[Ord. #1977-8, § 1; Ord. #1996-11]
There is hereby established in the Township of Tabernacle a
State Uniform Construction Code/Enforcing Agency to be known as The
Construction Code Enforcement Agency, consisting of a Construction
Official, Building Subcode Official, Plumbing Subcode Official, Electrical
Subcode Official, Fire Protection Subcode Official, and such other
subcode officials for such additional subcodes as the Commissioner
of the Department of Community Affairs, State of New Jersey, shall
hereafter adopt as part of the State Uniform Construction Code. The
Construction Official shall be the Chief Administrator of the enforcing
agency. The Fire Protection Subcode Official shall be appointed by
the Township Committee from those persons recommended by the Fire
Chief; all others shall be appointed by the Township Committee.
[Ord. #1977-8, § 2; Ord. #1978-5, § 1]
a.
Each official position created in subsection 9-1.1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C.217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C.217 and N.J.A.C. 5:23 to hold each such position.
b.
The public shall have the right to do business with the enforcing
agency at one office location except for emergencies, and unforeseen
or unavoidable circumstances.
c.
The Construction Board of Appeals for the Township of Tabernacle
shall be the Board of Appeals established by the County of Burlington.
[Ord. #1977-8, § 3; Ord. #1978-5, § 2;
Ord. #1984-12, § 1; Ord. #1996-11, § 1A; Ord.
#2002-8, § 1]
a.
The following general provisions for the Construction Offices in
determining the estimated cost, an applicant shall include cost data
by a recognized estimating firm, contractor or bona-fide contractor's
bid, is hereby amended as established in Schedule E.[1]
[1]
Editor's Note: Schedule E, referred to herein, may be
found in Appendix A, Fee Schedule.
b.
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Township Committee bi-annually, a report
recommending a fee schedule based on the operating expenses of the
agency, and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
c.
In order to provide for the training, certification, and technical
support programs required by the Uniform Construction Code Act and
The Regulations, the enforcing agency shall collect in addition to
the fees specified above, a surcharge fee of $.0006 per cubic foot
of volume of new construction. Said surcharge fee shall be remitted
to the Bureau of Housing Inspection, Department of Community Affairs,
on a quarterly basis for the fiscal quarter ending September 30, December
31, March 31, and June 30, and not later than one month next succeeding
the end of the quarter for which it is due.
The enforcing agency shall report annually at the end of each
fiscal year to the Bureau of Housing Inspection, and not later than
July 31, the total amount of the surcharge fee collected in the fiscal
year.
d.
In the event that any inspection and/or plan review services are
performed by a private agency rather than an appointed individual,
the fees to be charged for the inspection and plan review services
by the private agency shall be identical to those adopted and charged
by the Department of Community Affairs when it serves as a local enforcement
agency pursuant to Section 10 of P.L. 1975 c. 217 rather than those
set forth above in paragraph a.
[Ord. #1977-8, § 4]
The following fire limits are established pursuant to N.J.A.C.
5:23.
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FIRE DISTRICT NO. 1
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All of the District zoned commercial fronting on New Jersey
State Highway Route 206 and as depicted on the Township Zoning Map.
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OUTSIDE FIRE DISTRICT
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All other areas of the Township, not included in Fire District
No. 1 shall be designated "Outside Fire Limits."
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The Construction Official shall prepare and submit to the Township
Committee bi-annually, a report re-evaluating the delineation of the
fire limits. This report shall indicate the recommendations of the
Construction Official, the Building Subcode Official, and the Fire
Subcode Official regarding those areas which should be designated
as within fire limits, with the reasons therefor.
[Ord. #21, § 1]
As used in this section:
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the Township,
County or State relating to health, fire, building regulations, or
to other activities concerning dwellings in the Township.
Shall mean the holder of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a dwelling and any who are in possession
thereof.
Shall mean any building or structure, or part thereof, used
and occupied for human habitation or intended to be so used, and includes
any outhouses, and appurtenances belonging thereto or usually enjoyed
therewith.
[Ord. #21, § 2; Ord. #1977-11, § 1]
The Burlington County Health Department, acting through its
officers, agents and employees, be and is hereby designated and appointed
to exercise the powers prescribed by this ordinance and is hereinafter
called the "Public Officer."
[Ord. #21, § 3]
Any dwelling within the Township of Tabernacle is hereby declared
to be unfit for human habitation if conditions exist in such dwelling
which are dangerous or injurious to the health or safety of the occupants
of such dwelling, the occupants of neighboring dwellings or other
residents of the Township including, without limiting the generality
of foregoing, defects therein increasing the hazards of fire, accident
or other calamities, lack of adequate ventilation, light or sanitary
facilities, dilapidation; disrepair, structural defects; uncleanliness
or failure to conform to other laws of the State of New Jersey ordinances
of this Township or of the local Board of Health of this Township
regulating the safety and sanitation of dwellings.
[Ord. #1976-3, §§ 1—6; Ord. No. 1998-9]
a.
Pursuant to the provision of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1) the "New Jersey State Housing Code" as approved by the Departments of Health and Environmental Protection and filed in the Secretary of State's Office is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the "New Jersey State Housing Code" so marked as to indicate plainly what portions thereof are intended to be adopted, and three copies of same, similarly marked, have been placed on file in the Office of the Township Clerk and are available to all persons desiring to use and examine the same.
b.
Portions of Code Not Adopted.
1.
Sections 6.1 and 10.5 in their entirety.
2.
The portion of Section 8.1 reading: "located therein to a temperature
of at least 70 degrees Fahrenheit when the outside temperature is
zero degrees Fahrenheit. The temperature shall be read at a height
of three feet above the floor level at the center of the room"
3.
The portion of Section 10.1 reading: "and any exterior part or parts
thereof subject to corrosion or deterioration shall be kept well painted."
4.
The last two sentences of Section 10.7.
5.
(1)
The portion of Section 12.14 reading: "to maintain therein a
minimum inside temperature of 70 degrees Fahrenheit in all habitable
rooms, bathrooms, and water closet compartments between the hours
of 6:00 a.m. and 11:00 p.m. throughout the year."
(2)
The words "heat" and "adequate" immediately preceding the quoted
portion are transposed so as to read "adequate heat" and are adopted.
c.
Section 6.2 is adopted with the insertion of the phrase "where possible"
at the end of the section and substitution of a comma for the present
terminal period.
d.
Section 6.3 is adopted with the insertion of the phrase "where electric
service is available," inserted preceding the first word of the section
and the reduction of the initial letter of the word to lowercase instead
of capital.
e.
Said Ordinance is further amended and supplemented by adding thereto
the following sections:
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"SECTION 12e. Whenever the Building Inspector finds that an
emergency exists which requires immediate action to protect the public
health or safety he may, without notice or hearing, issue an order
reciting the existence of such an emergency and requiring that such
action be taken as he deems necessary to meet the emergency. Not withstanding
the other provisions of this ordinance, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Building Inspector
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his findings as to whether the provisions of this ordinance
have been complied with, the Building Inspector shall continue such
order in effect, or modify it, or revoke it."
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"SECTION 12A. No person shall occupy as owner occupant or rent
to another for occupancy any dwelling or dwelling unit for the purpose
of living therein which does not conform to the provisions of the
"New Jersey State Housing Code" established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation."
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"SECTION 12B. No person shall violate any provisions of the
"New Jersey State Housing Code" hereby adopted."
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"SECTION 12C. Service of any notice, order or other document
pursuant to the provisions of this ordinance may be served personally
or by certified mail return-receipt requested. In the case of the
owner such notice shall be mailed to the owner's address, if
known, otherwise to the owner's address as shown on the tax records
of the municipality and, in the case of the tenant to the premises.
In the event either cannot be found and the address is unknown then
the notice may be mailed to the last known address, if any, affixed
to the building mentioned in the notice and a digest of the notice
published in the official newspaper of the Township. Service may be
made in any other manner provided for service of process by the laws
or rules of Court of the State of New Jersey."
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f.
Section 16 of said ordinance is amended to read as follows:
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"SECTION 16. Any person or persons, firm or corporation or association violating this ordinance or any of the provisions thereof or any of the provisions of the "New Jersey State Housing Code," adopted by this ordinance, or any notice or order of the Building Inspector issued subject to the provisions hereof, shall, upon conviction thereof for each day that such violation continues be subject to a fine as stated in Chapter 1, Section 1-5."
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[Ord. #1977-8, § 4; Ord. No. 1998-9]
Whenever a petition is filed with the Township Committee by
a public authority or by not less than five residents of the Township,
charging that any dwelling located therein is unfit for human habitation,
or whenever it appears to the Township Committee, from their own investigation,
that any dwelling is unfit for human habitation, the Township Committee
shall make a preliminary investigation of the charges if the basis
of their action is a petition and if their preliminary investigation
of the charges discloses a basis therefor or if their own investigation
furnishes such a basis to them, issue and cause to be served upon
the owner of and parties in interest in such dwelling a complaint,
stating the charges in that respect and containing a notice that a
hearing will be held before the Township Committee at a place therein
fixed not less than 10 days nor more than 30 days after the serving
of the complaint.
[Ord. #1977-8, § 5]
The owner and parties in interest shall have the right to file
an answer to the complaint and to appear in person or by attorney
and give testimony at the place and time fixed in said notice of hearing.
[Ord. #1977-8, § 6; Ord. No. 1998-9]
The rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Township Committee.
[Ord. #1977-8, § 7; Ord. No. 1998-9]
At the time and place stated in the notice or at such time and
place to which the hearing shall be adjourned, the Township Committee
shall hold a hearing at which complainants, if any, and the owner
and parties in interest and witnesses shall be heard and at which
the Township Committee shall publicly state the results of their investigation.
[Ord. #1977-8, § 8; Ord. No. 1998-9]
If after such notice and hearing the Township Committee determines
that the dwelling under consideration is unfit for human habitation,
they shall state in writing their determination and findings of fact
in support thereof and shall issue or cause to be served upon the
owner thereof and parties in interest an order:
a.
If the repair, alteration or improvement of the dwelling can be made
at a reasonable cost in relation to the value of the dwelling, requiring
the owner (to the extent and within the time specified in the order)
to repair, alter or improve the said dwelling to render it fit for
human habitation or, at the option of the owner, to vacate and close
the dwelling as a human habitation; or,
b.
If the repair, alteration or improvement of the dwelling cannot be
made at a reasonable cost in relation to the value of the dwelling
requiring the owner (within the time specified in the order) to remove
or demolish such dwelling.
[Ord. #21, § 9; Ord. No. 1998-9]
If the owner fails to comply with an order so issued by the
Township Committee to repair, alter or improve, or, at the option
of the owner to vacate and close the dwelling, the Township Committee
may cause such dwelling to be repaired, altered or improved, or to
be vacated and closed; the Township Committee may cause to be posted
on the main entrance of any dwelling so closed a placard with the
following words: "This building is unfit for human habitation; the
use or occupation of this building for human habitation is prohibited
and unlawful."
[Ord. #21, § 10; Ord. No. 1998-9]
If the owner fails to comply with an order to remove or demolish
the dwelling, the Township Committee may cause such dwelling to be
removed or demolished.
[Ord. #21, § 11; Ord. No. 1998-9]
The amount of such cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition shall be a municipal
lien against the real property upon which such cost was incurred.
If the dwelling is removed or demolished by the Township Committee,
the Committee shall sell the materials of such dwelling and shall
credit the proceeds of such sale against the cost of the removal or
demolition and any balance remaining shall be deposited in the Chancery
Division of the Superior Court by the Township Committee, shall be
secured in such manner as may be directed by such court, and shall
be disbursed by such court to the persons found to be entitled thereto
by final order of judgment of such court.
[Ord. #27, § 8; Ord. No. 1998-9]
In addition to the powers in this section granted to the Township
Committee, the Committee shall also have the following powers:
a.
To investigate the dwelling conditions in the Township in order to
determine which dwellings therein are unfit for human habitations:
b.
To administer oaths. affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations; provided,
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as they deem necessary to carry out the purposes of the section.
[Ord. #21, § 12]
e.
If the repair, alteration or improvement of the said dwelling cannot
be made at a reasonable cost in relation to the value of the dwelling
requiring the owner (within the time specified in the order) to remove
or demolish such dwelling.
[Ord. #21, § 13]
Nothing in this section shall be construed to impair or limit
in any way the power of this Township to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise.
[Ord. #21, § 14; Ord. No. 1998-9]
The failure, neglect or refusal of any person to comply with
any order made by the Township Committee pursuant to the provisions
hereof or the hindrance by any person of the Township Committee in
making any investigation under this section shall constitute a violation
of this section.
[Ord. #21, § 15]
This section is adopted pursuant to the provisions of Chapter
112 of the Laws of 1942 of the State of New Jersey (R.S. 40:48-2.3
to R.D. 40:48-2.12, as amended and supplemented) and after the adoption
by the Township Committee of said Township of a resolution, finding
that there are dwellings in this Township unfit for human habitation,
due to dilapidation, defects increasing the hazards of fire, accidents
or other calamities, lack of ventilation, light or sanitary facilities,
and other conditions rendering such dwellings unsafe or insanitary,
or dangerous or detrimental to the health or safety and otherwise
inimical to the welfare of the residents of this Township.
[Ord. #21, § 16]
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance No. 1984-7.
[Ord. #1993-96, § 1]
As used in this section the words or phrases shall have the
meaning indicated unless otherwise required by the context:
Shall mean any street, road, highway, alleyway or avenue
for the passage of motor vehicles and pedestrians, whether paved or
unpaved, identified on the official tax map of the Township of Tabernacle
and located within the Township borders.
Shall mean and include all houses, dwellings, stores, business
places and other buildings which front on any street in the Township.
[Ord. #1993-6, § 2]
The Township Committee or its delegate shall be authorized to
name or change the name of streets within the Township and provide
for the erection thereon of signs showing the names thereof and guideposts
for travelers at the expense of the Township and shall provide for
the identification of said streets on the official tax map of the
Township. The names of the streets of the Township shall be as presently
shown on the tax map except for the following name changes which shall
be made thereon.[1]
Any further street name changes may be made by the Township
Committee by a resolution duly adopted setting forth such changes
and authorizing the amendment of the tax map to reflect them.
[1]
Editor's Note: The name changes referred to herein may
be found on file in the office of the Township Clerk attached to Ordinance
No. 1993-6.
[Ord. #1993-6, § 3]
a.
The Township Committee or its delegate shall plot on the tax map
of the Township all the properties which now or hereafter front on
any street and shall designate and assign a number therefor.
b.
1.
Address Requirements. The Township Committee or its delegate shall
designate and assign an official address for all buildings which now
or hereafter front on any street. The Township Committee or its delegate
shall send each building owner or occupant a notice of the official
address, which notice shall appear in substantially the following
form:
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YOUR OFFICIAL ADDRESS IS:
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If mail delivery is made to the property location:
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Resident or Business Name
#### Street Name
Tabernacle, NJ 08088
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If mail is received at a post office (P.O. Box):
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Resident or Business Name
#### Street Name, Tabernacle
P.O. Box ###
Post Office Name, NJ 08ZIP-CODE
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The owner or occupant shall utilize such official address at
all times.
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2.
House Numbering Requirements. The owner or occupant of any building
for which an official number is designated shall be required at his
own expense to place the official number on the structure or a post
so that it is clearly visible from the street on which the building
fronts.
If the official number cannot be displayed on the structure
or a post so as to be clearly visible from the street, it shall be
displayed at the end of the driveway to the building so that it is
clearly visible from the street on which the building fronts.
Figures at least three (3") inches high shall be used to display
the official number and all numbers shall be lighted or reflective.
Any person, firm or corporation failing to so number any building
occupied by him, or if after receiving notice to do so from the Township
Clerk shall continue in his failure to so number such building shall
be fined one ($1.00) dollar for each day during or on which a failure
to so number continues.
3.
Mailbox Numbering Requirements. Buildings with rural mailboxes shall
have the official number displayed on both sides of the mailbox.
The official number shall also be posted at the end of the driveway
to the building so that it is clearly visible from the street.
Buildings with mailboxes clustered with others or on a street
other than that on which the building fronts shall have the official
street address displayed in one (1") inch lettering on the front door
of the mailbox.
c.
Upon any subdivision of land in the Township resulting in new streets
and in lots other than those delineated on the tax map, the Township
Committee or its delegate shall assign a name to each new street and
a new number to each lot resulting from the subdivision which shall
be in proper numerical sequence in relation to the numbers assigned
to other lots fronting on the same street.
[Ord. #1987-4, § 1; Ord. #1992-2, § 1]
It shall be unlawful for any property owner in the Township
of Tabernacle to sell, rent, lease and/or transfer title to any real
property containing a residential building, unit or structure thereon
without said structure or building containing the requisite number
of smoke and fire detectors as required under applicable State Building
and Fire Codes.
[Ord. #1987-4, § 2]
The Township of Tabernacle shall charge a reasonable inspection
and certification fee in accordance with the time, efforts and costs
involved in completing said inspection and in issuing said certification.
The fee to be charged for this service shall be established annually
by resolution by the Township Committee.
[Ord. #1987-4, § 3; Ord. No. 1998-9]
The Construction Code Official is empowered to administer and
enforce the requirements of this section.
[Ord. #1987-4, § 4; Ord. No. 1998-9]
[Ord. #2003-6; Ord. #2005-4]
This section shall be known as the "Property Maintenance Code
of the Township of Tabernacle" and may be referred to in this section
as this "code".
[Ord. #2003-6; Ord. #2005-4]
a.
Findings. It is hereby found and declared that there exists in the
Township of Tabernacle structures used for residential and nonresidential
use which are, or may become in the future, substandard with respect
to structure, equipment or maintenance or further that such conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior of premises, infestation, lack of maintenance
or unkeep of essential utilities and facilities, existence of fire
hazards and unsanitary conditions, constitute a menace to the health,
safety, welfare and reasonable comforts of the citizens and residents
of the Township of Tabernacle. It is further found and declared that,
by reason of lack of maintenance and progressive deterioration, certain
properties have the further effect of creating blighting conditions,
and that, if the same are not curtailed and removed, the conditions
will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same,
and that, by reason of timely regulations and restrictions as herein
contained, the growth of blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of residential and nonresidential uses and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
b.
Purpose. The purpose of this code is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance and condition of residential and nonresidential
premises; to establish minimum standards governing utilities, facilities
and other physical components and conditions essential to make the
aforesaid facilities fit for human habitation, occupancy and use;
to fix certain responsibilities and duties upon owners and operators
and distinct and separate responsibilities and duties upon occupants;
to authorize and establish procedures for the inspection of residential
and nonresidential premises; to fix the penalties for the violations
of this code; and to provide for the repair, maintenance and abatement
of nuisances on premises by the Township of Tabernacle. This code
is hereby declared to be remedial and essential for the public interest,
and it is intended that this code be liberally construed to effectuate
the purposes as stated herein.
[Ord. #2003-6; Ord. #2005-4]
a.
Whenever the words "accessory structure," "building," "dwelling,"
"premises," or "structure" are used in this code, they shall be construed,
unless expressly stated to the contrary, to include the plurals of
these words and as if they were followed by the words "or any part
thereof."
b.
ACCESSORY STRUCTURE
BASEMENT OR CELLAR
BUILDING
DETERIORATION
DWELLING
ENFORCEMENT OFFICERS
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
FIRE HAZARD
INFESTATION
NUISANCE
1.
2.
3.
4.
5.
OCCUPANT
OPERATOR
OWNER
PREMISES
REGISTERED MAIL
SOLID WASTE
STRUCTURE
VENTILATION
WEATHERING
The following terms wherever used herein or referred to in this code
shall have the respective meanings assigned to them unless a different
meaning clearly appears from the context:
Shall mean a structure, the use of which is incidental to
that of the main building and which is attached thereto or located
on the same premises.
Shall mean any floor, any portion of which is more than twenty-four
(24") inches below the adjacent grade level.
Shall mean a combination of materials to form a construction
adapted to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
Shall mean the condition or appearance of a building or part
thereof, characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting or other evidence of physical decay or neglect, lack
of maintenance or excessive use.
Shall mean any structure designed for use by human occupants
for sleeping and living purposes, whether occupied or vacant, except
that the foregoing shall not apply to hotels as defined in N.J.S.A.
29:2-1.
Shall mean all officials, officers or employees entrusted
with the enforcement of the provisions of this code.
Shall mean any premises or any part thereof or any building
or any part thereof which may be lawfully viewed by the public from
the public right-of-way including any sidewalk, street, alleyway,
parking lot or from any adjoining or neighboring premises.
Shall mean those portions of a building which are exposed
to public view and the open space of any premises outside of any building
erected thereon.
(See also "nuisance.")
Shall mean any thing or any act which increases or may cause
an increase of the hazard or menace of fire to a greater degree than
that customarily recognized as normal by persons in the public service
of preventing, suppressing or extinguishing fire, or which may obstruct,
delay or hinder or may become the cause of an obstruction, a delay,
a hazard or a hindrance to the prevention, suppression or extinguishment
of fire.
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitute a health hazard.
Shall mean:
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Township of Tabernacle.
Any attractive nuisance which may prove detrimental to the health
and safety of children whether in a building, on the premises of a
building or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned iceboxes
or refrigerators or other major appliances, abandoned or junk motor
vehicles, any structurally unsound fences or structures, lumber, trash,
fences or debris.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Inadequate or unsanitary sewage or plumbing facilities in violation
of Township ordinances.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Shall mean any person living, occupying or having actual
possession of a premises or a part thereof.
Shall mean any person who has charge, care or control of
a premises or a part thereof, whether with or without the knowledge
and/or consent of the owner.
Shall mean any person who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
with or without accompanying actual possession thereof, or shall have
charge, care or control of any dwelling or dwelling unit as owner
or agent of the owner or as fiduciary, including but not limited executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate, or as a mortgagee in possession regardless of how such
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any dwelling or dwelling unit shall
be deemed to be a co-owner with the lessor and/or assigned by said
lessee.
Shall mean a lot, plot or parcel of land, including the buildings
or structures thereon.
Shall mean registered mail or certified mail.
Shall mean putrescible animal or vegetable waste resulting
from the handling, preparation, cooking and consumption of food, ashes,
street cleanings, dead animals, abandoned automobiles, tires, and
industrial wastes, paper, wrappings, cigarettes, tin cans, wood, bedding
and similar materials.
Shall mean combination of any materials, whether fixed or
portable, forming a construction, including buildings.
Shall mean supply and removal of air to and from any space
by natural or mechanical means.
Shall mean deterioration, decay or damage caused by exposure
to the elements.
[Ord. #2003-6; Ord. #2005-4]
a.
In General. This code shall be applicable to all buildings, every
residential and nonresidential building and the premises on which
it is situated in the Township, used or intended to be used for dwelling,
commercial, business or industrial occupancy, which buildings shall
comply with the provisions of this code, whether or not such building
shall have been constructed, altered, or repaired before or after
the enactment of this code, and irrespective of any permits, or licenses
which shall have been issued for the use or occupancy of the building
or for the installation or repair of equipment or facilities prior
to enactment of this code. This code shall not apply to farm related
buildings located on farmland-assessed property. This code establishes
minimum standards for the initial and continued occupancy and use
of all such buildings and does not replace or modify standards otherwise
established for the construction, repair, alteration or use of the
building, equipment or facilities contained therein, except as provided
in paragraph b.
b.
Higher Standards to Prevail in Case of Conflict with Other Laws or
Ordinances. In any case, where the provisions of this code impose
a higher standard than set forth in any other ordinances of the Township
or under the laws of the State of New Jersey, then the standards as
set forth herein shall prevail, but if the provisions of this code
impose a lower standard than any other ordinances of the Township
or of the laws of the State of New Jersey, then the higher standard
contained in any such other ordinance or law shall prevail.
c.
Enforcement of and Compliance with Other Ordinances. Compliance with
this code shall not constitute a defense against any violation of
any other ordinance of the Township applicable to any structure or
premises, nor shall any provision herein relieve any owner, operator
or occupant from complying with any such other provision, nor any
official of the Township from enforcing any such other provision.
[Ord. #2003-6; Ord. #2005-4]
a.
Owner and Operator. Owners and operators shall have all the duties and responsibilities as prescribed in subsection 9-5.6 of this code and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
b.
Occupant. Occupants shall have all the duties and responsibilities as prescribed in subsection 9-5.7 and all the regulations promulgated thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
c.
Contract Not to Alter Responsibilities. Unless expressly provided
to the contrary in this code, the respective obligations and responsibilities
of the owner and operator on one hand, and the occupant on the other,
shall not be altered or affected by any agreement or contract by and
between any of the aforesaid between them and the other parties.
[Ord. #2003-6; Ord. #2005-4]
a.
Maintenance of Exterior of Premises Free of Hazards and Unsanitary
Conditions. The exterior of the premises and all structures thereon
shall be kept free of all nuisances and any hazards to the safety
of occupants, pedestrians and other persons utilizing the premises
and free of unsanitary conditions, and any of the foregoing shall
be promptly removed and abated by the owner or operator.
b.
It shall be the duty of the owner or operator to keep the premises
reasonably free of hazards which include but are not limited to the
enumerations and provisions in the following paragraphs.
1.
Solid waste as defined in subsection 9-5.8. Brush, woods, broken glass, excavated stumps, roots, hazardous growths, filth, garbage, trash, refuse and debris.
2.
Natural Growth. Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons on nearby properties. There shall be
kept pruned and trimmed to prevent such conditions.
3.
Overhangings. Loose and overhanging objects and accumulations of
ice and snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof.
4.
Ground Surface Hazards or Unsanitary Conditions. Holes, excavations,
breaks, projections, obstructions and excretion of pets and other
animals on paths, sidewalks, walkways, driveways, parking lots and
parking areas and other parts of the premises which are accessible
to and used by persons on the premises. All such holes and excavations
shall be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or unsanitary conditions
with reasonable dispatch upon their discovery.
c.
Appearance of Exterior of Premises and Structures. The exterior of
the premises, the exterior of structures and the condition of accessory
structures shall be maintained so that the appearance of the premises
and all buildings thereon shall reflect a level of maintenance in
keeping with the standards of this section and such that the appearance
of the premises and structures shall not constitute a depressing factor
for the immediate area property owners nor an element leading to the
progressive deterioration and downgrading of the particular area with
the accompanying diminution of property values.
d.
Storage of Commercial and Industrial Material. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas equipment and materials relating to commercial
or industrial uses unless permitted under the Zoning Ordinance for
the premises.
e.
General Maintenance of All Structures and Accessory Structures. The
exterior of every structure or accessory structure (including fences)
shall be maintained in good repair. Painted fences shall be maintained
so that the paint is not peeling or otherwise deteriorating. Unpainted
fences shall be maintained so as to avoid rot or deterioration of
the fencing materials. The exterior of all structures shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, or
other condition reflective of deterioration or inadequate maintenance
to the end that the property itself may be preserved, safety and fire
hazards eliminated and adjoining properties and the neighborhood protected
from blighting influences. Roofs shall be maintained or repaired to
be structurally sound and free from defects.
f.
Awnings and Marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event that such
awnings or marquees are not properly maintained in accordance with
the foregoing, they shall, together with their supporting members,
be removed forthwith. In the event that awnings or marquees are made
of cloth, plastic or similar materials, the cloth or plastic, where
exposed to public view, shall be maintained in good condition and
shall not show evidence of excessive weathering, ripping, tearing
or other holes. Nothing herein shall be construed to authorize any
encroachment on streets, sidewalks or other parts of the public domain.
g.
Exterior Walls, Roofs, Etc. Exterior walls, roofs, windows, window
frames, doors, door frames, foundations and other parts of the structure
which are viewable from the public right-of-way and/or nearby properties
shall be maintained.
h.
Freedom from Accumulation and Obstructions. No accumulation or obstruction
from solid waste shall be permitted which is visible from the sidewalk,
street or other public areas or neighboring premises except that solid
waste stored in proper containers may be set out for removal.
[Ord. #2003-6; Ord. #2005-4]
a.
Cleanliness and Sanitation. All parts of the premises under the control
of the occupant or operator shall be kept in a clean, safe and sanitary
condition, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or unsanitary
or which would obstruct the owner or operator from performing any
duty required hereunder or from maintaining the premises in a clean
and sanitary condition. All outside premises shall be clear of abandoned
iceboxes, refrigerators, heaters, television sets and other similar
major appliances.
b.
Landscaping. The landscaping of premises shall be maintained in an
orderly state with lawns (where applicable) and bushes trimmed and
free from becoming overgrown, littered and unsightly where such would
constitute a blighting effect, depreciating adjoining and nearby property.
c.
Ground Surface Hazards, Unsanitary Conditions, Unregistered Vehicles
and/or Vehicles Without Current License Plates.
1.
It shall be the duty of the occupant to keep the premises free of
holes, excavations and excretions of pets and other animals on paths,
sidewalks, walkways, driveways, parking lots and parking areas and
other vehicular or pedestrian access routes to the premises. Snow
and ice shall be cleared from sidewalks and public access paths or
routes or shall be made safely passable within 24 hours of the end
of a storm. Holes and excavations shall be filled and repaired, fire
wood shall be stacked and stored and other conditions removed where
necessary to eliminate hazards or unsanitary conditions with reasonable
dispatch upon their discovery. It shall also be the duty of the occupant
to remove any motor vehicle which is unregistered or not registered
to the owner or occupant and/or without current license tags or plates
from the premises unless the same is properly stored in a closed garage
(subject to a maximum of two such unregistered tarpaulin-covered vehicles),
or in the case of nonresidential premises such motor vehicle is being
currently serviced or repaired by a garageman or mechanic in order
to meet inspection requirements of the Motor Vehicle Commission of
the State of New Jersey. Any such vehicles in residential zones shall
be stored either in the driveway or rear yard.
2.
No person shall park or permit to be parked any motor vehicle on
any street in the Township for a period of more than 72 hours unless
such motor vehicle is operable and in condition for safe and effective
performance of the function for which it is intended; provided, however,
that the parking of a car, trailer, motorcycle or boat that is offered
for sale, next to the property driveway and not within the municipal
right-of-way shall be permitted for a maximum period of 30 consecutive
days, a maximum of three times per calendar year, per individual parcel.
d.
Malicious Damage. Every occupant shall be responsible for willfully
or maliciously caused damage to any part of the premises.
e.
Storage of Boats, Trailers, Utility Trailers and Commercial Vehicles.
The outdoor storage of an unoccupied recreational vehicle, motor home,
travel trailer, utility trailer, camper or boat shall be permitted
on single-family properties; provided that:
1.
Such storage shall not be located closer than fifteen (15')
feet to any side or rear lot line and no closer to the street than
the front of the principle structure.
2.
The travel trailer, utility trailer, camper or boat shall not exceed
thirty-five (35') feet in length and ten (10') feet in width.
3.
Only one such travel trailer, utility trailer, or camper and no more
than two boats and/or boat trailers shall be permitted to be stored
outdoors in any required area on any single-family residential lot.
4.
No travel trailer, utility trailer, camper or boat stored in conformance
with this subsection shall remain in such storage for longer than
12 consecutive months.
5.
Any such vehicles stored in accordance with this subsection shall
not be occupied and shall not be provided with utility connections
other than required for vehicle maintenance and shall not be used
for the storage of any nonrecreational material.
[Ord. #2003-6; Ord. 2005-4]
a.
In General. No person shall accumulate or permit, suffer or allow
the accumulation in any premises owned, operated, occupied or controlled
by him any solid waste and waste material for a time longer than the
period from one collection day to the next ensuing collection day.
Such solid waste or waste material shall either be removed by the
Township-contracted services in accordance with regulations made and
provided or by an authorized collector.
b.
Nonresidential Premises.
1.
Every owner, operator and occupant of any nonresidential premises
shall be responsible for providing suitable containers consisting
of waterproofed receptacles, cans or barrels made of a substantial
material such as galvanized iron or vinyl/plastic with a tight-fitting
cover so constructed as to prevent spillage or leakage of its contents.
2.
Every owner, operator and occupant of nonresidential premises shall
be responsible for providing containers, as described in paragraph
b,1, sufficient in number to hold all solid waste and waste material
in the manner prescribed, from one collection period to the next actual
collection. Solid waste and waste material shall be placed in the
containers aforesaid prior to the time fixed for collections.
3.
Every owner, operator and occupant of nonresidential premises shall
be responsible for making necessary arrangements for weekly collection
of solid waste and waste material between the hours of 6:00 a.m. and
8:00 p.m. prevailing time only.
c.
Residential Premises.
1.
Every owner, operator and occupant of residential premises shall
be responsible for providing suitable containers for receiving and
holding of solid waste and waste materials.
2.
Every owner, operator and occupant of residential premises shall
be responsible for providing containers as described in paragraph
c,1 sufficient in number to hold all solid waste and waste material,
in the manner prescribed, from one collection to the next actual collection.
Such solid waste and waste material shall be placed in the containers
aforesaid prior to the time fixed for collection.
3.
Every owner, operator and occupant of residential premises shall
place the containers aforementioned so as to not impede traffic in
front of the premises no earlier than 12:00 noon of the day preceding
the nearest collection day. Containers shall be retrieved from their
collection location no later than 12:00 midnight on the day of collection.
4.
Discarded newspapers, magazines and the like may be placed in securely tied bundles or paper bags in close proximity to the location of the containers aforesaid for collection in accordance with the Recycling Ordinance requirements. Bulky items comprised of waste materials classified as paper, solid waste or ashes as defined in subsection 9-5.3 of this section must be assembled by the owner, operator and occupant of the premises into not more than three (3') foot lengths, tied securely and placed in close proximity to the containers aforesaid for collection, under current recycling regulations.
[Ord. #2003-6; Ord. #2005-4]
a.
Township Committee to Supervise Administration of Inspections, Regulations,
Enforcements and Hearing on Violations. The Township Committee is
hereby designated to supervise and direct all inspections, regulations,
enforcements and hearings on violations of the provisions of this
code, unless expressly stated to the contrary. The Code Enforcement
Officer or his designee shall be and is designated by the Township
Committee to perform such duties as may be necessary to the enforcement
of this code, including the making of inspections.
b.
When Exterior Inspections Are to be Made. All exteriors of buildings
and premises subject to this code are subject to inspection by the
enforcing officer of the Township. At the time of such inspections,
parts of the premises must be available and accessible for such inspections,
and the owner, operator and occupant are required to provide the necessary
arrangements to facilitate such inspections.
c.
Identification and Conduct of Inspectors. Enforcement officials and
officers shall be supplied with official identification and shall
exhibit such identification when requesting access to any part of
any premises subject to this code. Inspectors shall conduct themselves
so as to avoid intentional embarrassment or inconvenience to occupants.
d.
Where Access by Enforcing Officials Is Refused. When the enforcing
official or his agent is refused access to the premises or is otherwise
impeded or prevented by the owner, occupant or operator from conducting
an inspection of the premises, access to the premises shall be gained
only by the warrant procedure set forth hereunder.
e.
Issuance of Warrant. In addition to the provisions of paragraph d,
enforcing officials may, upon affidavit, apply to the Municipal Court
Judge of the Township of Tabernacle or to the New Jersey Superior
Court for a warrant setting forth factually the actual conditions
and circumstances that provide a reasonable basis for believing that
a nuisance or violation of this code exists on the premises, and if
the Judge is satisfied as to the matter set forth in said affidavit,
he may authorize the issuance of a warrant permitting access to and
inspection of that part of the premises on which the nuisance or violation
exists.
f.
Procedure Where Violation Discovered. Where a violation of this code
or the regulations hereunder is found to exist, a written warning
notice from the enforcing official shall be served on the person or
persons responsible for the correction thereof.
g.
Contents of Notice. The notice shall specify the violation or violations
committed, what must be done to correct the same, a reasonable period
of time "not to exceed 30 days" to correct or abate the violation,
the right of the person served to request a hearing and that the notice
shall become an order in 10 days after service unless a hearing is
requested pursuant to paragraph i. The notice shall also advise the
recipient that, if the violation is not corrected or abated, the municipality
or a municipally-hired contractor may do the same, the cost of which
shall become a lien on the subject property.
h.
Service of Notice. Notice may be served personally or by mail with
postage prepaid, addressed to the last known address of the person
to be served. In case the premises is occupied, notice may be accomplished
by posting upon the front door of the structure. Where it is ascertained
that the owner does not reside on the premises, the last known address
shall be the address of the owner as shown in the office of the Tax
Collector. If the last known address cannot be ascertained, service
may be accomplished by mailing the notice with postage prepaid to
the mortgagee, if there be one, and by posting the notice on the front
door of the premises and printing the notice in the official Township
newspaper at least one time. The enforcing officer shall file and
provide notice to any owner, operator or occupant of any violation
at any address other than the last known address provided hereunder
if such other address is filed with the enforcing officer personally
or by certified mail addressed to the enforcing officer. Service upon
an owner, operator or occupant may also be attained by service of
any notice upon any competent member of the family 18 years old or
older of the owners, operator or occupant. Date of service of notice
shall be determined where service is by mail as of the third day following
the day of mailing for notices to addresses within or outside the
Township. Where the day of service would fall upon a Sunday or other
day where mail is not ordinarily delivered, then the day of service
shall be the next regular day.
i.
Notice to Become an Order Unless Hearing Requested. Within 10 days
of the date of service of a notice, the notice shall constitute a
final order. Any failure to comply with said order shall constitute
a violation of this code and shall be enforceable by the Code Enforcement
Officer through the Municipal Court.
j.
Extensions of Time. The Township Code Enforcement Officer may extend
the time for the correction of abatement of violations for an additional
period of time deemed reasonable by the Code Enforcement Officer beyond
the expiration date of the original notice.
k.
Summary Abatement in Emergency; Notice and Hearing Not Required.
Where the violation or condition existing on the premises is of such
a nature as to constitute an immediate threat to life and limb unless
abated without delay, the Township Committee may either abate the
violation or condition immediately or order the owner, operator or
occupant to correct the violation or condition within a period of
time not to exceed three days, and upon failure to do so, the Township
Committee shall abate the condition immediately thereafter.
l.
Costs of Any Abatement to be a Lien Against Premises. Where abatement
of any nuisance as defined herein, correction of a defect in the premises
or the maintenance of the premises in a proper condition so as to
conform to municipal ordinances or State laws applicable thereto requires
expending Township moneys therefor, the enforcing officer shall present
a report of work proposed to be done to accomplish the foregoing to
the Township Committee. The report shall include an estimate of the
cost of the work required along with a summary of the proceedings
undertaken by the enforcing officer to secure compliance, including
notices served upon the owners, operators, lessors or agents, as the
case may be, and hearings and orders of the Municipal Court with reference
thereto. The Township Committee may thereupon order the abatement
of the nuisance, correction of the defect and completion of the work
necessary to place the premises in proper condition and in compliance
with ordinances of the Township and laws of the State. The enforcing
officer may thereafter proceed to have the work performed in accordance
with the order at the Township expense not to exceed the amount specified
in the order and shall upon completion thereof submit a report of
the moneys expended and costs to the Township Committee. After review
of the same, the Township Committee may approve the expenses and costs
whereupon the same shall become a lien against the premises collectible
as provided by law. A copy of the resolution approving the expenses
and costs shall be certified by the Township Clerk and filed with
the Tax Collector of the Township who shall be responsible for the
collection thereof, and a copy of the resolution shall be sent by
certified and regular mail to the owner.
m.
Extension of Time where Dispossess Action Undertaken. Where there
exists a violation of this code, an owner or operator, upon receipt
of a notice of violation, if unable to eliminate the violation by
peaceable means within the period of time specified in said notice,
shall commence within such period legal action to dispossess, evict
or eject the occupants who caused the violation. No further action
hereunder shall then be taken against the owner or operator so long
as the action aforesaid is pending in the appropriate court and is
prosecuted expeditiously and in good faith.
n.
Where Notice and Hearing Not Required Prior to Court Proceedings.
1.
No notice shall be required on the enforcement as to the removal
of or making safe passage through accumulated snow or ice from sidewalks
where such snow or ice remains uncleared within 24 hours after the
termination of the storm.
2.
Where the Municipal Court after hearing shall determine that there
was a violation and a notice was served upon the owner, operator or
occupant, whether or not said violation was abated prior to the issuance
of an order, if thereafter within the space of one year there shall
be a second violation by the same owner, operator or occupant of the
same provision of this code discovered on the same premises, the offender
may be prosecuted on the second violation without the enforcing officer
first giving notice and opportunity for a hearing to the owner, operator
or occupant by the filing of a complaint by the enforcing officer
in the Municipal Court.
o.
Effect of Notice on Owner. For the purposes of enforcement of this
code, the service of a notice on an owner, whether or not the owner
is also the operator, shall constitute notice of violations set forth
therein until violations are abated in conformity with this code and
the other applicable ordinances of the Township of Tabernacle.
[Ord. #2003-6; Ord. #2005-4]
a.
Fines for Violations. A violation of any section or subsection of
this code shall be subject, upon conviction, to a fine of up to but
not exceeding $1,000.
b.
Meaning of "Each Violation." Each violation of a section or subsection
of this code shall constitute a separate and distinct violation independent
of any other section or subsection or any order issued pursuant to
this code.
c.
Additional Penalty for Second Violation. Where an owner, operator
or occupant has been convicted of a violation of this code and within
12 months thereafter has been found by the Judge of the Municipal
Court to be guilty of a second violation, the Court may, if it finds
that the second offense was willful and inexcusable, sentence the
offender in addition to or in lieu of the fine set forth in paragraph
a to imprisonment in the County jail for a period not to exceed 90
days.
d.
Application to Officers or Agents. Where the defendant is other than
a natural person or persons, paragraphs b and c shall also apply to
any agent, superintendent, officer, member or partner who shall, alone
or with others, have charge, care or control of the premises.
e.
Fine as a Lien. In the event of the imposition of a fine or penalty
by the Municipal Court or any other court of competent jurisdiction
against the owner, operator or lessor of any building or structure
in the Township required to be registered for violation of any Township
ordinance or any State law applicable to the Township, the fine or
penalty, if unpaid within 30 days of imposition, shall be collectible
as a lien against the premises, in addition to any other remedies
provided by law.
[Ord. #2003-6; Ord. #2005-4]
The repeal of any provisions of any other ordinances by this
code shall not affect any action for prosecution or abatement under
any such ordinance or any notice, complaint or order issued by any
officer or agency of the Township prior to the adoption of this code
or concerning which any prosecution or other steps of enforcement
have been taken or are being taken within any administrative agency
or in the Municipal Court for enforcement thereof.
[Ord. #2003-6; Ord. #2005-4]
The Township Committee is hereby authorized and empowered to
promulgate such written rules and regulations as may be necessary
for the proper interpretation and administration of the provisions
of this code, provided that such rules and regulations do not conflict
with this code and do conform to the general standards prescribed
by this code. The Township Committee shall file copies of such rules
and regulations with the Township Clerk which shall be available during
regular business hours. Such rules and regulations shall have the
same force and effect as the provisions of this code, and the violations
thereof shall be enforced as violations of the express provisions
of this code, as herein provided.
[Ord. No. 2013-5]
Shall mean and include the title holder, any agent of the
title holder having authority to act with respect to a vacant property,
any foreclosing entity subject to the provisions C.46:10B-51 (P.L.
2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any other
entity determined by the Township of Tabernacle to have authority
to act with respect to the property.
Shall mean any building used or to be used as a residence
which is not legally occupied or at which substantially all lawful
construction operations or residential occupancy has ceased, and which
is in such condition that it cannot legally be reoccupied without
repair or rehabilitation, including but not limited to any property
meeting the definition of abandoned property in N.J.S.A. 55:19-80;
provided, however, that any property where all building systems are
in working order, where the building and grounds are maintained in
good order or where the building is in habitable condition and where
the building is being actively marketed by its owner for sale or rental,
shall not be deemed a vacant property for purposes of this section.
[Ord. No. 2013-5]
Effective June 1, 2013, the owner of any vacant property as
defined herein shall, within 30 calendar days after the building becomes
vacant property or within 30 calendar days after assuming ownership
of the vacant property, whichever is later; or within 10 calendar
days of receipt of notice from the municipality, file a registration
statement for such vacant property with the Township Code Enforcement
Officer on forms provided by the Township for such purposes. Any failure
to provide notice by the municipality shall not constitute grounds
for failing to register the property.
a.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
b.
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 owner or owners 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 owner or owners in connection with the enforcement
of any applicable code.
c.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the property. The individual or representative of
the firm responsible for maintaining the property shall be available
by telephone or in person on a 24-hour per day, seven-day per week
basis. The two entities may be the same or different persons. Both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey.
d.
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 9-6.5 of this section for each vacant property registered.
e.
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.
f.
The owner shall notify the Clerk within 30 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Clerk for such purpose.
g.
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 owner or
owners of the building.
[Ord. No. 2013-5]
The owner of any vacant property registered under this section
shall provide access to the Township to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes upon reasonable notice to the property owner or the designated
agent. Such inspections shall be carried out on weekdays during the
hours between 9:00 a.m. and 4:00 p.m. or at such other time as may
be mutually agreed upon between the owner and the Township.
[Ord. No. 2013-5]
a.
An owner who meets the requirements of this section with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
b.
By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any owner who has designated
an authorized agent under the provisions of this section shall be
deemed to consent to the continuation of the agent's designation
for the purposes of this section until the owner notifies the Township
of Tabernacle in writing of a change of authorized agent or until
the owner files a new annual registration statement.
c.
Any owner who fails to register vacant property under the provisions
of this section shall be deemed to consent to receive, by posting
on the building in plain view, and by service of notice at the last
known address of the owner of the property on record within the Township
of Tabernacle by regular and certified mail, any and all notices of
code violations and all process in an administrative proceeding brought
to enforce code provisions concerning the building.
[Ord. No. 2013-5]
The initial registration fee for each building shall be $500.
The fee for the first renewal is $1,500, and the fee for the second
renewal is $3,000. The fee for any subsequent renewal beyond the second
renewal is $5,000.
Vacant Property Registration Fee Schedule
[Ord. No. 2013-5]
The owner of any building that has become vacant property and
any person maintaining or operating or collecting rent for any such
building that has become vacant shall within 30 days of the inception
of any vacancy:
a.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code, or as set forth
in the rules and regulations supplementing those codes; and
b.
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to subsection 9-6.2b of this section), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight (8") inches by ten (10") inches; and
c.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
d.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, right-of-ways, alleys, 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
e.
Continue to maintain the structure 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 building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete.
[Ord. No. 2013-5]
a.
Any person who violates any provision of this section or of the rules
and regulations issued hereunder shall be fined not less than $100
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this chapter shall be recoverable from the owner and
shall constitute a lien on the property.
b.
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days of receipt of notice
by the municipality, and failure to provide correct information on
the registration statement, or failure to comply with the provisions
of such provisions contained herein shall be deemed to be violations
of this section.
[Ord. No. 2015-9]
Shall mean 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.
Shall mean, consistent with section 1 of P.L. 2010, c.70
(N.J.S.A. 2A:50-73), residential real estate, where a notice of violation
has been issued pursuant to subsection b of section 1 of N.J.S.A.
40:48-2.12s. Residential property shall further be deemed Vacant and
Abandoned where a mortgaged property is not occupied by a mortgagor
or tenant and at least two of the following conditions exist:
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.
[Ord. No. 2015-9]
a.
A Creditor which has previously filed or a Creditor upon filing a
summons and complaint in an action to foreclose on a residential property
within the Township is and shall be immediately responsible for the
care, maintenance, security and upkeep of the exterior of the property
after the property becomes Vacant and Abandoned as defined in this
section.
b.
Where a Creditor is located out-of-State, the Creditor shall be responsible for appointing an in-State representative or agent to act on the Creditor's behalf for the purpose of satisfying the requirements of paragraph a of this subsection. Notice of said representative or agent shall be provided to the municipal clerk pursuant to paragraph (1) of subsection a of section 17 of P.L.2008, c.127 (N.J.S.A. 46:10B-51) or within 10 days of the adoption of this section whichever is later.
[Ord. No. 2015-9]
a.
The enforcement officers designated in this section shall be authorized to issue a notice to a Creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township if the enforcement officer determines that the Creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of a Vacant and Abandoned property. Where a Creditor is an out-of-State Creditor, the notice shall be issued to the representative or agent that has been identified by the Creditor pursuant to paragraph (1) of subsection a of section 17 of P.L.2008, c. 127 (N.J.S.A. 46:10B-51) or thereafter in accordance with the requirements hereof.
b.
The notice referenced in this subsection shall require the Creditor
to correct the violation(s) within 30 days of receipt of the notice,
or within 10 days of receipt of the notice if the violation presents
an imminent threat to public health and safety.
c.
The issuance of a notice pursuant to this subsection shall constitute
proof that a residential property is Vacant and Abandoned for the
purposes of this section.
[Ord. No. 2015-9]
The duty of administering and enforcing the provisions of this
section is conferred upon the Construction Official, Zoning Officer,
Code Enforcement Officer, Health Officer and any other duly appointed
representatives.
[Ord. No. 2015-9]
a.
A Creditor subject to this section that is found by the Municipal
Court of the Township, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct a care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
this section shall be subject to a fine of $1,500 for each day of
the violation. Any fines imposed pursuant to this paragraph shall
commence 31 days following the receipt of the notice, except if the
violation presents an imminent risk to public health and safety, in
which case any fines shall commence 11 days following receipt of the
notice.
b.
An out-of-state Creditor subject to this section that is found by the municipal court of the Township, 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 10-day period set forth in paragraph (1) of subsection a of section 17 of P.L.2008, c. 127 (N.J.S.A. 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 or on the eleventh day after the effective date of this section whichever is later.
