[HISTORY: Adopted by the Township Council of the Township
of Greenwich as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-18-2010 by Ord. No. 14-2010]
A certain document, three copies of which are on file in the Office of the Clerk of the Township of Greenwich, being marked and designated as "The International Property Maintenance Code (2009 Edition)" and published by the International Code Council, Inc., be and is hereby adopted subject to § 520-2, the amendments and revisions as the Property Maintenance Code of the Township of Greenwich, in the State of New Jersey; for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, deletions and changes if any prescribed herein.
[Amended 5-16-2011 by Ord. No. 11-2011; 8-18-2014 by Ord. No.
10-2014]
The International Property Maintenance Code 2009 is amended
and revised in the following respects:
A.
D.
Section 304.1.1. Delete "International Existing Building Code" and
insert "N.J. Rehabilitation Subcode."
E.
Section 305.1.1. Delete "International Existing Building Code" and
insert "N.J. Rehabilitation Subcode."
F.
Section 502.5. Delete "International Plumbing Code" and insert "National
Standard Plumbing Code-09."
G.
Section 505.1. Delete "International Property Code" and insert "NSPC-09."
H.
Section 602.2. Delete "IPC Appendix D" and insert "1993 ASHRAE."
I.
Section 602.3. Insert "October 15 to March 15."
J.
Section 602.3. Exceptions. Delete "Appendix D of the IPC" and insert
"1993 ASHRAE."
K.
Section 604.3.11. Delete "International Building Code" and insert
"National Electric Code (NEC)."
L.
Section 604.3.2-1. Delete "International Building Code" and insert
"National Electrical Code."
[Added 8-18-2014 by Ord. No. 10-2014]
Any person who shall fail to comply with or who violates any
of the provisions of this chapter shall, on conviction of such violation,
pay a fine not exceeding $500 or be subject to imprisonment for a
term of not more than 90 days, or both, for each violation, in the
discretion of the Municipal Judge.
[Adopted 7-20-2015 by Ord. No. 10-2015[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
II, Vacant, Abandoned and Foreclosed Properties, adopted 8-18-2014
by Ord. No. 11-2014.
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 Township, 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 assessors 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 comprised/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.
Includes, but is not limited to, the Township's Zoning
Code, the Township's Code of Ordinances ("Township Code"), and
the New Jersey Building Code, International Property Maintenance Code
and Fire Prevention 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 Township
Code; or
Properties that have utilities disconnected or not in use; or
Properties if only partially completed, not fit for human occupancy
and have no active building permits on the property that will result
in restoration of the premises to a safe and habitable condition;
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 lacks
maintenance as required by the Township and Zoning Codes.
A borrower under a mortgage who grants a lien or interest
in property as security for the payment of a debt.
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector, or
other person authorized by the Township to enforce the applicable
code(s).
The process by which a mortgage is enforced against a parcel
of real property.
A person, firm, or corporation holding a mortgage on a property.
A recorded lien or interest in real property to secure payment
of a loan.
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.
A person, firm or corporation or other legal entity that
has foreclosed a mortgage on a property but may not have legal or
equitable title.
A visual inspection to check compliance with requirements
as set forth in the International Property Maintenance Code, for sanitary
maintenance, life safety, and other hazards and code violations. Such
inspections will be done in accordance with a checklist maintained
by the Township Construction Office.
An unimproved lot or parcel of real property that is not
currently used or occupied and an improved lot or parcel of real property
with at least one building or structure that is not currently used
or occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Township above and beyond any other
state, county or local provisions for same.
Pursuant to the provisions of § 520-7, the Township 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 Township, containing the information required by this article.
A.
Any mortgagee who holds a mortgage on real property located within
the Township of Greenwich 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 Township, 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.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his 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 Township.
C.
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.
D.
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration.
E.
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 Township and/or its authorized designee.
F.
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.
G.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
H.
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.
I.
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.
J.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Township 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.
Owners, lenders and/or possessory lenders who are required to
register property pursuant to this article shall do so by submitting
a copy of a driver's license (individual owners only) and an
affidavit containing the information specified in this section. The
affidavit may be provided by an agent provided the agent's written
authorization from the owner, lender, or possessory lender is submitted
with the affidavit. This affidavit may be done by form or website
registration. The affidavit shall include the following:
A.
Each property having a separate block and lot number as designated
in official records of the Township shall be registered separately.
B.
The name of the owner of the property.
C.
A mailing address where mail may be sent that will be acknowledged
as received by the owner. Owner shall be responsible to provide updated
addresses as necessary. If certified mail/return receipt request is
sent to the address and the mail is returned marked "refused" or "unclaimed"
or if ordinary mail is sent to the address is returned for whatever
reason, then such occurrence shall be prima facie proof that the owner
has failed to comply with this requirement.
D.
The name of an individual or legal entity responsible for the care
and control of the property. Such individual may be the owner or may
be someone other than the owner with whom the owner has contracted.
E.
A current address, telephone number, facsimile number and email address
where communications may be sent that will be acknowledged as received
by the individual responsible for the care and control of the property.
If certified mail return receipt requested is sent to the address
and the mail is returned marked "refused" or "unclaimed," or if ordinary
mail sent to the address is returned for whatever reason, then such
occurrence shall be prime facie proof that the owner has failed to
comply with this requirement.
All fees applicable to this article shall be set and revised
as necessary by resolution of the Mayor and Council. The initial registration
fee is hereby set at $500 and shall be payable on an annual basis.
Registration and inspection fees shall be paid at the time of submitting
the registration affidavit. There shall also be a fee for the filing
of any additional or new owner's affidavit, with such fee being
set by resolution of the Mayor and Council. For properties that are
not registered within the required time frame, an additional fee for
the added cost of the Township's expenses in having to determine
ownership, which may include, but are not limited to, title searches
and professional fees, shall be assessed and immediately payable.
The payment of all fees under this article is secured by a lien against
the property, which may be placed on the tax roll for collection in
the same manner and subject to the same interest and penalties applicable
to delinquent special assessments and municipal liens.
If at any time the information contained in the affidavit is
no longer valid, the property owner, lender or possessory lender has
10 days to file a new affidavit containing current information. There
shall be no fee to update a registered owner's current information.
A.
If vacant, abandoned or foreclosed property includes vacant or unoccupied
buildings, the owner of that property is responsible for immediately
obtaining and paying for the Township's safety and maintenance
inspection (as defined herein) of the building and property, obtaining
necessary permits, making required repairs and obtaining inspections
from the Township annually thereafter until the building is lawfully
occupied to ensure the buildings are safe, secured and well maintained.
The owner shall demonstrate that all water, sewer, electrical, gas,
HVAC and plumbing systems, exterior finishes and walls, concrete surfaces,
accessory buildings and structures, swimming pools and spas, roofing,
structural systems, foundation and drainage systems, gutters, doors,
windows, driveways and sidewalks are sound, operational or properly
disconnected.
B.
If, at the time of the safety and maintenance inspection, the inspector
deems that the electrical, plumbing or mechanical systems pose health
or safety hazards and require additional inspection by the registered
code official in that discipline, the owner shall be responsible to
obtain and pay for that requested inspection.
C.
If an owner fails or refuses to complete the inspections required by Subsection A of this section, the possessory lender shall be obligated to complete the inspection upon foreclosure of the property. Additionally, any lender who holds a mortgage on the property located within Greenwich Township shall obtain and pay for the inspection pursuant to Subsection A of this section to the extent permitted by law or under the mortgage, of the property that is the security for the mortgage, upon default by the borrower, within five days after either the filing of a complaint for foreclosure (if foreclosure is by judicial action) or publishing a notice of foreclosure (if foreclosure is by advertisement).
All owners, possessory lenders, and lenders (to the extent permitted
by law or the terms of a mortgage) are responsible for compliance
with the requirements of this section which apply to all vacant properties
from the time of vacancy, including the time between vacancy and when
registration is required.
A.
Property shall be kept free from weeds, overgrown grass, dry brush
and dead vegetation in accordance with Township ordinances, as well
as trash, junk, debris, building materials, and accumulation of newspaper,
circulars, flyers, notices (except those required by federal, state
or local law), and discarded personal items including, but not limited
to, furniture, clothing, large and small appliances, printed material
or any other items that lend to the appearance that the property is
abandoned.
B.
Property shall be maintained free from graffiti, tagging or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior of the surface.
C.
All front, side and rear yards shall be properly maintained, including
landscaping. "Maintenance" includes, but is not limited to, regular
watering, irrigation, cutting, pruning and mowing of required grasses
and landscaping and removal of trimmings.
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.
Pools, spas and other water features shall be kept drained and kept
dry and free from debris. Properties with pools and/or spas must comply
with the minimum security fencing and barrier requirements of applicable
construction, building and property maintenance codes and ordinances.
F.
Property shall be maintained in a secure manner so as not to be accessible
to unauthorized persons. "Secure manner" includes, but is not limited
to, the closure and locking of windows, doors, gates, and any other
openings of such size that may allow a child to access the interior
of the property and/or structures. Broken windows must be repaired
or replaced within 30 days. Boarding up of open or broken windows
is prohibited except as a temporary measure.
G.
Owners shall inspect or cause the inspection of vacant property on
a regular basis to verify compliance with this section and other applicable
laws. If the property is owned by a person other than an individual
and/or the lender or possessory lender is located more than 30 miles
away, a local property management company shall be contracted to perform
weekly inspections to verify that the requirements of this section
and any other applicable laws are being met. The property shall be
posted with name and twenty-four-hour contact telephone number of
a property management company located within 30 miles of the subject
property. The posting shall be no less than 18 inches by 24 inches
and shall be of a 72-point Arial font and shall contain, along with
the name and twenty-four-hour contact number, the words: "This property
managed by and to report problems or concerns call." The posting shall
be placed on the interior of a window facing the street to the front
of the property so it is visible from the street or secured to the
exterior of the building structure facing the street to the front
of the property so that is visible from the street, or if no such
area exists, on a stake of sufficient size to support the posting
in a location that is visible from the street to the front of the
property, but not readily accessible to vandals. The local property
management company shall inspect the property on a regular basis to
determine if the property is in compliance with the requirements of
this section.
If a building is fire damaged, the owner or possessory lender
has 90 days from the date of the fire to apply for a permit to start
construction or demolition. An additional ninety-day extension may
be granted in the sole discretion of the Township official provided
the owner or possessory lender can demonstrate substantial progress
towards completing repairs. Failure to do so will result in the property
being deemed vacant and/or abandoned and subject to the requirements
of this article.
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 Township.
If the owner, lender or possessory lender has failed to secure
the property, and it has been secured by the Township, the Township
or its contracted agent may re-enter the structure to conduct necessary
inspections to assure compliance with the requirements of this code
and to determine if there are emergency or hazardous health and safety
conditions in existence.
A vacant, abandoned, or foreclosed property shall not be occupied
and/or sold until all violations have been corrected in accordance
with the violation or correction notices issued and a certificate
of occupancy has been issued by the Township Construction Office.
All mechanical, electrical, plumbing and structural systems shall
be certified by a licensed contractor as being in good repair, the
provisions of the International Property Maintenance Code, or its
successor, complied with and all blight removed. In addition, a certificate
of occupancy shall not be issued until all outstanding costs, assessments,
and liens owed to the Township have been paid in full.
A.
Any person or entity that violates any provision of this article
or the rules and regulations issued hereunder shall be fined not less
than $100 and not more than $1,000 for each offense. Every day that
a violation continues shall constitute a separate and distinct offense.
Fines assessed under this chapter shall be recoverable from the owner
and shall also be a lien on the property.
B.
For the purpose of this section, failure to file a registration affidavit
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days of receipt of notice
by the Township, and failure to provide correct information on the
registration affidavit, or failure to comply with the provisions of
this article, or such provisions contained herein shall be deemed
to be violations of this article.
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 Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the Township's
Code Enforcement Board or code enforcement special magistrate as soon
as possible to address the conditions of the property.
B.
The Code Enforcement Board or Hearing Officer 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
measure 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 Township
to abate the violations and charge the mortgagee with the cost of
the abatement.
D.
If the mortgagee does not reimburse the Township 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 Township sending the mortgagee the invoice, then the Township
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 office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this article.
All resolutions and ordinances, or parts thereof, in conflict
with the provisions of this article are, to the extent of such conflict,
hereby repealed.
Should any section, paragraph, sentence, clause, or phrase of
this article be declared unconstitutional or invalid for any reason,
the remaining portions of this article shall not be affected thereby
and shall remain in full force and effect, and to that end the provisions
of this article are hereby declared to be severable.
