[HISTORY: Adopted by the Mayor and Council
of the Borough of Norwood as Ch. XII of the Revised General Ordinances.
Amendments noted where applicable.]
This chapter shall be known as the "Property
Maintenance Code of the Borough of Norwood" and may be referred to
in this chapter in the short form as "this code."
It is hereby found and declared that there exists
in the borough buildings and premises used for residential and nonresidential
purposes which are or may become substandard with respect to structural
integrity, equipment or maintenance, and further, that such conditions,
including but not limited to structural deterioration, lack of exterior
maintenance, infestation, lack of minimal essential heating, plumbing,
storage or refrigeration equipment, lack of maintenance or upkeep
of essential utilities and facilities, existence of fire hazards,
inadequate provisions for light and air, unsanitary conditions and
overcrowding, constitute a menace to health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the borough. It is further
found and declared that there are certain problems endemic to multiple
dwellings, and certain greater protections are necessary.
The purpose of this code is to protect the public
health, safety and welfare by establishing standards governing the
maintenance, condition and occupancy of premises situated in the borough,
used or intended to be used or designed to be used, in whole or in
part, for residential and nonresidential purposes; to establish standards
governing utilities, facilities and other physical components and
conditions essential to make such premises fit for human habitation,
occupancy and use; to fix certain responsibilities and duties upon
owners and operators and distinct and separate responsibilities upon
occupants; to prevent blighting conditions; to authorize and establish
procedures for the inspection of such premises; to correct violations
or to fix penalties for the violations of this code; to provide for
the right of access across adjoining premises to permit repairs. 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.
A.
Buildings affected by this code. Every building and the premises on which it is situated in the borough used, intended to be used or designed to be used, in whole or in part, for residential and nonresidential purposes as limited herein shall comply with the provisions of this code, whether or not any 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 any such building or premises for the construction, alteration or repair of such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this code. This code establishes standards for the maintenance of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided in Subsection B hereof. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subjected to the applicable provisions of both this code and the building, zoning and other applicable ordinances of the borough.
B.
Higher standards to prevail in case of conflict with
other ordinances or laws. In any case where the provisions of this
code impose a higher standard than that set forth in any other ordinance
of the borough or law of the State of New Jersey applicable thereto,
then the standards as set forth herein shall prevail, but if the provisions
of this code impose a lesser standard than such other ordinance of
the borough or law of the state, then the higher standard contained
in such other ordinance or law shall prevail.
C.
Issuance and renewal of other permits and licenses.
After the date of enactment hereof, all licenses, permits and certificates
of occupancy relating to such buildings and premises which may be
issued or renewed pursuant to any other ordinance of the borough may
be issued or renewed only upon compliance with this code as well as
compliance with the ordinance under which such licenses and permits
may be granted or renewed.
D.
Enforcement and compliance with other ordinances.
Compliance with this code shall not constitute a defense against the
violation of any provision of any other ordinance of the borough or
law of New Jersey applicable to any building or premises.
A.
Owners and operators. Owners and operators shall have
all the duties and responsibilities as prescribed in this code and
the regulations promulgated pursuant thereto, unless specifically
set forth to the contrary, and no owner or operator shall be relieved
from any such duty and responsibility nor be entitled to defend against
any charge or violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
B.
Occupants. Occupants shall have all the duties and
responsibilities as prescribed in this code and all the regulations
promulgated in connection therewith, and the occupant shall not be
relieved from any such duty or responsibility nor be entitled to defend
against any charge or violation thereof by reason of the fact that
the owner or operator is also responsible therefor and in violation
thereof. All parts of the premises under control of an occupant shall
be kept in a clean, sanitary and safe condition by the occupant, and
the occupant shall refrain from performing any act which would render
any part of the entire building and premises unclean, unsanitary,
unsafe or which would prevent the owner or operator from performing
any duty required hereunder.
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 or between them and
their parties.
As used in this chapter, the following terms
shall have the meanings indicated:
An unregistered motor vehicle or a junked motor vehicle as defined by § 224-1 of this Code, which is exposed to public view.
[Amended 8-9-2017 by Ord. No.
17:10]
Any enclosed space which contains one or more of the following,
i.e., bathtub, shower, water closet, lavatory, water closet compartment,
washbowl, sink or fixtures serving similar purposes.
Any building in which there are one or more independent rooms
for sleeping, whether furnished or unfurnished, available for occupancy
by five or more persons for compensation and where there are not individual
eating facilities. Such buildings shall be governed by the provisions
applicable to multiple family dwellings.
A combination of materials intended to form a safe and stable
structure used for multiple dwelling residential purposes and including
any accessory buildings and appurtenances belonging thereto or usually
enjoyed therewith.
The condition of a building, or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, lacking structural maintenance, whether
interior or exterior.
Any room or group of rooms forming a single habitable unit
which includes or is intended to include living, sleeping, bathing,
toilet and cooking facilities.
Any building or premises, or part thereof, which may be lawfully
viewed by the public, or any member thereof, from a sidewalk, street,
alleyway, parking lot or from any adjoining or neighboring premises.
Those portions of a building which are exposed to public
view or the elements and the open space of any premises not occupied
by any building.
Animal, vegetable, and other organic waste, resulting from
handling, preparing, cooling and consumption of food or other products.[1] (See also definitions of "refuse" and "rubbish" in this
section.)
A room occupied by one or more persons for living, eating
or sleeping, but not including bathrooms, laundries, serving and storage
pantries, corridors, foyers, vestibules, cellars, boiler and utility
rooms or spaces that are not used frequently or for an extended period
of time or areas that have less than 50 square feet of floor area.
The presence of insects, rodents, vermin or other pests on
or within the premises.
Any building containing two or more dwelling units and also
having a portion thereof devoted to nonresidential uses. The applicable
provisions for residential and nonresidential buildings shall control.
Refers only to the nondwelling use of a mixed-occupancy building.
Any public nuisance known at common law or in
law or equity jurisprudence or as provided by the statutes of the
State of New Jersey or the ordinances of the borough.
Physical conditions dangerous to human life
or detrimental to health of persons, including but not limited to
any inadequately protected well, shaft, basement or excavation; abandoned
motor vehicle; structurally unsound fence, wall or building; lumber,
trash, debris or vegetation, such as poison ivy, poison oak, poison
sumac or ragweed; or other condition which is detrimental to the safety
or health of persons as well as anything which might constitute an
attractive nuisance to children.
Inadequate or unsanitary sewerage or plumbing
or heating facilities in violation of this code.
Fire hazards.
Electrical hazards.
Person or persons, including the owner having actual possession
of, and using a building or any part thereof.
Person who has charge, care or control of a building or premises,
or any part thereof, whether acting with or without the knowledge
and consent of the owner.
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 unit as owner or agent of the owner or
as executor, administrator, trustee, receiver or guardian of an estate
or as a mortgagee in possession regardless of how such possession
was obtained. Any person who is a lessee, sublessee or assignee of
all or any part of the building shall be deemed to be a co-owner with
the lessor and shall have joint responsibility over the portion of
the premises sublet or assigned by such lessee.
A lot, plot or parcel of land and any buildings located thereon,
including but not limited to sidewalks, yards and parking areas.
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to brush, weeds, broken glass,
debris of any description, garbage, rubbish, ashes, street cleanings,
dead animals, abandoned motor vehicles and solid market and industrial
wastes.
Any use or improvement, in whole or in part, of any premises
for or as a dwelling unit or dwelling units, whether or not that use
or improvement is permitted by this Code in the zoning district in
which the premises are located.
[Added 8-9-2017 by Ord. No. 17:10]
Combustible and noncombustible waste materials, excluding
garbage but including liquid commercial and industrial waste.
The deterioration, decay or damage caused by exposure to
the elements.
A.
All of the provisions contained in this section shall
be applicable to both residential and nonresidential premises.
B.
Exterior of premises nuisances and hazards. The exterior
of any premises shall be kept free of refuse, nuisances and any hazards
to the safety of occupants, pedestrians and other persons utilizing
the premises and free of unsanitary conditions. It shall be the duty
of the owner or operator to keep the premises free of or remove, abate
and correct the premises against such conditions, which include, but
are not limited to the following:
(1)
Defective chimneys and flue and vent attachments thereto.
Chimney and flue and vent attachments thereto, if used, shall be maintained
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designed and
constructed. Chimneys, flues, gas vents and other draft-producing
equipment shall provide sufficient draft to develop the rated output
of the connected equipment, shall be structurally safe, durable, smoketight
and capable of withstanding the temperature and action of flue gases.
(2)
Unsafe exterior porches, landings, balconies, stairs
and fire escapes. In all buildings other than one family dwellings,
exterior porches, landings, balconies, stairs and fire escapes shall
be provided with banisters or railings properly designed and kept
structurally sound, in good repair, well painted or otherwise provided
with a protective treatment to prevent deterioration and kept free
from defects.
(3)
Overhangings. Loose, overhanging and projection objects
which by reason of location above ground level constitute dangers
to persons in the vicinity thereof.
(4)
Dangerous unsanitary conditions. Holes, excavations,
breaks, projections, icy conditions, uncleared snow, obstructions
and excretion of pets or other animals on paths, sidewalks, driveways,
parking lots and parking areas and other parts of the exterior of
the premises which are accessible to and used by persons having access
to such premises.
(5)
Recurring accumulation of storm waste. Adequate runoff
drains shall be provided and maintained in accordance with applicable
borough ordinances to eliminate recurrent accumulations of stormwater.
(6)
Sources of infestation.
(7)
Defective walls. Foundation walls and retaining walls
shall be kept structurally sound, free from defects and damage and
capable of sustaining imposed loads safely.
(8)
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 be so maintained as to not constitute a nuisance or a safety
hazard. In the event any such awning or marquee is not properly maintained
in accordance with the foregoing, it shall, together with its supporting
members, be removed forthwith. Where such awning or marquee is exposed
to public view, it shall be maintained in good condition and shall
not show evidence of excessive weathering, ripping, tearing or other
deterioration. Nothing herein shall be construed to authorize any
encroachment of an awning, marquee or its accompanying structural
members on streets, sidewalks or other parts of the public domain.
(9)
Sidewalks, driveways, etc. All, sidewalks, driveways,
walkways and entrance stairways shall be maintained in a safe condition,
such as will not constitute a hazard to persons using the premises.
(10)
Waterways and brooks, etc. All waterways, brooks,
drainage ditches and swales, to the extent that the same are located
on or immediately adjacent to the premises, shall be maintained free
of obstructions which would impede the natural flow of water.
C.
Repair and maintenance of exterior of premises. The
exterior of every building or accessory building (including fences)
shall be maintained in good repair. They shall be maintained free
of conditions reflective of extensive deterioration and subnormal
maintenance characterized by such conditions as numerous broken panes
of glass; openings unprotected by doors or windows; loose or missing
siding or roof coverings affecting 25% or more of the outside surface;
numerous instances of rotting wood or crumbling stones or bricks;
defective or inoperable leaders or gutters which permit water damage
to the property, to the end that the property itself may be preserved,
safety and fire hazards eliminated and the general welfare of the
neighborhood protected.
D.
Site plan. Whenever premises have been developed after
application to a board of the borough wherein a site plan application
has been approved, the owner shall be responsible for the continuing
maintenance of the premises, including but not limited to landscaping
and grading as per the approved site plan.
E.
Removal of refuse. If the owner or operator of any
lands or buildings in the borough shall fail or neglect to remove
refuse within 10 days after notice to remove same, in the manner and
within the time provided, the public officer may, in addition to such
other remedies provided herein, cause same to be removed by the borough.
In such cases, the public officer shall certify the cost thereof to
the Mayor and Council, which shall examine the certificate and, if
found correct and reasonable, shall by resolution approve the cost
as shown thereon to be charged against said lands. The amount so charged
shall become a lien upon such lands and shall be added to and become
and form part of the taxes next to be assessed and levied upon such
lands, the same to bear interest at the same rate as taxes, and shall
be collected and enforced in the same manner as are taxes.
A.
All residential and nonresidential buildings and premises.
All parts of all premises shall be kept free of nuisances or other
conditions which may constitute health, safety or fire hazards. The
owner, operator or occupant of every building and its premises shall,
along with other responsibilities necessary to attain these objectives:
(1)
Maintain all parts of premises to prevent infestation.
(2)
Not store on the premises flammable, combustible or
explosive materials unless they are of a type approved for storage
by municipal regulations and then only in such quantities and in such
fireproof storage containers as may be prescribed by the Fire Marshal.
(3)
Provide at least one twenty-gallon watertight receptacle
with a tight-fitting cover or equivalent in total gallonage for each
dwelling unit for the temporary storage of garbage. These containers
shall be placed or kept on the property not nearer to the street than
the building line, accessible for private or municipal collection.
Privately collected garbage shall be collected at least twice a week.
(4)
Place rubbish and receptacles containing same in areas
designated by the public officer of the Department of Public Works
for collection. Rubbish shall not be placed in such designated areas
earlier than 5:00 p.m. of the day prior to scheduled collections,
and the empty receptacles shall be removed to areas not exposed to
public view within 12 hours after the collection. Under unusual circumstances,
such as the need to move heavy items when required personnel are available,
certain items may be placed in the designated area earlier than the
time prescribed above. The frequency and duration of such exceptions
shall be kept to a minimum, and repeated abuse of this exception will
be considered a violation.
B.
No person, including any owner, occupant, visitor, licensee, social
or business guest, contractor, or trespasser, may park or store any
motor vehicle on any part of a residential premises that is not paved
or improved with gravel or pavers (except grass pavers) suitable for
motor vehicle parking areas, including all unimproved front, side,
and rear yards, driveways, or parking areas.
[Added 8-9-2017 by Ord. No. 17:10]
In addition to the standards and regulations
set forth in this chapter, which standards and regulations are incorporated
by reference in this section as if set forth at length herein, the
following additional standards and regulations shall apply to mixed-occupancy
buildings and premises:
A.
Storage of commercial and industrial material. There
shall not be stored or used at a location exposed to public view equipment
and materials relating to commercial or business uses.
B.
Standards of maintenance. The exterior of mixed-occupancy
buildings and premises shall be maintained so that the appearance
thereof shall not constitute a blighting effect upon the neighboring
properties nor an element leading to a progressive deterioration and
downgrading of neighboring properties.
C.
Signs and billboards. All permanent signs and billboards
exposed to public view permitted by borough ordinance and regulated
by the Sign Ordinance[1] or other regulations shall be maintained in good repair.
Any sign or billboard which has weathered excessively or faded or
the paint on which has excessively peeled or cracked shall, with its
supporting members, be removed forthwith or put into a state of good
repair. All nonoperative or broken electrical signs shall be repaired
or shall, with their supporting members, be removed forthwith. All
campaign or garage sale signs shall be removed after the event or
sale.
D.
All windows exposed to public view shall be kept clean
and free of marks and foreign substances. Except when used for display
purposes, no materials, stock or inventory shall be permitted in window
areas exposed to public view unless such areas are first screened
by drapes, venetian blinds or other means of making the windows opaque.
All screening of interiors shall be maintained in a clean and attractive
manner and in a good state of repair.
E.
Repair and painting of exteriors of buildings. All
storefronts and the exteriors of all mixed-occupancy buildings shall
be kept in good repair, painted where required or otherwise provided
with protective treatment sufficient to prevent deterioration and
shall not constitute a safety hazard or nuisance.
A.
Certificates. Certificates of occupancy and inspections in connection therewith shall be governed by Section 98-5 of this Code.
B.
Occupancy pending repairs.
(1)
If in the opinion of the public officer, only minor
violations are found to exist after inspection, a new occupant may
be permitted to conditionally occupy the premises. Where a premises
is occupied prior to the issuance of an inspection certificate, the
owner or operator shall make required repairs within 15 days after
certified mailing or delivery of written notification from the public
officer. Such occupancy, however, shall at all times be subject to
the issuance of the inspection certificate.
(2)
Where occupancy has been permitted under this provision,
the owner or operator shall obtain a signed statement from the occupant
acknowledging that such occupancy is subject to an inspection certificate
and granting permission to the public officer to enter into the premises
at a later date for the purpose of reinspection.
[Amended by Ord. No. 96-0-22]
A.
Public officer. The Borough Council shall designate
the public officer who shall serve for a term of one year to exercise
the powers prescribed by this code and by the laws of the state. The
public officer may appoint or designate such other public officials
or employees of the borough or appropriate experts who have such background
and training necessary to perform such of his functions and powers
under this code as he deems necessary for its enforcement. The public
officer may be the Construction Official.
B.
Inspections. All nonresidential premises within the
borough covered by this code shall be subject to inspection from time
to time by the public officer to determine the condition thereof in
order that he may perform his duty of safeguarding the health and
safety of the persons occupying the same and of the general public.
For the purpose of making such inspections, the public officer is
hereby authorized to enter, with the express consent of the occupant,
examine and survey at all reasonable times all such premises; provided,
however, that entries are made in such a manner as to cause the least
possible inconvenience to the persons in possession.
C.
Search warrant. If the public officer is denied the
right of inspection he may, upon affidavit establishing good cause,
apply to the Municipal Court or such other court of competent jurisdiction
for a search warrant to permit entry into the premises in question.
D.
Notice and hearing where violation discovered.
(1)
Where a violation of this code is found to exist or upon petition of at least five borough residents and investigation by the public officer, a written notice from the public officer shall be served on the person or persons responsible for the correction thereof. Notice of violations of property maintenance, building, or other property codes for any property declared vacant and abandoned pursuant to this chapter will be given to a foreclosing creditor pursuant to the procedures of § 177-15 of this Code.
[Amended 12-30-2015 by Ord. No. 15:19]
(2)
The notice shall specify the violation or violations
committed, what must be done to correct or abate same, a reasonable
period of time not to exceed 30 days to make such corrections, the
right of the person served to request a hearing and that the notice
shall become an order of the public officer 10 days after the service
unless a hearing is requested pursuant to this section. The thirty-day
time limit set forth herein shall not be effective where specific
times limits are set forth in other sections of this code.
(3)
Notice may be served personally on an owner, operator or occupant or agent for the owner or operator as set forth in § 177-6 of this chapter. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place upon the premises where the owner or lessor cannot otherwise be served, pursuant to § 177-6. Where the notice is directed to an occupant, service may also be made by posting same on the door or entrance to the area he occupies.
(4)
Ten days from the date of service of a notice, the
notice shall constitute a final order unless any person affected by
the notice requests a hearing thereon and serves a written request
within the ten-day period in person or by mail on the public officer.
Such request for a hearing shall set forth briefly the grounds or
reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which are to be disputed
at the hearing. The public officer, upon receipt of the request, shall
within 30 days therefrom and upon five days' notice to the party aggrieved
set the matter down for hearing.
(5)
Hearing.
(a)
At any hearing required hereunder the Municipal
Court of Norwood shall conduct and decide issues presented to it.
Said hearing shall be conducted by the Judge of the Municipal Court
of Norwood.
(b)
The Municipal Court Judge shall be vested with
all the powers provided by law to compel the attendance of witnesses
and parties in interest by issuance and service of a subpoena, to
require by subpoena the production of books, records or other documents
at any such hearing which may be pertinent to matters to be determined
by it and to enforce any such subpoena or secure any other for the
enforcement of any such subpoena as provided by law. A determination
shall be made within 10 days from the completion of the hearing. The
Judge of the Municipal Court shall issue an order either incorporating
the determinations and directions contained in the notice, modifying
the same or withdrawing the notice.
(6)
The Judge of the Municipal Court, where necessary,
may extend the time for correction or abatement of the violations
for an additional period of time not to exceed 30 days, except where
major capital improvements or renovations are involved, in which instance
the time for completion may be extended for a period not to exceed
90 days beyond the expiration date of the original notice.
(7)
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 public officer may either abate
the violation or condition immediately or order the owner, operator
or occupant to abate the violation or condition within a period of
time not to exceed three days, and upon failure to do so, the public
officer shall abate the condition immediately thereafter.
(8)
Where abatement of any nuisance, as nuisance is defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to comply with the requirements of any municipal ordinances or state law applicable thereto requires expending borough moneys therefor, the public officer shall present a report of the work proposed to be done to accomplish the foregoing, or in the event of an immediate threat to life and limb as set forth in Subsection D(7) of this section, the work to be done shall be presented to the Mayor and Council with the cost, or an estimate of the cost thereof, as the case may be, along with a summary of the proceedings undertaken by the public officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearings and order of the Municipal Court Judge with reference thereto. The Mayor and Council may thereupon by resolution authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the borough and laws of the state. The public officer may thereafter proceed to have the work performed in accordance with said resolution at borough expense not to exceed the amount specified in the resolution, and shall upon completion thereof submit a report of moneys expended and costs to the Mayor and Council. After review of the same, Mayor and Council may approve said expenses and cost, and they shall become a lien against said premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced in the same manner as are taxes. A copy of the resolution approving said expenses and cost shall be certified by the Mayor and Council and filed with the Tax Collector, and a copy of this report and resolution shall be sent by certified mail to the owner.
A.
Public officer may act as custodian. In addition to other remedies provided herein where the public officer has issued an order requiring the abatement of the nuisance, correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to the ordinances of the borough and laws of the state applicable thereto, and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the public officer may, for the purposes of correcting any of the foregoing conditions, act as custodian of any building or structure and may, as custodian, enter into and take care of the premises and supervise the abatement of any nuisance, correction or defect or placing of the premises in compliance with municipal ordinances and state laws. For the performance of the duties of custodian, the borough shall receive for the services from the owner, operator and lessor of the premises compensation approved by the Mayor and Council not exceeding $5 a day per dwelling unit or $30 a week per dwelling unit in the premises, whichever is less, as costs and expenses, the same to be certified and collected as provided § 177-11D hereof.
B.
Appointment of receiver. Where the owner, operator
or lessor of the building violates this code or any other municipal
ordinance pertaining to said structure or fails to abate any violation
of this code, or violates an order of the public officer with respect
thereto, the Borough Attorney, upon resolution duly approved by the
Mayor and Council, shall commence action in the Superior Court seeking
appointment of the public officer as receiver ex officio of the rents
and income from said property. Said rents and income shall be collected
by the receiver and shall be expended and allocated to secure compliance
with the ordinances of the borough and laws of the state, as set forth
in the order of the public officer; and be utilized to defray such
costs and expenses of the receivership as may be adjudged by the Superior
Court; and be applied towards payment to the borough of any fines
or penalties with costs which may have been imposed on the owner,
operator or lessor for violation of the ordinances of the borough
and which have remained unpaid.
A.
Who may apply. Where any owner, operator or occupant
is required to make repairs or otherwise improve his property and
is unable to comply with this code without having right of access
to the building or premises through or across adjoining premises not
owned by him or under his control, and where right of access has been
refused the owner, operator or occupant, or where the owner or person
responsible for granting permission cannot be found or located, then
upon filing an affidavit setting forth the facts with the public officer,
the public officer shall serve a five-day written notice of hearing
in accordance with the provisions for service contained in this code
upon the owner, operator or occupant of any adjoining premises affected
by the application.
B.
Hearing. On the day fixed for hearing, the public
officer shall provide opportunity for the owner, operator or occupant
of the adjoining property or properties to state why access shall
not be granted across such adjoining properties.
C.
Issuance; bonds. If the public officer determines
that access is necessary to accomplish or complete repairs or improvements
necessary for compliance with this code, then the public officer shall
issue a certificate of necessity setting forth therein the person
or persons to whom the certificate shall apply, such conditions as
shall be necessary to protect the adjoining property, reasonable time
limits during which such certificate shall operate, precautions to
be taken to avoid damage and, where the public officer deems proper,
that a bond be procured at the expense, if any, of the person seeking
access to secure the adjoining property against damage to persons
or property arising out of such rights of access. The bond shall not
exceed in amount $25,000, and the amount set shall take into consideration
the extent, nature and duration of the repairs, the proximity of the
improvement on the premises affected and the potential risk of damage
thereto. The bond shall be filed with the public officer.
D.
Procedure where access refused. Any refusal to comply
with this section or any interference with access to premises pursuant
to a certificate issued hereunder shall be a violation of this code
and, in addition to the penalties provided hereunder, the public officer
may, upon affidavit, apply to the Municipal Court Judge for a warrant
under the procedure set forth in the application section of this code
authorizing access to the premises under appropriate conditions and
circumstances as provided above.
Any person who shall violate any of the provisions
of this code shall, upon conviction, be punished by a fine not to
exceed $500, plus any cost to the borough for enforcement of this
chapter, or by imprisonment in the County Jail for a period not to
exceed 90 days, or both such fine and imprisonment. Each violation
of any of the provisions of this code and each day the same is violated
shall be deemed and taken to be a separate and distinct offense.
[Added 12-30-2015 by Ord.
No. 15:19]
A.
Pursuant to the provisions of the Public Laws of 2014, Chapter 35,
N.J.S.A. 40:48-2.12s, a creditor filing a summons and complaint to
foreclose a lien on a vacant and abandoned residential property in
the Borough will be responsible for the care, maintenance, security
and upkeep of the exterior of the residential property in accordance
with the provisions of this chapter, whether the filing of the summons
and complaint is made before or after the determination that the property
is vacant and abandoned.
B.
If the public officer or other authorized municipal official determines that a creditor obligated to care for, maintain, secure and keep up a vacant and abandoned property has failed to comply with the provisions of § 177-15A, the public officer or other authorized municipal official will issue a notice of violation to the creditor that has filed a summons and complaint to foreclose the lien on the property in question. The notice will require the creditor 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 will constitute evidence that a property is vacant and abandoned for purposes of N.J.S.A. 2A:50-73.
C.
An out-of-state creditor will include the full name and contact information of its in-state representative or agent in the notice required to be provided to the Municipal Clerk pursuant to Paragraph (1) of Subsection (a) of N.J.S.A. 46:10B-51.
D.
Any person, firm, corporation, or entity violating any provision of this section will, upon conviction, be punishable as provided in § 177-14 of this Code, except that:
(1)
A creditor responsible for the care, maintenance, security, and upkeep of property under this section cited in a notice issued pursuant to § 177-15B will be subject to a fine of $1,500 for each day of the violation as found by a court of competent jurisdiction; and
(2)
An out-of-state creditor found by a court of competent jurisdiction to have violated § 177-15C is 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 Paragraph (1) of N.J.S.A. 46:10B-51 with respect to notifying the Municipal Clerk that an action to foreclose the lien on the property has been filed.
