[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Ordinances or parts inconsistent herewith are repealed, but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.
[Amended 7-13-2020 by Ord. No. 20-09]
Such notice to cut and remove objectionable brush, hedges and
other plant life shall be given by the Borough 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.
[Amended 7-13-2020 by Ord. No. 20-09]
In any case where the Borough has cut and removed brush, hedges
and other plant life, the Borough CFO of Purchasing Agent 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.
[Amended in entirety 3-20-2023 by Ord. No. 2023-01. Prior history includes Ord. No. 2016-08.]
[Added 3-20-2023 by Ord.
No. 2023-01]
The Borough of Roosevelt hereby establishes a vacant property
registration program for the purposes of identifying and monitoring
residential and commercial properties within the Borough against which
a summons and complaint in an action to foreclose on a mortgage has
been filed, and to regulate the care, maintenance, security, and upkeep
of the exterior of vacant and abandoned residential and commercial
properties against which a summons and complaint in an action to foreclose
has been filed; as well as impose property registration fees upon
the creditors of such residential or commercial properties on an annual
basis.
[Added 3-20-2023 by Ord.
No. 2023-01]
Means a mortgagee or an agent or assignee of a mortgagee,
such as the servicer, who has filed a complaint in the 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 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.
Means residential and commercial properties within the Borough
against which a summons and complaint in an action to foreclose on
a mortgage has been filed.
Means residential and commercial properties as to which a notice of violation has been issued under subsection 12-5.6 hereinbelow, or where a notice of violation has not been issued, such property shall be deemed "vacant and abandoned" if it is not occupied by a mortgagor or tenant (evidenced by a lease agreement), 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, association management, 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 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;
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;
Any other reasonable indicia of abandonment.
[Added 3-20-2023 by Ord.
No. 2023-01]
a.
A creditor filing a summons and complaint in an action to foreclose
upon a real property within the Borough shall, within 10 days after
serving such summons and complaint, and annually thereafter, file
a registration statement for such property in foreclosure with the
Borough Clerk on forms provided by the Borough for such purposes.
b.
Each property in foreclosure 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 this
chapter. The registration statement shall also 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 property in foreclosure. The authorized
agent and the responsible person(s) may be the same or different.
All such persons shown on the statement must maintain offices in the
State of New Jersey or reside within the State of New Jersey.
d.
The registration statement shall identify the date the summons and
complaint in an action to foreclose on a mortgage was filed against
the subject property, the court in which it was filed, and the docket
number of the filing.
e.
The registration statement shall further identify whether the property is vacant and abandoned in accordance with the definition set forth in subsection 12-5.2 hereinabove.
f.
The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned under the definition set forth in subsection 12-5.2 after the property is initially registered with the Borough, update the property registration with the Borough to reflect the change in the property's status within 10 days thereof.
g.
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 and shall pay the registration fee prescribed in subsection 12-5.4 for each 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 10 months prior to that date.
h.
The creditor shall notify the Borough Clerk within 10 days of any
change in the registration information by filing an amended registration
statement on a form provided by the Borough Clerk for such purpose.
i.
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.
[Added 3-20-2023 by Ord.
No. 2023-01]
The annual registration fee shall be $500 per property annually for any property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor. An additional $2,000 per property annually shall be assessed upon registration or renewal if the property was vacant and abandoned under the definition set forth in subsection 12-5.2 hereinabove when the summons and complaint in an action to foreclose was filed, or becomes vacant and abandoned under the definition set forth in subsection 12-5.2 hereinabove at any time thereafter while the property is in foreclosure.
[Added 3-20-2023 by Ord.
No. 2023-01]
a.
A creditor filing a summons and complaint in an action to foreclose
against a property within the Borough shall be immediately responsible
for the care, maintenance, security and upkeep of the exterior of
the property in accordance with this chapter.
b.
A creditor filing a summons and complaint in an action to foreclose against a vacant and abandoned property as defined in subsection 12-5.2 hereinabove, or against a property that thereafter becomes vacant and abandoned under the definition set forth in subsection 12-5.2 hereinabove at any time while the property is in foreclosure, shall:
1.
Enclose and secure the property against unauthorized entry as provided
in the applicable provisions of the Borough Code, or as set forth
in any such rules and regulations supplementing same; and
2.
Post a sign affixed to the inside of the property and visible to
the public indicating the name, address, and telephone number of the
creditor or an out-of-State creditor's in-State representative
or agent for the purpose of receiving service of process; and
3.
Ensure that the property, including yards, fences, sidewalks, walkways,
retaining walls, attached or unattached accessory structures and driveways,
are well-maintained and free from trash, debris, loose litter, and
grass and weed growth; and
4.
Continue to maintain the property in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the property is again occupied,
demolished, or until repair and/or rehabilitation of the property
is complete.
5.
The creditor shall acquire or otherwise maintain liability insurance,
in an amount of not less than $300,000 for properties designed primarily
for one to four unit residential use and not less than $1,000,000
for any other property, including, but not limited to, properties
designed for multifamily, manufacturing, storage or commercial uses,
covering any damage to any person or any property caused by any physical
condition of or in the property. Any insurance policy acquired or
renewed after the property has become vacant and abandoned shall provide
for written notice to the Borough Clerk within 30 days of any lapse,
cancellation or change in coverage. The creditor shall attach evidence
of the insurance to the annual registration statement. Any registration
statement for a vacant and abandoned property that does not include
such evidence shall not be a valid registration.
c.
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 subsections 12-5.5a and 12-5.5b hereinabove. Notice of said representative or agent shall be provided to the Borough Clerk under Subsection 12-5.3c.
[Added 3-20-2023 by Ord.
No. 2023-01]
a.
The enforcement officers designated in subsection 12-5.7 hereof shall be authorized to issue a notice to any creditor that has filed a summons and complaint in an action to foreclose against a 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 property in foreclosure or a vacant and abandoned property, or has failed to comply with any other provision or requirement of this chapter.
b.
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 12-5.5c.
[Added 3-20-2023 by Ord.
No. 2023-01]
The duty of administering and enforcing the provisions of this Section 12-5 is conferred upon the Borough Clerk, Code Enforcement Officer, Housing Inspector, and Zoning Officer, and any other duly appointed representatives.
[Added 3-20-2023 by Ord.
No. 2023-01]
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 referenced in subsection 12-5.6a, 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 referenced in subsection 12-5.6a.
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 N.J.S.A. 46:10B-51 and/or N.J.S.A. 40:48-2.12s2 for providing notice
to the Borough Clerk that a summons and complaint in an action to
foreclose on a mortgage has been filed, and shall continue accruing
until such proper registration is filed with the Borough.
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 property pursuant to subsection 12-5.3 shall be subject to a fine not exceeding $2,000. Any fines imposed on a creditor under this subsection 12-5.8c shall commence on the day after the ten-day period set forth in subsection 12-5.3 to register such property, and shall continue accruing until such proper registration is filed with the Borough.
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.
[10-13-2020 by Ord. No.
20-11]
The purpose of this section is to preserve and protect private
and public property from the damaging spread of running bamboo grasses
and to protect indigenous plants and the wildlife they support from
the invasive spread of such bamboo from any neighboring property line.
[10-13-2020 by Ord. No.
20-11]
As used in this section, the following terms shall have the
meanings indicated:
The Borough of Roosevelt, Monmouth County, New Jersey.
A distance of at least five feet from any lane, street, road,
right-of-way, or neighboring property line, whichever is more restrictive
for the running bamboo property owner.
Any written notice by, from or on behalf of the Borough,
notifying the running bamboo property owner(s) that they are in violation
of this section and directing them to abate the violation. Such notice
shall be sent by certified mail, return receipt requested, addressed
to the owner(s) listed on the current tax address on file with the
Borough. A copy may also be posted on the property in question.
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice on the
property in question, whichever is earlier.
Any monopodial (running) woody grass from the genera of bamboos
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
Any property owner(s) or tenant(s) who, or which, have running
bamboo on their property, even if the bamboo has spread onto their
property from an adjoining property.
[10-13-2020 by Ord. No.
20-11]
a.
The planting of running bamboo is prohibited within the Borough, unless said plantings comply with the restrictions set forth in Subsection 12-6.3b hereinbelow.
b.
Any property owners(s) with running bamboo on their lands within
the Borough after the effective date of this section shall be in violation
of this section and shall be subject to the penalties set forth herein,
subject to the following exceptions:
1.
The root system of such running bamboo is entirely contained within
an aboveground planter and located so as to entirely prevent the spread
or growth of the bamboo plants' root system beyond the container in
which it is planted; or
2.
The root system is contained within a barrier, constructed in accordance
with the following specifications:
(a)
The barrier itself shall be composed of a high density polyethylene
(HDPE) with a minimum thickness of 60 mil (or 1/16 of an inch);
(b)
Each portion of the barrier shall be joined together by the
use of sufficient composite, plastic, or stainless steel strips or
clamps;
(c)
The barrier shall be a minimum of 30 inches deep, with two to
three inches of the barrier protruding above ground level around the
entire perimeter of the bamboo;
(d)
When installed, the barrier shall slant outward from the bottom
to top.
3.
Whether planted or growing in a container, as described herein, all
running bamboo shall be located, trimmed and maintained so that no
part of the plant shall be closer than five feet from any lane, street,
road, right-of-way, or neighboring property line.
[10-13-2020 by Ord. No.
20-11]
a.
Any running bamboo on any property within the Borough as of the effective date of this section may remain on such property, provided that such running bamboo is planted and maintained in accordance with Subsection 12-6.3b hereinabove.
b.
Running bamboo property owner(s) shall take all necessary measures to ensure that any running bamboo on their property does not exist within any buffer zone. Such measures shall include, but are not limited to, cutting down, digging out, or otherwise removing running bamboo existing in the buffer zone and physically removing or poisoning the rhizomes or spraying any regrowth for several years until the running bamboo is dead and, if running bamboo is permitted to remain outside the buffer zone, installing an impenetrable barrier (per Subsection 12-6.3b hereinabove) placed no less than five feet from any lane, street, road, right-of-way, or neighboring property line at a sufficient depth to prevent any growth of running bamboo within any buffer zone.
c.
This section shall not be deemed to alter any rights at common law
or otherwise that any property owner may have to recover the cost
of removal of running bamboo on their own property from another property
owner from whose property the running bamboo has spread.
[10-13-2020 by Ord. No.
20-11]
If running bamboo on any property grows in or into any buffer
zone, the Borough shall give notice to the running bamboo property
owner(s), as required by this section, that the said property owner(s)
are responsible for the extermination or removal of such running bamboo
from the buffer zone.
[10-13-2020 by Ord. No.
20-11]
All premises within the Borough shall be subject to inspection
by the Code Enforcement Officer to determine compliance with this
section as provided by law.
[10-13-2020 by Ord. No.
20-11]
a.
Whenever running bamboo as defined by this section is found planted
in the ground on any plot of land, lot or any other premises or place
in violation of this chapter, a notice of violation shall be given
to the running bamboo property owner(s), in writing, providing said
running bamboo property owner(s) at least 45 days to remove or abate
the same.
b.
The cost of the abatement shall be borne by the running bamboo property
owner.
c.
If the running bamboo property owner fails to comply with such notice,
the Code Enforcement Officer may remove or otherwise control the running
bamboo and the Borough may recover the cost of such removal from the
running bamboo property owner and place a lien on the property to
recover the cost of the removal.
d.
Any running bamboo property owner(s) violating this section who fails
to abate the violation after notice shall be subject to an initial
fine, not to exceed $500, and for each day after receipt of the summons
for the initial violation that the running bamboo property owner(s)
thereafter fails to comply, shall be subject to a daily fine not to
exceed $100 upon conviction by the Municipal Court.
[10-13-2020 by Ord. No.
20-11]
No notices, summonses or other process shall be issued by the
Borough under the authority of this chapter, nor shall any penalties
be enforced by the Municipal Court for violations of this chapter,
except for any such violation(s) occurring on or after March 1, 2021.
