[1999 Code § 8.32.010]
This section is enacted pursuant to the following New Jersey
Statutes: N.J.S.A. 40:48-2; 40:48-2.13; 40:48-2.14; 40:48-1, Subsection
15; 40:48-2.3 to 40:48-2.12; 40:48-2.12(a) to 40:48-2.12(g); 40:69A-30;
and/or N.J.S.A. 2A:42-74 to 2A:42-78 and the general police powers.
[1999 Code § 8.32.020]
There is adopted a Property Maintenance Code reading as set
out in this section.
This section shall be known as the "Property Maintenance Code
of the Township of Edison" and may be referred to in this section
in the short form as "this section."
[1999 Code § 8.32.030]
It is found, determined and declared that there exist in the
Township structures used for residential and nonresidential use which
are or may become in the future substandard with respect to structure,
equipment or maintenance. It is further found that conditions of the
above-described property, including but not limited to structural
deterioration, lack of maintenance and appearance of the exterior
of premises, infestation, lack of essential heating, plumbing, storage
of refrigeration equipment, lack of maintenance or upkeep of essential
utilities and facilities, existence of fire hazards, inadequate provisions
for light and air, unsanitary conditions and overcrowding, constitute
a menace to the health, safety, morals, welfare and reasonable comfort
of the citizens and inhabitants of the Township. The Edison Township
Council further finds and declares that, by reason of lack of maintenance
and the existence of progressive deterioration, certain properties
have the further effect and/or the further potential effect of creating
blighted conditions that, if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same and that, by reason of timely regulation and
restrictions as herein contained, the growth of depressed areas, slums
and blight may be prevented. It is further found that such prevention
will maintain neighborhood and property values, as well as the desirability
and amenities of residential and nonresidential uses; and it is further
found that such prevention will protect and foster the public health,
safety and welfare.
[1999 Code § 8.32.040]
The purpose of this section is to protect the public health,
safety, morals and welfare of citizens and inhabitants of the Township
by establishing minimum standards governing the maintenance, appearance,
condition and occupancy of residential and nonresidential premises;
to establish minimum standards governing utilities, facilities and
other physical components and conditions essential to make the aforesaid
facilities fit for human habitation, occupancy and use; to fix certain
responsibilities and duties upon owners and operators and distinct
and separate responsibilities and duties upon occupants; to authorize
and establish procedures for the inspection of residential and nonresidential
premises; to fix penalties for the violations of this section; and
to provide for the repair, demolition or vacation of premises unfit
for human habitation or occupancy or use.
[1999 Code § 8.32.050; Ord. No.
O.1913-2015]
a.
All definitions of the BOCA Basic Building Code are included.
b.
ABANDONED VEHICLE
COMMERCIAL PREMISES
DETERIORATION
DWELLING UNIT
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
GARBAGE
HABITABLE ROOMS
HARBORAGE
INFESTATION
MIXED OCCUPANCY
MULTIPLE DWELLING
NUISANCE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
OCCUPANT
OPERATOR
OWNER
PARTIES IN INTEREST
PERSON
PREMISES
PUBLIC AUTHORITY
PUBLIC OFFICER
REFUSE
RUBBISH
SHOPPING CENTER
The following terms, wherever used herein or referred to in this
section, shall have the respected meanings assigned to them, unless
a different meaning clearly appears from the context; as used in this
section:
Means any vehicle, including a trailer, which is without
a currently valid license plate and is in either a rusted, wrecked,
discarded, dismantled, partially dismantled, inoperative or an abandoned
condition.
Means a building or buildings or any part thereof and the
lot or tract of land upon which the building or buildings are situated,
where commercial activity of any kind takes place. Commercial activity
shall include but is not limited to gasoline service stations; stores
for retail sales; liquor stores, taverns and inns; restaurants, including
but not limited to drive-in restaurants, snack bars, hot dog, hamburger
or ice cream stands; professional activities, including but not limited
to medical, dental, legal, architectural and accounting; personal
services, including but not limited to real estate, insurance, barbershops
and hairdressers; repair shops of all kinds; and amusements, including
but not limited to movies, skating rinks and bowling alleys; whether
part of a shopping area or not. Commercial activity shall not include
sale of agricultural products produced on the premises.
Means the condition of a building or structure or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Means a room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
Means any premises or any part thereof of any building or
structure or any part thereof which may be lawfully viewed by the
public or any member thereof.
Means open space on the premises outside of any building
located thereon.
Means the control and elimination of insects, rodents and
vermin.
Means putrescible animal and vegetable waste resulting from
the handling, preparation, cooking and/or consumption of food. (See
also refuse and rubbish.)
Means rooms used or designed for use by one (1) or more persons
for living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, home laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms
or utility rooms. Other rooms or spaces that are not used frequently
or for an extended period of time or have less than fifty (50) square
feet of interior floor area shall not be considered as habitable rooms.
Means any condition, man-made or natural, which affords a
breeding place or hiding place for rodents, insects or other pests.
Means the presence of insects, rodents, vermin or other pests
on the premises which constitute a health hazard either to the occupants
of the premises and/or to surrounding properties and/or residents.
Means any building containing one (1) or more dwelling units
or rooming units and also having a portion thereof devoted to nondwelling
uses or as a motel.
Means any building or structure and any land appurtenant
thereto, and any portion thereof, in which three (3) or more units
of dwelling space are occupied or intended to be occupied by three
(3) or more persons living independently of each other, provided that
motels, hotels and boardinghouses are excluded from this definition.
Means:
Any public nuisance recognized in common law or in equity jurisprudence
or as provided by the Statutes of the State of New Jersey or the ordinances
of the Township;
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the exterior of premises
or upon an unoccupied lot. Attractive nuisances include but are not
limited to: abandoned wells, shafts, basements, excavations, abandoned
swimming pools, abandoned ice boxes and/or refrigerators, motor vehicles,
any structurally unsound fences or structures, lumber, trash, fences,
debris or vegetation such as poison ivy, oak or sumac which may prove
hazardous for inquisitive minors;
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist;
Overcrowding of a room with occupants in violation of the State
Fire Code;
Inadequate or unsanitary sewage or plumbing facilities in violation
of this section;
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this section;
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings;
Fire hazards, which shall include but not be limited to the
maintenance and/or storage of combustible materials, the maintenance
and/or storage of flammable chemicals and/or the maintenance of an
uncontrolled open fire;
Insufficient ventilation or illumination in violation of this
section;
Failure to maintain sight triangles as required by subsection 37-4.13.
Means any person having actual possession of the premises
or any part thereof.
Means any person who has charge, care or control of a dwelling
or premises or any part thereof, whether with or without the knowledge
and consent of the owner.
Means any person who, alone or jointly or severally with
others, shall have legal or equitable title to any premises, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any dwelling unit as owner or agent of
the owner or as executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate or as a mortgagee in possession,
regardless of how such possession was obtained. Any person who is
a lessee subletting or assigning any part of any dwelling or dwelling
unit shall be deemed to be a co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
Means all individuals, associations and corporations who
have interest of record in a building and any who are in actual possession
thereof.
Includes all manner of corporations and commercial entities
as well as individuals.
Means a lot, plot or parcel of land, including the buildings
or structures thereof.
Means any officer who is in charge of any department or branch
of the government of the Township of Edison, County of Middlesex or
State of New Jersey, relating to health, fire, building regulations
or to other activities concerning buildings in the Municipality.
See subsection 15-1.15.
Means all putrescible and nonputrescible solid waste (except
body waste), including but not limited to garbage, rubbish, ashes,
street cleanings, dead animals, abandoned automobiles and solid market
and industrial wastes. (See also garbage and rubbish.)
Means nonputrescible solid waste consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials. (See also garbage and refuse.)
Means one (1) or more buildings or parts thereof designed
or existing as a unit, occupied or to be occupied by one (1) or more
businesses for the conduct of retail sales, with parking space.
[1999 Code § 8.32.060]
a.
Scope and Application. All commercial premises, shopping centers
and multifamily dwellings and any buildings situated thereon in the
Township shall comply with the provisions of this section, whether
or not such buildings shall have been constructed, altered or repaired
before or after the enactment of this section. This section establishes
minimum standards for the initial and continued occupancy and use
of all such buildings and premises and does not replace or modify
standards otherwise established for the construction, repair, alteration
or use of such buildings or premises contained therein. Where there
is a mixed occupancy with commercial and other uses on the same premises,
all such uses shall be nevertheless regulated by and subject to the
provisions of this section.
b.
Owner Liability. Owners and operators shall have all the duties and
responsibilities prescribed in this section, and no owner or operator
shall be relieved from any such duty and responsibility nor be entitled
to defend against any charge of violation thereof by reason of the
fact that the occupant is also responsible therefor and in violation
thereof.
[1999 Code § 8.32.070]
In any case where the provisions of this section impose a higher
standard than set forth in any other ordinance of the Township or
under the laws of the State of New Jersey, then the standards as set
forth herein shall prevail; but if the provisions of this section
impose a lower standard than any other ordinance of the Township or
of the laws of the State of New Jersey, then the higher standard contained
in any such other ordinance or laws shall prevail.
[1999 Code § 8.32.080]
No license or permit or other certification of compliance with
this section shall constitute a defense against any violation of any
other local ordinance applicable to any structure or premises or use
of such structure or premises, nor shall any provision herein relieve
any owner, operator, tenant or occupant from complying with any such
other provision or any official of the Township from enforcing any
such other provision.
[1999 Code § 8.32.090; Ord. No.
O.1913-2015; Ord. No. O.1979-2017]
The exterior of the lands and/or premises, and all structures
located on the lands and/or premises, shall be kept free of all nuisances
and any hazards to the safety of occupants, pedestrians and other
persons utilizing the lands and/or premises, and shall be free of
unsanitary conditions. Any of the foregoing shall be promptly removed
and abated by the owner, occupant and/or operator in accordance with
the notice provisions set forth below, and in accordance with the
provisions of this subsection. It shall be the duty of the owner,
occupant and/or operator to keep the lands and/or premises free of
hazards, which include but are not limited to the following:
a.
Brush, weeds, broken glass, stumps, roots, obnoxious growth, filth,
garbage, trash, refuse and debris;
b.
Dead and dying trees and limbs or other natural growth which, by
reason of rotting or deteriorating conditions or storm damage, constitute
a hazard and/or a potential hazard to persons in the vicinity thereof.
Trees shall be kept pruned and trimmed to prevent such conditions;
c.
Loose and overhanging objects and accumulations of ice and snow which,
by reason of location above ground level, constitute a danger of falling
on persons in the vicinity thereof;
d.
Ground surface hazards or unsanitary conditions, holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow,
excretions of pets and other animals on paths, walks, driveways, parking
lots and parking areas and other parts of the lands and/or premises
which are accessible to and used by persons on the lands and/or premises.
All such holes and excavations shall be filled and repairs, walks
and steps replaced and other conditions removed where necessary to
eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery;
[Ord. No. O.1979-2017]
e.
Adequate runoff drains shall be provided and maintained to eliminate
any recurrent or excessive accumulations of stormwater;
f.
Sources of infestation;
g.
Foundation walls shall be kept structurally sound, free from defects
and damage and capable of bearing imposed loads safely;
h.
Chimneys and all flue and vent attachments thereto shall be maintained,
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designed. Chimneys,
flues, gas vents or other draft-producing equipment shall provide
sufficient draft to develop the rated output of the connected equipment,
shall be structurally safe, durable and smoketight and capable of
withstanding the action of flue gases;
i.
Exterior porches, landings, balconies, stairs and fire escapes shall
be provided with banisters or railings properly designed and maintained
to minimize the hazard of falling; and the same shall be kept structurally
sound, in good repair and free from defects. This subsection does
not apply to single-family dwellings having steps with four (4) or
fewer risers, or a total height less than forty-eight (48) inches
above ground level;
j.
Vegetative overgrowth and other impediments that obstruct the maintenance
of sight triangles and that constitute a hazard to vehicular and/or
pedestrian traffic.
The owner, occupant and/or operator of such lands and/or premises
is required to remove, or cause to be removed, from such lands and/or
premises, any and all nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the lands and/or premises,
as well as any unsanitary conditions, within ten (10) days after receipt
by such owner, occupant and/or operator, of written notice from the
Division of Health.
Notice to the owner, occupant and/or operator to cause the removal
of the conditions referred to in the preceding paragraph, shall be
given by the Division of Health, and may be served upon any such owner,
occupant and/or operator either personally or by certified mail, and,
if by the latter method, the ten (10) day period within which such
removal shall be accomplished shall be deemed to have commenced to
run from the date of the return receipt of such certified mail, obtained
by the postal authority for the delivery of such certified notice.
Every such notice shall, in addition to requiring the removal within
then ten (10) day period aforesaid, warn the owner, occupant and/or
operator of the lands and/or premises to which such notice refers,
that failure to accomplish such removal within the time stated therein
will result in further action by the Division of Health, including
(i) prosecution of any continuing violation in a court of competition
jurisdiction in accordance with the requirements of the Township Code,
including this Chapter, and (ii) removal, by or under the direction
of the Division of Health, and the cost of such removal shall be charged
to the owner, occupant and/or operator of such lands and/or premises,
and shall be payable to the Township within thirty (30) days after
the date of submission of the associated removal charges. An accurate
record of the cost of such removal to the Township shall be determined
by the Health Officer, who shall certify the cost thereof to the Governing
Body.
Unless such charges are paid within the thirty (30) day period,
the Governing Body shall proceed to examine the certificate of removal
costs as determined by the Health Officer, against the lands and/or
premises the amount to examined and charged shall forthwith become
a lien upon such lands and/or premises, and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lands and/or premises, 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, including without limit pursuant
to N.J.S.A. 40:48-2.14.
In the case of repeat violations, the Division of Health may
take action to abate subsequent violations without providing additional
written notice, upon confirmation of continued ownership or occupancy
of the lands and/or premises by the initial individual(s) served.
[1999 Code § 8.32.100]
The exterior of the premises, the exterior of structures and
the condition of accessory structures shall be maintained so that
the appearance of the premises and structures shall not constitute
a blighting factor for adjoining property owners. Such maintenance
shall include the following:
a.
In a residential zone, there shall not be stored or used at a location
visible from the sidewalk, street or other public areas equipment
and materials and/or vehicles relating to commercial or industrial
uses unless permitted under the zoning ordinance of the Township.
b.
Premises with landscaping and lawns, hedges and bushes shall be kept
trimmed and from becoming overgrown and unsightly where exposed to
public view and where the same constitute a blighting factor depreciating
adjoining property.
c.
Reconstructed walls and sidings of nonresidential structures shall
be of standard quality and appearance commensurate with the character
of the properties in the same block and on both sides of the street
on which the premises front such that the materials used will not
be of a kind that, by their appearance under prevailing appraisal
practices and standards, would depreciate the values of the neighboring
and adjoining premises as aforesaid.
d.
The exterior of every structure or accessory structure, including
fences, shall be maintained in good repair. The same shall be maintained
free of broken glass, loose shingles, crumbling stone or block, excessive
peeling paint or other conditions reflective of deterioration or inadequate
maintenance, to the end that the property itself may be preserved
safely, fire hazards eliminated and adjoining properties protected
from blighting influences.
[1999 Code § 8.32.110]
a.
Outside building walls shall not have any holes, loose boards or
any broken, cracked or damaged finish which admits rain, cold air,
dampness, rodents, insects and/or vermin.
b.
Every building shall be so maintained as to be weathertight and watertight.
All exposed surfaces thereof subject to deterioration shall be protected
against weathering by a protective coating appropriate for the particular
material involved, as needed.
c.
Basements, cellar and crawl spaces shall be free of moisture resulting
from seepage, and cross ventilation shall be required where necessary
to prevent accumulation of moisture and dampness, shall be paved with
stone or concrete not less than four (4) inches thick and shall be
maintained at all times in a condition so as to be smooth, clean,
free from cracks, breaks and/or other hazards. This subsection does
not apply to single-family dwellings.
d.
All parts of the premises shall be maintained so as to prevent infestation.
e.
All parts of the dwelling shall be kept in a clean and sanitary condition,
free of nuisance and free from health, safety and fire hazards.
f.
Every roof, roof gutter, flashing, rainwater conductor and roof cornice
shall be weathertight and raintight and shall be kept in good repair.
[1999 Code § 8.32.120]
a.
The owner or operator shall have the duty and responsibility of removing
garbage whenever a janitor is required for the premises in accordance
with the provisions of paragraph c. below.
b.
All accumulations of trash and debris shall be removed daily from
collection areas and trash chutes if a trash compactor is not provided
or if the existing trash compactor is out of order. In a dwelling
containing four (4) or more dwelling units, storage areas or storage
bins of fireproof construction and containing fireproof walls and
partitions of at least two (2) hours' rating shall be provided.
c.
In every dwelling containing three (3) or more dwelling units or
rooming units, or combinations thereof, the owner shall provide or
designate a superintendent, janitor, caretaker or housekeeper who
shall at all times maintain the premises in compliance with this section
and keep the premises free from filthy garbage, refuse and rubbish
and who shall be responsible for the daily collection of garbage and
other refuse from the occupants on a regular schedule. Such person
shall be regularly available on the premises to perform the foregoing
duties and, in complexes of fifty (50) or more units, shall reside
on the premises. In the event that the superintendent, janitor, caretaker
or housekeeper does not reside on the premises, the owner or operator
shall make his or her name, address and telephone number known to
all tenants and shall register same with the public officer and shall
also make available and known to all tenants and the public officer
the name of an alternate individual who shall be responsible at all
times during the absence of the superintendent, janitor, caretaker
or housekeeper to comply with the provisions of this section. Actions
of the superintendent, janitor, caretaker or housekeeper or alternative
individual referred to in this section, even in disobedience of instructions
received from the owner or operator, shall not relieve the owner or
operator from the duties and responsibilities imposed by this section.
It shall be the obligation of the owner or operator to register the
name, address and telephone number of the owner and operator with
the public officer.
d.
Exterior parking areas, pedestrian walkways or other portions of
the premises subject to regular and recurrent use by occupants at
night shall be illuminated continually from one-half (1/2) hour before
sunset to one-half (1/2) hour after sunrise unless the lighting is
connected to a dusk-to-dawn photoelectric control device to enable
safe passage of persons of normal vision.
e.
All interior walls, ceilings and other exposed surfaces in units
of dwelling space shall be kept smooth, clean, free of flaking, loose
or peeling paint, plaster or paper and capable of being maintained
free of visible foreign matter, vermin and in a sanitary condition.
If and where necessary to accomplish the foregoing or any part thereof,
by reason of surface material, such interior surfaces shall be spackled,
painted, papered, or otherwise provided with a protective coating
as needed but not more frequently than once every three (3) years.
Responsibility for the cost of such painting, papering, surface preparation
or other protective coating shall be as set forth in the lease to
the premises. Where the lease makes no provision for the cost, it
shall be presumed to be the responsibility of the landlord. It shall
also be the responsibility of the landlord when required to correct
conditions under this section other than normal wear and tear.
[1999 Code § 8.32.130]
No person, owner, occupant and/or tenant of a residential property
in the Township shall rake, blow, push and/or drag leaves from his
or her property onto the public streets of the Township except that
a person may deposit leaves into the gutter or street immediately
in front of his or her property during periods announced by the Township
for pick-up or collection thereof.
[1999 Code § 8.32.140]
No owner, occupant and/or tenant of residential properties in
the township shall place, put or stack branches, trees or parts of
trees in the paved right-of-way. Branches, trees and/or parts of trees
may be placed immediately adjacent to the curb of the premises in
question so as not to block the sidewalk extending not further than
three (3) feet from the curb. Such placement may occur not sooner
than one (1) day prior to the scheduled pickup of branches, trees
and/or parts of trees after having scheduled such pickup with the
Division of Sanitation of the Township.
[1999 Code § 8.32.150]
The Township Business Administrator is designated to serve as
the public officer hereunder, and all inspections, regulations, enforcement
and hearings on violations of the provisions of this section, unless
expressly stated to the contrary, shall be under his or her direction
and supervision. He or she may appoint or designate such other local
public officers or employees to perform duties as may be necessary
to the enforcement of this section, including the making of inspections
and the holding of hearings.
[1999 Code § 8.32.160]
Whenever a petition is filed with the public officer by a public
authority or by at least five (5) residents of the Municipality charging
that any building is unfit for human habitation or occupancy or whenever
it appears to the public officer, on his or her own motion, that any
building is unfit for human habitation, occupancy or use or that the
continuing of any condition constitutes a nuisance within the meaning
of this section or is harmful to the health and safety of the occupants
of the building and the general public of the Township, the public
officer 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 public officer or his or her designated agent at a place
therein fixed not less than seven (7) days and no more than thirty
(30) days after the service of the complaint. The complaint shall
state that the owner and parties in interest shall be given the right
to file an answer to the complaint and shall state further that the
rules of evidence prevailing in the courts shall not be controlling
in hearings before the public officer.
[1999 Code § 8.32.170]
If after such notice and hearing the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he or she shall state in writing his or her 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
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 or, 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.
[1999 Code § 8.32.180]
Any person aggrieved by an order issued by a public officer
under this section may, within thirty (30) days after the posting
and service of such order, bring an action for injunctive relief to
restrain the public officer from carrying out the provisions of the
order and for any other appropriate relief. The court may proceed
in the action in a summary manner or otherwise. The remedy herein
provided shall be exclusive, and no person affected by an order of
the public officer shall be entitled to recover any damages for action
taken pursuant thereto, or because of noncompliance by any person
with any order of the public officer.
[1999 Code § 8.32.190]
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 public officer may cause such building to be repaired,
altered or improved or to be vacated and closed. In such event, the
public officer may cause to be posted on the main entrance of any
building so closed a placard with the following words: "This building
is unfit for human habitation or occupancy or use; the use or occupancy
of this building is prohibited and unlawful." If the owner fails to
comply with an order to remove or demolish the building, the public
officer 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.
[1999 Code § 8.32.200]
a.
The amount of the cost of the filing of legal papers, fees of expert
witnesses, search fees and advertising charges incurred in the course
of any proceeding taken under this section determined in favor of
the Municipality as well as the cost of the repairs, alterations or
improvements or the vacation, enclosing 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 the materials derived
from such building or from any contracts for removal or demolition
thereof shall be a municipal lien against the real property upon which
such cost was incurred. The public officer shall certificate the costs
thereof to the Governing Body, which shall examine the certificate
and, if found correct, shall direct the Tax Assessor to charge such
cost against the subject lands. The amount so charged shall forthwith
become a lien upon such lands and shall be added to and become and
form part of the taxes. If the building is removed or demolished by
the public officer, he or she shall sell the materials of such building.
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 demolition
of the building. If there are no such credits or if the total sum
of the 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, return receipt requested. If the total of the credits exceeds
such costs, the balance remaining shall be deposited in the Superior
Court by the public officer. Such sum shall be secured in such manner
as may be directed by the court and shall be disbursed according to
the order or judgment of the court to persons found to be entitled
thereto by final order or judgment of such court. Any owner or party
in interest may, within thirty (30) days from the date of 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.
b.
If an actual and immediate danger to life is posted by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the public officer 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.
c.
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 section intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any rules or
regulations adopted thereunder.
[1999 Code § 8.32.210]
Complaints or orders issued by the public officer pursuant to
this section shall be served upon persons either personally or by
registered mail, return receipt requested, at the address listed in
the most recent tax duplicate on file in the offices of the Assessor
of the Township, but if the whereabouts of such person is unknown
and the same cannot be ascertained by the public officer, then, upon
the exercise of reasonable diligence, and the public officer shall
make an affidavit to that effect, 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 Township or, in the absence
of such newspaper, in one printed and published in the County and
circulated in the Township. A copy of such complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order. A copy of such complaint or order shall be duly recorded
or lodged for record with the County Recording Officer of the County
of Middlesex.
[1999 Code § 8.32.220]
The public officer shall 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 entry shall be made in such manner as to cause the least
possible inconvenience to the persons in possession, and provided
that any entrance without the permission of the occupant shall be
consistent with the laws and Constitution of the State of New Jersey
and of the United States;
d.
To appoint and fix the duties of such officers, agents and employees
as he or she deems necessary to carry out the purposes of this section;
e.
To delegate any of his or her functions and powers under this section
to such officers and agents as he or she may designate.
[1999 Code § 8.32.230]
The public officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health and
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of such municipality. Such conditions
may include the following (without limiting the generality of the
foregoing): defects therein increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary
facilities; dilapidation; deterioration; disrepair; structural defects;
and uncleanliness.
[1999 Code § 8.32.240]
The Township Council may, by resolution, order that a nuisance
be abated, a defect corrected or the premises put in condition so
as to comply with the requirements of any Township ordinance or State
law applicable thereto, at the cost of the owner or lessor, and expend
municipal funds for such purpose and charge the same against the premises
in the amount thereof as found by the Township Council to be reasonable
and just, and it shall be a lien against the premises and collectible
as provided in this section.
[1999 Code § 8.32.250]
a.
Whenever the public officer finds that an emergency exists which
requires immediate action to protect the public health or safety,
he or she may, without notice or hearing, issue an order requiring
that such action be taken as he or she determines necessary, applying
the statutes and provisions of this section to meet the emergency,
and such order shall be effective immediately, and any person to whom
such order is directed shall be obliged to comply immediately. Any
such person may petition to the public officer for a hearing on such
order, which hearing shall be conducted not later than five (5) days
after receipt of the petition. The provisions of this section to charge
the cost and make them assessable as taxes shall apply to such emergencies.
b.
In the event that an emergency exists which requires immediate action
by the Township's Department of Public Works to protect the public
health or safety, the following costs and fees shall be charged to
the affected property owner or owners for such emergency work, and
which costs and fees shall be a lien against the subject property
and collectible as provided in this section:
1.
During working hours: at thirty ($30.00) dollars per hour per person.
2.
After working hours: at forty-five ($45.00) dollars per hour per
person.
3.
Holidays and Sundays: at sixty ($60.00) dollars per hour per person.
4.
Materials and equipment used to be charged based upon costs incurred
by the Township.
[1999 Code § 8.32.260]
Any violation of any ordinance other than this section discovered
in the enforcement of this section shall be reported to the public
officer, who shall refer the alleged violation to the official or
agency responsible for the enforcement of such ordinances.
[1999 Code § 8.32.270]
The public officer shall have the power to withhold strict enforcement
of this section upon written application therefor by an owner or party
in interest after making a determination that:
a.
Any variation or modification of structure use approved by the public
officer will not in any material way alter the standards of this section
and cannot detrimentally affect the health or safety of the occupants
of the premises or the health, safety or welfare of the occupants
or owners of adjacent premises or of the neighborhood; or
b.
Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
on the premises which would be substantially disproportionate to any
benefit to the health, safety or welfare that might be derived therefrom;
and
c.
The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this section.
[1999 Code § 8.32.280]
The public officer may, with the approval of the Township Council
certified to by resolution, bring an action to be appointed receiver
ex officio of the rents and income of such property for the purpose
of collecting the rents and income from such property and expending
the same for the purpose of abating the conditions against which this
section is directed. The procedure and other legal steps shall be
governed by the provisions of applicable State Statutes.
[1999 Code § 8.32.290]
Any person, firm or corporation who shall violate any of the
provisions of this section shall, upon conviction, be punished by
a fine of not to exceed two thousand dollars ($2,000.00) or by imprisonment
in the County jail for a period of not to exceed ninety (90) days,
or by both such fine and imprisonment, and each violation of any of
the provisions of this section and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
[1999 Code § 8.144.010]
The presence upon lands lying within the corporate limits of
the Township of brush, weeds, dead and dying trees, stumps, roots,
obnoxious growth, filth, garbage, trash and debris is decreed to be
detrimental to public health, safety and the general welfare and likely
to present a fire hazard.
[1999 Code § 8.144.020]
The owner or tenant of lands lying within the corporate limits
of the Township is required to remove or cause to be removed from
such lands any brush, weeds, dead and dying trees, stumps, roots,
obnoxious growth, filth, garbage, trash and debris within ten (10)
days after receipt by such owner or tenant of written notice from
the Division of Health.
[1999 Code § 8.144.030; Ord. No.
O.1879-2014]
Notice to the owner or tenant to cause the removal of the substances
referred to in the preceding regulation shall be given by the Division
of Health and may be served upon any such owner or tenant either personally
or by certified mail, and, if the latter method, the ten-day period
within which such removal shall be accomplished shall be deemed to
have commenced to run from the date of the return receipt of such
certified mail obtained by the postal authority for the delivery of
such certified notice. Every such notice shall, in addition to requiring
the removal aforesaid, warn the owner or tenant of the lands to which
such notice refers that failure to accomplish such removal within
the time stated therein will result in removal by or under the direction
of the Division of Health and the cost of such removal shall be charged
to the owner or tenant of such lands and shall be payable to the Township
within thirty (30) days after the date of submission of the charges.
Unless such charges are paid within the 30-day period, the costs aforesaid
shall become a lien upon the lands and be collected as provided by
N.J.S.A. 40:48-2.14.
In the case of repeat violations, the Division of Health may
take action to abate subsequent violations without providing additional
notice, upon confirmation of continued ownership or occupancy by the
initial individual(s) served.
[1999 Code § 8.144.040]
Whenever the owner or the tenant of such lands within the Township,
receiving the notice provided for by the preceding regulation to remove
from such lands any of the substances hereinbefore mentioned, shall
fail and neglect, within the time prescribed in the notice, to effect
removal of such substances, such removal shall be accomplished by
or under the direction of the Division of Health. An accurate record
of the cost of such removal to the Township shall be determined by
the Health Officer, who shall certify the cost thereof to the Governing
Body, which shall examine the certificate against the lands; the amount
so charged shall forthwith become a lien upon such lands and shall
be added to and become and form part of the taxes next to be, assessed
and levied upon such lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
[Ord. No. O.1943-2016; Ord. No. 2024-2018; amended 3-8-2023 by Ord. No. O.2173-2023]
The following terms, wherever used herein or referred to in
this section, shall have the respected meanings assigned to them,
unless a different meaning clearly appears from the context; as used
in this section:
Shall mean a mortgagee or an agent or assignee of a mortgagee,
such as the servicer, who has filed a complaint in Superior Court
seeking to foreclose upon a residential or commercial mortgage. If
the entity seeking to foreclose upon the residential or commercial
mortgage changes as a result of an assignment, transfer, or otherwise
after the filing of the foreclosure complaint in the Superior Court,
the new entity shall be deemed the creditor for the purposes of this
section. For purposes of this section, a creditor shall not include
the State, a political subdivision of the State, a State, county,
or local government entity or their agent or assignee, such as the
servicer.
Shall mean those portions of a structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto, and the open land
space of any premises outside of any building or structure erected
thereon, including vacant lots.
Shall mean:
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Township.
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of the premises where the condition exists.
Shall mean any person, persons or entity not the owner, but
including any agent of the owner, who has charge, possession, custody,
care or control of a dwelling or premises or a part thereof.
Shall mean any person, persons or entity who shall have legal
or equitable title in any form whatsoever to any premises or part
thereof, including any fiduciary, trustee, receiver, guardian or mortgagee
in possession. Any lessee, sublessee or assignee of a lessee of any
part of any premises shall be deemed an "owner" with respect to that
portion of the premises sublet, leased or assigned.
Shall mean a lot, plot or parcel of land, right-of-way or
multiples thereof, including the building or structures thereon.
Shall mean the individual designated by the Township, in
accordance with N.J.S.A. 55:19-80.
Shall mean all discarded, useless, unusable, unused or worthless
solid waste matter or materials, combustible or noncombustible, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockery, wood, plastic, rubber, leather,
furniture, household goods, appliances, bedding, scrap lumber, scrap
metal, construction material, inoperable machinery or parts thereof,
garden or farming implements and supplies, dead or rotting vegetation,
tires and abandoned, inoperative or unusable automobiles and vehicles
and solid commercial or industrial waste. Anything herein to the contrary
notwithstanding, a compost pile free of discarded foodstuffs shall
not be deemed to be "refuse" or "rubbish."
Shall mean a motor vehicle without a valid and current State
inspection sticker.
Shall mean any building commercial or residential which is
not legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation;
provided however, that any property that contains all building systems
in working order and is being actively marketed by its owner for sale
or rental, shall not be deemed vacant. All commercial and residential
properties that meet the aforementioned criteria and are subject to
a summons and complaint in an action for foreclosure shall be deemed
vacant property in accordance with P.L. 2014, c. 35. Property deemed
to be "abandoned property" in accordance with the meaning of such
term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78
et seq., shall also be deemed to be vacant property for purposes of
this section.
shall mean a commercial or residential property which is
not occupied and at least two of the following conditions exist:
Overgrown or neglected vegetation;
The accumulation of the 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 material on the property;
The accumulation of junk, liter, trash or debris on the property;
The absence of window treatment such as blinds, curtains or
shutters;
The absences of furnishings and personal items;
Statements of neighbors, association management, delivery person
or government employee indicating that the residence is vacant and
abandoned;
Window or entrances to the property that are boarded up or closed
off or multiple 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 the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, graffiti, criminal conduct, or the physical destruction
or deterioration of the property;
An uncorrected violation of the municipal building, housing,
or similar code within the past six (6) months, 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any responsible indicia of abandonment.
[Ord. No. O.1943-2016; Ord. No. O.2024-2018; amended 3-8-2023 by Ord. No. O.2173-2023]
a.
The Public
Officer or their designee is directed to identify abandoned property
for the purpose of creating an "abandoned property list" throughout
the Township. Each item of abandoned property so identified shall
include the tax block and lot number, the name and address of the
owner of record, if known, the street address of the lot and the basis
for a determination that the property is abandoned.
b.
The Public
Officer or their designee is also directed to identify all properties
that are subject to foreclosure by creating a “foreclosure property
list” throughout the Township. Each item of a foreclosure property
so identified shall include the tax block and lot number, name and
address of the creditor or their representative, the street address
of the property and docket number of the summons and complaint of
the foreclosure action.
[Ord. No. O.1943-2016; Ord. No. O.2024-2018]
a.
Sixty (60) days after the effective date of this section or thirty
(30) days after a building or lot becomes abandoned as defined within
this section, the owner shall file a registration statement for each
such abandoned property with the Public Officer, on forms provided
by the Public Officer for such purposes. The registration shall remain
valid for one (1) year. The owner shall be required to renew the registration
annually as long as the building or lot continues to be abandoned
as defined herein and shall pay a registration or renewal fee in the
amount prescribed within this section.
b.
The owner shall notify the Public Officer within thirty (30) days
of any change in the registration information by filing an amended
registration statement on a form provided by the Public Officer for
such purpose.
c.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township of Edison against the
owner or owners of the property.
[Ord. No. O.1943-2016; Ord. No. O.2024-2018; amended 3-8-2023 by Ord. No. O.2173-2023]
a.
The owner of abandoned and vacant properties shall provide the following
information to the Public Officer or their designee on the initial
registration form, amendment registration form, or any other form(s)
prescribed by the Public Officer or their designee.
1.
Name, address, email address and contact telephone number of the
owner; the owner's address must include a street address; a post office
box is not acceptable;
2.
Name, address, email address and contact telephone number of any
local agent(s) or representative for the building or lot;
3.
Name, address, email address and contact telephone number of the
person assigned to the property for the security and maintenance of
the building or lot;
4.
Common address and Tax Assessor's block and lot designation of the
building or lot;
5.
The date on which the building became abandoned;
6.
Proof of utility (gas, electric, water) connections or disconnections;
and
7.
Any other information reasonably required by the Township to ensure
the safety of all persons and to prevent neglect.
b.
Any government entity that owns abandoned property will be exempt
from the provisions of this subsection. For purposes of this section,
the holder of a Federal Housing Administration ("FHA") mortgage, United
States Housing and Urban Development ("HUD") mortgage, or any other
federally insured mortgage shall not be considered a government entity
and shall not be exempt from the provisions of this section. The owner
of any property that is acquired by the owner through the foreclosure
of a FHA mortgage, HUD mortgage or any other federally insured mortgage
shall also not be exempt from the provisions of this section.
c.
By designating an authorized agent under the provisions of this subsection,
the owner consents to receive any and all notices of code violations
concerning the registered abandoned property and all process in any
court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered abandoned property
by service of the notice of process on the authorized agent. Any owner
who has designated an authorized agent under the provisions of this
section shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner notifies
the Township of a change of an authorized agent or until the owner
files a new annual registration statement.
d.
The owner is required to update the form within thirty (30) days
of a change of any information contained within the form.
e.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township of Edison against the
owner or owners of the abandoned property.
f.
The Public Officer may identify abandoned properties through his/her
routine inspection process as well as through notification by residents,
or other community groups that a property may be eligible for inclusion
on the registry. Notice will be served upon, or sent by mail, to the
owner and will be deemed received by the owner, upon personal delivery;
or five (5) days after service by first class mail.
[Ord. No. O.1943-2016; Ord. No. O.2024-2018; amended 3-8-2023 by Ord. No. O.2173-2023]
a.
Every creditor filing an action to foreclose on a mortgage of any
residential or commercial property within the Township shall, within
ten (10) days thereof, notify the Township Clerk for the Township
in writing by mail of said filing. (See N.J.S.A. 46:10B-51). The notice
shall also include the foreclosure docket number, street address,
lot and block number of the property, and the full name and contact
information of an individual located within the State who is authorized
to accept service on behalf of the creditor.
b.
The notice shall also contain the name and contact information of
the representative of the creditor who is responsible for receiving
complaints of property maintenance and code violations. In the event
the creditor that has served a summons and complaint in an action
to foreclose on a residential property is located out-of-State, the
notice shall also contain the full name and contact information of
an in-State representative or agent who shall be responsible for the
care, maintenance, security and upkeep of the exterior of the property
if it becomes vacant and abandoned.
1.
A creditor filing a summons and complaint in an action to foreclose on a vacant and abandoned property, or a creditor who has previously filed a summons and complaint to foreclose on a residential or commercial property which subsequently becomes vacant and abandoned, shall within thirty (30) calendar days after the building becomes vacant and abandoned or within thirty (30) calendar days after assuming ownership of the vacant and abandoned property, whichever is earlier; or within ten (10) calendar days of receipt of notice from the Township, and annually thereafter, file a registration statement for such vacant and abandoned property with the Public Officer consistent with subsection 15-3.4a, of this section, for such purposes. Any failure to receive notice from the Township shall not constitute grounds for failing to register the vacant and abandoned property.
2.
Each vacant and abandoned property having a separate block and lot
number as designated in the official tax maps of the Township shall
be registered separately.
3.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person twenty-one
(21) years or older, designated by the creditor as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such creditor in connection with the enforcement of any
applicable code.
4.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the abandoned and vacant property. The individual
or representative of the firm responsible for maintaining the abandoned
and vacant property shall be available by telephone or in person on
a twenty-four (24) hour per day, seven (7) day per week basis. The
two (2) entities may be the same or different persons. Both entities
shown on the statement must maintain offices in the State of New Jersey
or reside within the State of New Jersey.
5.
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31st of the year in which it was filed. The creditor shall be required to renew the registration annually as long as the building remains vacant and abandoned and shall pay a registration or renewal fee in the amount prescribed in subsection 15-3.8 for each vacant and abandoned property registered.
6.
The annual renewal shall be completed by January 1st each year. The
initial registration fee shall be pro-rated for registration statements
received less than ten (10) months prior to that date.
7.
The creditor shall notify the Municipal Clerk within ten (10) calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Municipal Clerk for
such purpose.
8.
The registration statements shall be deemed prima facie proof of
the statements therein contained in any administrative enforcement
processing or court proceeding instituted by the Township against
the creditor.
[Ord. No. O.1943-2016; Ord. No. O.2024-2018]
After filing a registration statement or a renewal of a registration
statement and upon reasonable notice, the owner and/or creditor of
any abandoned property shall provide access to the Township to conduct
an exterior and interior inspection of the building to determine compliance
with the Municipal Code, during the period covered by the initial
registration or any subsequent renewal.
[Ord. No. O.1943-2016; Ord. No. O.2024-2018; amended 3-8-2023 by Ord. No. O.2173-2023]
a.
The owner and/or creditor of any abandoned property, shall immediately
upon possession or the filing of a summons and complaint in an action
to foreclose on a residential or commercial property within the Township
be immediately responsible for the care, maintenance, security and
upkeep of the exterior of the property, after the property becomes
vacant and abandoned and shall:
1.
Enclose and secure the building against unauthorized entry in accordance
with the applicable provisions of the Code of the Township of Edison
and as per the specifications established by the Department of Housing
and Urban Development ("HUD") for securing abandoned and/or vacant
properties.
2.
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, owner's authorized agent for the
purpose of service of process (if designated pursuant to this section)
and a New Jersey resident responsible for day-to-day supervision and
management of the property, if such person is different from the owner
or authorized agent. The sign shall be of a size and placed in such
a location so as to be visible from the nearest public street or sidewalk,
whichever is nearer, but shall be no smaller than 8" x 10" and shall
state "WARNING: THIS BUILDING IS SECURED PURSUANT TO CHAPTER 15 OF
THE TOWNSHIP OF EDISON CODE. ANYONE ENTERING THIS BUILDING WITHOUT
AUTHORIZATION WILL BE SUBJECT TO ARREST."
3.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the property is complete.
4.
Ensure that all bushes and trees are trimmed and that they do not
interfere with neighboring properties.
5.
Ensure that grass does not exceed eight (8) inches in height and
that all grass clippings are removed from the lot when the grass is
cut.
6.
Lots must be clear of all garbage, litter and debris. Abandoned properties
must be clear of all vehicles: cars, boats, campers, etc.
7.
All sidewalks bordering abandoned properties must be maintained and
be cleared of snow, ice, tripping hazards, obstructions, garbage,
litter and debris.
8.
The owner and/or creditor shall perform regular weekly inspections
of the abandoned property to ensure compliance with the requirements
of this section.
9.
The owner and/or creditor shall maintain a property insurance policy
for each registered property. Buildings with fewer than four (4) residential
units are required to be insured at a minimum of $300,000.00. All
other properties must be insured at a minimum of $1,000,000.00.
10.
Ensure all vandalism, graffiti is removed and exterior hazards are
repaired or corrected to the satisfaction of the Public Officer or
their designee.
b.
If the owner and/or creditor of the abandoned property fails to comply
with all provisions of this section, the Township shall take the necessary
steps to bring the property into compliance with this section. All
costs incurred by the Township in connection with its efforts to bring
the property into compliance shall be forwarded to the Tax Collector
for inclusion as a municipal lien on the property.
[Ord. No. O.1943-2016; Ord. No. O.2024-2018; amended 3-8-2023 by Ord. No. O.2173-2023]
a.
The initial registration fee for each abandoned property shall be
one thousand ($1,000.00) dollars. The fee for a second year renewal
shall be two thousand ($2,000.00) dollars, and three thousand ($3,000.00)
dollars for each subsequent year thereafter.
b.
If the property is required to be registered because of a summons and complaint action to foreclose was filed by the creditor, the fee shall be five hundred ($500.00) dollars. If the property is vacant or abandoned pursuant to subsection 15-3.1 when the summons and complaint in an action to foreclose is filed or becomes vacant and abandoned pursuant at any time thereafter while the property is in foreclosure an additional two thousand ($2,000.00) dollars fee shall be assessed.
c.
The registration shall remain valid for one (1) year from the date
of registration except for the initial registration which shall be
valid through December 31st of the year in which it was filed. The
owner and/or creditor shall be required to renew the registration
annually as long as the building remains vacant and abandoned and
or subject to foreclosure and shall pay a registration or renewal
fee in the amount prescribed in paragraph a. of this subsection for
each vacant and abandoned property registered. The annual renewal
shall be completed by January 1st each year. The initial registration
fee shall be pro-rated for registration statements received less than
ten (10) months prior to that date.
d.
Any owner who is not in full compliance with this section or who
otherwise violates any provision of this section or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than five hundred ($500.00) dollars per acre of property, with a minimum
fine of five hundred ($500.00) dollars and a maximum fine of two-thousand
five hundred ($2,500.00) dollars. Every day that a violation continues
shall constitute a separate and distinct offense. An out-of-state
creditor who fails to appoint an in-State representative or agent
pursuant to subsection 13-3.5a shall be subject to a fine of two-thousand
and five hundred ($2,500.00) dollars for each day of the violation.
Fines assessed under this section shall be recoverable from the owner
and shall be a lien on the property.
e.
For purposes of this section, failure to file a registration statement
in time, failure to provide correct information on the registration
statement, and/or failure to comply with any other provisions of this
section shall be deemed to be a violation hereunder.
f.
The Public Officer shall be authorized to issue a notice to an owner
and/or creditor that has filed a summons and complaint in an action
to foreclose on a residential property within the Township, if the
Public Officer determines that the owner and/or creditor has failed
to provide for the care, maintenance, security, and/or upkeep of a
vacant property.
h.
The notice referenced in paragraph f of this subsection shall require
the owner and/or creditor to correct the violation within twenty (20)
days of receipt of this notice, or within five (5) days of receipt
of the notice if the violation presents an imminent threat to public
health and safety. A finding violation by the Township Municipal Court
or any other court of competent jurisdiction, excluding paragraph
d. of this subsection, shall be subject to a fine of one thousand
five hundred ($1,500.00) dollars for each day of the violation. Any
fines imposed shall commence thirty-one (31) days following receipt
of the notice of violation, except if the violation presents an imminent
risk to public health and safety, in which case any fines shall commence
eleven (11) days following receipt of said notice.
i.
The issuance of notice pursuant to paragraph f of this subsection
shall constitute proof that a residential or commercial property is
vacant and abandoned for the purposes of this section.
j.
Any entity designated as a redeveloper pursuant to the Local Redevelopment
and Housing Law, N.J.S.A. 40A:12-1, et. seq. may apply for a registration
fee exemption if all approved plans for the property comply with Township
regulations, and development has been delayed as a result project
financing application.
k.
Any fee collected pursuant to subsection a. shall be utilized by the Township for the further maintenance and regulation of abandoned properties. No less than twenty (20%) percent of any money collected pursuant to paragraphs b and d shall be utilized by the Township for municipal code enforcement purposes.
