[HISTORY: Adopted by the Township Council of the Township of Moorestown as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-27-1988 by Ord. No. 1421]
[Amended 9-14-2009 by Ord. No. 22-2009; 4-27-2015 by Ord. No. 8-2015[1]]
The purpose of this article is designed to protect the public safety, health and general welfare of the residents of Moorestown by establishing minimum standards governing appearance, condition and occupancy of residential and nonresidential premises; to avoid, prevent and eliminate the maintenance or creation of hazards to the public; to prevent the creation, continuation, extension or aggregation of blight; to prevent and eliminate conditions on property which constitute nuisances and potential dangers to the life, health or safety of persons on or near the premises on which such conditions exist; to establish minimum standards governing the maintenance and condition of land and premises within the Township; to fix responsibility and duties upon owners, lessees, lending institutions, mortgage holders, operators and occupants of property; and to provide for enforcement, administration and for penalties. The Township further finds that the reduction of litter upon public or private property is an important concern and is necessary to implement its own requirements, as well as the requirements of the New Jersey Department of Environmental Protection’s Clean Communities Program.
[1]
Editor’s Note: This ordinance also changed the title of this chapter from “Littering” to “Property Maintenance.”
[Amended 9-14-2009 by Ord. No. 22-2009]
As used in this article, the following terms shall have the meanings indicated:
FRONT YARD
That space on the same lot with a principal building situated between the front street line or lines and the front line of the building projected to the side property lines. The depth of the front yard shall be measured along a line perpendicular to the front street from the point furthest to the foundation of the structure or building furthest from such street line.
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material or any combination thereof, including but not limited to any bottle, jar or can or any top, cap or combination thereof, including but not limited to any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of tree farming, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
NUISANCE
The following conditions, individually or in combination:
A. 
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 of Moorestown.
B. 
Any 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 near or passing within the proximity of the premises on which such condition exist.
C. 
Any premises which are unsanitary or which container litter, refuse, rubbish or garbage or which have an uncontrollable growth of weeds, shrubs, trees or vegetation injurious to the health and safety of persons at, adjacent to, adjoining or passing by the premises.
D. 
Any growth of grass or weeds which exceeds six inches when measured from the ground to the top of the growth.
OCCUPANT
Any person residing, living or sleeping in or on the premises or having actual possession or use of the premises or any part thereof, whether or not the owner thereof, and regardless of the duration of time of such possession or use.
OPERATOR
Any person, persons or entity who is not the owner, but who has charge, care or control of a premises or part thereof with or without the knowledge, consent or authority of the owner.
OWNER
Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.A.C. 46:10B-51 (P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any other entity determined by the Township to have authority to act with respect to the property.
[Amended 4-27-2015 by Ord. No. 8-2015]
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
REAR YARD
The required open space, the full width of the lot, extending along the rear boundary line or property line of the lot; provided, however, that the following encroachments are permitted: overhanging eaves, gutters or cornices, steps and the exterior portion of a chimney foundation, limited to a maximum encroachment of 36 inches in depth.
SIDE YARD
The required open space from the front yard to the rear yard on the lot extending along the side boundary line or property line of the lot; provided, however, that the following encroachments are permitted: overhanging eaves, gutters or cornices, steps and the exterior portion of a chimney foundation, limited to a maximum encroachment of 36 inches in depth.
VACANT PROPERTY
Any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including but not limited to any property meeting the definition of abandoned property in N.J.S.A. 55:19-80; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order, or where the building is in habitable condition, and where the building is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property for purposes of this article.
[Added 4-27-2015 by Ord. No. 8-2015]
[1]
Editor's Note: Former § 103-3, Vacant properties, and § 103-4, Abandoned properties, added 4-27-2015 by Ord. No. 8-2015, which ordinance redesignated former §§ 103-3 through 103-13 as §§ 103-5 through 103-16, were repealed3-13-2023 by Ord. No. 3-2023.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such as that, at a minimum, there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools and government buildings; parks, drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles so that adequate containers are available.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
It shall be unlawful for any property owner to store or permit the storage of any bulky household waste, including but not limited to household appliances, furniture and mattresses, except in a fully enclosed structure.
It shall be unlawful for any property owner to store or to permit the storage of tires on a residential property, except in a fully enclosed structure.
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage or refuse.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his premises free of litter. All sweepings shall be collected and properly containerized for disposal.
[Added 9-24-1990 by Ord. No. 1548-90; amended 9-14-2009 by Ord. No. 22-2009]
The following standards for maintenance of a premises shall be the minimum conditions for maintenance for each and every premises within the Township of Moorestown. It shall be a violation of this property maintenance code for any owner, operator or occupant to allow or permit any premises owned, operated or occupied by such person or entity to fail to comply with each of the following standards. It shall further be a violation of this property maintenance code for any owner, operator, or occupant to occupy or, as an owner, operator, or occupant, to permit or allow another to occupy or use premises which do not comply with the following standards:
A. 
All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition free from accumulation of litter.
B. 
All areas shall be kept free from weeds or plant growth which is noxious, dangerous or detrimental to the public health and safety.
C. 
It shall be unlawful for any property owner to permit any grass, weeds, bushes or other vegetation to become overgrown. Grass and weeds shall be kept trimmed to a height of six inches or less at all times.
[Added 7-11-2011 by Ord. No. 11-2011]
D. 
The exterior of all premises shall be kept free of the following materials and conditions:
(1) 
Animal excrement.
(2) 
Nuisances as described herein.
(3) 
Litter as described herein.
(4) 
Infestation as described herein.
[Amended 9-14-2009 by Ord. No. 22-2009]
The provisions of this article shall be enforced by the Township Manager or one of more enforcement officers designated by the Township Manager with authority to enforce the provisions of this article.
A. 
Said enforcement officer shall be officers and employees of the Township of Moorestown.
B. 
Whenever a Township official charged with enforcement of this article determines that there is or has been a violation of any provision of this article, he or she shall give notice of such violation to the person, persons or entities listed as owners of the subject property on the records of the Township Tax Assessor in accordance with Subsection C set forth below and to any known operator or occupant. The notice shall direct that the violation be removed, abated, cured, prevented or remediated within 10 days of the date of service of said notice, exclusive of the date of service, or summons issued for such violation. In the event that the violation is not abated, removed, cured, prevented or remediated from or otherwise fully remedied within the specified period as set forth in the notice, a summons may be then filed in the Municipal Court of the Township of Moorestown against the person, persons, entity or entities so notified.
C. 
Service of notice.
(1) 
In the event of a violation of this article, notice of said violation shall be served upon the property owner, operator and occupant of the premises as determined from the records of the Township Tax Assessor and other reliable sources of information, either personally or by mail. In the event of service by mail, it shall be made by registered or certified and by regular mail. Service by regular mail shall be considered valid. If all of the mailings are returned undeliverable, service shall be accomplished by posting the notice at the subject property.
(2) 
Service may also be made by personal service of notice upon the owner, operator or occupant or upon a member of the family of the owner over 14 years of age residing in the same dwelling as the owner, operator or occupant.
D. 
Emergency situations. Where the violations or conditions that exist on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Township Manager, or his designee, or the Township Director of Public Works may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed 48 hours. Upon failure to do so, the Township Manager, or his designee, or the Director of Public Works may abate the condition immediately.
[Added 9-14-2009 by Ord. No. 22-2009]
In the event that the owner of the subject property does not abate the violation within the time set by the Township Manager, or his designee pursuant to § 103-12B of this article, in addition to any other penalty, the Township Manager or his designee may abate the violation. Upon completion of the work, the Township Manager or his designee shall present to the Township Council a report of the work and all costs associated therewith, along with a summary of the proceedings undertaken to secure compliance, including notices served upon the owner, operator and occupant of the subject property. The Township Council may thereupon, by resolution, approve the amount of costs expended in the abatement of the violation, whereupon the same shall become a lien against the subject property, collectible as provided by law. A copy of the resolution approving the amount of costs shall be certified by the Township Clerk and filed with the Tax Collector of the Township of Moorestown, who shall be responsible for collection of costs, and a copy of the resolution shall be mailed to the owner of the subject property by certified and regular mail.
[1]
Editor's Note: Former § 103-13, Violations and penalties, was repealed 3-20-2006 by Ord. No. 5-2006. See now Ch. 66, Penalties for Code Violations.
[Adopted 3-13-2023 by Ord. No. 3-2023]
It is the purpose and intent of the Council to establish a process to address the deterioration, crime, and decline in property values caused by property with foreclosing or foreclosed mortgages located within the Township and to identify, regulate, and establish standards over these properties. Vacant structures or structures owned by individuals who are economically strained and unable to meet their mortgage obligations are often not properly or diligently maintained, which contribute to blight, declined property values, and have a negative impact on social perception of the areas where they are located. It is Council's further intent to establish a registration program as a mechanism to help monitor properties in foreclosure.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning.
APPLICABLE CODES
Includes, but is not limited to, the Municipality's Zoning Code, the Municipality's Code of Ordinances ("Municipality Code"), and the New Jersey Building Code.
CREDITOR or FORECLOSING CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court of New Jersey 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 article. For purposes of this article, 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.
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 requirements of this article and any applicable code(s).
MUNICIPALITY
The Township of Moorestown.
PROPERTY IN FORECLOSURE
Any real property located in the municipality that is at any stage of the judicial foreclosure process, beginning at the point a foreclosure complaint has been filed in the Superior Court of New Jersey, through and beyond a sheriff's sale, continuing to the point that the real property is sold or transferred for other than nominal consideration.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity responsible for the maintenance of vacant and abandoned real property.
VACANT AND ABANDONED REAL PROPERTY
Any real property located in the municipality that it is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be occupied, because of the presence or finding of at least two of the following:
A. 
Overgrown or neglected vegetation;
B. 
The accumulation of newspapers, circulars, flyers, or mail on the property;
C. 
Disconnected gas, electric, or water utility services to the property;
D. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
E. 
The accumulation of junk, litter, trash, or debris on the property;
F. 
The absence of window treatments such as blinds, curtains, or shutters;
G. 
The absence of furnishings and personal items;
H. 
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
I. 
Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
J. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
K. 
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;
L. 
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by any authority with jurisdiction declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
M. 
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;
N. 
A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
O. 
Any other reasonable indicia of abandonment.
A. 
The provisions of this article shall be considered cumulative and not superseding or subject to any other law or regulation, but rather be an additional remedy available to the municipality above and beyond any other state, county or local provisions.
B. 
All properties subject to the provisions of this article shall remain subject to the requirement to submit a property registration statement, annual payment of fees, and the maintenance requirements until the later of the dismissal of the foreclosure, or the sale or transfer of the property for other than nominal consideration.
Pursuant to the provisions of this article, the municipality shall administer a registration program, either directly or through a third-party administrator, which shall catalog each property in foreclosure within the municipality and compile the information required by this article.
A. 
Any creditor foreclosing on a residential or commercial mortgage shall, in addition to the notice required by any other applicable law, register the residential or commercial property with the Township Clerk as a property in foreclosure.
B. 
The creditor shall submit a property registration statement which shall include the following information:
(1) 
The name, address, and telephone number of a representative of the creditor who is responsible for receiving complaints of property maintenance and code violations;
(2) 
The name, address, and telephone number for any person or entity, if any, retained by the creditor or a representative of the creditor, to be responsible for any care, maintenance, security, or upkeep of the property;
(3) 
Provide the date the summons and complaint in an action to foreclosure on a mortgage was filed, and the docket number of the filing; and
(4) 
Identify whether the property is vacant and abandoned real property (as defined in this article).
C. 
A foreclosing creditor located outside of the State of New Jersey shall appoint a representative or agent in the State of New Jersey to act for said foreclosing creditor.
D. 
If there is any change in any of the information provided on the property registration statement, the creditor shall update the property registration statement within 10 days of the change in that information.
E. 
This section shall also apply to properties that have been the subject of a deed in lieu of foreclosure.
F. 
Failure of the foreclosing creditor to properly register or to modify the registration form as required herein to reflect a change of circumstances as required by this article is a violation of the article and shall be subject to enforcement.
A. 
A property in foreclosure shall be subject to payment of a nonrefundable annual registration fee in the amount of $500. The initial fee shall be submitted when filing the property registration statement. For each subsequent calendar year that the property remains as a property in foreclosure, an additional registration fee of $500 shall be paid by January 31 of the subsequent year.
B. 
If a property in foreclosure is also a vacant and abandoned real property at time the property registration statement is filed, an additional nonrefundable annual vacant property fee in the amount of $2,000 shall be paid with the registration fee. For each subsequent calendar year that the property remains as vacant and abandoned real property, an additional vacant property fee of $2,000 shall be paid by January 31 of the subsequent year. If the property is not vacant and abandoned real property at the time of initial registration, but later becomes vacant and abandoned real property at any time while a property in foreclosure, within 30 calendar days of the change in status, the property registration statement shall be updated and the additional $2,000 vacant property fee shall be submitted.
A. 
A foreclosing creditor shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property constitutes vacant and abandoned real property at any time while the property is registered in accordance with this article. This shall include, but not be limited to, the following:
(1) 
The property 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, weeds, 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 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, debris, and mosquitoes and other infestations and shall comply with the regulations set forth in the applicable code(s).
B. 
In the event a foreclosing creditor fails to maintain the property in accordance with the above requirements, the municipality shall have the following recourse:
(1) 
The enforcement officer may issue a citation or notice of violation against the foreclosing creditor. 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; and/or
(2) 
The municipality may undertake such action as is necessary to bring the property into compliance with the above maintenance requirements and may place a lien on the property for the cost of the work performed to bring it into compliance.
A. 
Properties subject to this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. 
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 unauthorized access to the interior of the property or structure. Broken windows, doors, gates and other openings of such size that may allow unauthorized access to the interior of the property or structure must be repaired. Broken windows shall be secured by reglazing of the window; boarding of broken windows is prohibited.
C. 
A creditor shall designate a property management company to perform the work necessary to bring the property into compliance with the applicable code(s), and the property management company must perform regular monthly inspections to verify compliance with the requirements of this article, and any other applicable laws.
D. 
A creditor shall post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the creditor or an out-of-state creditor's in-state representative or agent.
E. 
A creditor shall 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 while registered pursuant to this article. A copy of such policy shall be filed with the Municipal Clerk.
All vacant and 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.
A creditor found by the municipal court of the municipality, or by any other court of competent jurisdiction, to be in violation of this article shall be subject to a fine of $1,500 for each day of the violation. Notwithstanding anything to the contrary herein, an out-of-state creditor found by the municipal court of the municipality, 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 article 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 day after the ten-day period for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been filed.
A. 
If the enforcement officer has reason to believe that a property subject to the provisions of this article is posing a serious threat to the public health, safety and welfare, the enforcement officer may temporarily secure the property and place a lien upon it for the cost of the work performed.
B. 
The enforcement officer shall have the authority to require the creditor to implement additional maintenance and/or security measures 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.
C. 
In the event the municipality places a lien on property as permitted by this article, the municipality may add an administrative fee of $500 to recover the administrative cost of imposing the lien.
Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the enforcement officer in the discharge of duties as provided in this article shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer shall be immune from prosecution, either civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this article.