculated as per
paragraph f1(b) above.
(i)
The fee for an above-ground swimming pool shall be $100.
(j)
The fee for an in-ground swimming pool with a surface area greater
than 500 square feet shall be $300, the fee for all other cases shall
be $200.
(k)
The fee for replacing barriers surrounding and enclosing swimming
pools required to have barriers shall be $85.
(l)
The fee for a permit to construct a sign shall be in the amount
of $2.70 per square foot of surface area of the sign, computed on
one side only for a double-faced sign. The minimum fee shall be $85.
(m)
The fee for a permit for lead hazard abatement work shall be
$200. The fee for lead abatement clearance certificate shall be $45.
(n)
The fee for the issuance of a building permit that has not been
determined shall be $85.
(o)
The fee for a permit to move a building or structure from one
lot to another or to a new location on the same lot shall be $100
plus the cost of the new foundation and alterations to the building
or structure for the placement in a completed condition in the new
location shall be computed as required for renovations, alterations
and repairs in paragraph f1(b).
(p)
The fee to erect a fence greater than six feet in height shall
be $85.
(q)
The fee for an asbestos removal permit shall be $85.
(r)
Fees for retaining walls that require a construction permit
shall be as follows:
(1)
The fee for a retaining wall with a surface area greater than
550 square feet that is associated with a Class 3 residential structure
shall be $200;
(2)
The fee for a retaining wall with a surface area of 550 square
feet or less that is associated with a Class 3 residential structure
shall be $100;
(3)
The fee for a retaining wall of any size that is associated
with other than a Class 3 residential structure shall be in accordance
with paragraph f1(b) above.
(s)
The fee for a deck accessory to a group R-3, R-4 or R-5 structure
shall be $0.40 per square feet, all other decks shall be calculated
accordance with paragraph f1(b) above.
(t)
The fee for garden utility sheds and similar structures more
than 200 square feet and accessory to group R-3, R-4 or R-5 structure
that does not have a permanent footing below the frost line shall
be $85.
2.
Plumbing. Plumbing fixtures and equipment: The fees shall be as follows:
(a)
The fee shall be $25 per plumbing fixture and or water closet,
urinal, bidet, bath tub, shower, lavatory, sink, laundry tub, floor
drains, drinking fountains, residential dishwashers, garbage disposals,
clothes washers, water heaters up to 99 gallons, recirculation systems,
roof drains, hose bibs, air admittance valve, residential oil piping,
manholes, reheat coils, condensate drains, or similar devices, except
as listed below.
(b)
The fee shall be $100 per special device for the following:
grease traps, oil separators, water utility connections per every
150 lineal feet, sewer utility connections per every 150 lineal feet,
commercial dishwashers, backflow preventers in other than one- and
two-family dwellings, sewer pumps, interceptors, active solar systems
and, testing of waste and vents for modular homes.
(c)
For cross connections and backflow preventers that are subject
to testing, requiring reinspection annually, the fee shall be $85
for each device when they are tested.
(d)
The fee shall be $85 for the installation of a boiler (hot water
or steam) or furnace up to 250,000 BTUs.
(e)
The fee shall be $300 for the installation of a boiler (hot
water or steam) or furnace 250,001 BTU's and above.
(f)
The fee for Mechanical Inspections in R-3 and R-5 shall be $85.
3.
Electrical. The electrical subcode fees shall be as follows.
(a)
For the first block of one to 25 receptacles, fixtures or devices,
the fee shall be $85. For each additional block consisting of up to
25 receptacles, fixtures or devices, the fee shall be $25. For the
purpose of computing this fee, receptacles, fixtures or devices shall
include wall switches, convenience receptacles, light fixtures, exit
signs, emergency lights, smoke detectors, CO detectors, heat detectors,
communications points, rain sensor, CATV, intercoms, alarm devices,
glass-breaks, motion sensors, keypads, light standards eight feet
or less in height, including luminaries, thermostats, energy management
points, sensors, dimmers, 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).
(b)
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 each storable pool
or hydro massage bath tub; for each underwater lighting fixture; 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 $30.
(c)
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 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 $85.
(d)
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 $185.
(e)
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 $800.
(f)
The fee charged for electrical work for each permanently installed
private swimming pool as defined in the building subcode, spa, hot
tub or fountain shall be a flat fee of $175 which shall include any
required bonding, and associated equipment such as filter pumps, motors,
disconnecting means, switches, required receptacles, and heaters,
etc., excepting panelboards and underwater lighting fixtures. For
public swimming pools, the fee shall be charged on the basis of the
number of electrical fixtures and rating of electrical devices involved
in accordance with paragraphs f3(a) through (e) above.
(g)
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
$55 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 charged in accordance with paragraphs f3(a) through
(e) above.
(h)
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 paragraphs
e3(c), (d) and (e) above. There shall be no additional fee charged
for the concurrent installation of individual feeder conductors.
(i)
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.
(j)
For electrical work requiring replacement of service entrance
conductors or feeder conductors only, the fee shall be based on the
designated ampere rating of the overcurrent device of the service
or feeder as follows:
(k)
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.
(l)
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 portable plug-in type,
shall be counted.
(n)
The fee for the annual electrical inspection of swimming pools,
spas or hot tubs shall be $110.
4.
Fire protection. For fire protection and hazardous equipment, sprinklers,
standpipes, detectors (smoke and heat), pre-engineered suppression
systems, gas and oil fired appliances not connected to the plumbing
system, kitchen exhaust systems, incinerators and crematoriums, the
fee shall be as follows:
(a)
The fee for 20 or fewer heads shall be $110; for 21 to and including
100 heads, the fee shall be $210; for 101 to and including 200 heads,
the fee shall be $360; for 201 to and including 400 heads, the fee
shall be $1,000; for 401 to and including 1,000 heads, the fee shall
be $1,500; for over 1,000 heads, the fee shall be $2,000.
(b)
The fee for one to 12 detectors shall be $85; for each 25 detectors
in addition to this, the fee shall be in the amount of $35.
(c)
The fee for each standpipe shall be $325.
(d)
The fee for each independent pre-engineered system shall be
$150.
(e)
The fee for each gas or oil fired appliance that is not connected
to the plumbing system shall be $85.
(f)
The fee for each kitchen exhaust system shall be $85.
(g)
The fee for each incinerator shall be $500.
(h)
The fee for each crematorium shall be $500.
(i)
For single and multiple station smoke or heat detectors and
fire alarm systems in any one- or two-family dwellings, there shall
be a flat fee of $85 per dwelling unit. For detectors and fire alarm
systems in buildings other than one- or two-family dwellings, the
fee shall be charged in accordance with paragraph f4(b) above.
(j)
All other fire protection devices, tank installs/removals, solar
installations, etc., shall be charged the $85 where appropriate.
5.
Demolition. The fee for a demolition or removal permit shall be $110
for a structure of less than 5,000 square feet in area and less than
30 feet in height, for one- or two-family dwellings (Group R-3 or
R-5 of the building subcode), structures on farms, including commercial
farm buildings under N.J.A.C. 5:23-3.2(d), and $250 for all other
groups. The fee for demolition of a fuel storage tank or septic tank
accessory to a use group R-3, R-4 or R-5 structure shall be $85.
6.
Certificates.
(a)
The fee for a certificate of occupancy shall be $60.
(b)
The fee for a certificate of occupancy granted pursuant to a
change of use group shall be $200.
(c)
The fee for a certificate of continued occupancy issued under
N.J.A.C. 5:23-2.23(c) shall be $200.
(d)
The fee for the first issuance and the renewal of a temporary
certificate of occupancy shall be $30.
(1)
Exception. There shall be no fee for the first issuance of the
temporary certificate of occupancy provided the certificate of occupancy
fee is paid at that time.
(2)
Exception. Where a written request for a temporary certificate
of occupancy is made for reasons other than uncompleted work covered
by the permit (such as uncompleted work required by prior approvals
from state or municipal agencies), no renewal fee shall be charged.
7.
Variations. The fee for an application for a variation in accordance
with N.J.A.C. 5:23-2.10 shall be $748 for Class I structures, $151
for Class II structures and $75 for Class III structures. The fee
for resubmission of an application for a variation shall be $289 for
Class I structures and $82 for Class II structures and $50 for Class
III structures.
8.
Annual permits. 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. Fees for annual permits shall be as follows:
(a)
One to 25 workers (including foremen) $840/worker; each additional
worker over 25, $292/worker.
(b)
Prior to the issuance of the annual permit, a training registration
fee of $176 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, Education
Unit along with a copy of the construction permit (Form F170). Checks
shall be made payable to "Treasurer, State of New Jersey." The Department
shall register these individuals and notify them of the courses being
offered.
[Ord. No. 84-381 § 4; Ord. No. 2005-756]
a.
The Uniform Construction Code Official shall, with the advice of
the subcode officials, prepare and submit to the Borough Council annually
on December 31, a report recommending a fee schedule based on the
operating expenses of the agency; and any other expenses of the Municipality
fairly attributable to the enforcement of the State Uniform Construction
Code Act.
b.
In order to provide for the training, certification and technical
support programs required by the Uniform Construction Code Act and
the Regulations, the enforcing agency shall collect, in addition to
the fees specified above, a surcharge per cubic foot of volume of
new construction, which shall be in accordance with the fees established
and maintained through the New Jersey Uniform Construction Code Standards
for Municipal Fees. The surcharge fee shall be remitted to the Bureau
of Housing Inspection, Department of Community Affairs, on a monthly
basis.
c.
The enforcing agency shall report annually at the end of each fiscal
year to the Bureau of Housing Inspection, and not later than July
31, the total amount of the surcharge fee collected in the fiscal
year.
[1973 Code § 8-2.1; New]
The Code Enforcement Officer of the Borough is hereby designated
as the Officer to exercise the powers prescribed by the within section.
[1973 Code § 8-2.2]
Pursuant to the provisions of N.J.S.A. 40:49-5.1 the "New Jersey
State Housing Code", as approved by the Departments of Health and
Environmental Development and filed in the Secretary of State's office,
is hereby accepted, adopted and established as a standard to be used
as a guide in determining whether dwellings in the Borough are safe,
sanitary and fit for human habitation and rental. A copy of the "New
Jersey State Housing Code" is annexed hereto by reference and three
copies of the same have been placed on file in the office of the Borough
Clerk and are available to all persons desiring to use and examine
the same.
[1973 Code § 8-2.3; New]
The Code Enforcement Officer is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units, and premises located within the Borough in order
that he may perform his duty of safeguarding the health and safety
of the occupants of dwellings and of the general public. For the purpose
of making such inspections, the Code Enforcement Officer is hereby
authorized to enter, examine and survey at all reasonable times all
dwellings, dwelling units, rooming units, and premises. The owner
or occupant of every dwelling, dwelling unit, and rooming unit, or
the person in charge thereof, shall give the Code Enforcement Officer
free access to such dwelling, dwelling unit or rooming unit and its
premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of a dwelling or dwelling unit
shall give the owner thereof, or his agent or employee access to any
part of such dwelling or dwelling unit, or its premises, at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this section
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to this section.
[1973 Code § 8-2.4]
Whenever the Code Enforcement Officer determines that there
are reasonable grounds to believe that there has been a violation
of this section or of any rule or regulation adopted pursuant thereto,
he shall give notice of such alleged violation to the person responsible
therefore as hereinafter provided. Such notice shall be put in writing;
include a statement of the reasons why it is being issued; allow a
reasonable time for the performance of any act it requires; and be
served upon the owner or his agent, or the occupant, as the case may
require. Such notice shall be deemed to be properly served upon such
owner or his agent, or the occupant, as the case may require. Such
notice shall be deemed to be properly served upon such owner or agent
or upon such occupant if a copy thereof is served upon him personally;
or if a copy thereof is sent by registered mail to his last known
address; or if a copy thereof is posted in a conspicuous place in
or about the dwelling affected by the notice; or if he is served with
such notice by any other method authorized or required under the laws
of this State. Such notice may contain an outline of remedial action
which, if taken, will affect compliance with this section and with
rules and regulations adopted pursuant thereto.
[1973 Code § 8-2.5]
Any person affected by any notice which has been issued in connection
with the enforcement of this section, or any rule or regulation adopted
pursuant thereto, may request and shall be granted a hearing on the
matter before the Code Enforcement Officer, provided such person files
in the office of the Borough Clerk a written petition requesting such
hearing and setting forth a brief statement of the grounds therefor
within 10 days after the day the notice was served. Upon receipt of
such petition, the Code Enforcement Officer shall set a time and place
for such hearing and shall give the petitioner written notice thereof.
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed; provided that upon application of
the petitioner, the Code Enforcement Officer may postpone the date
of the hearing for a reasonable time beyond such ten-day period, if
in his judgment the petitioner has submitted a good and sufficient
reason for such postponement. After such hearing, the Code Enforcement
Officer shall sustain, modify or withdraw the notice, depending upon
his findings as to whether this section and the rules and regulations
adopted pursuant thereto have been complied with. If the Code Enforcement
Officer sustains or modifies such notice, it shall be deemed to be
an order. Any notice served pursuant to this section shall automatically
become an order if a written petition for a hearing is not filed in
the Borough Clerk's office within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision
of the Code Enforcement Officer shall be summarized, reduced to writing,
and entered as a matter of public record in the Borough Clerk's office.
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 Code Enforcement Officer may seek relief therefrom in any court
of competent jurisdiction, as provided by the laws of the State. Whenever
the Code Enforcement Officer finds that an emergency exists which
requires immediate action to protect the public health or safety,
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 the other provisions
of this section, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Code Enforcement Officer shall be afforded
a hearing as soon as possible. After such hearing, depending upon
his findings as to whether this section and the rules and regulations
adopted pursuant thereto have been complied with, the Code Enforcement
Officer shall continue such order in effect, or modify it, or revoke
it.
[1973 Code § 8-2.6]
The Code Enforcement Officer is hereby authorized and empowered
to make and adopt such written rules and regulations as he may deem
necessary for the proper enforcement of the provisions of this section,
provided that such rules and regulations shall not be in conflict
with the provisions of this section, nor in any way alter, amend or
supersede any of the provisions thereof. The Code Enforcement Officer
shall file a certified copy of all rules and regulations which he
may adopt in his office and in the Borough Clerk's office.
[1973 Code § 8-2.7]
No person shall occupy as owner, occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the "New Jersey
State Housing Code" established hereby as the standard to be used
in determining whether a dwelling is safe, sanitary and fit for human
habitation.
Editor's Note: Prior ordinance history includes portions of
1973 Code §§ 8-3.1 — 8-3.9 and Ord.
No. 310.
[Ord. No. 2009-838]
It is hereby found and declared that the existence or occupation
of any building or buildings, or parts thereof, in the Borough of
Lake Como which are so old, dilapidated or have become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation, or occupancy, or use, are inimical to the welfare and
dangerous and injurious to the health and safety of the people of
the Borough of Lake Como, and that should a public necessity exist
for the repair, closing or demolition of such building or buildings,
or part thereof that appropriate procedures should be fashioned to
effectively address these situations when they occur. Whenever the
Borough of Lake Como finds that there exists in any building or buildings
which are unfit for human habitation or occupancy, or use, due to
dilapidation, defects increasing the hazards of fire, accidents or
other calamities, lack of ventilation, light or sanitation facilities,
or due to other conditions rendering such building or buildings, or
part thereof, unsafe or unsanitary, or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Borough of Lake Como, power is hereby conferred upon the Construction
Official or Director of Code Enforcement to repair, close or demolish,
or cause or require the repairing, closing or demolition of such building
or buildings, or part thereof, in the manner provided herein.
Further, it is hereby found and declared that the existence
of brush, weeds, including ragweed, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris, or, any
solid waste stored in such a way that it is accessible to and likely
to be strewn about by animals such as but not limited to dogs, cats,
raccoons, birds, or rodents in the vicinity of any buildings or lands,
or parts thereof, in the Borough of Lake Como constitute a hazard
to the public health, safety, and general welfare. Therefore, appropriate
procedures should be fashioned to effectively address these situations
when they occur particularly when the owner or tenant refuses or neglects
to abate or remedy the situation in the manner and within the time
required by ordinance, and provide for the imposition of penalties
for the violation of the ordinance and abatement of said conditions
in the manner provided herein.
In addition, it is hereby found and declared that the continuing
violation of Borough ordinances or State law relating to the occupation,
maintenance or use of a dwelling or lands constitute a hazard to the
public health, safety, general welfare and a nuisance to the residents
of the Borough of Lake Como. Therefore, appropriate procedures should
be fashioned to effectively address these situations when they occur
particularly when the owner or tenant refuses or neglects to abate
or remedy the situation in the manner and within the time required
by ordinance, and provide for the imposition of penalties for the
violation of the ordinance and abatement of said conditions in the
manner provided herein.
[Ord. No. 2009-838]
The following terms whenever used or referred to in this section
shall have the following respective meanings for the purposes of this
section, unless a different meaning clearly appears from the context:
shall mean any building, or structure, or part thereof, whether
used for human habitation or otherwise, and includes any outhouses,
and appurtenances belonging thereto or usually enjoyed therewith.
shall mean:
Any building or buildings, or parts thereof, which have come
into a state of disrepair through neglect, lack of maintenance or
use, fire, accident or other calamities, or through any other act
rendering the building or buildings, or parts thereof, in a state
of disrepair, to the extent that the building is unfit for human habitation
or occupancy or use, or;
\If conditions exist in any 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 Borough
of Lake Como; such conditions shall be deemed to 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; failure to comply with
the requirements of any Federal, State or Borough of Lake Como building,
housing or fire or related codes, or the certificate of occupancy.
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 are in actual
possession thereof, including by way of example and not of limitation;
tenants, lessees, mortgage holders and lien holders.
[Ord. No. 2009-838]
a.
The Construction Official or Director of Code Enforcement is hereby
designated and appointed to exercise the powers prescribed by this
subsection.
b.
Whenever a petition is filed with the Construction Official or Director
of Code Enforcement by a public authority or by at least five residents
of the Borough of Lake Como, charging that any building is unfit for
human habitation or occupancy or use, or, is inimical to any resident's
welfare, or whenever it appears to the Construction Official or Director
of Code Enforcement (on his own motion) that any building is unfit
for human habitation or occupancy or use, or, is inimical to any resident's
welfare, the Construction Official or Director of Code Enforcement
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 will be held before
the Construction Official or Director of Code Enforcement (or his
designated agent) at a place therein fixed not less than seven days
nor more than 30 days after the serving of said 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 Construction Official or Director of Code Enforcement.
c.
If, after such notice and hearing, the Construction Official or Director
of Code Enforcement determines that the building under consideration
is unfit for human habitation or occupancy or use, or, is inimical
to any resident's welfare he shall state in writing his findings of
fact in support of such determination and shall issue and cause to
be served upon the owner thereof, and parties in interest an order:
1.
Requiring the repair, alteration or improvement of the building to
be made by the owner, within a reasonable time, 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; and
2.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
d.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Construction Official or Director of Code Enforcement may cause
such building to be repaired, altered or improved, or
e.
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official or Director of Code Enforcement
may cause such building to be removed or demolished or may contract
for the removal or demolition thereof after advertisement for, and
receipt of, bids therefor.
f.
The amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges, incurred in the course of any proceeding
taken under this subsection determined in favor of the municipality,
and
2.
Such cost of such 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 or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Construction Official or
Director of Code Enforcement, he shall sell the materials of such
building, if a commercial market for such materials exists. There
shall be credited against the cost of the removal or demolition thereof,
including the clearance and, if necessary, leveling of the site, the
proceeds of any sale of such materials or any sum derived from any
contract for the removal or demolition of the building. 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 shall be filed with the Municipal Tax Assessor or other
custodian of the records of tax liens and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total
of the credits exceeds such costs, the balance remaining shall be
deposited in the Superior Court by the Construction Official or Director
of Code Enforcement, shall be secured in such manner as may be directed
by such 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. Any owner or party in interest may,
within 30 days from the date of the filing of the lien certificate,
proceed in a summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the Construction Official or Director of Code Enforcement may, after
taking such measures as may be necessary to make such building temporarily
safe, seek a judgment in summary proceedings for the demolition thereof.
Nothing in this section shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this subsection intended to limit the
authority of the enforcing agency or construction official under the
"State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A.
52:27D-119 et seq.) or any rules or regulations adopted thereunder.
[Ord. No. 2009-838]
Complaints or orders issued by the Construction Official or
Director of Code Enforcement pursuant to this subsection shall be
served upon persons either personally or by registered mail, but if
the whereabouts of such persons are unknown and the same cannot be
ascertained by the Construction Official or Director of Code Enforcement
in the exercise of reasonable diligence, then the Construction Official
or Director of Code Enforcement shall make an affidavit to that effect,
then the serving of such complaint or order upon such persons may
be made by publishing the same once in a newspaper printed and published
in the Borough of Lake Como, or, in, the absence of such newspaper,
in one printed and published in Monmouth County and circulating in
the Borough of Lake Como. A copy of such complaint or order shall
be posted in a conspicuous place on premises affected by the complaint
or order. A copy of such complaint or order shall be duly recorded
or logged for record with the Monmouth County recording officer.
[Ord. No. 2009-838]
The Construction Official or Director of Code Enforcement is
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 municipality 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, and in compliance
with applicable law;
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of the ordinances;
and
e.
To delegate any of his functions and powers under the ordinance to
such officers and agents as he may designate.
Any action taken using revenues derived from the local property
tax shall be taken only after advertisement for, and receipt of, bids
therefor, pursuant to the provisions of the "Local Public Contracts
Law," P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.), unless the action
is necessary to prevent imminent danger to life, limb or property,
or the Borough of Lake Como provides the work required to ameliorate
the deficiencies of the building(s).
[Ord. No. 2009-838]
a.
Notwithstanding any law to the contrary, the Construction Official
or Director of Code Enforcement, to finance the costs of accomplishing
the purpose of this subsection, shall have the power to accept gifts,
grants or donations from private or public agencies and individuals,
which the Construction Official or Director of Code Enforcement determines
will be beneficial to the purposes of this subsection.
b.
All funds received pursuant to paragraph a. of this subsection shall
be placed in a separate municipal fund designated as the "Emergency
Demolition Fund" to be used solely for demolition related activities.
The Construction Official or Director of Code Enforcement shall have
the sole discretion in determining which funds will be accepted and
the time and manner of all expenditures necessary to carry out the
purposes of this subsection. All payments made pursuant to this subsection
shall be made under the direction of the Construction Official or
Director of Code Enforcement.
[Ord. No. 2009-838]
The Construction Official or Director of Code Enforcement after
adoption of this subsection shall as soon as possible thereafter prepare
an estimate of the annual expenses or costs to provide the equipment,
personnel and supplies necessary for periodic examinations and investigations
of the buildings in the Borough of Lake Como for the purpose of determining
the fitness of such buildings for human habitation or occupancy or
use, or, whether such buildings are inimical to the residents of the
Borough of Lake Como and for the enforcement and administration of
this subsection. The Construction Official or Director of Code Enforcement
shall report his findings to the Mayor and Council of the Borough
of Lake Como so they may consider making such appropriations from
its revenues as it may deem necessary for this purpose and may accept
and apply grants or donations to assist it in carrying out the provisions
of this subsection.
[Ord. No. 2009-838]
If the Construction Official or Director of Code Enforcement
determines it shall be necessary and expedient for the preservation
of the public health, safety, general welfare or to eliminate a fire
hazard, to remove from such lands or dwelling or destroy brush, weeds,
including ragweed, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris; he shall serve a notice
upon the owner of and parties in interest in such dwelling or lands
within the Borough of Lake Como requiring the removal or destruction
of the same.
Notices issued by the Construction Official or Director of Code
Enforcement pursuant to this section shall be served upon persons
either personally or by registered mail, but if the whereabouts of
such persons is unknown and the same cannot be ascertained by the
Construction Official or Director of Code Enforcement in the exercise
of reasonable diligence, then the Construction Official or Director
of Code Enforcement shall make an affidavit to that effect, then the
serving of such complaint or order upon such persons may be made by
publishing the same once in a newspaper printed and published in the
Borough of Lake Como, or, in the absence of such newspaper, in one
printed and published in Monmouth County and circulating in the Borough
of Lake Como.
The owner of the dwelling or lands shall have 10 days after
service of the notice to remove or destroy the same. If the owner
shall have refused or neglected to remove or destroy same in the manner
and within the time provided above, the Construction Official or Director
of Code Enforcement shall notify the Department of Public Works, who
shall remove or destroy the same. If, due to the size or nature of
the remediation, the Department of Public Works is unable to remediate
the dwelling or lands the Construction Official or Director of Code
Enforcement may contract for the removal or demolition thereof after
advertisement for, and receipt of, bids therefor pursuant to the provisions
of the "Local Public Contracts Law," P.L. 1971, c. 198, (N.J.S.A.
40A:11-1 et seq.), unless the action is necessary to prevent imminent
danger to life, limb or property.
In addition to any other penalty for failure to maintain the
dwelling or lands, the owner shall be subject to a fine in the amount
of $500 for refusing or neglecting to remove or destroy same in accordance
with the notice of the Construction Official or Director of Code Enforcement.
In all cases where brush, weeds, including ragweed, dead and dying
trees, stumps, roots, obnoxious growth, filth, garbage, trash and
debris are destroyed or removed from any dwelling or lands by or under
the direction of the Construction Official or Director of Code Enforcement,
he shall certify the cost thereof to the Mayor and Borough Council,
which shall examine the certificate, and if found correct shall cause
the cost as shown thereon to be charged against said dwelling or lands;
the amount so charged shall forthwith become a lien upon such dwelling
or lands and shall be added to and become and form 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 same officers and in the same manner as taxes.
[Ord. No. 2009-838]
If the Construction Official or Director of Code Enforcement
determines it shall be necessary and expedient for the preservation
of the public health, safety, general welfare or to eliminate a fire
hazard, to remove from such lands or dwelling or destroy any solid
waste stored in such a way that it is accessible to and likely to
be strewn about by animals such as but not limited to dogs, cats,
raccoons, birds or rodents; he shall serve a notice upon the owner
of and parties in interest in such dwelling or lands within the Borough
of Lake Como requiring the removal or destruction of the same.
Notices issued by the Construction Official or Director of Code
Enforcement pursuant to this section shall be served upon persons
either personally or by registered mail, but if the whereabouts of
such persons is unknown and the same cannot be ascertained by the
Construction Official or Director of Code Enforcement in the exercise
of reasonable diligence, then the Construction Official or Director
of Code Enforcement shall make an affidavit to that effect, then the
serving of such complaint or order upon such persons may be made by
publishing the same once in a newspaper printed and published in the
Borough of Lake Como, or, in the absence of such newspaper, in one
printed and published in Monmouth County and circulating in the Borough
of Lake Como.
The owner of the dwelling or lands shall have a specified period
of time which shall be not less than 72 hours or more than 10 days
after the owner has been served with the notice to remove or destroy
same. If the owner shall have refused or neglected to remove or destroy
same in the manner and within the time provided above, the Construction
Official or Director of Code Enforcement shall notify the Department
of Public Works, who shall remove or destroy the same. If, due to
the size or nature of the remediation, the Department of Public Works
is unable to remediate the dwelling or lands the Construction Official
or Director of Code Enforcement may contract for the removal or demolition
thereof after advertisement for, and receipt of, bids therefor pursuant
to the provisions of the "Local Public Contracts Law," P.L. 1971,
c. 198, (N.J.S.A. 40A:11-1 et seq.), unless the action is necessary
to prevent imminent danger to life, limb or property.
In addition to any other penalty for failure to maintain the
dwelling or lands, the owner shall be subject to a fine in the amount
of $500for refusing or neglecting to remove or destroy same in accordance
with the notice of the Construction Official or Director of Code Enforcement.
In all cases where any solid waste stored in such a way that it is
accessible to and likely to be strewn about by animals such as but
not limited to dogs, cats, raccoons, birds, or rodents are destroyed
or removed from any dwelling or lands by or under the direction of
the Construction Official or Director of Code Enforcement, he shall
certify the cost thereof to the Mayor and Borough Council, which shall
examine the certificate, and if found correct shall cause the cost
as shown thereon to be charged against said dwelling or lands; the
amount so charged shall forthwith become a lien upon such dwelling
or lands and shall be added to and become and form 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 same officers and in the same manner as taxes.
[Ord. No. 2009-838]
If the Construction Official or Director of Code Enforcement or any Borough official or employee under his control has issued two or more notices, complaints or summonses for the violation of any Borough ordinance or State law relating to the occupation, maintenance or use of a dwelling or lands, except for the instances described in subsections 9-3.1 through 9-3.10 and the owner has failed to abate the nuisance or otherwise correct the defect, the Construction Official or Director of Code Enforcement shall serve a written notice of the same to the Mayor and Borough Council. The owner of and parties in interest in such dwelling or lands shall be served a copy of the notice to the Mayor or Borough Council at least 10 days before the Mayor and Borough Council shall consider the same. Said notice shall describe the nature of the offenses, the issuance of the two or more notices, complaints or summonses for the violations, the owner's failure to address the violations, requesting the matter be heard and that the Mayor and Council determine that the offenses constitute a public or private nuisance, and authorizing him to abate the nuisance or otherwise correct the defect in accordance with this section.
Notices issued by the Construction Official or Director of Code
Enforcement pursuant to this section shall be served upon persons
either personally or by registered mail, but if the whereabouts of
such persons are unknown and the same cannot be ascertained by the
Construction Official or Director of Code Enforcement in the exercise
of reasonable diligence, then the Construction Official or Director
of Code Enforcement shall make an affidavit to that effect, then the
serving of such complaint or order upon such persons may be made by
publishing the same once in a newspaper printed and published in the
Borough of Lake Como, or, in the absence of such newspaper, in one
printed and published in Monmouth County and circulating in the Borough
of Lake Como.
The Mayor and Borough Council shall consider the same at the
next meeting held in accordance with the Open Public Meetings Act
(N.J.S.A. 10:4-1 et seq.). If the Mayor and Borough Council deem that
the nature of the offenses and that the continuation of the offenses
constitute a public or private nuisance the Mayor and Borough Council
shall issue a written resolution embodying said determinations. The
resolution shall provide that if the nuisance is not abated or deficiencies
corrected with 10 days of the date of the resolution that the Borough
will abate the condition and the costs of the same shall be a lien
against the property as provided herein. The resolution shall be promptly
served upon the owner of and parties in interest in such dwelling
or lands by the Construction Official or Director of Code Enforcement.
Notices and resolutions issued or served by the Construction
Official or Director of Code Enforcement pursuant to this subsection
shall be served upon persons either personally or by registered mail,
but if the whereabouts of such persons are unknown and the same cannot
be ascertained by the Construction Official or Director of Code Enforcement
in the exercise of reasonable diligence, then the Construction Official
or Director of Code Enforcement shall make an affidavit to that effect,
then the serving of such complaint or order upon such persons may
be made by publishing the same once in a newspaper printed and published
in the Borough of Lake Como, or, in the absence of such newspaper,
in one printed and published in Monmouth County and circulating in
the Borough of Lake Como.
If the nuisance is not abated or deficiencies corrected within
the time specified in the resolution, the Construction Official or
Director of Code Enforcement shall notify the Department of Public
Works, who shall abate the nuisance or otherwise correct the defect.
If, due to the size or nature of the remediation, the Department of
Public Works is unable to remediate the dwelling or lands, the Construction
Official or Director of Code Enforcement may contract for the removal
or demolition thereof after advertisement for, and receipt of, bids
therefor pursuant to the provisions of the "Local Public Contracts
Law," P.L. 1971, c. 198, (N.J.S.A. 40A:11-1 et seq.), unless the action
is necessary to prevent imminent danger to life, limb or property.
The Construction Official or Director of Code Enforcement shall
certify the cost thereof to the Mayor and Borough Council, which shall
examine the certificate, and if found correct shall cause the cost
as shown thereon to be charged against said dwelling or lands; the
amount so charged shall forthwith become a lien upon such dwelling
or lands and shall be added to and become and form 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 same officers and in the same manner as taxes.
[Ord. No. 2009-838]
a.
The Construction Official or Director of Code Enforcement, may request
that the Borough Council appoint a Housing and Property Maintenance
Custodian ("Custodian") to ensure the proper compliance with municipal
ordinances and State laws applicable to the abatement of nuisances,
the correction of defective conditions, and the proper maintenance
of properties within the Borough of Lake Como. The Borough Council
on its own initiative may also appoint a Housing and Property Maintenance
Custodian.
b.
The Borough Council shall consider the appointment of, and shall
appoint, a Custodian at a meeting held in accordance with the Open
Public Meetings Act (N.J.S.A. 10:4-1 et seq.). Not less than seven
days prior to said meeting the property owners) and the parties in
interest to the property shall be given written notice, by regular
mail and by certified mail return receipt requested, of the date and
time of the meeting to consider the appointment of a Custodian. The
property owner and/or parties in interest may file an answer to the
notice and shall be given the right to appear in person and give testimony
at the place and time fixed in the notice. If the Borough Council
deems that the appointment of a Custodian is warranted the same shall
be embodied in a written resolution. Said resolution shall be served
upon the property owner and the parties in interest to the property
by regular mail and by certified mail return receipt requested.
c.
The appointment of a Custodian may be ordered if the Borough Council
finds that:
1.
The property owner has been in violation of any provision of Section 9-3 or similar municipal ordinances and State laws applicable to the abatement of nuisances, the correction of defective conditions, and the proper maintenance of properties, on more than one occasion, which required the Borough to perform the abatement of a nuisance, the correction of a defective condition, and/or the maintenance of the property ("corrective work") and which resulted in lien being placed upon the property due to the failure of the property owner to pay the costs associated with the Borough's performance of the corrective work; or,
2.
The Borough Council determines that the property owner has been in violation of any provision of Section 9-3 or similar municipal ordinances and State laws applicable to the abatement of nuisances, the correction of defective conditions, and the proper maintenance of properties, on more than one occasion, which required the Borough to perform corrective work and the costs associated with the Borough's performance of the corrective work have been paid and that the property owner is willfully not complying, or through obvious neglect continues to fail to comply, with any provision of Section 9-3 or similar municipal ordinances and State laws applicable to the abatement of nuisances, the correction of defective conditions, and the proper maintenance of properties.
d.
The appointment of a Custodian for any such building or structure by the Borough Council, may be either an officer of the Borough or any other person specifically designated by the Borough Council to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition, or the maintenance of the premises in a proper condition so as to conform to the requirements of Section 9-3 or similar municipal ordinances and State laws applicable to the abatement of nuisances, the correction of defective conditions, and the proper maintenance of properties applicable thereto.
e.
The compensation, if any, of the Custodian shall be set forth in
the resolution appointing the Custodian. The compensation of the Custodian
shall be determined relative to the amount of corrective work required,
the anticipated length of time the Custodian's services will be needed,
the knowledge and skill required of the Custodian to manage and supervise
the corrective work and any other factors relative to the property
to be managed and supervised by the Custodian.
f.
The compensation for the Custodian and the costs and expenses incurred
by the Custodian shall be collectible as provided herein. The Custodian
shall certify the cost thereof to the Borough Council, which shall
examine the certificate, and if found correct shall cause the cost
as shown thereon to be charged against said dwelling or lands; the
amount so charged shall forthwith become a lien upon such dwelling
or lands and shall be added to and become and form 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 same officers and in the same manner as taxes.
[Ord. No. 2009-838]
Nothing in this Section shall be construed to abrogate or impair
the powers of the courts or of any department or official of the Borough
of Lake Como to enforce any provisions of its charter or its ordinances
or regulations, nor to prevent or punish violations thereof; and the
powers conferred by this subsection shall be in addition and supplemental
to the powers conferred by any other law.
Editor's Note: See also Section 11-2, Summer Rental License.
[1973 Code § 8-4.1; Ord. No. 360 § 1; Ord. No. 92-564 § 1; Ord. No. 2007-804; Ord. No. 2009-839]
No person, persons, partnership, firm or corporation, or agents,
servants or representatives of any of the foregoing, shall occupy
subsequent to a transfer of title or rent, lease or suffer the occupancy
of, the letting of, the use of, or allow any person or persons, partnership,
firm or corporation the use of or to live in or upon or inhabit as
a tenant or tenants or occupants, or to occupy as any new owner, resale
owner or cotenant or co-owner or occupant, any dwelling house or houses
or dwelling unit or units or building or buildings or structure or
structures within the confines of the Borough unless and until any
such aforesaid person, persons, partnership, firm or corporation,
or any other aforesaid designated individual shall have first obtained
from the Code Enforcement Officer a Certificate of Inspection and
permit authorizing any of the foregoing. Any rental or leased premises
which have not been inspected or reinspected for the purpose of a
Certificate of Inspection within the past three years shall be subject
to a new inspection. If any violations are found, they shall be remedied
within 30 days as per the provisions of the BOCA Code previously adopted
by the Borough of Lake Como and all other provisions of the National
Property Management Code and all other New Jersey Statutes and Municipal
Ordinances.
[1973 Code § 8-4.2; Ord. No. 360 § 2; Ord. No. 88-524 § 1]
The provisions of subsection 9-4.1 shall apply with equal force and effect to any and all new and additional lettings, tenants, transfer of title of premises or any part thereof, and occupancies of any dwelling house or houses or dwelling unit or dwelling units or building or buildings or structure or structures within the Borough upon the vacating of same by any and each occupant hereafter, whether the occupant was a tenant or owner, or co-owner or occupant not covered by either of the foregoing, and upon the re-renting or re-occupancy by any of the foregoing, as may hereafter occur, whether the re-occupancy is by virtue of transfer of title of the dwelling house or houses or dwelling unit or dwelling units or building or buildings or structure or structures or by virtue of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated.
[1973 Code § 8-4.3; Ord. No. 360 §§ 3, 4]
As used in this section:
shall mean and include, but not be limited to, any and all
assembly buildings or structures or business buildings or structures,
or factory and industrial buildings or structures or institutional
buildings or structures or mercantile buildings or structures or storage
buildings or structures or residential buildings or structures or
temporary and miscellaneous use buildings or structures.
shall mean and include, but not be limited to, any and all
one-family dwellings or dwellings constructed for, or occupied by,
more than one family, not excluding apartments in apartment houses
and garden apartments and a dwelling unit as applicable to this section
shall include, but not be limited to, any and all apartments and portions
of apartments in dwelling houses, not excluding apartments in apartment
houses and garden apartments. This section shall apply to each and
every dwelling house as aforesaid and to each and every dwelling unit
within the Borough, whether the same are, or are situate in, single-dwelling
structures or multiple-dwelling structures, but there shall be deemed
excluded from this section any hotel room, motel room, boarding house
room, and rooming house room rentals, but there shall not be deemed
excluded therefrom the sale or transfer of title of any apartment
house, garden apartments, hotel or hotels, or motel or motels, or
rooming houses, boarding houses or motels and nothing contained herein
shall exempt any of the buildings, or parts of buildings, covered
by this section from full and complete compliance with any other provisions
of any other ordinance or ordinances of the borough as the same may
be applicable.
[1973 Code § 8-4.4; Ord. No. 360 § 5; New; Ord. No. 2007-806; Ord. No. 2009-839]
Prior to the rental, transfer of title or occupancy of any dwelling
house or houses or any dwelling unit or units, or any building or
buildings or structure or structures provided for in this section,
for any rental unit or units that have not been inspected and received
a Certificate of Inspection within the past three years, application
for a Certificate of Inspection shall be made in writing to the Code
Enforcement Officer of the Borough by that person, persons, firm or
corporation agent, servant or representative and consent shall be
given therewith to the Code Enforcement Officer to enter upon and
examine the dwelling house or houses and dwelling unit or units and
the building or buildings wherein the same may be situated for which
the application is applied for, so that the Code Enforcement Officer
may determine whether or not the dwelling house or houses, dwelling
unit or units, building or buildings, or structure or structures and
the building wherein ordinances and rules and regulations and all
other statutes, codes and standards affecting the use and occupancy
of all such dwelling houses, dwelling units, and buildings and structures.
No Certificate of Inspection shall be issued unless there is full
and complete compliance with all of the foregoing.
[1973 Code § 8-4.5; Ord. No. 360 §§ 6A, 6B; Ord. No. 2009-839]
a.
All applications for Certificates of Inspection shall be in writing
and shall state the name and address of the owner of the dwelling
house or houses, the dwelling unit or units, the building, buildings,
structure or structures wherein the same may be situated and the name
and address of the owner-occupant or tenant-occupant, or any other
occupant of the same, and also the name and address of the new proposed
owner-occupant or any other proposed occupant, and shall further state
the name and address of the renting agent, if any, and shall describe
the premises to be occupied, including the street address thereof,
and a designation of the portion or portions of the premises or structures
for which the specific application is being made and the specific
use thereof, and shall set forth the number of persons who shall occupy
any and all portions of the premises including the specific portion
for which the application is being made.
b.
All applications shall state the specific room or rooms in the premises
to be occupied for sleeping purposes and the number of persons to
occupy each sleeping room of a dwelling or dwelling unit.
[1973 Code § 8-4.6; Ord. No. 360 § 7; Ord. No. 2009-839]
Any person, persons, partnership, firm or corporation, including
any real estate broker or real estate agent or any representative,
servant or employee of any of the foregoing, who in any manner fail
to fully comply with the terms and covenants of this section and who
are a part of any transaction resulting in the violation of any of
the terms and provisions of this section and shall be subject to the
penalties provided for herein, unless and until a Certificate of Inspection
shall have been issued.
[1973 Code § 8-4.8; Ord. No. 360 § 9; Ord. No. 2009-839]
A Certificate of Inspection to be issued under the terms of
this section shall be issued solely by the Code Enforcement Officer
of the Borough, without the necessity of approval therefor by the
Governing Body.
[Ord. No. 360 § 10; Ord. No. 86-497 § 1; Ord. No. 88-518 § 1; Ord. No. 92-564 § 2; Ord. No. 1998-656 § 5-15; New; Ord. No. 2005-756; Ord.
No. 2009-839]
Editor's Note: See also subsection 2-43.6, Fee for Tourism Fund.
a.
The fee for the issuance of a Certificate of Inspection as provided
for herein shall be the sum of $120 relative to the sale or transfer
of title of each dwelling house, each dwelling of a multi-family dwelling,
or each building or structure.
b.
The fee for the issuance of a Certificate of Inspection as provided
for herein shall be the sum of $120 relative to the rental of each
dwelling house, each dwelling of a multi-family dwelling, or each
building or structure, plus any applicable tourism fee for rental.
[Amended 2-16-2016 by Ord. No. 2016-909]
c.
The fee for the required inspection includes one reinspection to
ensure compliance with this subsection; however, if a complete reinspection
is required, the fee for the second inspection shall be $250 for each
dwelling house or unit.
[Amended 2-16-2016 by Ord. No. 2016-909]
d.
Any reinspection required after the first and second inspection shall
be $500 for each dwelling house or unit.
[Amended 2-16-2016 by Ord. No. 2016-909]
e.
The fee or fees shall be submitted with the application for the Certificate
of Inspection or request for reinspection.
Editor's Note: Fee for a Certificate of Inspection for new construction
shall be as listed in subsection 9-1.3k4.
[1973 Code § 8-4.9; Ord. No. 360 § 11; Ord. No. 2009-839]
All buildings, structures, dwelling houses or dwelling units,
for which an application shall have been filed by virtue of this section,
shall fully comply with all other Municipal ordinances or requisite
Municipal requirements for the structures or units. In addition thereto,
but not in limitation thereof, any and all buildings, structures,
dwelling houses, or dwelling units for which application for a Certificate
of Inspection shall be made by virtue of this section, shall be deemed
in violation of this section if they contain violations as hereafter
listed. If violations exist, a Certificate of Inspection shall not
issue. In the event that any such building, structure, dwelling house
or dwelling unit, in the opinion of the Code Enforcement Officer,
is in need of proper repairs for habitation or is in a dilapidated
condition, which might constitute a health or fire hazard; if the
same has a lack of proper and adequate sewerage facilities, plumbing
facilities, proper water or toilet facilities, inadequate electrical
wiring or facilities; is unfit for human habitation, or proper and
healthful use and occupancy or may be overcrowded by virtue of the
number of proposed occupants which might constitute a health or fire
hazard; or which by virtue of any combination of any of the foregoing
or any matters not specifically enumerated, which may be deemed hazardous
as to the health and welfare of the occupants or proposed occupants
or of any adjoining properties or other persons within the Borough,
the Code Enforcement Officer shall be required to specify the corrections
to be made to the premises for a Certificate of Inspection to be issued.
[1973 Code § 8-4.10; Ord. No. 360 § 12; Ord. No. 2009-839]
All owners, renting agents, real estate agents or any person
or persons applying for a Certificate of Inspection shall be required
to request inspection of the building, structure or unit in question,
which may be or is about to be vacated, re-rented, re-occupied or
sold, to ascertain what is required to gain approval for rental, sale
and/or occupancy and shall advise the Code Enforcement Officer of
reasonable time or times that the inspection may be made and someone
present to assist with the entry for inspection purposes. The Code
Enforcement Officer shall comply with the request within a reasonable
period of time, and when proper, shall issue the requisite Certificate
of Inspection within a reasonable period of time.
[1973 Code § 8-4.11; Ord. No. 360 § 13]
No tenant, owner or occupant shall sublease, sublet, transfer
title, permit the use or the occupancy of a dwelling house, dwelling
unit, building or structure without following the procedures set forth
and required by this section; nor shall any real estate broker, agent
or representative of any of the foregoing permit any of the foregoing
violations.
[1973 Code § 8-4.7; Ord. No. 360 §§ 8, 15; New]
a.
For every violation of the provisions of this section, the person shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.
b.
All violations of this section by any person or persons, partnership,
firm or corporation, or any agents or servants or representatives
as provided in this section, whether the person be the owner of the
premises, the agent of any party, or the tenant or the occupant or
occupants, shall be deemed separate and distinct violations for each
and every day that the violation may continue, and all parties violating
this section shall be deemed jointly and severally liable for any
and all such violation.
[Ord. No. 2004-749]
Any person may utilize a waste or refuse container, commonly
known as a "roll-off dumpster" or "roll-off container" for the purpose
of collecting and removing any construction debris related to the
construction, reconstruction, renovation and/or improvement to any
dwelling unit or commercial structure within the Borough of Lake Como.
Dumpsters/roll-off containers shall only be located on private property
and shall not be left standing or parked on or along any Borough Street,
road, right-of-way or on any public property.
[Ord. No. 2004-749]
In the event of extenuating circumstances, whereby a dumpster/roll-off
container cannot be located on private property due to driveway width
or other property access constraints, a dumpster/roll-off container
may be placed at curbside on any Borough street, road or right-of-way.
However, on a case-by-case basis, it shall be the responsibility of
the Police Chief and/or his/her designees to determine whether or
not the dumpster may be located at curbside.
[Ord. No. 2004-749]
Before a dumpster/roll-off container may be located on or along
any Borough street, road or right-of-way, and utilized for the purpose
of collecting construction debris, an application must be completed
prior to the issuance of a permit. All applications and permits shall
be obtained and issued through the office of the Business Administrator/Borough
Clerk. However, before a permit or renewal is issued, the Police Chief
and/or his/her designees shall review each application for safety
concerns, the effect on traffic and pedestrian safety, inconvenience
to the public and any other potential safety hazards. No permits or
renewals shall be issued by the office of the Business Administrator/Borough
Clerk without the prior review, approval and signature of the Police
Chief and/or his/her designees.
[Ord. No. 2004-749]
Upon approval of the application, a permit shall be valid and
remain in effect for a period of not more than 15 calendar days. The
initial permit may be renewed by the office of the Business Administrator/Township
Clerk upon the filing of a renewal application. In the event of extenuating
or unforeseeable circumstances requiring the continued use of a dumpster/roll-off
container, the applicant must provide the office of the Business Administrator/Borough
Clerk and the Chief of Police or his/her designees with good reason
as to why the permit should be renewed. However, not more than four
consecutive renewals shall be issued to any applicant.
[Ord. No. 2004-749]
The processing fee for the initial application and permit and
any renewal permits shall be $10 for each fifteen-calendar-day period.
[Ord. No. 2004-749]
To warn the operators of vehicles and pedestrians of the presence
of a dumpster, requiring the exercise of care, any roll-off dumpster
or roll-off container parked on private property or parked on or along
any Borough street, road or right-of-way shall be equipped with and
display markers consisting of all yellow reflective diamond-shaped
panels having a minimum size of 18 inches by 18 inches. These panels
shall be mounted at the edge of the dumpster or container at both
ends nearest the path of passing vehicles and/or facing the direction
of oncoming traffic. These markers shall have a minimum mounting height
of three feet from the bottom of the panels to the surface at the
road. In addition, four reflective orange cones shall be placed along
each side of the dumpster.
[Ord. No. 2004-749]
The contents of a dumpster/roll-off container placed on a Borough street, road or right-of-way and/or on private property shall not be allowed to overflow and/or deposit, spill or scatter debris in the public right-of-way and/or on private property, thereby creating a nuisance or danger to the public's health, safety and welfare. The applicant and/or owner of a dumpster/roll-off container located on a Borough street, road or right-of-way found to be in violation of this provision shall be issued a summons for littering by the Police Department in accordance with subsection 3-12.6 of the Revised General Ordinances of the Borough of Lake Como entitled Open or Overflowing Waste Disposal Bins. A dumpster/roll-off container on private property found to be in violation of this section shall be subject to a summons issued by the Code Enforcement Officer or his/her designee pursuant to subsection 2-17.2 Revised General Ordinances of the Borough of Lake Como.
[Ord. No. 2004-749]
In the event that a dumpster/roll-off container must be located
at curbside on a Borough street, road or right-of-way, no permit shall
be issued until the applicant submits evidence of general liability
insurance coverage. At the time application is made, the applicant
shall provide the office of the Business Administrator/Borough Clerk
with a copy of a valid and current certificate of insurance. In the
case of home improvements, a resident shall provide a certificate
showing evidence of general liability insurance coverage in the minimum
amount of $100,000 as set forth under a homeowner's insurance policy.
In the case of commercial and industrial properties, the applicant
shall provide a certificate showing evidence of general liability
insurance coverage with a minimum amount of $500,000. If the Borough
grants permission to an applicant for the placement of a dumpster
on a Borough street, road or right-of-way, the certificate shall name
the Borough as an additional insured. All such policies of insurance
shall be primary to all other available coverages. Each certificate
of insurance shall identify the coverages provided and shall state
that such insurance shall not be changed or cancelled without giving
30 calendar days' prior written notice to the Business Administrator/Borough
Clerk by certified mail, return receipt requested. Specific reference
to the dumpster being located on a Borough street, road or right-of-way
shall be made on the certificate.
[Ord. No. 2004-749]
The dumpster/roll-off container shall have pads placed under
the rollers of the container to prevent damage to the road service.
[Ord. No. 2004-749]
Failure by the applicant to comply with any of the provisions
of this section, Title 39, the motor vehicle statutes of the State
of New Jersey, or any rules or regulations promulgated by the Borough's
Police Department governing the placement of dumpsters/roll-off containers
on any Borough street, road or right-of-way shall result in the revocation
of the permit. Such revocations shall require the applicant to remove
the dumpster/roll-off container within 24 hours of notice by the Chief
of Police or his/her designees that the applicant is in violation
of the section.
[Ord. No. 2004-749]
The provisions of this section shall be enforced by the Police
Department and/or the office of the Code Enforcement Official and/or
his designee.
[Ord. No. 2004-749]
Any person, firm, corporation or partnership who violates this
section or fails to comply with any of its requirements shall, upon
conviction thereof, be subject to a fine as listed in the Revised
General Ordinances governing penalties for violations.
[Ord. No. 2010-853 § 1]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Lake Como so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. No. 2010-853 § 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels or storm drains) that is owned
or operated by The Borough of Lake Como or other public body, and
is designed and used for collecting and conveying stormwater. In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
and other sources.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet and combination inlet.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2010-853 § 3]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. No. 2010-853 § 4]
Storm drain inlets identified in subsection 9-6.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash and other floating, suspended or settleable solids. For exemptions to this standard see subsection 9-6.4c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels and
stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards.
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device or a catch basin hood) that
is designed at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 2010-853 § 5]
This section shall be enforced by the Police Department and/or
the Code Enforcement Officer of the Borough of Lake Como.
[Ord. No. 2010-853 § 6]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalty provisions of Section 1-5, General Penalty, of the Revised General Ordinances of the Borough of Lake Como.
[Ord. No. 2010-854 § 1]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking
or otherwise discharge of liquids, semi-liquids or solids form the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Lake Como and/or the waters of the State so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 2010-854 § 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels or storm drains) that is owned
or operated by The Borough of Lake Como or other public body, and
is designed and used for collecting and conveying stormwater. In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
and other sources.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any waste container that a person controls whether
owned, leased or operated, including dumpster, trash cans, garbage
pails and plastic trash bags.
shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2010-854 § 3]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Lake Como.
[Ord. No. 2010-854 § 4]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 2010-854 § 5]
This section shall be enforced by the Police Department and/or
the Code Enforcement Officer of the Borough of Lake Como.
[Ord. No. 2010-854 § 6]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalty provisions of Section 1-5, General Penalty, of the Revised General Ordinances of the Borough of Lake Como.
[Added 7-19-2016 by Ord.
No. 2016-917]
A federal or state chartered bank, savings bank, savings
and loan association or any credit union, any person required to be
licensed under the provisions of the "New Jersey Residential Mortgage
Lending Act,"[1] or any person who regularly extends consumer credit that
is subject to a finance charge or is payable by written agreement
in more than four installments (not including a down payment), and
any entity acting on behalf of a lender or successor in interest to
a lender named in the debt obligation, including but not limited to
servicers.
Residential property, shall mean, consistent with Section
1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73), residential real estate
for which a notice of violation has been issued pursuant to this section
and Subsection b. of Section 1 of P.L. 2014, c. 35 (N.J.S.A. 40:48-2.12s),
or where a mortgaged property is not occupied by a mortgagor or tenant
as evidenced by a lease agreement entered into prior to the service
of a notice of intention to commence foreclosure according to Section
4 of P.L. 1995, c. 244 (the "Fair Foreclosure Act"),[2] and at least two of the following conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, electric or water utility services to the
property;
The accumulation of hazardous, noxious or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons or government employees
indicating that the residence is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged or continuously unlocked;
A risk to the health, safety or welfare of any adjoining or
adjacent property owners or the public exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
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;
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;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
Any other reasonable indicia of abandonment.
a.
A creditor serving a summons and complaint in an action to foreclose
a mortgage on residential property within the Borough shall include
in the notice to the Borough Clerk required by Section 2 of P.L. 2014,
c. 35 (N.J.S.A. 46:10B-51), the street address of the property, lot
and block number of the property, and the full name and contact information
of the representative of the creditor who is responsible for the care,
maintenance, security, and upkeep of the exterior of the property
if it becomes vacant and abandoned, and who is responsible for receiving
complaints of property maintenance and code violations, and who is
authorized to accept service of process on behalf of the creditor.
b.
A creditor whose principal place of business is not in New Jersey
(an "out-of-state creditor"), serving a summons and complaint in an
action to foreclose a mortgage on residential property within the
Borough, shall appoint an in-state representative or agent who is
responsible for the care, maintenance, security, and upkeep of the
exterior of the property if it becomes vacant and abandoned, and who
is responsible for receiving complaints of property maintenance and
code violations, and who is authorized to accept service of process
on behalf of the creditor. The notice to the Borough Clerk required
by Section 2 of P.L. 2014, c. 35 (N.J.S.A. 46:10B-51), shall include
the street address of the property, lot and block number of the property,
and the full name and contact information of the in-state representative
or agent of the creditor.
c.
A creditor notifying the Borough Clerk pursuant to Section 2 of P.L.
2014, c. 35[1] and this section shall include with such notice an annual
registration fee in the amount prescribed by this section for each
property to offset administrative expenses of the Borough. Such registration
fee shall remain valid for one year from the date of registration,
except that the initial registration shall be valid until December
31 of the year of registration and shall be pro rated. The creditor
shall, by January 1 of each succeeding year that the property remains
vacant and abandoned, renew the registration and pay an annual renewal
fee in the amount prescribed by this section.
[1]
Editor's Note: See N.J.S.A. 46:10B-51.
e.
The initial registration fee, and the annual renewal fee for each
property, shall be $500, payable to the Borough Clerk, Borough of
Lake Como.
a.
A creditor subject to the provisions of this section shall be responsible
for the care, maintenance, security and upkeep of the exterior of
residential property upon which an action to foreclose a mortgage
has been initiated if the property becomes vacant and abandoned.
b.
In addition to and without limiting the responsibilities for property
maintenance under the Borough Code, creditors subject to the provisions
of this section shall, within 30 days from the date a property becomes
vacant and abandoned, enclose and secure the property against unauthorized
entry, and ensure that the exterior grounds of the property, including
yards, fences, sidewalks, walkways, rights-of-way, alleys, retaining
walls, attached or unattached accessory structures and driveways,
are well-maintained and free from debris, loose litter, and grass
and weed overgrowth.
a.
If the public officer designated by the Borough, or any local official
responsible for administration of any property maintenance or public
nuisance code, determines that the exterior of the property is a nuisance
or in violation of any applicable state or local code, the public
officer or authorized municipal officer shall issue a notice of violation
to the creditor that includes a description of the condition or conditions
that give rise to the violation. The notice shall require the creditor
to correct the violation to such standard or specification as may
be required by state or local law.
b.
The notice shall require the creditor to correct the violation within
30 days of receipt of the notice, or within 10 days of receipt of
the notice if the violation presents an imminent threat to public
health and safety. The issuance of the notice shall constitute evidence
that a property is "vacant and abandoned" for purposes of Section
3 of P.L. 2014, c. 35 (N.J.S.A. 2A:50-73).
c.
The public officer designated by the Borough, or the local official
responsible for administration of any property maintenance or public
nuisance code, is authorized to exercise such powers as may be necessary
or convenient to effectuate the purposes and provisions of this section,
including without limitation to enter upon properties for the purpose
of making examinations of the conditions thereof.
a.
An out-of-state creditor found by the municipal court of the Borough
of Lake Como, or by any other court of competent jurisdiction, to
be in violation of the requirement to appoint an in-state representative
or agent as provided by this section, shall be subject to a fine of
$2,500 for each day of the violation. Any fines imposed on a creditor
for the failure to appoint an in-state representative or agent shall
commence on the day after the ten-day period from the date of service
of the summons and complaint set forth in Section 2 of P.L. 2014,
c. 35.[1]
[1]
Editor's Note: See N.J.S.A. 46:10B-51.
b.
A creditor found by the municipal court of the Borough of Lake Como,
or by any other court of competent jurisdiction, to be in violation
of the requirements of this section to correct a care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
this section, shall be subject to a fine of $1,500 for each day the
violation persists after the time set forth in the notice within which
the creditor must correct the condition or conditions.
c.
No less than 20% of any money collected pursuant to this section
shall be used by the Borough of Lake Como for code enforcement purposes.
d.
If a creditor given notice pursuant to this section fails to correct
the violation within the time specified in the notice, the Borough
may expend public funds in order to correct the violation, and the
Borough shall have the same recourse against the creditor as it would
have against the title owner of the property, including but not limited
to the recourse provided under Section 23 of P.L. 2003, c. 210 (N.J.S.A.
55:19-100).
