Township of Long Hill, NJ
Morris County
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Table of Contents
Table of Contents
[Ord. No. 34-91 preamble]
The Township Committee recognizes the need to establish minimum standards governing the maintenance, appearance and condition of properties within the Township and to eliminate those extreme cases where premises have deteriorated to the point that they adversely affect the values of neighboring properties.
The Township Committee wishes to adopt a property maintenance code that protects the health, safety and welfare of the general public without substantially infringing upon the private property rights of Township residents.
The Township Committee feels that this section balances those competing interests.
[Ord. No. 34-91 § 1; Ord. No. 24-92 § 1]
a. 
All definitions of the BOCA Basic Building Code are hereby incorporated by reference.
b. 
Definitions. As used in this section:
EXPOSED TO PUBLIC VIEW
Shall mean visible from any street or neighboring property.
INOPERABLE VEHICLE
Shall mean any vehicle that, while presently inoperable, is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding its present estimated value and repair.
JUNK VEHICLE
Shall mean any rusted, wrecked, damaged, dismantled or partially dismantled, inoperative or abandoned vehicle in such condition that it is economically unsound to restore same to operating condition considering the repairs to be made, age of vehicle and present estimated value of the vehicle if it were restored.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit (regardless of the number of tax map lots contained therein).
PROPERTY
Shall mean every property and every use, including vacant buildings and vacant lots and other undeveloped land, in the Township.
[Ord. No. 34-91 § 2; Ord. No. 6-98 § 2]
Every property in the Township shall be subject to the requirements of this section. Both property owners and occupants shall be responsible for compliance with this section. No owner or occupant shall be relieved from such duties and responsibilities or be entitled to defend against any charge of violation of this section by reason of the fact that the other is also responsible therefor and in violation thereof, nor shall any owner or occupant be relieved of responsibility under this section by reason of any lease or other agreement allocating responsibility between the owner and occupant.
[Ord. No. 396-2017]
The intent of this subsection is to provide for the enforcement of the Township Property Maintenance Code and other applicable law against and to vacant and abandoned properties pending foreclosure.
[Ord. No. 396-2017]
A creditor filing a complaint in a foreclosure action shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. If the creditor is located out of the State of New Jersey, the creditor must appoint an in-State representative or agent to act for the foreclosing creditor.
[Ord. No. 396-2017]
a. 
A creditor filing a complaint in a foreclosure action on residential property located in the Township of Long Hill shall, within 10 days of serving the summons and complaint, serve the Township Clerk with a Notice advising that a summons and complaint in a foreclosure action has been filed against the subject property. The notice shall contain and include the information set forth in Subsection c below and shall be provided by mail.
b. 
Any creditor that has filed a complaint in a foreclosure action on any residential property which is pending in Superior Court shall provide to the Township Clerk with the Notice as described in Subsection c below for any residential properties in the Township for which the creditor has pending foreclosure actions.
c. 
The Notice shall state:
1. 
The name and contact information for the representative (located within the State of New Jersey) of the creditor who is responsible for property maintenance and will respond to Township communications regarding the property;
2. 
Whether the property being foreclosed on is an affordable unit pursuant to the "Fair Housing Act";
3. 
The street address, lot and block number of the property; and
4. 
If the creditor is located out of State, the Notice should include the full name and contact information of the representative/agent located within the State of New Jersey authorized to act on behalf of the entity/creditor, accept service on behalf of the entity/creditor, and to receive and act on notifications regarding maintenance of the property in foreclosure.
[Ord. No. 396-2017]
Any creditor having filed a complaint in an action in foreclosure on a property, and that creditor having been notified by the Construction Code Official in writing that the property appears to be or is abandoned or vacant, shall be responsible within 30 days of said notification as follows:
a. 
Investigate and inspect the property as required to determine if the property is abandoned and vacant, and notify the Construction Code Official in writing of that determination.
b. 
Secure the building and structure on the property from unauthorized entry.
c. 
Perform such appropriate repairs or maintenance of the exterior grounds of the property, including yards, fences, sidewalks, walkways, driveways as may be needed or directed by the Construction Code Official so that the property is free from trash, debris, or excessive grass or weed growth, or safety hazards.
d. 
Continue to maintain the structures in a secure condition and the grounds in a clean, properly maintained state.
[Ord. No. 396-2017]
If the owner of a residential property vacates or abandons any property upon which a complaint in a foreclosure action has been filed or if a property is otherwise vacated and/or abandoned subsequent to the filing of the complaint in a foreclosure action, but prior to the vesting of title in any third party, the foreclosing creditor shall have the responsibility to abate any nuisance or correct any violations of the Property Maintenance Code and applicable law in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by the Property Maintenance Code or applicable law.
[Ord. No. 396-2017]
In the event of a violation of the Property Maintenance Code or applicable law, the Township shall serve the creditor with a Notice that shall include a description of the condition(s) that gave rise to the violation and shall provide a period of 30 days, or 10 days if the condition presents an imminent threat to public health and safety as determined by the Construction Code Official, for the creditor to remedy the violation or condition. The creditor must remedy and/or repair the conditions noticed within the specific period.
[Ord. No. 396-2017]
If the Township expends public funds in order to abate a nuisance or correct a violation on a residential property in which the creditor was given notice pursuant to Subsection 16-1.3A.6, but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have had against the title owner of the property including but not limited to the recourse in the Property Maintenance Code an applicable law.
[Ord. No. 396-2017]
The Code Enforcement officer is hereby authorized to enforce this subsection.
[Ord. No. 396-2017]
Any person or corporation shall, upon conviction by any court having jurisdiction of a violation of this Subsection 16-1.3A, be subject to a fine not to exceed $2,500 per day commencing as of the date after the expiration of the ten-day period provided in Subsection 16-1.3A.3b. Any person or corporation upon conviction by any Court of a violation of Subsection 16-1.3A.5 and/or Subsection 16-1.3A.6 shall be subject to a fine not to exceed $1,500 per day, to commence 31 days after receipt of the notice or, if the violation presented an imminent risk to public safety and health and was so noticed, commencing 11 days after receipt of the notice.
[Ord. No. 34-91 § 4]
a. 
All trees and shrubs which present an unsafe condition shall be removed or pruned, as appropriate.
b. 
No trees or shrubs shall interfere with the safe passage of traffic on adjoining public streets.
[Ord. No. 34-91 § 5]
a. 
Any building or structure which is dangerous to life or health or which presents a fire hazard shall be considered a nuisance and shall be subject to the provisions of § 16-2 of this chapter.
b. 
The exterior of every structure shall be maintained in good repair. The exterior of all buildings shall be kept free of broken glass or windows, rotten, missing or substantially destroyed window frames and sashes, doors and door frames and other exterior building components including porches and decks.
c. 
Display windows of all non-residential uses shall be maintained in a neat and orderly condition and shall comply with all requirements of the site plan approval for the site. Such windows shall not be blocked off by plywood, shakes, panels or other materials without Planning Board approval.
[Ord. No. 34-91 § 6; Ord. No. 230-08]
a. 
No trash containers, recycling containers or garbage cans shall be stored in any front yard unless so authorized by the Planning Board as part of its site plan approval.
b. 
Dumpsters shall not be located in any front yard unless so authorized by the Planning Board or as part of an ongoing construction or renovation project.
[Ord. No. 34-91 § 7; Ord. No. 24-92 § 3]
a. 
Except as permitted by Subsection b below, all lots shall be kept free of accumulations of trash, garbage waste, rubbish, refuse, junk or noxious or offensive materials or substances.
b. 
Construction debris shall be removed within 30 days of the completion of a construction project. For long-term construction projects, trash and debris shall be removed on a not less than three month interval during the course of the project.
c. 
The outdoor storage of goods, merchandise, usable lumber, usable building materials and other similar materials (excluding trash, garbage, waste, rubbish, refuse and junk) shall be permitted in all zones subject to the following restrictions:
1. 
No such material shall be stored in any front yard.
2. 
Materials stored pursuant to this section, shall be screened from view from the street and all adjoining properties by appropriate fences, walls or landscapings.
3. 
No such materials may be stored within 10 feet of any property line.
d. 
The outdoor storage of one inoperable vehicle shall be permitted on a lot in any zone subject to the following restrictions:
1. 
It must be screened from view from the street and all adjoining properties by fences, walls or landscaping.
2. 
It may not be stored in any front yard.
3. 
It may not be stored within 10 feet of any property line.
e. 
Except as permitted by Subsection g below, the outdoor storage of junk vehicles is prohibited in all zones.
f. 
The outdoor dismantling, major repair, rebuilding or demolition of one passenger automobile or one boat of not more than 35 feet in length or one major household appliance shall be permitted on a lot in any zone subject to the following restrictions:
1. 
Such activities shall be screened from view from the street and all adjoining properties by fences, walls or landscaping.
2. 
No such activities shall be permitted to take place within 10 feet of any property line.
g. 
The outdoor storage of one recreational vehicle not exceeding 35 feet in length and one boat not exceeding 35 feet in length shall be permitted on a lot in any zone district. No boat or recreational vehicle shall be stored in a front yard or within 10 feet of any property line. The outdoor storage of more than one boat or more than one recreational vehicle or any boat in excess of 35 feet or any recreational vehicle in excess of 35 feet is prohibited in all zone districts.
h. 
The storage of firewood is permitted as long as it is cut and neatly stacked.
This chapter shall not be construed to allow any use or activity that violates Code Subsection 35-5.18 "Prohibited Uses (in all zones)" or any other provisions of the Township Zoning ordinance.
[Ord. No. 34-91 § 8; Ord. No. 6-98 § 3]
a. 
This section shall be enforced by the Township Code Enforcement Officer or any other Township official.
b. 
If any owner, tenant, licensee, agent or other person fails to comply with the requirements of this section or fails to maintain any building or structure in compliance with this section, then, upon conviction such person shall be liable to the penalty stated in Chapter 1, § 1-5. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. In addition, the Township Committee may institute any appropriate action or proceeding to prevent violation of this code or to restrain, correct or abate such violation.
[Ord. No. 34-91; § 11]
Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. However, the adoption of this section shall not prevent or bar the continuation or institution of any proceedings for offenses heretofore committed in violation of any existing ordinances of the Township.
[1967 Code § 23-1]
Any building, wall or structure in the Township which for any cause is or becomes dangerous to life or health or tends to extend a conflagration shall constitute a nuisance.
[1967 Code § 23-2]
It shall be the duty of the Construction Official to report to the Township Committee any such building, wall or structure which, in his opinion, is such a nuisance.
[1967 Code § 23-3]
The Township Committee, upon receipt of such report or upon its own motion, may, after a hearing, upon 10 days' notice to the owner of such building, wall or structure and of the premises on which it stands, determine that such building, wall or structure is a nuisance for one or more of the reasons specified in Subsection 16-2.1 hereof, in which case the Committee may cause notice of the contemplated removal or destruction of such building, wall or structure to be given to the owner of the same and of the premises on which it stands.
[1967 Code § 23-4]
The notices provided for in Subsection 16-2.3 hereof shall be given in the manner provided in Subsection 15 of N.J.S.A. 40:48-1 and the notice of the contemplated removal or destruction of the building, wall or structure provided for in Subsection 16-2.3 hereof shall conform in all respects with the provisions of Subsection 15.
[1967 Code § 23-5]
Proof of service of the latter notice shall be filed as provided in Subsection 15 of N.J.S.A. 40:48-1, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
[1967 Code § 23-6]
If the building, wall or structure is not removed or destroyed by the owner as required by the latter notice, the Township Committee may cause same to be removed or destroyed in such manner and through such agency, by contract or otherwise, as the Committee shall by resolution determine. An accurate account of the cost and expense thereof and a true statement thereof, under oath or affirmation, shall be filed by the Township officer in charge thereof with the Township Clerk. The Township Committee shall examine same and, if it is properly made, shall confirm it and file its report with the Township Clerk, who shall record it in a book to be kept for that purpose. The Clerk shall file a certified copy of the statement and confirmation with the Board of Assessors. The assessment shall be made on notice by the Board of Assessors in the same manner as improvement assessments are made, and upon confirmation thereof by the Township Committee or by the Court, be a municipal lien upon the real estate described in the assessment with the same effect as improvement assessments are liens. Immediately after confirmation of such assessment, a duplicate thereof, duly certified by the Township Clerk, shall be delivered to the Township Tax Collector. The assessment shall be payable immediately upon delivery to such Collector, who shall proceed thereon as in the case of improvement assessments.
[1967 Code § 23-7]
In case the Township Committee shall determine such building, wall or structure to be a nuisance as hereinbefore provided, the Committee may abate the nuisance by serving upon the owner of the building, wall or structure and of the premises on which it stands, a notice served in the manner heretofore provided for the service of notices, requiring the owner to abate the nuisance by removing or destroying the building, wall or structure or by altering or repairing same in a manner specified in the notice within 30 days after the service of the notice, under the penalty provided for in Subsection 16-2.8 hereof.
[1967 Code § 23-8]
Any owner failing to abate such a nuisance pursuant to a notice as provided in Subsection 16-2.7 hereof shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[1967 Code § 23-9]
The Township Committee may pursue either or both of the remedies hereinbefore provided for and may include in one notice the provisions required in the case of each method.
[Ord. 4-23-58; 1967 Code § 54-1]
Any open or unguarded well, cistern, cesspool or seepage pit; any unguarded excavation or hole which, by reason of its location and its depth or the accumulation of surface or drainage water therein or some other similar condition with respect thereto, constitutes a danger to the health, safety and welfare of children or others; any abandoned excavation; and any abandoned icebox or refrigerator, the door of which has not been removed, which are situate in the Township, are hereby declared to be public nuisances.
[Ord. 4-23-58; 1967 Code § 54-3]
The Code Enforcement Official, Sanitary Inspector or Police Chief may serve upon owner, contractor, tenant or lessee, either by mail or by personal service, a written notice to abate such public nuisance within five days after service of notice upon him. Any such person who fails to abate the public nuisance within the five days mentioned in the notice upon him shall for each and every violation be subject to the penalty stated in Chapter 1, § 1-5.
[Ord. 4-23-58; 1967 Code § 54-4]
When any such person violating any of the provisions of this section fails or refuses to abate any of the aforesaid nuisances after receiving notice to do so, the Township Committee may cause such nuisance or nuisances to be abated and the reasonable cost of such abatement shall be made a lien on the lands on which such nuisance or nuisances shall have existed, and shall be assessed against such lands and collected, with legal interest thereon, in the same manner as local municipal improvement assessments.
[Ord. No. 6-94 § 1]
It shall be unlawful for the owner or tenant of any lands lying within the limits of the Township to permit an accumulation of filth, garbage, trash, debris, tree stumps or other similar materials which are detrimental to the public health, safety or general welfare, or constitute a fire hazard.
[Ord. No. 6-94 § 1]
a. 
The Township Committee upon receipt of an allegation of a violation of Subsection 16-4.1 from any Township official or inspector may schedule a hearing thereon and shall give the owner or tenant not less than five days' notice thereof.
b. 
At the hearing, the Township Committee may make a determination that a condition in violation of Subsection 16-4.1 is found to exist, and may thereafter require that a ten-day notice to remove the condition be served upon the owner or tenant pursuant to the provisions of N.J.S.A. 40:48-2.13.
[Ord. No. 6-94 § 1]
Proof of service of the ten-day notice provided for in Subsection 16-4.2b shall be filed with the Township Clerk. Failure to file the proof of service shall not invalidate any subsequent proceedings if service has actually been made.
[Ord. No. 6-94 § 1]
In the event that the owner or tenant fails to correct the condition and abate the violation in the manner and within the time provided for in the notice, the Township Committee shall require that the condition be corrected under the direction of the Code Enforcement Officer, the Construction Official or the Director of Public Works, as appropriate.
[Ord. No. 6-94 § 1]
In the event that the condition is corrected under the direction of a Township officer as provided in Subsection 16-4.4 hereof, the Township Administrator shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon, or so much of said cost as may be reasonable, to be charged against said lands.
[Ord. No. 6-94 § 1]
The amount charged pursuant to Subsection 16-4.5 hereof and certified to the Tax Collector, shall become a lien upon such lands and shall be added to, 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. 6-94 § 1]
Any owner or tenant failing to abate a violation or to remove a condition in violation of Subsection 16-4.1 upon receipt of the notice required by Subsection 16-4.2, and in the manner and within the time set forth in said notice, shall upon conviction thereof be liable to the general penalties set forth in § 1-5 of this Code.
[Ord. No. 6-94 § 1]
The Township Committee may pursue either or both of the remedies hereinbefore provided for. The removal of a condition or the abatement of a violation by the Township and the assessment of costs against the land shall not preclude a conviction in the municipal court for a violation of this section.
[Ord. No. 7-98 § 1]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the State Housing Code set forth at N.J.A.C. 5:28 is hereby adopted by reference.
[Ord. No. 7-98 § 1]
a. 
This section shall be enforced by the Township Code Enforcement Officer or any other Township Official.
b. 
If any owner, tenant, licensee, agent or other person fails to comply with the requirements of this section or fails to maintain any building or structure in compliance with this section, then, upon conviction such person shall be liable to the penalty stated in Chapter 1, § 1-5. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. In addition, the Township Committee may institute any appropriate action or proceeding to prevent violation of this code or to restrain, correct or abate such violation.
[Ord. No. 174-05 § 1; Ord. No. 251-09 § 1]
The Township Committee is designated as the officer to exercise the powers prescribed by this section.
[Ord. No. 174-05 § 1; Ord. No. 251-09 § 1]
Whenever a petition is filed with the Township Clerk by a public authority or by at least five residents of the Township charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the Township Committee (on its own motion) that any building is unfit for human habitation or occupancy or use, the Township Committee shall, if its 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 Township Committee (or its designated agent) at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the Township Committee.
a. 
That if, after such notice and hearing, the Township Committee determines that the building under consideration is unfit for human habitation or occupancy or use, it shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
1. 
Requiring the repair, alteration or improvement of the said 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 said building vacated and closed within the time set forth in the order; and
2. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.
b. 
That, 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 Township Committee may cause such building to be repaired, altered or improved, or to be vacated and closed; that the Township Committee 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 occupation of this building is prohibited and unlawful."
c. 
That, if the owner fails to comply with an order to remove or demolish the building, the Township Committee 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.
d. 
That the amount of:
1. 
The cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this act determined in favor of the Township; and
2. 
Such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Township Committee, it 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 sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the Township Committee, shall be secured in such manner as may be directed by such Court, and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
[Ord. No. 174-05 § 1; Ord. No. 251-09 § 1]
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the Township Committee 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.
[Ord. No. 174-05 § 1; Ord. No. 251-09 § 1]
Nothing in this section shall be construed to impair or limit in any way the power of the Township to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this act intended to limit the authority of the enforcing agency or Construction Official under the "State Uniform Construction Code Act," P.L. 1975, c.217 (C. 52:27D-119 et seq.) or any rules or regulations adopted thereunder.
[Ord. No. 425-2018]
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.
OWNER
Means the titleholder, any agent of the titleholder having authority to act with respect to the vacant property, or any other entity determined by the Township of Long Hill to act with respect to the property.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
Means residential real estate, where a notice of violation has been issued pursuant to the Township Property Maintenance Code (Township Code Chapter 16) or property with other conditions such as those set forth below which would lead a reasonable person to believe that the property is or has been vacant for three or more months.
Such evidence would include, but is not limited to, evidence of the existence of two or more of the following conditions at the property:
(a) 
Over grown 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. 425-2018]
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, or the Owner of a Vacant and Abandoned property, shall within 30 calendar days after the building becomes Vacant and Abandoned or within 30 calendar days after assuming ownership of the Vacant and Abandoned property, whichever is later; or within 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 municipal clerk on forms provided by the Township for such purposes. Any failure to receive notice from the Township 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 Township 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 or the Owner 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 Owner of the Vacant or Abandoned property or the firm's individual principal(s) responsible for maintaining the Abandoned and Vacant property. The Owner or 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. In the case of a Creditor, 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 Owner of the property or 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 c above 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 Owner of the property or 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 Township against the Creditor.
[Ord. No. 425-2018]
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 $750 and the fee for all subsequent annual renewals shall be $1,000.
[Ord. No. 425-2018]
a. 
Any person who violates any provision of this section shall be liable, upon conviction, to the penalties set forth in § 1-5 of this Code.
b. 
Upon conviction for violation of any of the provisions of this section, each and every day thereafter that the violation continues shall be deemed and constitute a separate and distinct offense hereunder.
[Ord. No. 8-98 § 1[1]]
[1]
Editor's Note: This section, formerly § LU-107, was redesignated 4-8-2020 by Ord. No. 456-20.
a. 
Every contractor, developer and owner shall at all times keep all development and construction sites free from the accumulation of all refuse, rubbish, scrap materials and debris.
b. 
At the completion of the construction or development, the developer and all contractors shall remove all of their tools, construction equipment, machinery, and construction and related materials from the site.
c. 
The contractor's, developer's and owner's final clean-up responsibilities shall also include removal of all debris and rubbish resulting from or relating to the development or construction.
d. 
Should any developer, contractor or owner not promptly and properly clean up the site, the Township shall have the right to clean up the site and charge the cost thereof to the developer's cash performance guarantee.
Use of trailers in any zone in connection with site construction or development shall be permitted subject to the following restrictions and regulations:
a. 
Trailers may be used as field offices at developments which received major subdivision or major site plan approval.
b. 
Trailers may be used as storage facilities at any construction site.
c. 
No trailer shall be moved onto a construction site until 30 days prior to the date upon which site or development work actually commences. All trailers shall be removed from the site within 30 days after issuance of the final certificate of occupancy.
d. 
The Township Engineer or Construction Official may impose reasonable conditions relating to location, parking, access and aesthetics with respect to trailers.
e. 
No trailer may remain for more than six months at any construction site that did not involve subdivision or site plan approval. This period may only be extended by the Township Committee for good cause.
f. 
All trailers at construction sites shall be kept clean and in good repair.
g. 
All areas surrounding construction site trailers shall be kept clean and free from garbage, rubbish, overgrown weeds and hazards to safety.