Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 6-16-1986 as part of Ord. No. 86-266.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 100.
Garbage, rubbish and refuse — See Ch. 146.
Public health nuisances — See Ch. 179.
Property maintenance — See Ch. 197.
Wells, cisterns and holes — See Ch. 265.
STATUTORY AUTHORITY
General powers of municipalities governed by optional form of government — See N.J.S.A. 40:69A-29.
[1]
Editor's Note: This ordinance also amended Ch. 197, Property Maintenance.
This chapter shall regulate the maintenance of one- and two-family residential properties, fix penalties for violations and be commonly known as the "Residential Property Maintenance Code."
A. 
Every dwelling, and every part thereof, including but not limited to the exterior walls, siding, roofs, windows, exterior doors, porches, shutters, gutters and downspouts, awnings, external stairs and chimneys, and all accessory structures, including fences, walkways, driveways, storage sheds and any accessory structure built upon or above the ground, and every part thereof, shall be kept structurally sound and in a state of good repair.
B. 
All exposed surfaces of the aforesaid buildings and structures which are susceptible to decay shall be kept at all times painted as otherwise provided with a finished protective coating sufficient to prevent deterioration. Damaged materials must be repaired or replaced. Places showing signs of rot, leakage, deterioration or corrosion, weathering or seepage are to be restored and protected.
C. 
The aforesaid shall also be maintained so that the appearance of the premises and structures shall not constitute a blight factor for adjoining property owners nor an element leading to the progressive deterioration of the neighborhood.
A. 
Landscaping. Shrubbery, lawns, hedges and other landscaping shall be maintained and kept from becoming overgrown and unsightly or in any form of neglect or disrepair.
B. 
Refuse. The grounds and exterior of the premises and all structures thereon shall be kept free of all nuisances, unsanitary conditions and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises. Brush, weeds, broken glass, obnoxious growths, garbage, trash, rubbish, abandoned appliances, household furnishings, vehicles or parts thereof, including boats and trailers, which vehicles or parts thereof are or have been junked, abandoned, dismantled or are in a state of visible disrepair, or vehicles exposed to public view which do not have a valid registration and license plate and have no inspection sticker or an inspection sticker for which more than 60 days have elapsed, and debris of any description or nature shall be promptly removed from any premise. lot, field or parcel of land. Holes, excavations, breaks, projections and obstructions shall be promptly removed or repaired.
This chapter shall be enforced by the Code Enforcement Officer of the Township of Cedar Grove or the Township Building Inspector.
[Amended 11-21-1988 by Ord. No. 88-329]
Prior to the start of proceedings before a court of proper jurisdiction, a Township official charged with the enforcement of this chapter shall cause a written notice containing the nature of the violation to be served upon the owner and/or occupant of the property. Service of the notice shall be made in person or by certified mail, return receipt requested. In the event that service cannot be effectuated by certified mail, service may be made by first class mail with postage prepaid, mailed to the last known address of the person to be served. Service shall be deemed effective upon mailing, and the date of such mailing or personal service shall be the beginning date for computation of the time limits hereinafter established. Upon service of any notice of violation of § 198-2 of this chapter relating to maintenance of structures, the owner and/or occupant must correct the defective condition within 30 days, or such further time as the Township official enforcing the chapter shall agree, in writing. Upon service of any notice of violation of § 198-3 of this chapter relating to maintenance of grounds, the owner and/or occupant must correct the defective condition within 10 days, or such further time as the Township official enforcing the chapter shall agree, in writing.
[Amended 10-23-2006 by Ord. No. 06-656]
Any person who violates any provision of this chapter shall, upon conviction thereof. be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Added 12-5-2016 by Ord. No. 16-801]
A. 
Purpose. The Township Council has determined that vacant and abandoned property within the Township of Cedar Grove pose a hazard to the health, safety, and welfare of the public, and therefore enacts this section to regulate the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential properties on which a summons and complaint in an action to foreclose has been filed.
B. 
Responsibility for maintenance. The creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential properties, and if located out of state, shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.
C. 
Enforcement; notice of violation; penalty.
(1) 
This section shall be administered and enforced by the Code Enforcement Official.
(2) 
Upon determination by the Code Enforcement Official that a creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property, he or she shall issue a notice of violation to the creditor. Such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of a notice pursuant to this subsection shall constitute proof that a property is "vacant and abandoned" for the purposes of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73).
(3) 
A creditor found by the Township of Cedar Grove Municipal Court, 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 subsection shall commence 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
D. 
Out-of-state creditors; penalty.
(1) 
An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice advising the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served, as required by Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
(2) 
An out-of-state creditor found by the Township of Cedar Grove 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 shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).