Township of Boonton, NJ Property Maintenance

Protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of all residential and nonresidential premises, lands and lots within the Township of Boonton.

Establish minimum standards governing all such lands, structures, yards, utilities, facilities and other conditions and components essential to making the aforesaid facilities fit for human habitation, occupancy and use.

Fix certain responsibilities and duties upon owners, operators, occupants, tenants, and other interest holders, whether distinct and separate.

Authorize and establish procedures for the inspection of residential and nonresidential premises.

Fix penalties for the violations of this code.

Provide for the right of access across adjoining premises.

Permit repairs.

BUILDING SERVICE EQUIPMENT

Provide for the repair, demolition or vacation of premises unfit for human habitation, occupancy, or use.

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.

§ 114-4 Definitions and word usage.

Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.

Terms defined in Part II, Chapter 62, of the Township's "Construction Codes, Uniform," and Part II, Chapter 54 of the Township's "Buildings, Unfit" Code. Where terms are not defined in this section and are defined in either Part II, Chapters 54 and 62 concerning "Construction Codes, Uniform," and "Buildings, Unfit," they shall have the meanings ascribed to them as in "Buildings, Unfit" and/or "Construction Codes, Uniform."

Terms not defined. Where terms are not defined under the provisions of this code or under the provisions of the Part II, Chapters 54 and 62 concerning "Construction Codes, Uniform" and "Buildings, Unfit," they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.

Meaning of certain words. Whenever the words "accessory structure," "building," "dwelling," "dwelling unit," "land," "lot," "structure," or "yard" 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."

The word "shall" is always mandatory and not merely directory. The word "shall" is always to be applied retroactively as well as prospectively.

Applied meaning of words and terms. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings indicated in this section:

ACCESSORY STRUCTURE

A building or structure, the use of which is customary and incidental to a principal or main building and is located on the same lot with such principal building or structure excluding, however, any structure which is attached to a principal building.

APPROVED

As applied to a material, device or method of construction, approved by the Building Inspector under the provisions of this code, or approved by other authority designated by law to give approval in the matter in question.

BASEMENT

A story, the floor of which is below grade and the ceiling of which is not less than four feet six inches above grade, and may also be referred to as a "cellar."

BATHROOM

An enclosed space containing one or more bathtubs, showers or both, and which may also include toilets, lavatories or fixtures serving similar purposes.

BEDROOM

A room or space used or intended to be used for sleeping purposes.

BUILDING

A combination of materials, or part thereof, whether or not used for human habitation, and shall include any appurtenances belonging thereto or usually enjoyed therewith.

BUILDING CODE

The Building Code, latest edition and current accumulative supplement, officially adopted by the Township of Boonton, or such other code as may be officially designated by the legislative body of the Township for the regulation of the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.

The mechanical, electrical and elevator equipment, including piping, wiring, fixtures and other accessories, which provide sanitation, lighting, heating, ventilation and fire-fighting and transportation facilities essential for the habitable occupancy of the building or structure for its designated use and occupancy.

CODE ENFORCEMENT OFFICER

The official authorized by the Township to administer and enforce the Property Maintenance Code, and/or any building, construction, zoning or similar laws and this code, and/or his/or her duly authorized agent or subordinate.

CREDITOR

Consistent with Section 3 of P.L. 2008, N.J.R.S. 86 (N.J.S.A. 46:10B-38), a state chartered bank, savings bank, savings and loan association or any credit union, any person required to be licensed under the provisions of the New Jersey Residential Mortgage Lending Act (N.J.S.A. 17:11C-51 et seq.) and any entity acting on behalf of the creditor named in the debt obligation, including but not limited to, servicers.

CURRENTLY UNINSPECTED OR UNREGISTERED MOTOR VEHICLE

Any motor vehicle, moped, motorcycle, truck or trailer of which either the registration thereof or inspection marker thereof is 30 days overdue in accordance with the laws of the State of New Jersey.

DETERIORATION

The condition or appearance of any building, structure, yard or any unimproved land, or any part thereof characterized by holes, breaks, decay, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, weakness, disintegration, corrosion, loss of effectiveness, or neglect, lack of maintenance or excessive use.

DWELLING

Any building which was or is wholly or partly used or intended to be used for living or sleeping quarters by human occupants.

DWELLING UNITS

Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.

DWELLING, SINGLE-FAMILY

A building designed for and occupied exclusively by not more than one family.

DWELLING, TWO-FAMILY

A building designed for and occupied exclusively by not more than two families.

EXTERIOR PROPERTY AREAS

The open space and yards on the land and/or premises and/or on the adjoining land or premises under the control of the owners or operators of such land or premises, or any tenants and/or occupants thereof.

EXTERMINATION

The control and elimination of insects, rodents, vermin, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their breeding ground or food, by poison, spraying, fumigating or trapping or by any other approved pest-elimination methods.

FAMILY

A group of persons living privately together and functioning as a single housekeeping unit, using certain rooms and cooking facilities in common, and whose relationship is of a permanent, stable and domestic character as distinguished from nonfamilial institutional uses, boarding homes, fraternities, sororities, clubs, associations, transient housing or other similar forms of housing. Nothing herein contained shall be construed to prevent members of a domestic partnership from living together, or the placement of foster children by the New Jersey State Board of Child Welfare or a duly incorporated child welfare agency with families living in a one-family zone district.

FIRE HAZARD

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. (See also "nuisance.")

GARBAGE

Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. Garbage shall also mean and refer to all "solid wastes" which the New Jersey Department of Environmental Protection has defined and identified by "waste ID number," including, but not limited to:

Household waste and refuse;

Rubbish;

Commercial waste which originates in wholesale, retail or service establishments, such as restaurants, stores, markets, theatres, hotels, and warehouses;

Institutional waste material originating in schools, hospitals, research institutions, or public buildings;

Industrial waste resulting from manufacturing, research and development processes and operations;

Dry and/or liquid sludge, sewage, and septic tank clean-out waste;

Processed or unprocessed construction and/or demolition waste and debris, including waste building material and rubble resulting from construction, remodeling, repair and/or demolition operations on houses, commercial buildings, pavements, roadways, bridges or other structures, such as treated and untreated wood scrap, plaster and wallboards, sheetrock, plastic, wood, ferrous and nonferrous metal, roofing materials, shingles, concrete, bricks, asphalt, blocks, pilings and other masonry, building insulation, plastic scrap, carpets and padding, glass windows and doors, cesspools, septic tanks and oil tanks, waste consisting of asbestos;

Unused construction materials exposed to the elements for such time to become decayed, rusted, rotted, or otherwise unusable;

(9)

Landscape and other vegetative waste, such as grass clippings, cut tree parts (except usable household firewood), cut brush, tree stumps, stockpiled leaves and tree waste processed through a wood chipper; and

(10)

Bulky waste such as appliances, discarded construction and/or landscaping equipment, furniture; discarded/inoperable motor vehicles, trucks, trailers, motorbikes, mopeds, motorcycles and off-road/all-terrain vehicles; discarded large vehicle parts, including tires.

HABITABLE SPACE

Space in a structure for living sleeping, eating, or cooking, but not including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, foyers, vestibules, heater rooms, boiler rooms, utility rooms, porches and similar areas.

HOTEL/MOTEL

Any building kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to transient or permanent guests, in which rooms are rented, furnished or unfurnished, including any room found to be arranged for or used for sleeping purposes, with or without meals, for the accommodation of such guests.

IMMINENT DANGER

A condition which could cause serious or life-threatening injury or death at any time.

INFESTATION

The presence, within or contiguous to a structure or premises, of insects, rodents, rats, vermin or other pests.

INOPERABLE MOTOR VEHICLE

Any motor vehicle which cannot be driven or moved upon the public streets for reason including but not limited to being unlicensed or unregistered; or any motor vehicle which cannot be driven or moved under its own power from place to place by reason of being in a state of disrepair, being wrecked, or by reason of having mechanical defects or inadequate equipment, including but not restricted to having one or more flat tires or the lack of having one or more tires; and which shall remain in such condition for a period of 14 days or more.

KITCHEN

Any room or part of a room used for cooking or the preparation of food.

MOTOR VEHICLE

An automobile, omnibus, bus, road tractor, trailer, truck, truck tractor or other vehicle defined in Chapter 1 of Title 39 of the Revised Statutes of the State of New Jersey, as amended (N.J.S.A. 39:1-1 et seq.); and "motor vehicle" shall also include motorcycles, motorbikes, motorized bicycles, mopeds, and off-road/all-terrain vehicles.

NEGLECT

The lack of proper maintenance or repair to the yards, land, building or structure.

NONHABITABLE SPACES

A space that is not a habitable room, including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, foyers, vestibules, heater rooms, boiler rooms, utility rooms, porches and similar areas.

NUISANCE

Any public nuisance known at common law or equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Township of Boonton.

Any attractive nuisance which may prove detrimental to the health and safety of persons, 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, refrigerators, motor vehicles, any structures, unsound structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak or sumac.

Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.

The overcrowding of a room with occupants in violation of this code.

Insufficient ventilation or illumination in violation of this code.

Inadequate or unsanitary sewerage or plumbing facilities in violation of this code.

Unsanitary conditions or anything dangerous to health in violation of this code.

PLUMBING and PLUMBING FIXTURES

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

(9)

Fire hazards.

OCCUPANCY

The purpose for which a building or portion thereof is utilized or occupied.

OCCUPANT

Any person living, sleeping or having actual possession of a business, dwelling unit or room unit, including a tenant, lessee, sublessee, subtenant, and/or holdover tenant as defined under the laws of the State of New Jersey.

OPENABLE AREA

That part of a window, skylight or door that is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR

Any person who has charge, care or control of a building, structure, and/or premises, whether with or without the knowledge and consent of the owner, including any property manager and/or a creditor that has instituted a proceeding in a court of law or equity to foreclose on such building, structure and/or premises.

OWNER

The owner or owners of record title to a premises, or lesser estate therein or a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, or their duly authorized agents.

PERSON

An individual, firm, corporation, association or partnership.

All of the following supplies, facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage-disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, vents and any other similar fixtures, together with all connections to water, sewer or gas lines and water pipes and lines utilized in conjunction with air-conditioning equipment.

PREMISES

A lot, plot or parcel of land, whether improved or unimproved, including the buildings or structures thereon. For the purposes of this code, a "vacant lot" shall be considered a lot. For the purposes of this code, "premises" shall also include the area between the sidewalk and the curb where applicable.

ROOM

Space in an enclosed building or space set apart by a permanent partition or partitions.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

RUBBISH

All combustible and noncombustible waste materials, including paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and the residue from burning wood, coal, coke or other combustible materials, solid market and industrial waste.

SEWAGE

Waste from a flush toilet, bathtub, sink, lavatory or dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.

STRUCTURE

That which is built or constructed, or any piece of work artificially built or composed of parts joined together in some definite manner, the use of which requires more or less permanent location on or in the ground. The word "structure" shall be construed as if followed by the words "or part thereof" and shall be construed to include a building or buildings.

SUPPLIED

Paid for, furnished or provided by or under the control of the owner or operator.

UTILITIES

Gas service and equipment therefor, electric service and equipment therefor and water supply, including hot water, and equipment therefor.

VACANT

Not occupied by an incumbent or possessor.

VACANT AND ABANDONED RESIDENTIAL PROPERTY

Consistent with Section 1 of P.L. 2010, N.J.R.S. 70 (N.J.S.A. 2A:50-73), a residential premises for which a notice of violation has been issued pursuant to this Code and Subsection b of Section 1 of P.L. 2014, N.J.R.S. 35 (N.J.S.A. 40:48-2.125). A residential premises 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 premises;

Disconnected gas, electric, or water utility services to the premises;

The accumulation of hazardous, noxious, or unhealthy substances or materials on the premises;

The accumulation of garbage, litter, trash or debris on the premises;

The absence of window treatments, such as blinds, curtains or shutters;

The absence of furnishings and personal property;

WATER CLOSET COMPARTMENTS

Statements of neighbors, delivery persons, or government employees indicating that the residential premises is vacant and abandoned;

(9)

Windows or entrances to the property that are boarded up or closed off, or multiple window panes are damaged, broken and unrepaired;

(10)

Doors to the property are broken off, smashed through, unhinged or continuously unlocked;

(11)

A risk of 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;

(12)

A risk of collapse from damage to any portion of a building's structural system due from fire, flooding, explosion, extensive exposure to the elements, or an abandoned construction project;

(13)

An uncorrected violation of a municipal building, housing, property maintenance, construction or similar code during the preceding year, or an order by municipal authorities declaring the premises to be unfit for occupancy and to remain vacant and unoccupied;

(14)

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;

(15)

A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property; and/or

(16)

Any other reasonable indicia of abandonment.

VACANT LOT

See "premises."

WASHROOMS

Enclosed space containing one or more bathtubs, showers or both, and which shall also include toilets, lavatories or fixtures serving similar purposes.

Enclosed space containing one or more toilets which may also contain one or more lavatories, urinals and other plumbing fixtures.

WEATHERING

Deterioration, decay or damage caused by exposure to the elements.

WORKMANSHIP STATE OF MAINTENANCE AND REPAIR

Repairs, maintenance work, alterations, or installations which executed in a skilled manner, generally plumb, level, square, in line, undamaged and without marring adjacent work; and shall also mean any such repairs, maintenance work, alterations or installations caused directly or indirectly by the enforcement of this Property Maintenance Code, executed and installed in accordance with all applicable Federal, State and local laws, codes, ordinances and regulations, including but not limited the New Jersey Uniform Construction Code Act, the ordinances of the Township of Boonton, any generally accepted industry standards not otherwise preempted by applicable state and local law, and otherwise in accordance with the manufacturer's instructions.

YARD

An open unoccupied space on any lot, whether improved or unimproved, and such land extending in whole or in part, interrupted or uninterrupted, along the entire length of any adjacent right-of-way, public or private street or drive, or rear, sider or interior lot line.

§ 114-5 Owners, operators, and foreclosing creditors.

Owners, operators and foreclosing creditors shall have all the duties and responsibilities as described in this code and the regulations promulgated pursuant thereto, and no owner, operator and/or foreclosing creditor 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 a tenant, occupant and/or operator is also responsible therefor and in violation thereof.

§ 114-6 Occupants and tenants.

Occupants, including, but not limited to, tenants, lessees, subtenants, and/or holdover tenants shall have all the duties and responsibilities as described in this code, and all regulations promulgated pursuant thereto, and all occupants, tenants, lessees, subtenants, and/or holdover tenants 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 an owner, operator or foreclosing creditor is also responsible therefor and in violation thereof.

§ 114-7 Contract not to alter responsibility.

Unless expressly provided to the contrary in this code, the respective obligations and responsibilities of the owner, operator, and/or foreclosing creditor on one hand, and the occupant and/or 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 other parties.

§ 114-8 Compliance required, minimum standards; mixed, occupancy.

The provisions of this Code apply to all owners, operators, occupants, foreclosing creditors and any other holders of any interest in land and/or real property, whether improved or unimproved, lying within the boundaries of the Township of Boonton.

It shall be the duty and responsibility of all owners, lessors, tenants, lessees, occupants, operators, foreclosing creditors and/or any other holders of any interest improved or unimproved land and/or real property in the Township of Boonton to adhere to the provisions of this Code hereinafter set forth; and to keep and maintain such lands and real property, and all yards, buildings, dwellings, structures, and other improvements situated thereon, in good order and repair and free of any unsafe, unsanitary and/or nuisance conditions.

Every residential and nonresidential structure, and the premises on which it is situated in the Township, used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this code, whether or not such structure 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 structure or for the installation or repair of equipment or facilities prior to the effective date of this code.

This code establishes minimum standards for the initial and continued occupancy and use of all lots, yards, structures, dwellings, buildings and premises, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the structure, equipment or facilities contained therein, except when compliance is required by an applicable higher standard as provided in § 114-9.

Where there is mixed occupancy, residential or nonresidential, the use therein shall be nevertheless regulated by and subject to the provisions of this code.

§ 114-9 Higher standard to prevail.

In any case where the provisions of this code impose a higher standard than set forth in any other ordinance of the Township of Boonton 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 ordinance of the Township of Boonton or of the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.

§ 114-10 Existing remedies preserved.

Nothing in this code shall be deemed to abolish or impair existing remedies of the municipality, or its officers or agencies, relating to the removal or demolition of any structures which are deemed to be dangerous, unsafe or unsanitary.

§ 114-11 Enforcement authority.

It shall be the duty and responsibility of the Township Code Enforcement Officer, Construction Official and/or the Zoning Officer and/or their respective subordinates and other authorized agent(s) so designated by the Township to enforce the provisions of the Property Maintenance Code as herein provided (hereinafter referred to at times herein as the "code"). "Township Code Enforcement Officer," "Construction Official," and "Zoning Officer," when used throughout this chapter, shall also mean each of their respective subordinates and authorized agent(s) designated by the Township to assist the Township Code Enforcement Officer, Building Inspector, and/or Zoning Officer in the performance of such duties and daily responsibilities associated with the investigation and enforcement of the provisions of the Property Maintenance Code.

§ 114-12 Identification and conduct of inspectors.

Public officers and inspectors shall be supplied with official identification and, upon request, shall exhibit such identification when entering any structure or other part of the premises subject to this code. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to the occupants. They shall explain the purpose of their visit to the occupants.

§ 114-13 Coordination of inspectors.

Inspection of premises and the issuing of violations orders in connection therewith under the provisions of this code shall be the primary responsibility of the Township Code Enforcement Officer.

Wherever, in the opinion of the Township Code Enforcement Officer, it is necessary or desirable to have inspections of any condition by any other department, he shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders.

No order for correction of any violation under this code shall be issued without the approval of the Township Code Enforcement Officer, and it shall be the responsibility of that Township Code Enforcement Officer, before issuing any such order, to determine that it has the concurrence of any other department or official of the government concerned with any matter involved in the case in question.

§ 114-14 Inspections; right of entry; denial of entry.

When the Township Code Enforcement Officer believes or has reason to believe that violations of the provisions of this code exist, he/she shall make or cause to be made inspections to determine the condition of such suspect structures and premises in order to safeguard the safety and welfare of the public under the provisions of this code.

The Township Code Enforcement Officer is authorized to enter any structure, building or premises at any reasonable time for the purpose of performing his/her duties under this code in accordance with applicable law.

In the event permission to inspect any building, structure, or premises is denied or refused, the Township Code Enforcement Officer shall comply with the provisions of § 114-15 of this chapter.

§ 114-15 Issuance of search warrant when entry refused.

Where any public officer or duly appointed inspector is refused entry or access or is otherwise impeded or prevented from conducting an inspection pursuant to this code by the owner, operator or occupant of any premises, such public officers may, upon affidavit, apply to the Judge of the Municipal Court of the Township of Boonton for a search warrant. If the Judge is satisfied as to the matter set forth in said affidavit and if he finds that probable cause for issuance of the search warrant exists, he shall authorize the issuance of a search warrant permitting access to and inspection of the particularly described building in a particularly described area.

Probable cause permitting the issuance of the aforesaid search warrant may include but is not limited to the following:

The passage of time.

The nature of the building or buildings.

The condition of the entire area.

A valid public interest.

Belief that a nuisance is maintained.

Belief that a violation of this code is maintained through the observance of conditions from a public roadway or by accessing the premises of a neighboring property owner or occupant after obtaining the neighboring property owner or occupant's permission.

§ 114-16 Maintenance required; hazards enumerated.

All lands, lots, yards and premises, and the exterior of all structures, dwellings and buildings so situated thereon, shall be maintained and in good repair and condition, and at all times kept free of all nuisances, dangers or unsanitary conditions, and any other hazards to safety of any owners, occupants, other persons utilizing the premises, as well as to pedestrians, adjacent land owners/occupants and the public.

It shall be the duty of the owner, operator and occupant to keep all such land, lots, yards, premises, and the exterior of all structures, dwellings and buildings so situated thereon, free of nuisances, free of unsanitary conditions, free of hazards and dangerous conditions, or any combination thereof, which shall include but not be limited to the following:

Any conditions which constitute a nuisance, as defined in the code or at common law.

Accumulation of garbage, rubbish, brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, litter, sewage, trash, refuse and debris throughout the front, side and/or rear yards of any land, lot or premises.

Natural growth: dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating condition or storm damage, constitutes a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such condition.

The landscaping of all premises shall be properly maintained, with lawns, hedges and bushes kept trimmed and from becoming overgrown and unsightly.

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.

Ground surface hazards and unsanitary conditions: holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow and excretions of pets and other animals on paths, sidewalks, curbs, driveways and other parts of the premises which are accessible to and are used by persons on the premises.

The exterior of every dwelling, building, structure, accessory structure, and any improvements, including fences, roofs and gutters shall be maintained in good repair and condition, and free of the accumulation of garbage, so as to not become unsightly or otherwise become a blighting condition to the surrounding neighborhood. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance, to the end that the property itself may be preserved, safety and fire hazards eliminated and the adjoining properties and the neighborhood protected from blighting influences.

VACANT AND ABANDONED PROPERTY

The exterior surfaces of every dwelling, building, structure, accessory structure, and any improvements, including fences, roofs and gutters shall be kept painted, when necessary, for the purpose of preservation and appearance, and so as to not become unsightly to the surrounding neighborhood.

The Township Code Enforcement Officer shall be empowered to inspect and notify the owners, operators, and/or occupants of such lands and dwellings and buildings so situated thereon of any violation of this section. Any such nuisances, dangerous or unsanitary conditions and such other hazards shall set forth herein, upon notice, shall be promptly removed and abated by the owner, operator, and/or occupant thereof.

§ 114-17 Maintenance of structural soundness.

Every structure and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards, including but not limited to the following:

Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.

Basements and cellars. Basements, cellars and crawl spaces of rented or commercial buildings are to be kept free of accumulations of water resulting from seepage. Pumps shall be required where necessary to prevent accumulations of moisture and dampness.

Chimneys and all flue and vent attachments. Chimneys, and all flue and vent attachments thereto, shall be maintained structurally sound, free from defects and so maintained as to perform capably at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft-producing equipment shall provide sufficient draft to develop the rated output, and the connected equipment shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.

Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound and in good repair and free from defects. This provision shall not apply to exterior porches which are less than three feet in height.

Floors, interior walls and ceilings of every structure used for human habitation or occupancy shall be structurally sound and maintained in a clean and sanitary condition. Floors and load-bearing walls shall be considered to be structurally sound when capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be free from danger of collapse.

Supporting structural members are to be kept structurally sound, free of deterioration and capable of bearing imposed loads safely.

Interior and exterior stairs of every structure shall be structurally sound and free from defects.

Every dwelling shall have heating facilities, and the owner shall be required to see that they are properly installed, safely maintained and in good working condition and that they are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein to a temperature of at least an average of 70° F. with an outside temperature of -10° F.

Central heating shall be required in all dwellings within the Township. No other mode of heating shall be permitted unless application for the approval thereof is made to the Building Code Official and a permit is issued therefore upon a finding that said facility is so designed and installed that it does not constitute a hazard to the safety of the occupants of the dwelling.

Every building and dwelling shall be properly connected to and be provided with electric power through safely insulated conduits conforming to the National Underwriters' Electrical Code.

Except as hereinafter stated, all wiring or cables shall be properly affixed or attached to the structure. Insulation shall be provided for all wiring and cables and shall be kept in good repair.

Maximum fuse sizes consistent with safety shall be posted conspicuously on the inside cover of all fuse boxes, and no fuse shall be installed therein in excess of the stated maximum. The overloading of circuits is prohibited.

§ 114-18 Weather and watertightness.

Exterior walls, roofs, windows, window frames, doors, door-frames, foundations, siding and other parts of a structure shall be so maintained as to keep water from entering the interior portions of a structure. Damage to any components and materials forming part of the structural system of any building must be promptly repaired and/or replaced. Places showing signs of rot, leakage, deterioration, or corrosion are to be restored and protected against weathering or seepage.

§ 114-19 Infestation to be prevented.

All parts of the premises shall be maintained so as to prevent infestation of vermin and insects.

Properly fitting screens in good repair shall be supplied for each movable exterior window of each rental dwelling unit. All such screens shall have a mesh of not less than No. 16.

§ 114-20 Parking and storage of vehicles; inoperable vehicles.

No inoperable or currently unregistered or uninspected motor vehicle shall be parked, stored or left on any property, except inside of a garage or enclosed building, for more than one week.

The parking of any motor vehicle by an owner, occupant or operator on the lawn of any residential property is strictly prohibited.

All vehicles must parked on an improved surface, either paved by asphalt or similar-type material or stone, approved as a parking area in accordance with the requirements of the Township Code.

§ 114-21 Signs and billboards.

All signs and billboards exposed to public view and permitted by reason of other regulations of the Township, or as a lawful nonconforming use, shall be maintained in good repair. Any signs which have become excessively peeled or cracked shall, with their supporting members, be removed forthwith or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.

§ 114-22 Reconstruction of walls and siding.

All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises fronts, such that the materials used will not be of a kind that by their appearance under prevailing appraisal practices and standards will depreciate the values of neighboring and adjoining premises as aforesaid.

§ 114-23 Service of notice of violation.

Notice of violation shall be served upon the owner of record, provided that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him personally or, if not found, by leaving a copy thereof at his usual place of abode with a person of suitable age and discretion, who shall be informed of the contents thereof, or by sending a copy thereof by certified mail to his last known address or, if the letter with the copy is returned, showing that it has not been delivered to him, by posting a copy thereof in a conspicuous place in or about the structure affected by the notice.

§ 114-24 Notice requirements.

Whenever the Township Code Enforcement Officer determines that there has been or is a violation or that there are reasonable grounds to believe that there has been or is a violation of any provision of this code, he shall give notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall:

Be in writing.

Include a description of the real estate sufficient for identification.

Specify the violation which exists and the remedial action required.

Specify a reasonable time, not to exceed 30 days, in which the violation or violations shall be abated, corrected or eliminated. The said thirty-day period may be extended for an additional 30 days by the Building Inspector for good cause.

State the penalty for violation of this chapter.

§ 114-25 Right to appeal.

Any owner or person feeling aggrieved by the ruling or decision of the Code Enforcement Officer directing or ordering an alteration, correction or elimination of a violation of this code shall be entitled to file an appeal to the Township Committee for a hearing seeking a review of any such order or direction by the Code Enforcement.

Applications for a hearing must be submitted in writing to the Township Committee within 10 days after receipt of such an order from the Code Enforcement Officer.

The Township Committee shall then schedule a hearing as to the appeal within 90 days of the Township Committee having received the application for a hearing.

At the conclusion of such hearing, the Township Committee shall either affirm the order of the Code Enforcement Officer, set aside the order if a violation is found not to exist, or it may increase the time specified by the order for the correction of the violation determined to exist.

§ 114-26 Prosecution of violations.

In case any violation order is not promptly complied with, the Code Inspector may request the Township Attorney to institute an appropriate action or proceeding at law or in equity against the person responsible for the violation, ordering him to:

Restrain, correct or remove the violation or refrain from further execution of work;

Restrain or correct the erection, installation or alteration of such structure;

Require the removal of work in violation;

Prevent the occupation or use of the structure, or part thereof, erected, constructed, installed or altered in violation of or not in compliance with the provisions of this code, or in violation of a plan or specification under which an approval, permit or certificate was issued; and/or

Enforce the penalty provisions of this code.

§ 114-27 Violations and penalties.

Any person(s), firm(s) or corporation(s) found in violation of any provision(s) of this code shall be guilty of a disorderly persons offense, punishable by imprisonment for not more than 90 days, and/or shall be subject to a civil fine and penalty not exceeding $2,000, or both.

Each and every day any building, structure or land remains in violation of the provisions of this code after the deadline for compliance set forth in the notice of violation issued by the enforcing officer(s) shall be considered a continuing violation punishable as a separate and distinct offense and subject to a separate civil fine and penalty for each and every day the violation continues.

The Municipal Court or Superior Court shall have jurisdiction to hear and decide any action(s) brought to enforce the provisions of this code, the hearing for which shall be conducted in a summary manner pursuant to N.J.S.A. 2B12-16a, and any final order imposing fines and penalties for a violation of this code shall be enforceable in the Municipal Court or Superior Court and collectible as a lien against the property of the violator in accordance with the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 to -12.

§ 114-28 Filing of report with governing body.

If, within the time permitted, the owner shall fail to abate any nuisance, violation, correct the defect or defects or put the premises in proper condition so as to comply with the requirements of the provisions of this Code, any and state laws, or any conditions of approval received from any board or agency of the Township, after notice thereof and opportunity to do so as provided elsewhere in this chapter, the Township Code Enforcement Officer shall forthwith file a report with the governing body of the Township of Boonton, which said report shall set forth in detail the condition or conditions constituting the nuisance or the defect or defects and shall contain a copy of the notice served upon the owner and the date and the manner thereof and a certification that such condition or conditions still exist.

§ 114-29 Hearing resolution to abate; expenditure of municipal funds.

Upon the filing of the report by the Township Code Enforcement Officer, a hearing shall be held upon at least five days' notice to the owner, served in the same manner as is provided elsewhere. After completing such hearing, the Township Code Enforcement Officer shall submit a report of his findings and recommendations to the Township Committee. If it is of the opinion that such action is in the public interest, the governing body may adopt a resolution in the public's interest to abate the nuisance, to correct the defect or defects or to put the premises in proper condition so as to comply with the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Township, at the cost and expense of the owner.

The governing body may, by such resolution, also authorize the expenditure of municipal funds and fix the amount thereof for the purpose of correcting such conditions, and, in such cases where the nuisance or defect falls within a category for which there is statutory authority for the creating of a tax lien, such expenditure shall be charged against the premises, and the amount thereof shall be a lien collectible as provided in this chapter.

§ 114-30 Appointment of custodian.

Whenever a resolution shall have been adopted pursuant to the authority granted in this chapter, the governing body may appoint a custodian of any such building or structure on behalf of the Township, who may be an officer of the Township or any other person specially designated to enter into and take charge of the premises and supervise the abatement of the nuisance, the correction of the defect or defects or the maintenance of the premises in a proper condition so as to conform to the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Township. All costs and expenses of the custodian shall be charged against the premises and collectible as provided in this chapter.

§ 114-31 Records regarding costs of abatement.

The person or persons authorized to undertake the abatement of the nuisance, the correction of the defect or defects or the maintenance of the premises in a proper condition, so as to conform to the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Township, shall keep an accurate record of the cost and expenses thereof and, upon completion of the work, shall certify a detailed statement of all of said costs and expenses to the governing body.

The governing body shall thereupon examine the statement and, after hearing upon at least seven days' notice to the owner, which notice shall include a copy of said actual statement, may adopt and confirm the same with or without alterations and shall cause the cost to be charged against the premises.

In such cases where the costs charged fall within a category for which there is statutory authority for the creation of a tax lien, the amount so charged shall forthwith become a lien upon the premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such premises, and such amount shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 114-32 Appointment of receiver.

In the event that the owner of a building or structure shall violate any of the provisions of this chapter or shall fail to abate a condition harmful to the health and safety of all occupants of the building or structure and the general public in the Township of Boonton, after notice and opportunity to do so, the Township Code Enforcement Officer may, by and with the approval of the governing body, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income of such real property and expend the same for the purpose of abating said conditions. Said rents and income so collected by said receivers shall also be available for the payment of such costs and expenses of the receivership as may be adjudged by the Court and for the payment of the Township of Boonton of any fines or penalties which may have been imposed on the owner for violation of this chapter and which have not been paid.

§ 114-33 Designation of mortgagee as receiver's agent.

Upon appointment, the receiver, by and with the approval of the governing body, in all cases where the real property in question is encumbered by a first mortgage, if such mortgagee is a proper person and is willing to accept such appointment as the receiver's agent to collect the rents and income from such real property and manage the same, and in all other cases, the receiver, by and with the approval of the governing body, may designate the person in charge or management of such real property, or some other competent person, as the receiver's agent to collect the rents and income from the same, which mortgagee or other person shall account promptly to the receiver the rents and income collected; provided, however, that if the mortgagee or other person so designated is derelict in collecting or accounting for such rents and income or in the management of such real property, the receiver shall apply to the Court for the removal of such designated mortgagee or other person, upon notice in writing to him, and the Court, upon removing such designated mortgagee or other person, in its discretion, may designate another person to collect the rents and income from such real property and manage the same and account to the receiver for the rents and income of such real property as aforesaid.

Article II Vacant and Abandoned Properties

[Adopted 9-12-2022 by Ord. No. 912]

§ 114-34 Definitions.

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:

CREDITOR

A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose upon the residential or commercial mortgage changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor for purposes of this section. For purposes of this section, a creditor shall not include the state, a political subdivision of the state, a state, county, or local government entity, or their agent or assignee, such as the servicer.

RESPONSIBLE PARTY

The title holder of a vacant and abandoned property or a creditor responsible for the maintenance of a property.

STREET ADDRESS

An address at which a natural person who is the responsible party or an authorized agent actually resides or actively uses for business purposes, and shall include a street name or rural delivery route.

Any residential or commercial building which is not legally occupied by an owner, a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, and two or more of the conditions in 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, delivery persons, or government employees indicating that the property 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 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 a mortgagor expressing the clear intent of all mortgagors to abandon the property; or

Any other reasonable indicia of abandonment.

§ 114-35 Property Registration Program.

Purpose. The purpose of this section is to create a Township Property Registration Program for the purposes of identifying and monitoring vacant and abandoned residential and commercial properties within the Township.

Responsibilities. The Township Property Registration Program shall be responsible for regulating the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential and commercial on an annual basis.

Official. The Township Clerk shall be responsible for administration of the Township Property Registration Program.

§ 114-36 Certificate of registration for vacant and abandoned property.

The responsible party for a vacant and abandoned property shall file a certificate of registration with the Clerk of the Township within 90 days after the property becomes vacant and abandoned or within 30 days after the responsible party assumes ownership of or responsibility for an already vacant and abandoned property, whichever is later.

The certificate of registration shall be filed on forms prescribed by the Clerk and shall contain:

The name, street address, and telephone number of a natural person who resides or maintains an office within the state and who is either the responsible party or an authorized agent designated by the responsible party to receive notices and complaints of property maintenance and code violations on behalf of the responsible party;

The name, street address, and telephone number of the person responsible for maintaining the property, if different; and

Evidence of any liability insurance.

A responsible party for a vacant and abandoned property shall file an amended certificate of registration within 30 days after any change in the information required to be included thereon.

A certificate of registration shall remain valid for one year and shall be renewed on an annual basis if the property remains vacant and abandoned.

An annual fee of $250 for a certificate of registration for a vacant and abandoned property shall be paid to the Clerk.

If there is an outstanding property maintenance or code violation on a vacant and abandoned property that remains unabated at the time of renewal, the responsible party shall pay an additional fee of $500.

If there is an outstanding property maintenance or code violation on a vacant and abandoned property that remains unabated at the time of a subsequent renewal, the responsible party shall pay an additional fee of $750.

§ 114-37 Duties of responsible party.

Forty-five days after the Township notifies the responsible party that the property is vacant and abandoned and until the property is reoccupied, the responsible party for a vacant and abandoned property, shall:

Enclose and secure the property against unauthorized entry;

Post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the responsible party, any authorized agent designated by the responsible party for the purpose of receiving service of process, and the person responsible for maintaining the property if different;

Acquire and otherwise maintain liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property.

This section shall not be construed to diminish any property maintenance responsibilities of property owners who are not subject to the provisions of this section.

§ 114-38 Residential or commercial foreclosures.

The creditor filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the municipality pursuant to N.J.S.A. 46:10B-51 register the residential or commercial property with the Township's Property Registration Program as a property in foreclosure.

Registration as a property in foreclosure. The creditor must provide the municipality with:

The information pursuant to § 114-36B;

The date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and

Identify whether the property is vacant and abandoned in accordance with the definition in § 114-34; and

If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to register pursuant to the Property Registration Program following the filing of the summons and complaint, the creditor shall update the Property Registration Program within 10 days of the change in that information; and

If there is any change in the property's status, update the property registration with Township's Property Registration Program to reflect the change; and

If the creditor is located out-of-state, the information of an in-state representative or agent to act for the foreclosing creditor.

The creditor filing a summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the Property Registration Program.

A foreclosed property is considered vacant and abandoned if it meets the definition in § 114-34.

In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, 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.

Fees. The creditor will pay an annual registration fee of:

$500 per property annually for any property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor.

An additional $2,000 per property annually if the property is vacant or abandoned when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to the definition in this chapter at any time thereafter while the property is in foreclosure.