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."
[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.
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.
[Amended 9-6-2016 by Ord.
No. 1532]
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.
No certification of compliance with this code
shall constitute a defense against any violation of any other ordinance
of the Borough of Emerson.
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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
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.
[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.