Borough of Emerson, NJ Article I Residential Property Maintenance

§ 216-1 Title.

This article shall be known as the "Residential Property Maintenance Code of the Borough of Emerson" and may be referred to in this article in the short term as the "Residential Maintenance Code" or as "this code."

§ 216-2 Purposes.

[Amended 9-6-2016 by Ord. No. 1532]

A. The purposes of this code shall be to:

(1) Provide for the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential premises.

(2) Protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance and condition of vacant and abandoned properties by establishing standards governing facilities and conditions of said facilities and fixing penalties for the violation of this chapter.

(3) Prevent residential structures or premises from becoming substandard as defined in this code.

(4) Maintain neighborhoods within the Borough which are free of blight and substandard conditions.

(5) Fix certain responsibilities and duties upon owners, operators and occupants of residential property within the Borough of Emerson.

(6) Provide for administration and enforcement of this code.

(7) Fix penalties for the violation of this code.

B. This code is declared to be remedial and essential for the public interest.

C. It is not one of the purposes of this code to provide for any inspections in transactions between private parties, including but not limited to banks and mortgage companies with individuals selling their homes.

§ 216-3 Definitions.

A. This code shall include all definitions in Chapter 290, Zoning, of the Code of the Borough of Emerson.

B. The following terms wherever used or referred to in this code shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:

ACCESSORY STRUCTURE

A detached building which is subordinate to the building on the same lot and otherwise complies with the definition set forth in Chapter 290, Zoning, of the Code of the Borough of Emerson.

CONSTRUCTION DUMPSTER

A roll-off waste container transported to and from the place of use by trucks or trailers and positioned at a construction site for the collection and eventual disposal of construction waste.

[Added 7-7-2009 by Ord. No. 1378]

DETERIORATION

The condition, appearance or evidence of physical decay, neglect or lack of maintenance of a building or part thereof. This may be characterized by, but is not limited to, holes, breaks, rot, crumbling, cracking, peeling or rusting.

EXTERIOR OF THE PREMISES

Those portions of the building which are exposed to public view or are visible from adjoining or adjacent lots, and the open land space of any premises.

GARBAGE

All putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. (See also "refuse" and "rubbish.")

INFESTATION

The presence of insects, rodents, vermin or other pests on the premises, which constitutes a health hazard.

NUISANCES AND HAZARDS

The following shall be considered nuisances and hazards for the purposes of this article:

[Amended 9-6-2016 by Ord. No. 1532]

(1) 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 ordinances of the Borough.

(2) Any physical condition existing in or on the exterior of any residential premises, which is potentially dangerous, detrimental or hazardous to the life, health or safety of a person on, near or passing within the proximity of the premises where the condition exists.

(3) Any unsanitary condition or conditions which render air, food or drink detrimental to the life, health or safety of human beings.

OCCUPANT

Any person living, sleeping or having actual possession of a dwelling or rooming unit.

OPERATOR

Any person who, with or without the knowledge and consent of the owner, has charge, care or control of a dwelling or rooming premises.

OWNER

Any person who alone or jointly or separately with others shall have legal or equitable title in any form whatsoever to any residential premises, with or without accompanying actual possession. Included within a definition of this term are agents or fiduciaries of any type of owner. Any person who is a lessee subletting or reassigning any part or all of any dwelling shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by the lessee.

PREMISES

A lot, plot or parcel of land, including the building and structures thereon, and including all land running from the property line to the center line of any adjacent roadway.

[Amended 11-17-1992 by Ord. No. 1011]

PRINCIPAL STRUCTURE

The structure or building housing the principal use on a lot.

REFUSE

All putrescible and nonputrescible solid wastes, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

RESPONSIBLE PARTY

The title owner of a vacant and abandoned property or a creditor responsible for the maintenance of a property pursuant to N.J.S.A. 46:10B-51.

[Added 9-6-2016 by Ord. No. 1532]

RUBBISH

Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

STREET ADDRESS

The 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.

[Added 9-6-2016 by Ord. No. 1532]

STRUCTURE or BUILDING

Any combination of materials forming any construction.

SUBSTANDARD

The condition or appearance with respect to a structure, equipment or open space which manifests any of the following, but is not limited thereto: structural deterioration, inadequate maintenance, infestation, unsanitary conditions constituting a menace to the health, safety and welfare of the residents and inhabitants of the Borough or a nuisance or inadequate provisions for essential utilities or facilities.

VACANT AND ABANDONED RESIDENTIAL PROPERTY

Any improved residential property which is not physically occupied by a title owner, title owner's family member, title owner's relative and at least three of the following conditions exist at the property:

[Added 9-6-2016 by Ord. No. 1532]

(1) Overgrown or neglected vegetation;

(2) The accumulation of newspapers, circulars, flyers, or mail on the property;

(3) Disconnected gas, electric or water utility services to the property;

(4) The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;

(5) The accumulation of junk, litter, trash, or debris on the property;

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

(7) The absence of furnishings and personal items;

(8) Statements of neighbors, delivery persons, or government employees indicating that the property is vacant or abandoned;

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

(10) Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;

(11) 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 physical destruction or deterioration of the property;

(12) 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;

(13) 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;

(14) A written statement issued by mortgagee expressing the clear intent of all mortgagers to abandon the property; or

(15) Any other reasonable indicia of abandonment.

YARD

An open space extending between the closest point of any building and a lot line or street line, excluding those portions of the yard that are environmentally sensitive areas and/or subject to conservation restrictions.

[Added 9-6-2016 by Ord. No. 1532]

§ 216-4 Compliance required.

Every residential building, excluding multifamily dwellings, and the premises on which it is situated in the Borough of Emerson shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building. This code shall also apply regardless of any permits or licenses for the installation or repair to equipment or facilities prior to the effective date of this code.

§ 216-5 Minimum standards; effect on other standards; highest standards to prevail.

[Amended 9-6-2016 by Ord. No. 1532[1]]

A. This code establishes minimum standards for the initial and continued occupancy and use of all residential premises and does not replace or modify standards otherwise established for the construction, repair, alteration or use of such premises, except as may be hereinafter provided.

B. This code does not replace or modify standards established in the Commercial Property Maintenance Code of the Borough of Emerson.

C. In any case where the provisions of this code impose a higher standard than set forth in any other ordinance of the Borough of Emerson or under the laws of the State of New Jersey, then the standards as set forth in this code shall prevail. If, however, the provisions of this code impose a lower standard than any other ordinance or law, the higher standard shall prevail.

[1] Editor's Note: This ordinance also repealed former § 216-6, Effect on Commercial Property Maintenance Code, and § 216-7, Highest standards to prevail, and provided for the renumbering of former §§ 216-8 through 216-11 as §§ 216-6 through 216-9, respectively.

§ 216-6 Violations of other ordinances.

No certification of compliance with this code shall constitute a defense against any violation of any other ordinance of the Borough of Emerson.

§ 216-7 Duties and responsibilities of owners and operators.

Owners and operators shall have the duties and responsibilities as prescribed in this code. No owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any violation charged by reason of the fact that the occupant is also responsible.

§ 216-8 Duties and responsibilities of occupant.

[Amended 9-6-2016 by Ord. No. 1532]

A. Occupants shall have all the duties and responsibilities as prescribed in this code and shall not be relieved from them or entitled to defend against any violation charged by reason of the fact that the owner or operator is also responsible.

B. An occupant shall be responsible for keeping his/her dwelling and the portion of the dwelling in the premises over which he/she has exclusive control in a clean and sanitary condition.

C. An occupant shall be responsible for placing all garbage and refuse in proper, legal containers supplied by the occupant or provided by the owner for such purposes.

§ 216-9 Agreements not to affect obligations.

Unless expressly provided to the contrary in this code, agreements between owners and occupants shall not affect the obligations and responsibilities of either under this article.

§ 216-10 Notice of vacancy and abandonment; registration of vacant and abandoned residential properties.

[Added 9-6-2016 by Ord. No. 1532]

A. Notice of vacancy and abandonment. Upon determination of the enforcement officer that a residential property is vacant and abandoned, the enforcement officer shall notify the responsible party by personal service, registered mail or posting of notice in a noticeable place on the property of the determination and the requirements of this chapter.

B. Registration. The responsible party for a vacant and abandoned residential property shall file a certificate of registration with the Building Department within 90 days after receipt of notice pursuant to § 216-13, that the property has been determined to be vacant and abandoned, or within 30 days after the responsible party assumes ownership of or responsibility for a property already determined to be vacant and abandoned, whichever is later. A certificate of registration shall remain valid for one year from the date of issuance and shall be renewed on an annual basis, if the property remains vacant and abandoned.

C. Form of certificate of registration. This certificate of registration shall be filed on forms prescribed by the Building Department and shall contain:

(1) The name, street address, and telephone number of a 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;

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

(3) A certificate from a licensed insurance provider evidencing the liability insurance coverage on the vacant and abandoned residential property as required by § 216-11.

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

E. Certificate of registration fees. The following fees for a certificate of registration shall be paid by the responsible party:

(1) For the initial registration fee: $250.

(2) For all annual renewals of the registration where there are no outstanding property maintenance or code violations at the time of the renewals: $250.

(3) For annual renewal of the registration where there are outstanding property maintenance or code violations at the time of renewal: $500.

§ 216-11 Security; notification, liability insurance.

[Added 9-6-2016 by Ord. No. 1532]

Within 45 days after the property has been determined to be vacant and abandoned and until the property is reoccupied, the responsible party for a vacant and abandoned residential property shall:

A. Enclose and secure the property against unauthorized entry;

B. 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 from the responsible party or authorized agent; and

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

§ 216-12 Maintenance standards for vacant and abandoned residential properties. [1]

[Added 9-6-2016 by Ord. No. 1532]

Vacant and abandoned residential properties shall be maintained in accordance with the following standards:

A. The property shall be kept free of all nuisances and hazards, litter and debris.

B. The property shall be kept free of accumulations of water, vegetation or other matter which might serve as a source of food or as a harboring or breeding place for infestation.

C. Grass in the yard area shall be cut and maintained so as to prevent the grass from growing to exceed five inches in height.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. The exterior of every structure or accessory structure or other improvement on the premises shall be kept in good repair and all exposed surfaces subject to deterioration shall be protected against weathering or deterioration by a protective coating appropriate for the particular material involved as needed.

E. The exterior of the building(s) shall be free of loose material that may create a hazard by falling on persons utilizing the premises.

F. All exterior walls, roofs, windows, window frames, doors, door frames, skylights, foundations, and other parts of the structure shall be maintained to keep water from entering the structure and to prevent excessive drafts or heat loss during cold or inclement weather and to provide a barrier against infestation. Damaged or badly worn materials shall be repaired or replaced and places showing signs of rot, leakage or deterioration or corrosion shall be treated or restored to prevent weathering or seepage.

G. Loaders and drain pipes shall be securely fastened to the building and maintained in good condition free of leaks and free of obstructions and shall direct storm waters into drainage systems or away from the foundation walls of the structure.

[1] Editor's Note: Former § 216-12, Exterior of premises, as amended, was repealed 12-18-2007 by Ord. No. 1342.

§ 216-13 Notice of foreclosure action. [1]

[Added 9-6-2016 by Ord. No. 1532]

A. A creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property within the Borough shall, within 10 days of serving the summons and complaint, notify the Building Department that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property and provide the name and contact information for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations pursuant to Paragraph (1) of N.J.S.A. 46:10B-51.

B. An out-of-state creditor that serves a summons and complaint in an action to foreclose on a residential property within the Borough must include the full name and contact information of an in-state representative or agent who shall be responsible for the care maintenance, security and upkeep of the exterior of the property if it becomes vacant and abandoned pursuant to Paragraph (1) of N.J.S.A. 46:10B-51.

C. In the event that a property being foreclosed on is an affordable unit pursuant to the Fair Housing Act, (N.J.S.A. 52:27D-301 et seq.), the creditor shall provide notice to the Building Department within 10 days of service of a summons and complaint in an action to foreclose on the mortgage advising the property is subject to the Fair Housing Act, include the street address, lot and block number of the property, and the full name and contact information of an individual located within the state who is authorized to accept service on behalf of the creditor pursuant to Paragraph (1) of N.J.S.A. 46:10B-51.

[1] Editor's Note: Former § 216-13, Appearance of exterior of premises, was repealed 12-18-2007 by Ord. No. 1342.

§ 216-14 Failure to designate representative; out-of-state creditor violation.

[Amended 9-6-2016 by Ord. No. 1532; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

An out-of-state creditor found by a court of competent jurisdiction to have violated Paragraph (1) of N.J.S.A. 46:10B-51 shall be subject to a fine of $2,500 for each day of the violation commencing on the day after the ten-day period set forth in Paragraph (1) of N.J.S.A. 46:10B-51 and § 216-13 of this Code with respect to notifying the Building Department that an action to foreclose on the property has been filed.

§ 216-15 Statutory consistency.

[Amended 9-6-2016 by Ord. No. 1532]

All sections hereof arising from or citing a specific statutory reference shall be deemed as automatically adopting any amendment to such statute(s) as may be consistent with the Borough's purposes in enacting this chapter.

§ 216-16 Enforcement officer.

[Amended 9-6-2016 by Ord. No. 1532]

The enforcement officer shall be as follows: the Zoning Officer of the Borough of Emerson, Health Officer of the Borough of Emerson, all police officers of the Borough of Emerson, the Construction Code Official of the Borough of Emerson, the Property Maintenance Officer of the Borough, the Borough Engineer of the Borough of Emerson or any other Borough officials so designated by resolution of the Mayor and Council to enforce the provisions of this chapter. Nothing herein shall preclude any Borough employee engaged in the enforcement of laws and ordinances from enforcing the provisions hereof. The Construction Code Official shall be responsible for enforcement of violations of the New Jersey Uniform Construction Code.

§ 216-17 Notice of violation.

Whenever the enforcement officer determines that there is or has been a violation of any provision in this code, he shall give notice of the violation to the persons responsible. Notice shall be in writing and shall include a concise statement of the reasons for its issuance. A copy of the notice may be served personally within or without the Borough on the owner, occupant or operator. Notice shall be deemed to be properly served if a copy is sent by registered or certified mail to the owner's address as shown on the then current tax list. 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 be issued for the stated violation. The enforcement officer may, at the time of issuance of the notice or thereafter, extend the time for compliance for a period in excess of 10 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition in violation cannot reasonably be effected within the ten-day period. In such cases, the enforcement officer shall state a reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days. In the event that the violation is not abated or otherwise fully remedied within the ten-day period, or as extended, a summons shall then be issued against the person so notified.

§ 216-18 Emergency conditions.

Whenever the enforcement officer finds that a condition in violation of this section exists which requires immediate attention in order to protect the public health or safety, he may issue an order by service of a notice as set forth in § 216-17 of this article, reciting the existence of the emergency condition and requiring that action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this code, such order shall be effective immediately. Any person to whom such an order is directed shall comply immediately. Upon objection in writing to the enforcement officer, any persons, upon order pursuant to this section shall be afforded a hearing before the Health Officer, Fire Subcode Official and a member of the Council, acting as a committee, as soon as it is reasonably possible. Should any one of these officials be absent or unavailable, the other two may hold the hearing and render a determination. The notice shall state that the person upon whom it is served has the right to a hearing and a decision as to the existence of the emergency condition. The committee may continue the order in effect, modify or withdraw it, subject to the issuance of a summons for violation thereof, if such order is continued.

§ 216-19 Violations and penalties.

[Amended 5-3-2016 by Ord. No. 1522]

A. Any person who shall violate any of the provisions of this code or any order promulgated hereunder shall, after issuance of a summons and upon conviction, be punished by a fine not to exceed $500 or by imprisonment not to exceed 90 days, or both.

B. Each violation of any of the provisions of this chapter and each day that each such violation shall continue shall be deemed to be a separate and distinct offense.

C. In addition to the foregoing and all other remedies available to the Borough, the Borough Treasurer, upon appropriate notification from the Mayor and Council (after appropriate certification from the enforcement officer), shall place a lien on any property determined by the enforcement officer to be in violation of the provisions of this code in the amount of any and all administrative expenses and any and all actual expenditures for work necessary in order to maintain the property and/or abate the violation. The lien placed upon such lands shall be added to and become and form a part of the taxes next to be assessed and levied upon said lands, the same to 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.