Borough of Folsom, NJ Chapter 151 Property Maintenance

[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 6-11-2019 by Ord. No. 06-2019.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance repealed former Ch. 151, Property Maintenance, adopted 7-10-1980 by Ord. No. 141, as amended.

§ 151-1 Adoption of standards; copies on file.

A. A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Folsom, pursuant to N.J.S.A. 40:49-5.1 et seq., being marked and designated as the "International Property Maintenance Code, 2018 Edition," be and is hereby adopted as the Property Maintenance Code of the Borough of Folsom, County of Atlantic and State of New Jersey, for the control of buildings and structures as herein provided, and each of the regulations, provisions, penalties, and conditions of said Code are hereby adopted and made a part hereof as if fully set forth in this chapter.

B. Adoption of N.J.S.A. 40:48-2.3 through 40:48-2.7, attached hereto, for the control of unfit buildings in the Borough of Folsom, County of Atlantic and State of New Jersey, and each of the regulations, provisions, penalties, and conditions of said laws are hereby adopted and made a part hereof as if fully set forth in this chapter.

§ 151-2 Repealer; construal of repealer.

A. Borough of Folsom and any amendments thereto, which currently constitute Chapter 118 and Chapter 151 of the Code of the Borough of Folsom, New Jersey, are hereby repealed and are to be replaced by this chapter.

B. Nothing in this chapter or in the Property Maintenance Code adopted hereby shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Subsection A of this section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.

§ 151-3 References under New Jersey Administrative Code.

Any reference to the International Building Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Fire Code, International Fuel Gas Code or the ICC Electrical Code, including those listed in Chapter 8, shall be considered a reference to the appropriate adopted building, mechanical, plumbing, one- and two-family dwelling, fire protection, fuel gas, or electrical subcode, as adopted and amended by the New Jersey Administrative Code (N.J.A.C.) 5:23-3, or the Rehabilitation Subcode as adopted in New Jersey Administrative Code 5:23-6 as appropriate. Additionally, any references to the International Zoning Code shall be considered a reference to Chapter 170, Subdivision and Land Development, and Chapter 200, Zoning, of the Code of the Borough of Folsom.

§ 151-4 Amendments.

The Borough of Folsom may adopt any amendments, revisions or additions to the International Codes as may hereinafter be adopted by the entities formulating the same, and such amendments may be adopted and shall become effective upon the passage of an appropriate resolution of this governing body setting forth and adopting by reference such changes.

§ 151-5 Other standards.

Nothing herein shall be construed to prevent the Borough of Folsom from adopting more stringent standards for the maintenance of property, buildings and structures as may be deemed to be prudent and in the best interests of the citizens of the Borough of Folsom.

§ 151-6 Enforcement.

A. It shall be the duty of the Borough of Folsom Code Enforcement Officer or his/her authorized representative to enforce the provisions of the Property Maintenance Code as herein provided.

B. Any reference to "code official" in the International Property Maintenance Code, 2018 Edition, shall mean the Borough of Folsom Code Enforcement Officer.

C. Any reference to "public officer" in the Borough of Folsom Property Maintenance Code shall mean the Borough of Folsom Code Enforcement Officer.

§ 151-7 Violations and penalties.

[Amended 5-9-2022 by Ord. No. 06-2022]

A. Any person violating the provisions of the Property Maintenance Code of the Borough of Folsom, after having been convicted by any court of competent jurisdiction, shall be subject to the following penalties:

(1) For the first offense, a fine of not more than $750.

(2) For a subsequent violation, a fine of up to $1,000 and/or imprisonment up to 90 days.

B. Each day that a violation continues, after due notice has been given, shall be deemed a separate offense.

§ 151-8 Severability.

If any section, subsection, sentence, clause of phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.

§ 151-9 Renumbering.

The provisions of this chapter may be renumbered for purposes of codification.

§ 151-10 When effective.

This chapter shall take effect immediately upon final passage, approval and publication as required by law.

§ 151-11 Abandoned real property.

[Added 3-9-2021 by Ord. No. 02-2021; amended 8-9-2022 by Ord. No. 07-2022]

A. Purpose and intent. It is the purpose and intent of the municipality to establish a process to address the deterioration and blight of Municipality neighborhoods caused by an increasing amount of abandoned, foreclosed or distressed real property located within the municipality, and to identify, regulate, limit and reduce the number of foreclosure properties located within the municipality. It is the municipality's further intent to participate in the countywide registration program established by the Atlantic County Improvement Authority as a mechanism to protect neighborhoods from becoming blighted due to the lack of adequate maintenance and security of foreclosure properties.

B. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning.

ABANDONED REAL PROPERTY

Any real property located in the municipality, whether vacant or occupied, that has had a complaint filing, has had a lis pendens filed against it by the lender holding a mortgage on the property, is subject to an ongoing foreclosure action by the lender, or has been transferred to the lender under a deed in lieu of foreclosure. The designation of a property as "abandoned" shall remain in place until such time as the property is sold or transferred to a new owner, the foreclosure action has been dismissed, and any default on the mortgage has been cured.

ACCESSIBLE PROPERTY/STRUCTURE

A property that is accessible through a comprised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

APPLICABLE CODES

Includes, but not be limited to, the municipality's Zoning Code, the municipality's Code of Ordinances ("Municipality Code"), and the New Jersey Building Code.

BLIGHTED PROPERTY

(1) Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or

(2) Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or

(3) Properties cited for a public nuisance pursuant Municipality Code; or

(4) Properties that endanger the public's health, safety, or welfare because the properties or improvements thereon are dilapidated, deteriorated, or violate minimum health and safety standards or lacks maintenance as required by the Municipality and Zoning Codes.

ENFORCEMENT OFFICER

Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector or building inspector, or other person authorized by the municipality to enforce the applicable code(s).

FORECLOSURE

The legal process by which a mortgagee terminates a mortgagor's interest in real property either to obtain legal and equitable title to the real property pledged as security for a debt or to force a sale of said property to satisfy a debt. For purposes of this section, this process begins upon the service of a summons and complaint on the mortgagor or any interested party. For purposes of this section, the process is not concluded until the property is sold to a bona fide purchaser not related to the mortgagee in an arm's-length transaction whether by Sheriff's sale, private sale following a Sheriff's sale, or private sale following the vesting of title in the mortgagee pursuant to a judgment.

MORTGAGEE

The creditor, including, but not limited to, lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests, or obligations under the mortgage agreement, excluding governmental entities as assignee or owner.

PROPERTY MANAGEMENT COMPANY

A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.

VACANT

Any building or structure that is not legally occupied.

C. Applicability. These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather be an additional remedy available to the municipality above and beyond any other state, county or local provisions for same.

D. Establishment of a registry. Pursuant to the provisions of Subsection E, the municipality or designee shall participate in the Countywide registration program established by the Atlantic County Improvement Authority which catalogs each foreclosure Property within the municipality, containing the information required by this section.

E. Registration of foreclosure real property.

(1) Any mortgagee who holds a mortgage on real property located within the municipality of Folsom shall perform an inspection of the property to determine vacancy or occupancy, upon the commencement of foreclosure as evidenced by a foreclosure filing. The mortgagee shall, within 10 days of the inspection, register the property with the Division of Code Enforcement, or designee, on forms or website access provided by the municipality, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.

(2) If the property is occupied but remains in foreclosure, it shall be inspected by the mortgagee or his designee monthly and, within 10 days of that inspection, update the property registration to a vacancy status on forms provided by the municipality.

(3) Registration pursuant to this section shall contain the name of the mortgagee and the server, the direct mailing address of the mortgagee and the server, a direct contact name and telephone number for both parties, facsimile number and email address for both parties, the folio or tax number, and the name and twenty-four-hour contact telephone number of the property management company responsible for the security and maintenance of the property.

(4) A nonrefundable annual registration fee in the amount of $500 per property shall accompany the registration form or website registration.

(5) If the property is not registered, or the registration fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee equivalent to 10% of the annual registration fee shall be charged for every thirty-day period, or portion thereof, that the property is not registered and shall be due and payable with the registration.

(6) All registration fees must be paid directly from the mortgagee, servicer, trustee, or owner. Third-party registration fees are not allowed without the consent of the municipality and/or its authorized designee.

(7) This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

(8) Properties subject to this section shall remain under the annual registration requirement, and the inspection, security and maintenance standards of this section as long as they remain in foreclosure.

(9) Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.

(10) Failure of the mortgagee to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this section is a violation of the article and shall be subject to enforcement.

(11) Pursuant to any administrative or judicial finding and determination that any property is in violation of this section, the municipality may take the necessary action to ensure compliance with and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.

(12) Registration of foreclosure property does not alleviate the mortgagee from obtaining all required licenses, permits and inspections required by applicable code or state statutes.

(13) If the mortgage and/or servicing on a property is sold or transferred, the new mortgagee is subject to all the terms of this chapter. Within 10 days of the transfer, the new mortgagee shall register the property or update the existing registration. The previous mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee's involvement with the registrable property.

(14) If the mortgagee sells or transfers the registrable property in a non-arm's-length transaction to a related entity or person, the transferee is subject to all the terms of this chapter. Within 10 days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the mortgagee was at the time registration was required, including, but not limited to, unregistered periods during the foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration. The previous Mortgagee will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that Mortgagee's involvement with the registrable property.

F. Maintenance reouirements.

(1) Properties subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

(2) The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.

(3) Front, side, and rear yards, including landscaping, shall be maintained in accordance with the applicable code(s) at the time registration was required.

(4) Yard maintenance shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.

(5) Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.

(6) Pools and spas shall be maintained so the water remains free and clear of pollutants and debris and shall comply with the regulations set forth in the applicable code(s).

(7) Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with § 151-7 of the Borough of Folsom Code of Ordinances. Pursuant to a finding and determination by the municipality's Code Enforcement Officer/Board, hearing officer/Special Magistrate or a court of competent jurisdiction, the municipality may take the necessary action to ensure compliance with this section.

(8) In addition to the above, the property is required to be maintained in accordance with the applicable code(s).

G. Security requirements.

(1) Properties subject to these sections shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

(2) A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure must be repaired. Broken windows shall be secured by reglazing of the window.

(3) If a mortgage on a property is in default, and the property has become vacant or abandoned, a property manager shall be designated by the mortgagee to perform the work necessary to bring the property into compliance with the applicable codes), and the property manager must perform regular inspections to verify compliance with the requirements of this section, and any other applicable laws.

H. Public nuisance. All abandoned real property is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the municipality.

I. Penalties; schedule of civil penalties.

(1) Any person who shall violate the provisions of this section may be cited and fined as provided in § 151-7 of the Code of the Borough of Folsom and New Jersey Statutes. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the municipality Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant Municipality Code section(s) shall be examined.

Description of Violation	Civil Penalty
Failure to register abandoned real property on annual basis and/or any violation of the sections stated within.	$1,000

(2) Adherence to this section does not relieve any person, legal entity or agent from any other obligations set forth in any applicable code(s), which may apply to the property. Upon sale or transfer of title to the property, the owner shall be responsible for all violations of the applicable code(s) and the owner shall be responsible for meeting with the municipality's Code Enforcement Division within 45 days for a final courtesy inspection report.

J. Inspections for violations. Adherence to this section does not relieve any person, legal entity or agent from any other obligations set forth in any applicable code(s), which may apply to the property. Upon sale or transfer of title to the property, the owner shall be responsible for all violations of the applicable code(s) and the owner shall be responsible for meeting with the municipality's Code Enforcement Division within 45 days for a final courtesy inspection report.

K. Additional authority.

(1) If the enforcement officer has reason to believe that a property subject to the provisions of this section is posing a serious threat to the public health safety and welfare, the code enforcement officer may temporarily secure the property at the expense of the mortgagee and/or owner, and may bring the violations before the municipality's code enforcement board or code enforcement special magistrate as soon as possible to address the conditions of the property.

(2) The code enforcement board or hearing officer/special magistrate shall have the authority to require the mortgagee and/or owner of record of any property affected by this section, to implement additional maintenance and/or security measure including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures as may be reasonably required to help prevent further decline of the property.

(3) If there is a finding that the condition of the property is posing a serious threat to the public health, safety and welfare, then the code enforcement board or special magistrate may direct the municipality to abate the violations and charge the mortgagee with the cost of the abatement.

(4) If the mortgagee does not reimburse the municipality for the cost of temporarily securing the property, or of any abatement directed by the code enforcement board or special magistrate, within 30 days of the municipality sending the mortgagee the invoice then the municipality may lien the property with such cost, along with an administrative fee of $500 to recover the administrative personnel services.

L. Opposing, obstructing enforcement officer; penalty. Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the enforcement office in the discharge of duties as provided in this chapter shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.

M. Immunity of enforcement officer. Any enforcement officer or any person authorized by the municipality to enforce the sections here within shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this section.

§ 151-12 Rights retained by the municipality.

[Added 5-9-2022 by Ord. No. 06-2022]

A. Nothing in this chapter shall impair or limit the right, if any, of the Municipal Court to order the violator to make such repairs as are required by the code.

B. Nothing in this chapter shall restrict or limit the right of the Borough to seek such remedies as are necessary in order to effectuate compliance with said code through actions brought in courts of competent jurisdiction by the Borough.

C. Nothing in this chapter shall restrict the rights, where such exist, of the County Board of Health, the Construction Official or the Zoning Officer to cause a premises to be closed and vacated where authorization for such action appears in any ordinance or state law.

D. It shall be unlawful for any person to oppose, obstruct or resist any Borough of Folsom Building Official/Code Enforcement Official in the discharge of his or her duties as provided in this article.

E. Any Borough of Folsom/Code Enforcement Official shall be immune from prosecution, whether civilly or criminally, as the result of any reasonable, good faith trespass upon property while in the discharge of duties imposed by this section.

§ 151-13 Liens.

[Added 5-9-2022 by Ord. No. 06-2022]

A. A copy of the request for payment of the cost of abating a violation(s) shall be served on the violator at his or her last known address and the violator shall have 15 days from the receipt of the request within which to pay all costs described in the request. Service of the request for payment may be deemed to be properly served if a copy thereof is:

(1) Served personally;

(2) Sent by certified or first-class mail addressed to the last known address; or

(3) If the notice is returned showing the letter was not delivered, a copy posted in a conspicuous place in or about the property or structure affected by such notice.

B. In the event a violator fails or refuses to pay all costs incurred by the Borough that are associated with terminating or abating a violation, such costs will be imposed as a lien against the subject real property.

§ 151-14 Brush, trash, debris.

[Added 9-13-2022 by Ord. No. 09-2022]

A. Removal required. The Zoning Officer of the Borough of Folsom and anyone acting under his authority may require the owner or tenant of a dwelling lying with the Borough of Folsom, when necessary and expedient for the preservation of public health, safety or general welfare or to eliminate a fire hazard, to remove from such lands or dwelling brush, weeds (including ragweed), dead and dying trees, slumps, roots, obnoxious growth, filth, garbage, trash and debris.

B. Notice to remove. The Zoning Officer and anyone acting under his authority shall provide to the owner and/or tenant 10 days' written notice to remove or destroy same. In cases where the owner or tenant shall refuse and neglect to remove or destroy same in a manner within the time prescribed above, it shall be deemed a violation of this article.

C. Violations and penalties. The penalty for violation of any provision of this article shall be as set forth in § 151-7. Any such penalty shall in addition to the costs incurred in cutting and removing said brush, debris or other items. For the purposes of this article, each day in which said condition exists after the expiration of the notice shall be deemed or constitute a separate offense under this article, and separate complaints may be filed for each such offense.

D. Failure to remove; associated costs. In cases where the owner and/or tenant shall fail to remove said brush, weeds (including ragweed), dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris, the same must be removed within the direction of the Zoning Officer or his representative from the Borough of Folsom, said Zoning Officer or his representative shall certify the cost thereof to the governing body of the Borough of Folsom, which shall examine the certificate and if found correct, shall cause the cost as shown thereon to be charged against the property. The amount of said charge shall forthwith become a lien upon such lands and shall be added to and become in 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 by the Tax Collector in the same manner as taxes.