[Adopted 10-27-1993 by Ord. No. 93-30 as
Ch. 177 of the 1993 Code]
The purposes of this article are:
A.
To provide for the public, health, safety and welfare.
B.
To avoid, prevent and eliminate the maintenance and
creation of hazards to the public health and safety.
C.
To avoid, prevent and eliminate conditions which,
if permitted to exist or continue, will depreciate or tend to depreciate
the value of adjacent or surrounding properties.
D.
To prevent the creation, continuation, extension or
aggravation of blight.
E.
To preserve property values in the Township.
F.
To prevent the physical deterioration or progressive
downgrading of the quality of residential dwellings in the Township.
G.
To maintain the value and economic health of the commercial
properties and business that serve and help to support the Township
and its citizens.
H.
To prevent and eliminate physical conditions in or
on property which constitute nuisances and are thereby potentially
dangerous or hazardous to the life, health or safety of persons on
or near the premises where such conditions exist.
I.
To establish minimum standards governing the maintenance
and condition of lands, buildings, structures and premises in the
Township.
J.
To fix responsibilities and duties therefor upon owners,
lessees, operators and occupants of property.
K.
To provide for administration and enforcement.
L.
To fix penalties for the violation of this article.
For the specific purposes of this article, the
following terms, whenever used herein or referred to in this article,
shall have the respective meanings assigned to them hereunder unless
a different meaning clearly appears from the context:
To cover, mark, write on, paint, color or otherwise mar,
disfigure or draw whatsoever on any private or public property of
any nature, without the express consent of the owner.
[Added 10-11-2006 by Ord. No. 2006-17]
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto and the open land space
of any premises outside of any building or structure erected thereon.
Any form of inscription, word, figure, marking or design
that is marked, etched, scratched, drawn down or painted on any building,
structure, fixture or other improvement, whether permanent or temporary,
on public or private real or personal property without the permission
of the owner.
[Added 10-11-2006 by Ord. No. 2006-17]
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New Jersey, its governmental agencies or the ordinances of
the Township.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of premises where such condition exists.
Any person residing, living or sleeping in or on the premises
or having actual possession, use of occupancy of a dwelling premises
or unit or operating a business therein, or any person or entity in
possession of or using any premises or party thereof, whether or not
the owner thereof and regardless of the duration of time of such possession,
use or occupancy.
Any person, persons or entity not the owner, who has charge,
care or control of a dwelling or premises or a part thereof, with
or without the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof or who shall have
charge, care or control of any lot, premises, building, structure
or part thereof, as owner or agent of owner, or as a fiduciary, trustee,
receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lease of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purposes of this article and
shall have responsibility over the portion of the premises so sublet,
leased or assigned.
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the buildings or structures thereon.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage; trash, ashes; paper, paper goods and products;
wrappings; cans; bottles; containers; yard clippings; garden refuse;
brush and containers of waste materials, chemicals or oil other than
garbage containers used and intended to be picked up in the normal
weekly scavenger collection service; debris; junk; glass; boxes; crockery;
wood; mineral matter; plastic; rubber; leather; furniture; household
goods; appliances; fixtures; bedding; scrap lumber; scrap metal; construction
material; inoperable machinery or parts thereof; dead or rotting vegetation;
excluding compost piles which are not otherwise prohibited in this
article; abandoned, inoperative, unused or unusable automobiles and
vehicles, or parts or components of automobiles, motor vehicles, motorcycles
or vehicles of any kind, and solid commercial or industrial waste.
Every residential building, structure, lot and
the premises or part of the premises on which it is situated in the
Township, previously or presently used or intended to be used for
dwelling and uses accessory thereto, shall comply with the provisions
of this article whether or not any such building or structure shall
have been constructed, altered or repaired before or after the enactment
of this article and irrespective of any permits or licenses which
may have been issued for the use or occupancy of such building or
for the installation or repair of equipment or facilities prior to
the effective date of this article. Vacant lots, lands and premises
are also required to comply with the provisions of this article.
In any case where the provisions of this article
impose a higher or stricter standard than set forth in any other ordinance
or regulation of the Township of Manalapan or under the laws or regulations
of the State of New Jersey or any of its agencies, then the standards
as set forth herein shall prevail, but if the provisions of this article
impose a lower or lesser standard than any other regulation or ordinance
of the Township of Manalapan or the laws and regulations of the State
of New Jersey or any of its agencies, then the higher standard contained
in any such other ordinance, regulation or law shall prevail.
Compliance with this article shall not constitute
a defense against any violation of any other ordinance of the Township
applicable to any structure or premises, nor shall any one act of
compliance constitute a defense against any subsequent or other violation
of this article.
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this article,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder nor be entitled to assert as a defense
against any charge made against him or them for violation of this
article, the fact that another owner, operator or occupant or any
other third person or entity is also responsible therefor and in violation
thereof.
Any alterations to buildings, structures or
appurtenances thereto, or changes of use therein, which may be caused
directly or indirectly by the enforcement of this article, shall be
done in accordance with all applicable sections of the Uniform Construction
Code of the Township.[1]NOTE
Nothing contained in this article or any requirement
of compliance herewith shall be deemed to alter, impair or affect
the application of the Zoning Ordinance or zoning laws of the Township.[1]
Nothing contained in this article or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of Article I, Commercial and Industrial Properties, of this chapter
Nothing in this article 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 buildings or
structures which are deemed to be dangerous, unsafe and unsanitary.
In furtherance of the purposes of this article,
it shall be the duty and responsibility of the owner, operator or
occupant of premises to comply with any or all of the requirements
and standards of this article, to keep the premises free of conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions.
A.
The exterior of all premises shall be kept free of
the following matter, materials and conditions:
(1)
Refuse, as hereinabove defined.
(2)
Rubbish, as hereinabove defined.
(3)
Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(5)
Structurally unsafe or unsound buildings, structures
or fences or parts thereof.
(6)
Rodents, vermin, pest infestation or rodent harborages.
(7)
Animal excrement piles or manure piles within 100
feet of a property line.
(8)
Buried refuse or rubbish.
(9)
Stagnant surface or ground water accumulations which
create or are likely to create mosquito or other insect breeding areas.
(10)
Nuisances, as hereinabove defined.
(11)
Vehicles or parts thereof, including boats and
trailers, motorized or not, licensed or unlicensed, registered or
unregistered, which vehicles or parts thereof are or have been junked,
abandoned, dismantled or are in a state of visible disrepair for a
period of more than two weeks. This subsection shall take effect only
where the conditions described herein are visible from surrounding
or adjoining properties. No part of this subsection, however, shall
be applicable to properties upon which the business of an automobile
body shop or automatic dealership is conducted.
(12)
Dangerously loose and overhanging objects, including
but not limited to dead trees or tree limbs, accumulations of ice
or any object, natural or man-made, which could threaten the health
and safety of persons if caused to fall, or other similar dangerously
loose and overhanging objects which, by reason of their location above
ground level, constitute an actual hazard to persons or vehicles in
the vicinity thereof.
(13)
Inadequate or unsafe foundations, wall, piers
and columns and other similar structurally unsound, damaged or defective
load-bearing components which are incapable of bearing imposed loads
safely at all points.
(14)
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotten or unsafe exterior portions of buildings or
structures, including but not limited to porches, landings, balconies,
stairways, handrails, steps, walls, overhangs, roofs, fences, supporting
members, timbers, abutments, fire escapes, signs or loose, crumbling
or falling bricks, stones, mortar or plaster.
(15)
Exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which might
cause injury to persons coming in contact therewith.
(16)
Broken glass or windows; rotten, missing or
substantially destroyed window frames and sashes, door frames, exterior
component parts of buildings or structures.
(17)
Weeds, brush, stumps, roots which are obnoxious,
noxious or detrimental to public health and safety; this includes
but is not limited to poison ivy, poison oak, poison sumac and ragweed
growth. This shall also include dead and dying trees and limbs or
other natural growth, including compost heaps or piles which, by reason
of rotting or deteriorating conditions, create obnoxious odors or
blighting and unsightly factors for adjoining properties or the Township
of Manalapan. Under no circumstances are compost heaps or piles permitted
in front or side yards. The provision of this subsection shall not
apply to farmland, pastureland, grazing land, natural or unlandscaped
areas and undeveloped tracts.
B.
Garbage or trash dumpsters shall not be maintained
in front yards unless permitted by site plan approval from the Planning
Board or Board of Adjustment or municipal approval for temporary construction
or renovation purposes.
C.
In residential zone districts and upon all properties
used for residential purposes in whole or in part, parking spaces
shall be on paved or gravel driveways constructed and installed and
located pursuant to the provisions of the Zoning Ordinance and other
applicable codes, rules and regulations of the Township of Manalapan.[2] Parking of motor vehicles on front lawns, yards or landscaped
front yards is prohibited except for the purpose of temporary emergency
or necessity not to exceed a period of 24 hours.
D.
The exterior of all premises, the exterior of structures
and condition of accessory structures, including fences and walls
of any type, shall be kept structurally sound, in good repair and
free from defect and shall be maintained so that the appearance of
the premises and structures shall not constitute a blighting factor
for adjoining properties or the Township of Manalapan, such as but
as but not limited to structural collapse, excessive peeling paint,
graffiti, rotting or decay.
E.
Properties with landscaping, lawns, hedges and bushes
shall be kept from becoming overgrown and unsightly where exposed
to public view and from becoming a blighting factor for adjoining
properties of the Township of Manalapan. No lawn shall be permitted
to grow up in excess of eight inches.
F.
General maintenance. The exterior of every structure
or accessory structure, including signs and fences, shall be maintained
in good repair. 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 adjoining properties and the Township of Manalapan
be protected from blighting influences.
G.
Graffiti.
[Added 10-11-2006 by Ord. No. 2006-17]
(1)
No person shall damage, deface or vandalize any public
or private property by painting, writing, drawing or otherwise inscribing
in any fashion graffiti thereon without the express permission or
consent of the owner. No person shall aid anyone in defacing public
or private property.
(2)
The record owner of any building or structure which
has any form of graffiti on said building or structure shall be required
to remove said graffiti within 10 business days upon receiving notice
from the Township of Manalapan to remove said graffiti.
(3)
If said graffiti is not removed, the Township of Manalapan
shall have the right to issue a summons and to enter the premises
to remove the graffiti and/or repaint the premises, and the cost of
the removal of the graffiti and/or repainting shall be at the sole
cost and expense of the record owner of said building or structure.
The actual cost of the removal of the graffiti and/or repainting,
plus the cost of inspection of said graffiti and/or repainting and
other costs incidental to such removal, shall be certified by the
Business Administrator to the Township Committee and therefor shall
be entered as a lien upon the real property upon which the graffiti
was found to be placed and shall be added to and become a part of
the taxes to be assessed against and levied on the real property,
and the same shall be collected and reinforced in the same manner
as taxes.
(4)
The Township of Manalapan may enforce the payment
of such assessment, together with interest, as a debt of the owner
of the premises and may authorize the institution of an action at
law for the collection thereof in the Superior Court of New Jersey.
Where abatement of any nuisance, as defined
herein, correction of a defect in the premises or work necessary to
place the premises in a proper condition so as to conform to ordinances
of the Township or applicable laws of the State of New Jersey requires
expending Township monies, the Township Engineer, Construction Official
or Health Officer or other duly appointed enforcement officer shall
present a report of work proposed to be done to accomplish the foregoing
to the Township Committee with an estimate of the cost, along with
a summary of the proceedings undertaken by the enforcement officer
to secure compliance, including notices served upon the occupants,
owners, operators or their agents, as the case may be. The Township
Committee 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 this Code.
The Township shall thereafter proceed to have the work performed in
accordance with the resolution at Township expense, not to exceed
the amount specified in the resolution, and shall, upon completion
thereof, submit a report of the monies expended and costs to the Township
Committee. After review of the report, the Township Committee may
approve the expenses and costs, whereupon the same shall become a
lien against the premises, collectible as provided by law. A copy
of the resolution approving the expenses and costs shall be certified
by the Township Clerk and filed with the Tax Collector of the Township,
who shall be responsible for the collection, and a copy of the report
and resolution shall be sent by certified mail, return receipt requested,
to the owner of the affected premises.
The duty of administering and enforcing the
provisions of this article is conferred upon the Building Inspector,
the Zoning Officer, Housing Officer, Health Officer, Township Police,
and any other duly appointed representatives.
All buildings and premises subject to this article
are subject to inspection from time to time by the enforcing officer
of the Township. At the time of inspections, parts of the premises
must be available and accessible for inspections, and the owner, operator
and occupant are required to provide the necessary arrangements to
facilitate such inspections.
Whenever an enforcement officer determines that
there is or has been a violation of any provision of this article,
he shall give notice of such violation to the person, persons or entities
responsible therefor under this article. Such notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is sent by registered or certified mail to the last
known address of the person or entity upon which the same is served,
as shown by the most recent tax lists of the Township, or if a copy
thereof is handed to such person or persons or a copy thereof left
at the usual place of abode or office of such persons or entities.
Notice shall be given as aforesaid within or without the Township.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within 10 days of the date of service
of such notice (exclusive of the date of service) a summons shall
issue for such violation. The enforcement officer may, at the time
he issues the notice, extend the period for compliance with the requirements
stated in the notice for a period in excess of the aforesaid 10 days
if, in his judgment, the abatement, removal, prevention, cessation
of or cure of the condition violated cannot reasonably be effected
within the ten-day period; and in such cases the enforcement officer
shall state such reasonably required extended period in the notice,
which shall then be applicable instead of the aforesaid 10 days. In
the event the violation is not abated, removed, cured, prevented or
desisted from or otherwise fully remedied within the ten-day period
or within such extended period as set forth in the notice pursuant
to the foregoing, a summons shall then issue against the person, persons,
entity or entities notified.
A.
Responsibility of creditor.
[Added 11-12-2014 by Ord. No. 2014-15]
(1)
If the owner of a residential property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a property
is otherwise vacated subsequent to the filing of the summons and complaint,
but prior to the vesting of title in any third party; and
(2)
In the event of a violation of this article, the enforcement officer
shall serve the creditor with a notice that shall include a description
of the condition(s) that gave rise to the violation and shall provide
a period of not less than 30 days from the creditor's receipt of the
notice for the creditor to remedy the violation;
(3)
The creditor shall have the responsibility to abate the nuisance
or correct the violation in the same manner and to the same extent
as the title owner of the property.
Whenever the enforcement officer finds that an emergency condition in violation of this article exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in § 176-26 of this article, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the enforcement officer any such person shall be afforded a hearing before the Township Committee of the Township as soon as is reasonably possible. After such a hearing and decision by the Township Committee as to the existence or nonexistence of the emergency condition, the Township Committee may continue such order in effect or modify or withdraw it, subject to issuance of a summons for violation thereof if such order is continued.
Any person or entity who shall violate any of
the provisions of this article or any order promulgated hereunder
shall, after a summons issued under the terms hereof, upon conviction,
be punished by a fine not to exceed $1,000 or by imprisonment in the
county jail not to exceed 90 days, or by both such fine and imprisonment.
Each violation of any of the provisions of this article each day that
each such violation shall continue shall be deemed to be a separate
and distinct offense.
[Added 7-26-2017 by Ord.
No. 2017-17]
A.
CREDITOR
VACANT AND ABANDONED RESIDENTIAL PROPERTY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A state-chartered bank, savings bank, savings and loan association
or credit union, any person or entity required to be licensed under
the provisions of the "New Jersey Residential Mortgage Act," P.L.
2009, c. 53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Sec. 17,
as amended from time to time) and any entity acting on behalf of the
creditor named in the debt obligation including, but not limited to,
servicers.
Consistent with Section 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73),
residential real estate, where a notice of violation has been issued
pursuant to Subsection b. of Section 1 of N.J.S.A. 40:48-2.12s. Residential
property 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 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, association management, delivery persons,
or government employees indicating that the residence 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;
Windows or entrances 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, exists 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 any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
B.
Creditor responsibility for vacant abandoned properties.
(1)
A creditor which has previously filed or a creditor upon filing a
summons and complaint in an action to foreclose on a residential property
within the Township is and shall be immediately responsible for the
care, maintenance, security and upkeep of the exterior of the property
after the property becomes vacant and abandoned as defined in this
section.
(2)
Where a creditor is located out of state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsection B(1) of this section. Notice of said representative or agent shall be provided to the municipal clerk pursuant to Paragraph (1) of Subsection a. of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) or within 10 days of the adoption of this section, whichever is later.
C.
Notice.
(1)
The enforcement officers designated in this section shall be authorized
to issue a notice to a creditor that has filed a summons and complaint
in an action to foreclose on a residential property within the Township
if the enforcement officer determines that the creditor has violated
this section by failing to provide for the care, maintenance, security,
and upkeep of the exterior of a vacant and abandoned property. Where
a creditor is an out-of-state creditor, the notice shall be issued
to the representative or agent that has been identified by the creditor
pursuant to Paragraph (1) of Subsection a. of Section 17 of P.L. 2008,
c. 127 (N.J.S.A. 46:10B-51) or thereafter in accordance with the requirements
hereof.
(2)
The notice referenced in this section shall require the creditor
to correct violation(s) 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.
(3)
The issuance of a notice pursuant to this section shall constitute
proof that a residential property is vacant and abandoned for the
purposes of this section.
D.
Enforcement officers. The duty of administering and enforcing the
provisions of this section is conferred upon the construction official,
zoning officer, code enforcement officer, health officer and any other
duly appointed representative of the Township.
E.
Violations and penalties.
(1)
A creditor subject to this section, found by the municipal court
of the Township, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct a care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
this section shall be subject to a fine of $1,500 for each day of
violation. Any fines imposed pursuant to this subsection shall commence
31 days following the receipt of the notice, except if the violation
presents an imminent risk to public health and safety, in which case
any fines shall commence 11 days following receipt of the notice.
(2)
An out-of-state creditor subject to this section found by the municipal
court of the Township, or by any other court of competent jurisdiction,
to be in violation of the requirement to appoint an in-state representative
or agent pursuant to this section shall be subject to a fine of $2,500
for each day of the violation. Any fines imposed on a creditor for
the failure to appoint an in-state representative or agent shall commence
on the date after the ten-day period set forth in Paragraph (1) of
Subsection a. of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51)
for providing notice to the municipal clerk that a summons and complaint
in an action to foreclose on a mortgage has been served or on the
11th day after the effective date of this section, which is later.
