[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-12-2006 by Ord. No. 2006-8]
The Borough of Newfield hereby establishes a
Property Maintenance Code in consideration of the health, safety and
welfare of the citizens of the Borough of Newfield and to provide
a mechanism for enforcement of said code. The purpose of the creation
of this code is to maintain a good quality of life for the citizens
and business operators within the Borough of Newfield. The code shall
be known as the "Borough of Newfield Property Maintenance Code," and
said code is attached hereto and made a part hereof, and shall be
incorporated within the General Code for the Borough of Newfield.
The enactment of this code shall hereby repeal
any and all provisions of the Borough of Newfield Code which are contrary
to the provisions of the Borough of Newfield Property Maintenance
Code.
[Added 4-12-2011 by Ord. No. 2011-7]
Any and all fees and costs incurred with the inspection as well
as any work for public works employees to abate a condition in violation
of the Property Maintenance Code shall be charged to the owner of
the premises as follows:
[Adopted 12-8-2016 by Ord. No. 2016-8[1]]
[1]
Editor's Note: This ordinance was originally adopted as Chapter
112 but was renumbered to maintain the organization of the Code.
It is the purpose and intent of the municipality to establish
a process to address the deterioration and blight of municipality
neighborhoods caused by an increasing amount of abandoned, foreclosed
or distressed real property located within the municipality, and to
identify, regulate, limit and reduce the number of abandoned properties
located within the municipality. It is the municipality's further
intent to participate in the county-wide registration program established
by Gloucester County and administered by Community Champions Corporation
as a mechanism to protect neighborhoods from becoming blighted due
to the lack of adequate maintenance and security of abandoned and
foreclosed properties.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any real property located in the municipality, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending Tax Assessor's lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned" shall remain in place
until such time as the property is sold or transferred to a new owner,
the foreclosure action has been dismissed, and any default on the
mortgage has been cured.
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
To include, but not be limited to, the municipality's Zoning
Code,[1] the municipality's Code of Ordinances ("Municipality Code"),
and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties, causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Municipality
Code; or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lack maintenance
as required by the Municipality and Zoning Codes.
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 applicable
code(s).
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather shall
be an additional remedy available to the municipality above and beyond
any other state, county or local provisions for same.
Pursuant to the provisions of § 200-8, the municipality or designee shall participate in the county-wide registration program established by Gloucester County and administered by Community Champions Corporation cataloging each abandoned property within the municipality, containing the information required by this article.
A.
Any mortgagee who holds a mortgage on real property shall perform
an inspection of the property to determine vacancy or occupancy, upon
default by the mortgagor. The mortgagee shall, within 10 days of the
inspection, register the property with the Division of Code Enforcement,
or designee, on forms or website access provided by the Borough of
Newfield, and indicate whether the property is vacant or occupied.
A separate registration is required for each property, whether it
is found to be vacant or occupied.
B.
Any creditor filing a summons and complaint in action to foreclose
on a property within the Borough of Newfield shall within 10 days
after service of the summons and complaint, in addition to the notice
provided to the Borough pursuant to § 17 of P.L. 2008, Chapter
127 or § 2 of P.L. 2021, Chapter 444, register such property
with the Borough as a property in foreclosure in accordance with this
article and identify the date the summons and complaint was filed
and the docket number of the filing.
[Added 8-11-2022 by Ord. No. 2022-20[1]]
C.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his/her designee monthly until 1) the mortgagor
or other party remedies the default, or 2) it is found to be vacant
or shows evidence of vacancy at which time it is deemed abandoned,
and the mortgagee shall, within 10 days of that inspection, update
the property registration to a vacancy status on forms provided by
the Borough of Newfield.
D.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and e-mail address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property. Out-state creditors shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor.
[Amended 8-11-2022 by Ord. No. 2022-20]
E.
The initial registration fee for each property required to be registered
under this article shall be $500 and for each annual renewal thereafter.
An additional $2,000 annual fee per property shall be charged for
properties classified as vacant or abandoned pursuant to this article
when the summons and complaint in an action to foreclose is filed
or is classified as vacant or abandoned pursuant to this article at
any time thereafter while the property is in foreclosure.
[Amended 8-11-2022 by Ord. No. 2022-20]
F.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the Borough of Newfield and/or its authorized designee.
G.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
H.
Properties subject to this section shall remain under the annual registration requirement, and the inspection, security and maintenance standards of § 200-9, as long as they remain vacant or in default.
I.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
J.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this article is a violation of the
article and shall be subject to enforcement.
K.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the municipality
may take the necessary action to ensure compliance with, and place
a lien on, the property for the cost of the work performed to benefit
the property and bring it into compliance.
A.
Properties subject to this chapter 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.
B.
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.
C.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance shall include, but not be limited to, grass, 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 weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with § 200-12 below as well as any other chapter and section of the Code of the Borough of Newfield. Pursuant to a finding and determination by the municipality's Code Enforcement Officer/Board, Hearing Officer/Special Magistrate or a court of competent jurisdiction, the municipality may take the necessary action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with all applicable codes of the municipality.
A.
Properties subject to these sections 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 a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this article, and any other applicable laws.
All 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.
[Amended 8-11-2022 by Ord. No. 2022-20]
A.
Any person
who violates any provision of this article shall be fined $1,500 for
each offense. Every day that a violation continues shall constitute
a separate and distinct offense. Fines assessed under this article
shall be recoverable from the owner and shall constitute a lien on
the property.
B.
An out-of-state creditor found by the designated Municipal Court for the Borough of Newfield to be in violation of the requirement to appoint an in-state representative within this article shall be subject to a fine of $2,500 for each day of the violation. Such fines for failure to appoint an in-state representative shall commence on the day after the ten-day period set forth in § 200-8B.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s), and the owner shall be responsible for
meeting with the Borough's Code Enforcement Division within 45 days
for a final courtesy inspection report.
A.
If the Code Enforcement Officer has reason to believe that a property
subject to the provisions of the article is posing a serious threat
to public health, safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may issue a violation of the municipality's Property
Maintenance Code to be heard in the Municipal Court and/or may bring
the matter before the Borough Council of the Borough of Newfield to
address the conditions of the property.
B.
The Borough Council shall have the authority to require the mortgagee
and/or owner of record of any property affected by this section 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.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Board or Special Magistrate may direct the municipality
to abate the violations and charge the mortgagee with the cost of
the abatement.
D.
If the mortgagee does not reimburse the municipality for the cost
of temporarily securing the property, or of any abatement directed
by the Code Enforcement Board or Special Magistrate within 30 days
of the municipality sending the mortgagee the invoice, then the municipality
may lien the property with such cost, along with an administrative
fee of $500 to recover the administrative personnel services.
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.
If any section, sentence, clause, or phrase of this article
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this article.
