A.
Basic equipment and facilities. Every unoccupied or
vacant residential or nonresidential building must comply with the
following minimum standards for basic equipment and facilities:
(1)
Plumbing. All plumbing fixtures shall be properly
installed and be in sound condition and good repair.
(2)
Electricity. Every existing outlet and fixture shall
be properly connected. Wiring and service lines shall be maintained
in good and safe working condition.
(3)
Heating plant. The heating plant shall be maintained
in a safe condition.
(4)
Cooking equipment. All cooking equipment shall be
maintained in a safe condition.
B.
Storage and boarding up of building.
(1)
No room within any vacant or unoccupied building shall
be used for storage or junk, rubbish or wastes, furniture or building
materials not intended to be used in the existing building.
(2)
The boarding up of doors and windows shall not be
permitted except with the permission of the enforcement officer in
emergency situations. When doors and windows are boarded up, they
shall be covered with no less than one-half-inch exterior plywood
or equivalent, which shall be the same color as the building exterior.
C.
Safe and sanitary maintenance. All occupied or vacant
buildings shall comply with the following minimum standards for safe
and sanitary maintenance.
(1)
Every foundation, exterior wall or exterior roof shall
be weathertight, watertight and rodentproof, shall be kept in sound
condition and good repair and shall be safe to use and capable of
supporting the load which normal use may cause to be placed thereon.
(2)
Every floor, interior wall and ceiling shall be substantially
rodentproof, shall be kept in sound condition and good repair and
shall be safe to use and capable of supporting the load which normal
use may cause to be placed thereon.
(3)
Every window, exterior door and basement or cellar
door and hatchway shall be weathertight, watertight, rodentproof and
locked and shall be kept in sound condition and good repair.
(4)
Every inside and outside stair, porch and any appurtenance
thereto shall be safe to use and capable of supporting the load that
normal use may cause to be placed thereon and shall be kept in sound
condition and good repair.
(5)
Every yard shall be properly graded so as to prevent
the accumulation of stagnant water.
(6)
There shall be a controlled method of disposing of
water from roofs by use of gutters and down spouts, which shall be
installed and maintained in sound condition, free of leaks and obstructions.
(7)
Every dwelling's cellar, basement and crawl space
shall be maintained from excessive dampness and leakage.
(8)
The exterior of every structure or accessory structure
shall be maintained free of broken windows, loose shingles, crumbling
stone or brick or excess peeling paint.
(9)
The exterior of the premises and the condition of
accessory structures shall be maintained so that the appearance of
the premises and all buildings thereof shall reflect a level of maintenance
in keeping with the standards of the neighborhood and such that the
appearance of the premises and structures shall not constitute a blighting
factor for adjoining property owners nor an element leading to the
progressive deterioration and downgrading of the neighborhood with
the accompanying diminution of property values.
D.
Further responsibilities of owners. All owners of
unoccupied or vacant buildings shall be required to comply with the
following standards:
(1)
Any yard area (front, side and rear) adjacent to an
unoccupied or vacant building shall be cleared and maintained free
of trash, solid debris or any other materials that cause litter to
accumulate to unhealthy and blighting proportions.
(2)
Grass and weeds shall not be permitted to grow or
remain on the side, front and/or rear yards of any unoccupied or vacant
building so as to exceed a height of 10 inches.
(3)
Unoccupied or vacant buildings shall not be utilized
for storage of any hazardous materials, whether solid or liquid, including
the yard portion of that building.
(4)
When a vacant dwelling is found to be infested with
rats, termites, roaches and/or any other insects and vermin, the owner
shall undertake an expedient means of extermination of such nuisances.
(5)
All doors and/or lids on appliances, on furniture
utilized for storage or on heating furnaces shall be locked in order
to deny entry to an individual where the potential for physical harm
or death may result should said door or lid close and prevent the
individual's escape.
E.
The standards and requirements of this section shall
apply as long as any dwelling remains vacant or unoccupied. Upon occupancy,
the other appropriate sections of this chapter shall prevail.
F.
Creditor responsibility. Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of Chapter 145, Article V, § 145-15, of the Code of the Borough of Madison, pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise
[Added 10-15-2014 by Ord. No. 49-2014]
G.
Notice to creditor; time to correct violations. If the public officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of Chapter 145 of this Code, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is “vacant and abandoned” for purposes of N.J.S.A. 2A:50-73.
[Added 10-15-2014 by Ord. No. 49-2014]
H.
Designated representative of out-of-state creditor; violation. An
out-of-state creditor shall include the full name and contact information
of the in-state representative or agent in the notice required to
be provided to the Municipal Clerk pursuant to Subdivision a(1) of
N.J.S.A. 46:10B-51. An out-of-state creditor found by a court of competent
jurisdiction to have violated this provision shall be subject to a
fine of $2,500 for each day of the violation commencing on the day
after the ten-day period set forth in Subdivision a(1) of N.J.S.A.
40:10B-51 with respect to notifying the Municipal Clerk that an action
to foreclose the property has been filed.
[Added 10-15-2014 by Ord. No. 49-2014]
