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Borough of Roosevelt, NJ
Monmouth County
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Table of Contents
Table of Contents
[Adopted 11-10-2003 by Ord. No. 204; amended 3-11-2013 by Ord. No. 204-2]
The 2012 edition of the International Property Maintenance Code (IPMC), as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the Borough of Roosevelt.
As subsequent editions of the International Property Maintenance Code are duly promulgated by the International Code Council, the latest promulgated edition shall be the Property Maintenance Code of the Borough of Roosevelt.
All buildings and premises in the Borough of Roosevelt shall be maintained in accordance with the standards and requirements set forth in the Property Maintenance Code of the Borough of Roosevelt.
The first sentence of Section 302.4 of the IPMC is amended to read as follows: "All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches." If the section number or language of the section of subsequent editions of the IPMC dealing with weeds changes, it is the intent of the Mayor and Council in enacting this amendment that the limitation of weeds or plant growth remain at 10 inches.
The Property Maintenance Code of the Borough of Roosevelt shall be enforced by the Housing Inspector.
Any person who shall violate any provision of the Property Maintenance Code of the Borough of Roosevelt shall be subject to a penalty not to exceed $1,250 per violation. Each day on which a violation shall continue after notice has been given by the Housing Inspector to abate the violation shall be deemed to constitute a separate and distinct violation.
Ordinances or parts inconsistent herewith are repealed, but only to the extent of such inconsistency.
The provisions of this section are declared to be severable. Any invalidation of any provision of this section by a court of law shall not be deemed to affect the validity of the remaining provisions.
Three copies of the 2012 edition of the International Property Maintenance Code shall be placed on file in the office of the Borough Clerk for the use and examination of the public.
[Adopted 12-11-1957 by Ord. No. 53]
The owner or tenant of any lands lying within the limits of the Borough of Roosevelt shall keep all brush, hedges and other plant life growing within 10 feet of any roadway or street and within 25 feet of the intersection of two roadways or streets cut to height of not more than 2 1/2 feet where it shall be determined necessary and expedient for the preservation of the public safety, within 10 days after notice to cut and remove same.
Such notice to cut and remove objectionable brush, hedges and other plant life shall be given by the Borough Clerk to the owner or tenant by certified mail to the last known post office address.
The Borough Clerk shall determine by resolution as to whom such notice shall be given pursuant to this section.
In the event of the failure of any owner or tenant to keep all brush, hedges and other plant life, growing within 10 feet of any roadway or street and within 25 feet of the intersection of two roadways or streets cut to a height of not more than 2 1/2 feet, after written notice thereof, the Borough of Roosevelt may proceed to cause the cutting and removal of such brush, hedges and other plant life under the direction of the Superintendent of Public Works.
In any case where the Borough has cut and removed brush, hedges and other plant life, the Superintendent of Public Works shall thereafter certify to the Borough Council, the cost thereof, and if the amount so certified is by resolution of the Borough Council determined to be correct and reasonable, the Borough Clerk shall forthwith deliver a certified copy of said resolution to the Tax Collector. The amount so charged shall forthwith become a lien upon such lands from which the brush, hedges, and other plant life were cut and removed, 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 other taxes and shall be collected and enforced by the Tax Collector, in the same manner as taxes, as authorized by N.J.S.A. 40:48.2-26 and N.J.S.A. 40:48.2-27.
[New]
Any person who shall refuse or neglect, after written notice, as above set forth, to comply with the demands therein made with respect to the cutting of the foregoing for the preservation of the public safety of the citizens of the Borough of Roosevelt, within the period of time above set forth, shall upon conviction thereof be liable to a penalty not to exceed $500, and each and every day in which the owner or tenant shall refuse or neglect so to cut said matter shall be and constitute a separate offense. The imposition and collection of any fine or penalty prescribed by this section shall not bar the right of the Borough to collect the cost of the cutting of the brush, hedges and other plant life, as hereinbefore specified; and the said remedies shall be cumulative.
[Ord. No. 15-002]
The creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of any vacant and abandoned residential property, and if located out-of-State, shall be responsible for appointing an in-State representative or agent to act for the foreclosing creditor.
[Ord. No. 15-002]
The Housing Inspector is hereby authorized to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the Housing Inspector determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of a notice pursuant to this paragraph shall constitute proof that a property is "vacant and abandoned" for the purposes of P.L.2012, c.70 (C.2A:50-73).
[Ord. No. 15-002]
An out-of-State creditor shall include the full name and contact information of the in-State representative or agent in the notice required to be provided pursuant to paragraph (1) of subsection a of section 17 of P.L.2008, c.127 (C.46:10B-51).
[Ord. No. 15-002]
An out-of-State creditor subject to this section who is found by the Municipal Court of Borough of Roosevelt, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent, pursuant to 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 set forth in paragraph (1) of subsection a of section 17 of P.L.2008, c.127 (C.46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
[Ord. No. 15-002]
A creditor, subject to this section, who is found by the Municipal Court of the Borough of Roosevelt, or by any other court of competent jurisdiction, to be in violation of the requirement to correct, care, maintain, secure, or upkeep, as cited in a notice issued pursuant to this section, shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
[Ord. No. 15-002]
No less than 20% of any money collected pursuant to subsection 12-3.5 of this section shall be utilized for Municipal Code enforcement purposes.
[Ord. No. 15-010]
a. 
The public officer is hereby directed to identify abandoned properties within the municipality, place said properties on an abandoned property list established as provided in Section 36 of P.L.1996, c.62 (C.55:19-55), as amended by Section 28 of P.L.2003, c.210, and provide such notices and carry out such other tasks as are required to effectuate an abandoned property list as provided by law.
b. 
The abandoned property list shall apply to the Borough of Roosevelt as a whole.
c. 
The Housing Inspector is hereby designated as the public officer for the purpose of carrying out the responsibilities established by this ordinance, and shall have all the responsibilities and powers provided by law.
d. 
The public officer shall provide a report to the Mayor and Governing Body every six months, with respect to the number and location of properties on the abandoned property list, the status of those properties, and any actions taken by the municipality or by any qualified rehabilitation entity with respect to any property on the list or any other abandoned property within the Borough of Roosevelt.
[Ord. No. 2016-08§ a]
CREDITOR
Means a State chartered bank, savings bank, savings and loan association or credit union, any person or entity required to be licensed under the provisions of the "New Jersey Residential Mortgage Act," P.L. 2009, c.53 (C.17:11C-51 et seq.), any foreclosing entity subject to the provisions of C.46:10B-51 (P.L. 2008, c. 127, Sec. 17, as amended from time to time) and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
Means, consistent with section 1 of P.L. 2010, c.70 (C.2A:50-73), residential real estate, where a notice of violation has been issued pursuant to subsection 12-5.5a and subsection b of section 1 of P.L.2014, c.35 (C.40:48-2.12s). Residential property shall further be deemed Vacant and Abandoned where a mortgaged property is not occupied by a mortgagor or tenant and at least two of the following conditions exist:
a. 
Overgrown or neglected vegetation;
b. 
The accumulation of newspapers, circulars, flyers or mail on the property;
c. 
Disconnected gas, electric, or water utility services to the property;
d. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
e. 
The accumulation of junk, litter, trash or debris on the property;
f. 
The absence of window treatments such as blinds, curtains or shutters;
g. 
The absence of furnishings and personal items;
h. 
Statements of neighbors, association management, delivery persons, or government employees indicating that the residence is vacant and abandoned;
i. 
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
j. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
k. 
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, criminal conduct, or the physical destruction or deterioration of the property;
l. 
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;
m. 
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;
n. 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
o. 
Any other reasonable indicia of abandonment.
[Ord. No. 2016-08§ b]
a. 
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 property which subsequently becomes Vacant and Abandoned, shall within 30 calendar days after the building becomes Vacant and Abandoned or within 30 calendar days after filing a summons and complaint regarding a vacant property, whichever is later; or within 10 calendar days of receipt of notice from the Borough, and annually thereafter, file a registration statement for such Vacant and Abandoned property with the Municipal Clerk on forms provided by the Borough for such purposes. Any failure to receive notice from the Borough shall not constitute grounds for failing to register the Vacant and Abandoned property.
b. 
Each Vacant and Abandoned property having a separate block and lot number as designated in the official tax maps of the Borough shall be registered separately.
c. 
The registration statement shall include the name, street address, telephone number, and email address (if applicable) of a person 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.
d. 
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-hour per day, seven-day per week basis. The two 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.
e. 
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 12-5.3 for each Vacant and Abandoned property registered.
f. 
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 10 months prior to that date.
g. 
The Creditor shall notify the Municipal Clerk within 30 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.
h. 
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 Borough against the Creditor.
[Ord. No. 2016-08§ c]
The initial registration fee for each Vacant and Abandoned property under the provisions of this section shall be $500. The fee for the first annual renewal shall be $1,500 and the fee for the second annual renewal shall be $3,000. The fee for any subsequent annual renewal beyond the second renewal shall be $5,000.
[Ord. No. 2016-08§ d]
a. 
A Creditor filing a summons and complaint in an action to foreclose on a residential property within the Borough shall be immediately responsible for the care, maintenance, security and upkeep of the exterior of the property, after the property becomes Vacant and Abandoned as defined in this section.
b. 
Where a Creditor is located out-of-state, the Creditor shall be responsible for appointing an in-State representative or agent to act on the Creditor's behalf for the purpose of satisfying the requirements of paragraph a above. Notice of said representative or agent shall be provided to the Municipal Clerk pursuant to subsection 12-5.2 paragraphs c and d and pursuant to paragraph (1) of subsection a of section 17 of P.L.2008, c. 127 (C.46:10B-51).
[Ord. No. 2016-08§ e]
a. 
The enforcement officers designated in this section shall be authorized to issue a notice to a Creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Borough, if the enforcement officer determines that the Creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of a Vacant and Abandoned property.
Where a Creditor is an out-of-State Creditor, the notice shall be issued to the representative or agent that has been identified by the Creditor pursuant to subsection 12-5.4b and paragraph (1) of subsection a of section 17 of P.L.2008, c. 127 (C.46:10B-51).
b. 
The notice referenced in paragraph a above shall require the Creditor to correct the violation(s) 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.
c. 
The issuance of a notice pursuant to paragraph a above shall constitute proof that a residential property is Vacant and Abandoned for the purposes of this section.
[Ord. No. 2016-08§ f]
The duty of administering and enforcing the provisions of this section is conferred upon the Municipal Clerk, Construction Official, Zoning Officer, Housing Officer, Health Officer, and any other duly appointed representatives.
[Ord. No. 2016-08§ g]
a. 
A Creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement 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 of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following the receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
b. 
An out-of-state Creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent pursuant to 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 set forth in paragraph (1) of subsection a of section 17 of P.L.2008, c. 127 (C.46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
c. 
A Creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to register a Vacant and Abandoned property pursuant to subsection 12-5.2 shall be subject to a fine not exceeding $2,000. Any fines imposed on a Creditor under this paragraph shall commence 11 days following receipt of notice from the Borough pursuant to subsection 12-5.2a.
d. 
No less than 20% of any money collected by the Borough pursuant to this section shall be utilized by the Borough for municipal code enforcement purposes.