[Adopted 2-8-2007 by Ord. No. 2007-2]
This article shall be known as the "Property
Maintenance Code of the Township of Chesterfield" and may be referred
to in this article as this "code."
The following terms wherever used herein or
referred to in this code shall have the respective meanings assigned
to them unless a different meaning clearly appears from the context:
DETERIORATION
The condition or appearance of a property which is characterized
by evidence of decay or neglect or lack of maintenance.
ENFORCEMENT OFFICERS
All officials, officers or employees entrusted with the enforcement
of the provisions of this code.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof which may be lawfully viewed
by the public or any member thereof from a sidewalk, street, alleyway,
licensed open-air parking lot or from any adjoining or neighboring
premises.
FIRE HAZARD
Any thing or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire; or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire. (See also "nuisance.")
GARBAGE
Putrescible animal or vegetable waste resulting from the
handling, preparation, cooking and consumption of food. Compost piles
are excluded from the definition of "garbage." A "compost pile" is
a collection of leaves, grass clippings and other similar raw organic
materials collected in a pile for the purpose of decomposition. Pine
needles may be included as a component of the compost pile. A single
compost pile shall not exceed a height of 5 feet or diameter of 10
feet. (See also "refuse" and "rubbish.")
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises, in sufficient numbers to constitute a health hazard.
NUISANCE
It shall be a public nuisance for any person:
A.
To discard, deposit, throw or leave any wastepaper,
cans, bottles, garbage, waste trash or refuse of any kind whatsoever
upon any street, road, avenue, park or other public place; or
B.
To willfully or maliciously destroy, damage
or injure any property; or
C.
To deposit on, burying or otherwise dispose
upon, open fields or other private property, any abandoned vehicles
parts, appliances, lumber, trash, garbage, rubbish, debris, or vegetation,
or other junk; or
D.
To burn or cause to be burned any leaves, wastepaper,
trash or other refuse on the improved surface of any public street,
road or avenue; or
E.
To allow or permit any building, structure or
premises or any portion of a building, structure or premises he or
she owns, occupies or controls by him or her to be used by persons
violating the law.
OCCUPANT
Any person living, sleeping, occupying or having actual possession
of a premises or a part thereof.
OPERATOR
Any person who has charge, care or control of a premises
or a part thereof, whether with or without the knowledge and/or consent
of the owner.
OWNER
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling or dwelling unit as owner or agent of the
owner or as fiduciary, including but not limited to executor, executrix,
administrator, administratrix, trustee, receiver or guardian of the
estate, or as a mortgagee in possession, regardless of how such possession
was obtained. Any person who is a lessee subletting or reassigning
any part or all of any dwelling or dwelling unit shall be deemed to
be a co-owner with the lessor and/or assigned by said lessee.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
REFUSE
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, tires and solid market and industrial
wastes. (See also "garbage" and "rubbish.")
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, wood, bedding, crockery, wood, leaves, mulch, wood chips and
similar materials. Firewood shall not be prohibited, provided that
it is stacked in an orderly manner within 60 days of being cut or
delivered to the property. (See also "garbage" and "refuse.")
WEATHERING
Deterioration, decay or damage caused by exposure to the
elements.
[Adopted 8-11-2016 by Ord. No. 2016-8]
As used in this section, the following words shall have the
following meanings:
OWNER
Includes 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.S.A. 46:10B-51 (P.L. 2008,
c. 127, Sec. 17, as amended by P.L. 2009, c. 296 and P.L. 2012, c.
70, and P.L. 2014, c. 35), or any other entity determined by the Township
to have authority to act with respect to the property.
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 and 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.
Effective September 1, 2016, or 30 days after adoption of this
article, whichever shall occur sooner, the owner of any vacant property
as defined herein shall, within 30 calendar days after the building
becomes vacant property or within 30 calendar days after assuming
ownership of the vacant property, whichever is later; or within 10
calendar days of receipt of notice from the municipality, file a registration
statement for such vacant property with the Township Code Enforcement
Officer on forms provided by the Township for such purposes. The owner
of any property which meets the definition of vacant property at the
time of the effectiveness of this article shall have 30 days to register
the property. Any failure to provide notice by the municipality shall
not constitute grounds for failing to register the property. A creditor
serving a summons and complaint in an action to foreclose on a mortgage
on residential property in the Township shall, within 10 days of serving
the summons and complaint, notify the Township Clerk that an action
has been filed on a property and shall provide the creditor's
contact information, and shall submit to the registration requirements
detailed herein.
A. Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
B. The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years or older, designated by the owner as the authorized agent for
receiving notices of code violations and for receiving process in
any court proceeding or administrative enforcement proceeding on behalf
of such owner in connection with the enforcement of any applicable
code.
C. The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the property. The individual or representative of
the firm responsible for maintaining the property shall be available
by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week
basis. The two entities may be the same or different persons. Both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey.
D. The registration shall remain valid for one year from the date of
registration except for the initial registration which shall be valid
through December 31 of the year in which it was filed. The owner shall
be required to renew the registration annually as long as the building
remains a vacant property and shall pay a registration or renewal
fee in the amount prescribed in this ordinance for each vacant property
registered.
E. The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
F. The owner shall notify the Clerk within 15 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Clerk for such purpose. The owner
shall have a continuing obligation to maintain true and accurate registration
information with the Township.
G. The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township against the owner of
the building.
The owner of any vacant property registered under this article
shall provide access to the Township to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes upon reasonable notice to the owner or its designated agent.
Such inspections shall be carried out on weekdays during the hours
between 9:00 a.m. and 4:00 p.m. or at such other time as may be mutually
agreed upon between the owner and the Township.
In addition to the registration of the property pursuant to
this section, the owner of any building that has become vacant property
and any person maintaining or operating or collecting rent for any
such building that has become vacant shall within 30 days of the inception
of any vacancy:
A. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code, or as set forth
in the rules and regulations supplementing those codes; and
B. Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent
and the person responsible for the day-to-day supervision and management
of the building, if such person is different from the owner holding
title or authorized agent. The sign shall be protected from the weather
by plastic covering and be of a size and placed in such a location
so as to be visible and legible to a person standing at the front
door of the main building, but shall be no smaller than eight inches
by 10 inches; and
C. Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
D. Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from trash, debris, loose litter, and grass and weed growth;
and
E. Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete; and
F. Maintain liability insurance on the property in an amount not less
than $200,000 per incident.