This chapter shall provide for the repair or
demolition of buildings within the boundaries of the Borough of Carteret
which are so old, dilapidated or have become so out of repair as to
be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy or use, are inimical to the welfare and dangerous and
injurious to the health and safety of the people of the Borough of
Carteret or have become vacant and are in such condition as to be
detrimental to the health, safety and welfare of the citizens of the
Borough.
A.
In accordance with the provisions of N.J.S.A. 40:49-5.1,
the New Jersey Housing Code, as amended from time to time and the
Carteret Property Maintenance Code[1] are hereby adopted as a standard governing supplied utilities
and facilities and other physical things and conditions essential
to making dwellings safe, sanitary and fit for human habitation, occupancy
or use and governing the condition of dwellings. A copy of the New
Jersey State Housing Code is attached to and made a part of this chapter
without the text being included herein.
B.
Three copies of the New Jersey State Housing Code
have been placed on file in the office of the Clerk and will remain
on file there for the use and examination of the public.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any appurtenances
belonging thereto or usually enjoyed therewith.
The administrative and enforcing authority for the provisions
of this Chapter shall be the Construction Code Official or his designee
and shall hereinafter be referred to as the "officer."
The holder or holders of the title in fee simple.
Any municipal employee in charge of any department relating
to health, fire or building regulations.
For the purposes of this chapter, the Construction Code Official
or his designee.
A structure is unfit for human occupancy whenever the Code
Official finds that such structure is unsafe, unlawful or because
of the degree to which the structure is in disrepair or lacks maintenance,
is unsanitary, vermin or rat infested, contains filth and contamination
or lacks ventilation, illumination, sanitary or heating facilities
or other essential equipment required by this code or because the
location of the structure constitutes a hazard to the occupants of
the structure or to the public.
An unlawful structure is one found in whole or in part to
be occupied by more persons than permitted under this code or was
erected, altered or occupied contrary to law.
Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
An unsafe structure is one that is found to be dangerous
to the life, health, property or safety of the public or the occupants
of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation that
partial or complete collapse is likely.
This chapter shall constitute the standards
to guide the officer in determining the fitness of any dwelling, dwelling
unit, rooming unit or premises for human habitation, use or occupancy:
A.
The officer may make rules and regulations which interpret
or amplify any provision of this chapter or for the purpose of making
the provisions of this chapter more effective. No regulation, however,
shall be inconsistent with or alter or amend any provision of this
chapter, and no regulation shall impose any requirements that are
expressly or by implication imposed by any provision of this chapter.
Rules and regulations shall be subject to the same penalty as other
violations of this chapter.
B.
The public officer is hereby directed to identify,
as soon as possible after the adoption of this subsection and by March
3l of each succeeding year thereafter, abandoned property for the
purpose of establishing an abandoned property list throughout the
municipality pursuant to N.J.S.A. 55:19-55.
[Added 4-21-2005 by Ord. No. 05-21]
A.
When a complaint is filed with the officer by a public
authority or by a resident of the Borough charging that a dwelling
is unfit for human habitation, or upon the motion of the officer,
the officer or his agents or employees shall make inspections to determine
the condition of dwellings, dwelling units and premises at such reasonable
hours as the circumstances of the cases permit. This section shall
not be construed to prohibit the entry of the officer or his agents
at any time when an actual emergency exists which tends to create
a danger to public health or safety or at any time when an inspection
is requested by an owner occupant.
B.
The owner, occupant or person in charge of a dwelling,
dwelling unit or rooming unit shall give the officer or his agents,
on the presentation of proper identification, free access to the premises
for the purpose of inspection or of making any repairs or alterations
which are necessary to effect compliance with this chapter.
The officer or his agents may, upon affidavit,
apply to the Judge of the Municipal Court of the borough for a search
warrant setting forth factually the actual conditions and circumstances
that provide a reasonable basis for believing that a nuisance or violation
of this chapter exists on the premises; and if the Municipal Judge
is satisfied as to the matter set forth in the affidavit, he shall
authorize the issuance of a search warrant permitting access to and
inspection of that part of the premises on which the nuisance or violation
may exist.
[Added 12-29-2015 by Ord.
No. 15-28]
A.
A creditor, as defined in P.L. 2014, c. 5, who files a summons and
complaint in an action to foreclose, shall be responsible for the
care, maintenance, security, and upkeep of the exterior of the vacant
and abandoned residential property subject to the foreclosure, and
if located out-of-state, shall be responsible for appointing an in-state
representative or agent to act for the foreclosing creditor.
B.
The Code Enforcement Officer, or any other local official designated
by the governing body for administration of any property maintenance
or public nuisance code, may 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 any provision of this chapter by failing to
provide for the care, maintenance, security, and upkeep of the exterior
of the vacant and abandoned residential property subject to the foreclosure.
(1)
Such notice 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, or within
10 days of receipt of the notice if the violation presents an imminent
threat to public health and safety.
(2)
A creditor subject to this section who is found to be in violation
of this section by the Borough of Carteret Municipal Court, or by
any other court of competent jurisdiction, 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.
C.
Any creditor whose principal place of business is located outside
of the State of New Jersey who has served a summons and complaint
in an action to foreclosure on a residential property shall provide
to the Borough Clerk the full name and contact information of its
in-state representative or agent, within the ten-day period as required
by N.J.S.A. 46:10B-51, which contains the full name and contact information
of an in-state representative or agent who shall be responsible for
the care, maintenance, security, and upkeep of the exterior of the
property if it becomes vacant and/or abandoned.
(1)
Any out-of-state creditor subject to the provisions of this section
who is found by the Borough of Carteret Municipal Court, or by any
other court of competent jurisdiction, in violation of the requirement
of this section to appoint an in-state representative or agent pursuant
to this chapter shall be subject to a fine of $2,500 for each day
of the violation.
(2)
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 as required by N.J.S.A. 46:10B-51 et seq. for providing notice
to the Borough Clerk that a summons and complaint in an action to
foreclosure on a mortgage has been served.
D.
The issuance of a notice pursuant to this section shall constitute
proof that the property is "vacant and abandoned" for the purpose
of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73).
