[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.
EXPOSED TO PUBLIC VIEW
INOPERABLE VEHICLE
JUNK VEHICLE
LOT
PROPERTY
Definitions. As used in this section:
Shall mean visible from any street or neighboring property.
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.
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.
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).
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.
[Amended in entirety 12-28-2022 by Ord. No. 506-22. Prior history includes Ord. No. 396-2017.]
[Amended 12-28-2022 by Ord. No. 506-22]
a.
A creditor filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the Township pursuant to N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2, register the residential or commercial property with the Township's property registration program as a property in foreclosure and, as part of that registration: (1) provide the Township with the information regarding the creditor required by N.J.S.A. 46:10B-51) or N.J.S.A. 40:48-2.12s2; (2) 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; and (3) identify whether the property is vacant and abandoned in accordance with the definition in the ordinance required by Subsection 16-1.3A.3.
b.
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information;
c.
The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned in accordance with the definition in the ordinance required by Subsection 16-1.3A.3 after the property is initially registered with the Township, update the property registration with the Township to reflect the change in the property's status;
[Amended 12-28-2022 by Ord. No. 506-22]
a.
The creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property in compliance with the applicable
Township property maintenance codes if the property is vacant and
abandoned at any time while the property is registered with the property
registration program;
b.
A creditor located out-of-State shall be responsible for appointing
an in-State representative or agent to act for the foreclosing creditor;
c.
A creditor filing a summons and complaint in an action to foreclose
on a property, that is or becomes vacant and abandoned, shall secure
the property against unauthorized entry, 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, or acquire and otherwise maintain liability insurance
by procuring a vacancy policy, covering any damage to any person or
any property caused by any physical condition of the property while
registered with the property registration program;
[Amended 12-28-2022 by Ord. No. 506-22]
a.
Property shall be considered Vacant and Abandoned if it is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, because of the presence or finding
of at least two of the following:
1.
Overgrown or neglected vegetation;
2.
The accumulation of newspapers, circulars, flyers, or mail on the
property;
3.
Disconnected gas, electric, or water utility services to the property;
4.
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
5.
The accumulation of junk, litter, trash, or debris on the property;
6.
The absence of window treatments such as blinds, curtains, or shutters;
7.
The absence of furnishings and personal items;
8.
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
9.
Windows or entrances to the property that are boarded up or closed
off, or multiple window panes that are damaged, broken, and unrepaired;
10.
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
11.
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
12.
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;
13.
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;
14.
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
15.
Any other reasonable indicia of abandonment.
[Amended 12-28-2022 by Ord. No. 506-22]
a.
A creditor required to register a property pursuant to this section
shall pay a registration fee of $500 per property annually on or before
February 1 of each calendar year for any property that is required
to be registered because a summons and complaint in an action to foreclose
was filed by the creditor; and
b.
An additional $2,000 per property annually if the property is vacant
or abandoned as defined in Subsection 16-1.3A-3 above when the summons
and complaint in an action to foreclose is filed, or becomes vacant
and abandoned as defined in Subsection 16-1.3A-3 above at any time
thereafter while the property is in foreclosure.
[Amended 12-28-2022 by Ord. No. 506-22]
a.
If the owner of a commercial property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a commercial
property becomes vacant at any point subsequent to the creditor's
filing the summons and complaint in an action to foreclose on a mortgage
against the subject property, but prior to vesting of title in the
creditor or any other third party, and the exterior of the property
is found to be a nuisance or in violation of any applicable State
or local code, the local public officer, municipal clerk, or other
authorized municipal official shall notify the creditor or the representative
or agent of an out-of-State creditor, as applicable, which shall have
the responsibility to abate the nuisance or correct the violation
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
State law or Township ordinance. The enforcement officer shall include
a description of the conditions that gave rise to the violation with
the notice of violation and shall provide a period of not less than
30 days from the creditor's receipt of the notice for the creditor
to remedy the violation. If the creditor fails to remedy the violation
within that time period, the Township may impose penalties allowed
for the violation of municipal ordinances.
b.
If the Township expends public funds in order to abate a nuisance
or correct a violation on a commercial property in situations in which
the creditor was given notice pursuant to the provisions of paragraph
a. but failed to abate the nuisance or correct the violation as directed,
the municipality shall have the same recourse against the creditor
as it would have against the title owner of the property, including
but not limited to, the recourse provided under N.J.S.A. 55:19-100.
[Amended 12-28-2022 by Ord. No. 506-22]
a.
The Township Code Enforcement officer or any other local official
responsible for administration of any property maintenance or public
nuisance code shall issue a notice to the creditor filing the summons
and complaint in an action to foreclose, if the public officer or
other authorized municipal official determines that the creditor has
violated this section. In the case of a violation for failure to provide
care, maintenance, security, and upkeep of the exterior of vacant
and abandoned 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.
b.
An out-of-State creditor subject to this section adopted pursuant to subsection a. found by the Municipal Court 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 or N.J.S.A. 40:48-2.12s2 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 found by the Municipal Court or
by any other court of competent jurisdiction, to be in violation,
excluding only a violation addressed by paragraph a, of the ordinance
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 of violation, 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.
d.
No less than 20% of any money collected pursuant to this subsection
or an ordinance adopted pursuant to this section shall be utilized
by the Township for municipal code enforcement purposes.
[Amended 12-28-2022 by Ord. No. 506-22]
As used in this section:
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.
[Amended 12-28-2022 by Ord. No. 506-22]
The Code Enforcement Officer is hereby authorized to enforce
this section.
[Ord. No. 34-91 § 4]
[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:
d.
The outdoor storage of one inoperable vehicle shall be permitted
on a lot in any zone subject to the following restrictions:
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:
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]
[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]
[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]
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.
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.
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:
Over grown 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.
[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.
[Added 10-27-2021 by Ord.
No. 480-21]
The purpose of this section is to protect and promote the public
health through the control of the growth of running bamboo-type species.
[Added 10-27-2021 by Ord.
No. 480-21]
As used in this section, the following terms shall have the
meanings indicated:
Any bamboo in the genus Phyllostachys, including Phyllostachys
aureosulchea or any monopodial bamboo.
[Added 10-27-2021 by Ord.
No. 480-21]
No owner, tenant, or occupant of any property or person, corporation
or other entity, shall plant, install, or cause or permit the planting
or installation of any running bamboo upon any property located within
the Township of Long Hill.
[Added 10-27-2021 by Ord.
No. 480-21]
All persons must control the growth of existing running bamboo.
Failure to control the spread of such vegetation beyond the boundaries
of a resident's property is a violation of this section. In the event
any running bamboo is located upon any property within the Township
of Long Hill prior to the effective date of this prohibition, the
owner and occupant of said property shall jointly and severally be
required to confine such species to prevent the encroachment, spread,
invasion or intrusion of same onto any other private or public property
or public right-of-way. In lieu of confining the species, the property
owner or occupant may elect to totally remove the running bamboo from
the property, and all affected properties. Failure to properly confine
such running bamboo shall require removal as set forth below. The
cost of said removal shall be at the property owner's expense.
[Added 10-27-2021 by Ord.
No. 480-21]
All places and premises in the Township of Long Hill shall be
subject to inspection by the Township Code Enforcement Officer or
his or her designee. An inspection shall only be made if that official
has received a written complaint from a neighboring property owner
asserting that the provisions of this section have been violated.
[Added 10-27-2021 by Ord.
No. 480-21]
a.
In the event running bamboo is present on and after the date of adoption
of this section and a complaint is received by the Township regarding
an encroachment of any running bamboo, and the Code Enforcement Officer
of the Township or his or her designee, after observation and/or inspection,
determines that there is an encroachment or invasion on any adjoining/neighboring
private or public property or public right-of-way (hereinafter "the
affected property"), the Township shall serve notice to the running
bamboo property owner, in writing, that the running bamboo has invaded
other private or public property(ies) or public right(s)-of-way and
demand the removal of the running bamboo from the affected property
and demand approved confinement against future encroachment or, in
the alternative, the total removal from the property owner's property.
Notice shall be provided to the running bamboo property owner, as
well as to the owner of the affected property, by certified, return-receipt-requested
mail and regular mail. Within 30 days of receipt of such notice, the
running bamboo property owner shall submit to the Code Enforcement
Officer of the Township or his or her designee, with a copy to the
owner of the affected property, a plan for the removal of the running
bamboo from the affected property, which plan shall include restoration
of the affected property after removal. Within 90 days of receipt
of the Code Enforcement Officer's approval of the plan of removal
and restoration, the removal and restoration shall be completed to
the satisfaction of the Code Enforcement Officer.
b.
The cost of abatement and/or removal shall be borne by the running
bamboo property owner.
c.
If the running bamboo property owner fails to comply with such notice
within the time specified therein, the enforcing official may remove
or otherwise control the running bamboo species and the Township may
thereafter recover the cost of such removal from the property owner
and place a lien on the subject real property for purposes of recovering
the cost of the running bamboo removal.
[Added 10-27-2021 by Ord.
No. 480-21]
a.
Any person violating any subsection of this section shall, upon conviction thereof, be liable to the penalties set forth in § 1-5 of this Code. Each and every day a violation of this section shall exist shall constitute a separate violation. In addition, the Code Enforcement Officer or his or her designee may request and the Municipal Court may grant a specific performance remedy.
b.
Nothing herein shall be interpreted as limiting the rights of a private
property owner to seek civil relief through a court of proper jurisdiction,
nor the institution of civil proceedings against the proper parties.
[Added 3-8-2023 by Ord.
No. 511-23; amended 4-12-2023 by Ord. No. 513-23]
a.
In accordance with the requirements of N.J.S.A. 52:27D-437.16, which
is incorporated herein by reference, every single-family, two-family
and multiple-rental dwelling located within Township of Long Hill
that was constructed prior to 1978 shall be inspected by the Township
Code Enforcement Officer for lead-based paint hazards within two years
of the effective date of N.J.S.A. 52:27D-437.16, or upon tenant turnover,
whichever is sooner.
b.
Thereafter, all such units shall be inspected for lead-based paint
hazards the earlier of every three years or upon tenant turnover,
except that an inspection upon tenant turnover shall not be required
if the owner has a valid lead-based certification pursuant to N.J.S.A.
52:27D-437.16.
c.
The lead evaluation contractor hired by the Township shall inspect
all properties subject to this section for lead-based paint hazards
through dust wipe sampling.
[Added 3-8-2023 by Ord.
No. 511-23; Amended 4-12-2023 by Ord. No. 513-23]
The fees for a lead-based paint inspection shall be established
by the Township Committee by resolution and shall be payable at the
time of the application for a lead-safe certification. All fees collected
shall be dedicated to meeting the cost of implementing and enforcing
inspections and shall not be used for any other purpose. In addition,
there shall be an additional fee of $20 per unit inspected, that shall
be deposited into the Lead Hazard Control Assistance Fund established
pursuant to N.J.S.A. 52:27D-437.4, unless the Department of Community
Affairs has already assessed an additional inspection fee of $20 pursuant
to the provisions of N.J.S.A. 52:27D-437.10. In a common interest
community, any inspection fee charged pursuant to this subsection
shall be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
