[HISTORY: Adopted by the Mayor and Council of the Borough
of Andover 7-12-2010 by Ord. No. 2010-6. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code
of the Borough of Andover" and may be referred to as the "code" in
this chapter.
It is hereby found and declared that there exist in the Borough
land and structures which are or may become substandard with respect
to structure, equipment or maintenance, or further that such conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior of premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety and welfare
of the citizens and inhabitants of the Borough.
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance,
appearance, condition and occupancy of all premises; to establish
minimum standards governing utilities, facilities and other physical
components and conditions essential to make the aforesaid facilities
fit for occupancy and use; to fix certain responsibilities and duties
upon owners and operators and distinct and separate responsibilities
and duties upon non-owner occupants; to authorize and establish procedures
for the inspection of all premises; and to fix penalties for the violations
of this code. This code is hereby declared to be remedial and essential
for the public interest, and it is intended that this code shall be
liberally construed to effectuate the purposes stated herein.
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:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
The portion of the building that is partly underground which
has more than 1/2 of its height, measured from clear floor to ceiling,
above the average adjoining ground level. Where the natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building without regard to the levels created by the ditching,
pits or trenching.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The Building Code applicable to the Borough of Andover.
The lowermost portion of the building, partly or totally
underground, having half or more of its height, measured from clear
floor to ceiling, below the average adjoining ground level. Where
the natural contour of the ground level immediately adjacent to the
building is interrupted by ditching, pits or trenching, then the average
adjoining ground level shall be the nearest natural contour line parallel
to the walls of the building without regard to the levels created
by the ditching, pits or trenching.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any premises, or any part thereof, or any building, or any
part thereof, which may be lawfully viewed by the public, or any member
thereof, from a sidewalk, street, alleyway, parking lot or from any
adjoining or neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
Any thing or any act which increases or may cause an increase
in 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 extinguishment of fire. (See also "nuisance.")
Waste, including but not limited to: discarded, windblown,
deposited, dropped or strewn paper, wrappings, cardboard, bottles,
cans, boxes, and broken glass, rubbish, ashes, street cleanup, dead
animals, abandoned automobiles, furniture (excluding furniture designed
for outdoor use) and appliances, and cigarettes; also known as "litter,"
"refuse" and "rubbish."
A condition, thing or act which is unsightly or detrimental
or threatens the health, safety, or welfare of any person or property;
or a condition or situation that results in interference with the
enjoyment and/or use of any property.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
All premises that are zoned for industrial or commercial
purposes, or that contain two or more dwelling units, or that are
not residential as defined by this code.
Any public nuisance recognized at common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Borough.
Any attractive nuisance which is or may be detrimental to health
or safety, wheresoever located on a premises. This includes but is
not limited to abandoned wells, shafts, basements or excavations;
abandoned appliances, machinery or vehicles; any structurally unsound
fences or structures; and lumber, trash and debris.
Physical conditions dangerous to human life or detrimental to
health or safety of persons on or near the premises where the conditions
exist.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this code.
Unsanitary conditions or any conditions which are dangerous
to health.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
An individual or entity in actual possession of a premises.
Any person or entity who or which has charge, care or control
of a premises, or a part thereof, whether with or without the knowledge
and consent of the 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 nonresidential premises 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 premises 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.
All the following supplies, facilities and equipment: gas
pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed lavatories, showers,
appliances, catch basin, vent and any other similar supplied fixtures,
together with all connections to water, sewer or gas lines, and water
pipes and lines utilized in conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the buildings or
structures thereon.
The Code Enforcement Officer(s) of the Borough and his appointed
designee(s) (who must be approved by the governing body at the next
public meeting following the appointment of the designee).
All perishable and nonperishable solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
Any full or partial premises which is used as a dwelling
unit, except that any premises with two or more dwelling units shall
be considered a nonresidential premises for purposes of this code.
Nonperishable solid wastes consisting of both combustible
and noncombustible wastes, including but not limited to paper, wrappings,
cigarettes, tin cans, metals, plastics, glass, bedding, furniture
(excluding furniture designed for outdoor use), and crockery.
Any sanitary sewer owned, operated and maintained by the
Borough or other public entity and available for a public use for
the disposal of sewage.
A combination of any materials, whether fixed or portable,
forming a construction for occupancy, use or ornamentation, whether
installed on, above or below the surface of a parcel of land, including
buildings.
Generally contaminated with dirt or filth, which may lead
to injury or health problems; conditions which are not sanitary or
healthy, including but not limited to the absence of running potable
water and/or a sewer or septic system that is not fully operational;
unclean or unhealthy conditions or practices, including but not limited
to the following: buildings, including floors and ceilings, that are
not properly constructed and maintained; sidewalks that are not properly
constructed and maintained; food in the process of production, storage,
sale or distribution unnecessarily exposed to flies, dust, dirt, or
to the products of decomposition or fermentation incident to such
production, storage, sale or distribution; and any other condition
or practice which endangers the wholesomeness of food and health and
safety of any animal or person in the general public.
The supply and removal of air to and from any space by natural
or mechanical means.
The deterioration, decay or damage caused by exposure to
the elements.
A.
Applicable to all residential and nonresidential structures. Every residential and nonresidential structure, and the premises on which it is situated, in the Borough used or intended to be used for residential, commercial, business or industrial occupancy or purposes shall comply with the provisions of this code, whether or not the structures 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 or structure or for the installation or repair of equipment or facilities prior to the enactment of this code. This code establishes minimum standards for the initial and continued occupancy and use of all structures and buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the structure or building, equipment or facilities contained therein, except as provided in Subsection B.
B.
Higher standard to prevail. In any case where the provisions of this
code impose a higher standard than set forth in any other ordinance
of the Borough or under the laws of the State of New Jersey, then
the standards as set forth herein shall prevail; but if the provisions
of this code impose a lower standard than any other ordinance of the
Borough or of the laws of the State of New Jersey, then the higher
standard contained in any other ordinance or law shall prevail. In
the event that the New Jersey Department of Community Affairs or such
other state authority responsible for Building Code enforcement (hereinafter
referred to as the "State of New Jersey") does not adopt the subcodes
referenced in the BOCA National Property Maintenance Code, then the
subcodes in effect for the State of New Jersey shall apply. In the
event that there is a conflict between the BOCA National Property
Maintenance Code, or any of the subcodes referenced therein, and any
property maintenance code or subcode adopted by the State of New Jersey,
the code or subcode adopted by the State of New Jersey shall control.
C.
Issuance and renewal of other permits and licenses. After enactment
of this code, all licenses and permits shall be issued upon compliance
with the ordinances under which such licenses and permits are granted.
D.
Enforcement of and compliance with other ordinances. No license or
permit or other certification of compliance with this code shall constitute
a defense against any violation of any other ordinance of the Borough
applicable to any structure or premises, nor shall any provision herein
relieve any owner, operator or occupant from complying with any other
provision, nor any official of the Borough from enforcing any other
provision.
A.
Owner and operator. Owners and operators shall, jointly and severally, have all the duties and responsibilities described in § 104-7 of this chapter, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that an occupant is also responsible therefor and in violation thereof.
B.
Non-owner occupants. Non-owner occupants shall have all the duties and responsibilities as prescribed in § 104-8 of this chapter, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
C.
Contract not to alter responsibilities. Unless expressly provided
to the contrary in this chapter, the respective obligations and responsibilities
of the owner and operator on the one hand and the occupant on the
other shall not be altered or affected by any agreement or contract
by and between any of the aforesaid or between them and other parties.
A.
Maintenance of premises. The exterior of the premises and of all
structures thereon shall be kept free of nuisances and hazards to
the safety of occupants, guests, invitees, pedestrians and other persons
and of unsanitary conditions; and any of the foregoing shall be promptly
removed and abated by the owner and operator of the premises. It shall
be the duty of the owner and operator, jointly and severally, to keep
the premises free of hazards, which include but are not limited to
the following:
(1)
Natural growth. Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be pruned and trimmed to prevent such conditions.
(2)
Overhanging. Loose and overhanging objects and accumulations of ice
and snow which, by reason of location above ground level, are in danger
of falling on persons in the vicinity thereof.
(3)
Ground surface hazards or unsanitary conditions. Holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow
and excretion of pets and other animals on paths, walks, driveways,
parking lots and parking areas and other parts of the premises which
are accessible to and used by persons on the premises. All such holes
and excavations shall be filled and repaired, walks and steps repaired
or replaced and other conditions removed as necessary to eliminate
hazards or unsanitary conditions with reasonable dispatch upon their
discovery.
(4)
Leaders and gutters, if present, shall be maintained in good condition
in order to perform their functions and facilitate the flow of water
and removal of snow and ice.
(5)
Infestation. Infestation and sources of infestation.
(6)
Foundation walls. Foundation walls shall be kept structurally sound,
free from material defects and damage, and capable of bearing imposed
loads safely.
(7)
Chimneys and all flue and vent attachments. Chimneys and all flue
and vent attachments thereto shall be structurally sound, free from
defects and maintained to capably and safely perform at all times
the functions for which they were designed. Chimneys, flues, gas vents
or other draft-producing equipment shall provide sufficient draft
to develop the rated output of the connected equipment and shall be
structurally safe, durable, smoketight and capable of withstanding
the action of through gases.
(8)
Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall have banisters
or railings properly designed and maintained to minimize the hazard
of falling and shall be kept structurally sound, in good repair and
free from defects.
(9)
Accumulations of garbage; obstructions. There shall be no accumulation
of garbage or obstruction therefrom permitted on any premises, including
exterior stairways, balconies, porches, and alleyways, except that
garbage stored in proper containers may be set out at proper times
for removal.
(10)
Dumpsters. All premises which have dumpsters shall have them
fully enclosed and concealed by a fence at least six feet high.
(11)
All snow and/or ice accumulated on sidewalks and on and around
fire hydrants shall be removed within 24 hours of the accumulation
of snow and/or ice.
B.
Appearance of exterior premises and structures. The exterior of every
structure and accessory structure (including fences) shall be maintained
and kept in good repair. The same shall be free of broken glass, loose
shingles, crumbling stone or brick, excessive peeling paint and other
conditions reflective of deterioration or inadequate maintenance so
that the property itself may be preserved, infestation avoided, safety
and fire hazards eliminated and adjoining properties in the neighborhood
protected from blighting influences.
C.
Landscaping. Premises shall be kept landscaped, and lawns, hedges
and bushes shall be kept trimmed and from becoming overgrown and unsightly
where exposed to public view and where the same constitute a blighting
factor depreciating adjoining property. Leaves must not accumulate
on lawn and must be removed or composted.
D.
Signs. All permitted signs shall be kept in good repair, and printed
matter, pictures or illustrations contained thereon shall be maintained
in good condition. Signs in violation of any ordinance or law shall
be removed from the premises. Nonoperative or broken signs shall be
repaired or shall, with their supporting members, be removed forthwith.
E.
Windows. All windows exposed to public view shall be kept clean and
free of marks or foreign substances except when necessary in the course
of changing displays. All screening of the interior shall be maintained
in a clean and attractive manner and in a good state of repair.
F.
Storefronts. All storefronts shall be kept in good repair, painted
where required, and shall not constitute a safety hazard or nuisance.
In the event that repairs to a storefront become necessary, such repairs
shall be made with the same or similar materials used in the construction
of the storefront in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a storefront shall be kept
painted, where required, and in good repair.
G.
Awnings and marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or safety hazard. In the event that such
awnings or marquees are not properly maintained in accordance with
the foregoing, they and their supporting members shall be removed
forthwith. In the event that the awnings and marquees are made of
cloth, plastic or a similar material, the cloth or plastic, where
exposed to public view, shall be maintained in good condition and
shall not show evidence of excessive weathering, discoloration, ripping,
tearing or holes. Nothing herein shall be construed to authorize an
encroachment on streets, sidewalks or other parts of the public domain.
H.
Reconstruction of walls and siding. All reconstruction of walls and
siding shall be at least of standard quality and appearance, and the
materials used shall not be of a kind that will depreciate the value
of neighboring and adjoining premises.
I.
Freedom from infestation. All parts of the premises shall be maintained
so as to prevent infestation.
J.
General sanitation and safety. All parts of the premises shall be
kept in a clean and sanitary condition, free of nuisances and garbage,
and free from health, safety and fire hazards.
K.
Freedom from accumulations and obstructions. No accumulation or obstruction
from garbage, refuse or rubbish shall be permitted on stairways, common
areas, balconies, porches, hallways, roof(s), basements or cellars,
except that garbage stored in proper containers may be set out for
removal, provided that such containers shall have tight-fitting covers
in place at all times.
L.
Floors, interior walls and ceilings. Floors, interior walls and ceilings
of every structure shall be structurally sound and maintained in a
clean and sanitary condition.
M.
Floors generally. Floors shall be considered to be structurally sound
when capable of safely bearing imposed loads and shall be maintained
at all times in a condition so as to be free from cracks and breaks
that constitute a hazard.
N.
Washroom and water closet compartments. Washroom and water closet
compartment floors shall be shall be kept in a dry and sanitary condition
at all times.
O.
Supporting structural members. Supporting members are to be kept
structurally sound, free of deterioration and infestation, and capable
of bearing imposed loads safely. No temporary scaffold or other temporary
equipment or dumpsters used for construction, repair, maintenance
or demolition shall be permitted to remain in place beyond a period
of 90 days after placement without permission from the Andover Borough
Planning/Zoning Board.
P.
Walls and ceilings. Walls and ceilings shall be kept in good repair
and free from cracks and breaks that constitute a hazard. Walls and
ceilings shall be provided with paint, paper, ceiling material or
other protective covering so that the walls and ceilings are kept
clean, free of visible foreign matter, sanitary and well maintained
at all times.
Q.
Garbage and recycling removal. All garbage and recyclables shall
be removed from the premises in a clean and sanitary manner on a regular
basis. While on the premises, garbage and recycling shall be kept
in leakproof, close-fitting, covered containers.
R.
Accumulating refuse and nonfireproof storage prohibited. Storage
bins, rooms and areas shall not be used for accumulated garbage or
refuse. Flammable or combustible liquids or other materials may not
be stored on the premises, unless they are of a type approved for
storage in quantities and consistent with state fire code regulations.
S.
Connection to sanitary sewer. All plumbing fixtures shall be connected
to the sanitary sewer or septic system through lines which are free
of leaks, corrosion or deterioration and provide an unobstructed passage
from the plumbing facilities within the building to the sanitary sewer
or septic system.
T.
Vehicle parking. The parking and/or storage of any motor vehicle, trailer, recreation vehicle, boat, or machinery on the front or side lawn of any premises within the Borough is prohibited, unless such motor vehicle, trailer, recreation vehicle, boat or machinery parked and/or stored in the Borough is parked and/or stored on an improved surface not to exceed 20% of the lot size in accordance with and subject to the Revised General Ordinances of the Borough of Andover, including but not limited to § 134-6.
U.
Deposits
upon streets and highways. An owner or operator shall not deposit
dirt, ashes, leaves or other material upon any street or highway or
portion thereof or cause or permit the same to be done.
[Added 4-11-2022 by Ord. No. 2022-6]
A.
Cleanliness
and sanitation. All parts of the premises under the control of the
non-owner occupant shall be kept in a clean and sanitary condition,
and the non-owner occupant shall refrain from performing any acts
which would render other parts of the premises unclean or unsanitary
or which would obstruct the owner or operator from performing any
duty required by the code or maintaining the premises in a clean and
sanitary condition.
B.
Deposits
upon streets and highways. A non-owner occupant shall not deposit
dirt, ashes, leaves or other material upon any street or highway or
portion thereof or cause or permit the same to be done.
[Added 4-11-2022 by Ord. No. 2022-6]
A.
Code Enforcement Officer(s) to be public officer. The Code Enforcement
Officer(s) is (are) designated to serve as the public officer hereunder;
and all inspections and enforcement of the provisions of this code,
unless expressly stated to the contrary, shall be under his/her direction
and supervision.
B.
Inspections. Areas to be inspected by the public officer or his/her designee shall be dependent upon any complaint filed by three or more owners, operators or occupants of a Borough property, a requested inspection per § 104-12, or observation of noncompliance with this code by the public officer. The owner or operator is required to make the necessary arrangements to facilitate such inspections within 30 days of the notice of required inspection, except where there is reason to believe a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay.
A.
Identification. The public officer shall be supplied with official
identification and shall exhibit such identification when entering
any part of any premises subject to this code.
B.
Entry. Where the public officer is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting a scheduled inspection of the premises as specified in § 104-9B, such person shall be in violation of this code and subject to the penalties hereunder.
A.
Notice. Except as provided elsewhere in this code, where a violation
of this code is found to exist, a written notice from the public officer
shall be served on the person or persons responsible for the correction
thereof.
B.
Contents of notice. The notice shall specify the violation or violations committed; what must be done to correct the same; a reasonable period of time, to be determined by the public officer based on facts and circumstances of the complaint; the right of the person served to request a hearing; and a statement that the notice shall become an order of the public officer in 10 days after service unless a hearing is requested pursuant to Subsection E below.
C.
Service of notice. Notice may be served personally or by certified
mail, with postage prepaid, addressed to the last known address of
the person or entity to be served. The last known address shall be
the address of the owner or entity as shown on the most-recent Borough
tax records. If the last known address cannot be ascertained, the
notice may be posted on the outside front entrance of the building.
The time of service of the notice shall be determined, where service
is by mail, as of the day following the day of mailing for notices
to addresses within the Borough and as of the third day after the
day of mailing for notices to addresses outside the Borough. When
the day of service falls on a Sunday or other day when mail is not
ordinarily delivered, then the day of service shall be the next regular
delivery day.
D.
Appeals; notice of hearing. Any person aggrieved by a notice or order
issued in connection with the enforcement of any provisions of this
code by the public officer may request and shall be granted a hearing
on the matter before the Mayor and Council, provided that such person
shall file in the office of the Clerk a written petition requesting
such hearing, setting forth a brief statement of the grounds therefor,
within 10 days after the day the notice or order was served or within
10 days from the date on which the action complained of occurred.
The Borough Clerk, upon receipt of the request, shall, within 10 days,
send written notice to the aggrieved party setting the matter down
for a hearing within 45 days.
E.
Hearing. Upon receipt of the petition, the Clerk shall forward the
petition to the Mayor and Council, who shall set a time and place
for such hearing and shall give the petitioner written notice thereof.
(1)
At the hearing, the petitioner shall be given an opportunity to be
heard and shall show why such notice, order or other action complained
of should be modified or reversed.
(2)
Testimony. At the time set for the hearing, the petitioner may present
such evidence or testimony in his/her behalf as he/she may deem necessary
and desirable. The proceedings at such hearing, including the findings
and decision, shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Clerk. The records
shall include a copy of every notice or order issued in connection
with the matter.
(3)
Decision. Upon completion of the hearing, or at the next regularly
scheduled meeting of the Mayor and Council, the Mayor and Council
shall make their findings of fact and conclusions of law and may affirm,
modify or reverse the order appealed from. Copies of the resolution
shall be filed with the public officer and Borough Clerk and mailed
to the appellant.
F.
Extensions of time. The Mayor and Council may extend the time for
correction or abatement of the violations for an additional period
of time, not to exceed 30 days, except where major capital improvements
or renovation is involved, in which instance the time for completion
may be extended for such a period as the Mayor and Council may deem
reasonably adequate.
G.
Summary abatement and emergency; notice and hearing not required.
Where the violations or conditions existing on the premises pose an
immediate threat to life and limb unless abated without delay, the
public officer or Mayor and Council may either abate the violation
or condition immediately or order the owner, operator or occupant
to correct the violation or condition within a period of time not
to exceed three business days; and upon failure to do so, the public
officer shall abate the conditions immediately thereafter.
H.
Cost of abatement to be a lien against premises.
(1)
If abatement of a nuisance, as defined in the code, correction of
a defect in the premises or maintenance of the premises to conform
to the applicable provisions of this code or other ordinances or laws
requires spending of Borough funds, the public officer shall present
a report of work and materials proposed to accomplish the foregoing
to the Mayor and Council with an estimate of the cost thereof and
a summary of the proceedings undertaken by the public officer to secure
compliance, including notices served upon the owners, operators, lessors,
occupants and/or agents, as the case may be, and hearings and orders
of the public officer with reference thereto.
(2)
The Mayor and Council may thereupon, by resolution, authorize the
abatement of the nuisance, correction of the defect and/or work and
purchase of materials to place the premises in compliance with this
code and/or other applicable ordinances and laws. If such resolution
is made, the public officer may proceed to have the work performed
in accordance with said resolution at the Borough's expense, not to
exceed the amount specified in the resolution, and shall, upon completion
thereof, submit a report of the cost incurred to the Council. After
review of the same, the Council may approve the cost, whereupon the
cost so incurred shall become a lien against the premises, collectible
as provided by law, and recorded with the Sussex County Clerk.
(3)
A copy of the resolution approving the cost shall be certified by
the Council and filed with the Tax Collector, who shall be responsible
for the collection thereof, and a copy of both the report and resolution
shall be sent by certified mail to the assessed owner(s) of the premises
at the address set forth in the records maintained by the Tax Collector.
J.
Effect of notice on owner. For the purpose of enforcement of this
code, the service of a notice on an owner, whether or not the owner
is also the operator, shall constitute notice of violations set forth
therein until the violations are abated in conformity with this code
and the other applicable ordinances of the Borough.
A.
Adoption of rules and regulations by public officer. The public officer
shall appear before the Planning and Zoning Board or the governing
body to request consideration of such written rules and regulations
as may be necessary for the proper interpretation and administration
of the provisions of this code, provided that such rules and regulations
do not conflict with this code and conform to the general standards
prescribed by this code. Provided that, after an advertised public
hearing regarding such rules and regulations, they are published once
in the official newspaper of the Borough, they shall have the same
force and effect as the provisions of this code, and the violations
thereof shall be enforced as violations of the express provisions
of this code as herein provided.
B.
Issuance of inspection and status reports.
(1)
Application for inspection. Whenever any owner, operator, occupant,
prospective purchaser, mortgagee or prospective occupant shall apply
to the public officer for an inspection in order to ascertain if any
provision of this code has been violated, the public officer shall,
upon receipt of written consent signed by the owner and receipt of
the required fee, cause an inspection to be made of the premises and
issue a citation for any violations of this code on the premises.
The applicant for inspection shall state in writing his/her full name,
residence and the reason and basis for which the inspection is requested.
The public officer may deny the application for failure to comply
with this requirement.
(2)
Application for status report. When an owner, operator, occupant,
prospective purchaser, mortgagee or prospective occupant requests
a status report as to whether or not there are known violations presently
on the premises, then, upon receipt of written consent signed by the
owner and payment of the required fee, a copy of any notice or order
of any violation then pending shall be sent to the applicant and owner.
(3)
No inspection report or status report issued pursuant to the provisions
of this chapter shall be construed as providing a defense against
any violation of this code or any other ordinance of the Borough,
whether or not the condition or violation existed at the time of such
inspection or issuance of status report. The inspection or status
report is provided as a convenience to the public and shall not constitute
a limitation on the enforcement of this code. The inspection or status
report shall address only such matters and conditions which are the
subject of this code.
A.
A violation of any section or subsection of this chapter shall be punishable in accordance with Chapter 1, General Provisions, § 1-15, subject to § 104-13C of this code. Each day that the violation shall continue shall be considered a separate violation. All violations and penalties will be subject to monetary and performance remedies only. If there is any conflict between this section and General Provisions, § 1-15, this section shall prevail.
B.
If a fine or penalty is ordered by the Municipal Court or any other
court of competent jurisdiction against the owner, operator or lessor
of a premises or building or structure in the Borough for violation(s)
of this code, the fine or penalty shall be collectible as a lien against
the premises and, in addition thereto, shall be collectible pursuant
to any other methods and remedies allowed by law.
C.
Any person who is found to have filed a frivolous or malicious complaint under this chapter shall receive notice and may appeal such notice in accordance with § 104-11. Any person who shall be found to have filed a frivolous or malicious complaint shall be fined not less than $500 for each false or malicious filing.
D.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be fined not less than $250
per violation, which may be waived or reduced upon application to
the Council for reasonable cause and performance of remediation.
[Added 7-10-2017 by Ord.
No. 2017-4; amended 3-13-2023 by Ord. No. 2023-5]
A.
ABANDONED PROPERTY
(1)
(a)
(b)
(c)
(d)
(2)
EVIDENCE OF VACANCY
OWNER
PUBLIC OFFICER
VACANT PROPERTY
Definitions. As used in § 104-14, the following terms shall have the meanings indicated:
Defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., and means the following:
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A.
55:19-83), any property which has not been legally occupied for a
period of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property on a determination
by the public officer that:
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and no rehabilitation has taken place
during that six-month period;
Construction was initiated on the property and was discontinued before completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months as of the date of a determination made by the public officer pursuant to this § 104-14A;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Chapter 4 of Title
54 of the Revised Statutes (see N.J.S.A. 54:4-1 et seq.) as of the
date of a determination by the public officer pursuant to this section;
or
The property has been determined to be a nuisance by the public
officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential space, none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection (1)(a) or (1)(d) of the definition of "abandoned property" set forth in this § 104-14A.[1]
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include, but is not limited to, evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past-due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
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, § 17,
as amended), or any other entity determined by the Borough of Andover
to act with respect to the property.
The Code Enforcement Officer of Andover Borough.
A building that was or is used or whose purpose is to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased for a period of at least three months; and/or commercial property that has not been legally occupied or at which substantially all lawful construction operations have ceased for a period of at least three months, and which exhibits evidence of vacancy such that a reasonable person would believe that the property is vacant. Alternatively, property which is "abandoned property" as defined in § 104-14A is vacant property. A property that contains all building systems in working order, is being maintained on a regular basis, has not been cited by the Borough for any violation of a municipal ordinance within such time as it is unoccupied and is being actively marketed by its owner for sale or rental shall not be deemed vacant.
[1]
Editor's Note: The former definition of "creditor," which
immediately followed this definition, was repealed 3-13-2023 by Ord.
No. 2023-5.
B.
Registration.
(1)
General requirements.
(a)
An owner of vacant property shall, within 30 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, and also within 10 calendar days of receipt of notice from the Borough requesting registration, file a registration statement for each such vacant property with the Borough of Andover on forms provided by the Borough of Andover for such purposes. Any failure to receive notice from the Borough shall not constitute grounds for failing to register the property. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, by no later than January 31 of each year, as long as the building remains vacant property and shall pay a registration or renewal fee as prescribed in § 104-14B(3) for each vacant property registered. The initial and renewal fees shall be prorated and/or credited accordingly on receipt by the public officer of proof of legal occupancy. Each vacant property having a separate block and lot number as designated in the official tax maps of the Borough shall be registered separately.
(b)
Any owner of a building meeting the definition of "vacant property"
as of the effective date of this section shall file a registration
statement for that property on or before the 60th day following the
effective date of this section.
(c)
The registration statement shall include the information required under § 104-14B(2) hereof and any additional information which the public officer may reasonably require.
(d)
The owner shall notify the Borough of Andover within 30 days
of any change in the registration information by filing an amended
registration statement on a form provided by the Borough of Andover
for such purpose.
(e)
The registration statement shall be deemed prima facie proof
of the statements therein for the purpose of any administrative enforcement
or court proceeding instituted by the Borough of Andover against the
owner of the vacant property.
(2)
Registration statement requirements; property inspection.
(a)
After filing a registration statement or a renewal of a registration
statement, the owner of vacant property shall provide access to the
public officer, if requested and following reasonable notice, during
the period covered by the initial registration or any subsequent renewal.
If an inspection of the interior of the property is deemed by the
public officer to be necessary due to complaints or other cause, the
fee for each such inspection shall be $100 payable to the Borough
of Andover.
(b)
The registration statement shall include the name, street address,
email address (if one exists) and telephone number of a natural person
21 years of age or older, designated by the owner(s) as the authorized
agent for receiving notices of code violations and for receiving process
in any court or administrative enforcement proceeding, on behalf of
such owner(s) in connection with the enforcement of any applicable
code. The designated agent must have a contact number that will be
available 24 hours per day on an emergency basis. The statement shall
also include the name of the person responsible for maintaining and
securing the property, if different from the designated agent.
(c)
An owner who is a natural person and who meets the requirements of § 104-14B(2)(b) as to availability of a contact number on a twenty-four-hour emergency basis may designate himself or herself as agent.
(d)
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court or administrative enforcement proceeding brought to enforce code provisions concerning the registered property by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purpose of this section until the owner notifies the Borough of Andover of a change of the authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from the requirements of § 104-14B.
C.
Duties of owners of vacant and abandoned property. The owner of a
building that has become vacant or abandoned property, and any person
maintaining, operating or collecting rent for any such building that
has become vacant or abandoned, shall thereupon immediately:
(1)
Post and keep posted a sign affixed to the inside of the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process [if designated pursuant to § 104-14B(2) hereof], 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 of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches;
(2)
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Borough of Andover and maintain the sign required by § 104-14C(1) hereof until the building is legally occupied or demolished or until repair or rehabilitation of the building is complete;
(3)
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Borough of Andover;
(4)
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Borough of Andover for the
delivery of circulars and advertisements to the property;
(5)
Make provision for winterizing the property by the cessation of water
service to the property and the draining of water lines, other than
buildings with a fire sprinkler system;
(6)
Make provision for the cessation of electric or gas utility services
to the property, other than buildings with a fire sprinkler system;
and
(7)
Make provision for the regular maintenance of the exterior of the
property.
D.
Violations and penalties. Anyone who violates a provision of § 104-14B or C shall be subject to the consequences set forth in § 1-15, Standardization of penalties, of the Code of the Borough of Andover. In addition, each failure to file a registration statement on time or to provide correct information on the registration statement shall constitute a violation. Fines assessed under this section shall be a lien on the property.
E.
Responsibilities of creditors; violations and fines. See § 104-15.
[Amended 3-13-2023 by Ord. No. 2023-5]
F.
Municipal powers to rehabilitate abandoned properties. The Borough
of Andover shall retain the option and authority to exercise such
powers granted to municipalities by the State of New Jersey for the
rehabilitation of abandoned property. Such powers are set forth, inter
alia, in the Abandoned Properties Rehabilitation Act (N.J.S.A. 55:19-78
et seq.) and in applicable portions of the New Jersey Urban Development
Corporation Act (N.J.S.A. 55:19-1 et seq.). These statutory powers
are collectively referred to herein as the "enabling statutes."
G.
Public officer. The public officer is responsible for enforcing the provisions of § 104-14 and for rehabilitation of abandoned property. All enforcement of the provisions of § 104-14, unless expressly stated to the contrary, shall be under his/her direction and supervision.
[Amended 3-13-2023 by Ord. No. 2023-5; 9-11-2023 by Ord. No. 2023-22]
H.
Designation of abandoned property. The public officer shall designate
a property as an "abandoned property" if said property meets the criteria
set forth in N.J.S.A. 55:19-81 (abandoned property criteria) and/or
N.J.S.A. 55:19-82 (nuisance property criteria). The public officer's
designation is limited by the provisions of N.J.S.A. 55:19-83.
I.
Abandoned property list. The public officer shall establish an abandoned
property list pursuant to N.J.S.A. 55:19-55. An interested party,
as that term is defined in N.J.S.A. 55:19-105a, may request that the
public officer include a property on the Abandoned Property List,
pursuant to N.J.S.A. 55:19-105.
J.
Rights of owner of abandoned property. The owner of a property on
the abandoned property list has such rights designated to said owner
by the enabling statutes. Such powers include but are not limited
to:
K.
Municipal powers. The Borough of Andover has and retains such powers
and rights regarding abandoned properties as set forth in the enabling
statutes. Such powers include but are not limited to:
(1)
Sale of tax lien, pursuant to N.J.S.A. 55:19-56.
(2)
Special tax sales, pursuant to N.J.S.A. 55:19-101.
(3)
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58.
(4)
Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100.
(5)
Possession and control of property, pursuant to N.J.S.A. 55:19-84
to 55:19-92 et seq.
(6)
Rehabilitation and reuse of property, while in possession and control,
pursuant to N.J.S.A. 55:19-90.
(7)
Borrowing money and making applications for rehabilitation of property,
while in possession and control, pursuant to N.J.S.A. 55:19-91.
(8)
Sale of property pursuant to N.J.S.A. 55:19-96.
(9)
Purchase of property, pursuant to N.J.S.A. 55:19-96.
(10)
Recover rehabilitation costs by lien on property, pursuant to
N.J.S.A. 55:19-98.
(11)
Clearance, development, redevelopment or repair of property
through power of eminent domain, pursuant to N.J.S.A. 55:19-56 and
55:19-102.
L.
Rights of utilities. Electric and natural gas utilities retain such
rights to abandoned properties as set forth in N.J.S.A. 55:19-106
and 55:19-107.
M.
Compliance with other provisions. Nothing in § 104-14 is intended to nor shall be read to conflict or prevent the Borough of Andover from taking action regarding buildings found to be unfit for human habitation or unsafe structures as provided in applicable provisions of the Code of the Borough of Andover and/or the Uniform Construction Code. Further, any action taken under any such code provision shall not relieve an owner from his, her or its obligations under § 104-14.
N.
Interpretation. All references in § 104-14 to statutes include all amendments thereto. References to particular sections of enabling statutes are for ease of reference but may not be exhaustive and are not meant to be exclusive of other applicable statutory provisions contained in enabling statutes or elsewhere in New Jersey statutes.
[Added 3-13-2023 by Ord. No. 2023-5; amended 9-11-2023 by Ord. No. 2023-22]
A.
CREDITOR
PROPERTY
PUBLIC OFFICER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Mortgagee or an agent or assignee of a mortgagee, such as
the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this section, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
Any building or structure or portion thereof and the land
appurtenant thereto.
The Code Enforcement Officer of Andover Borough.
B.
Vacant and abandoned property. For the purposes of this section,
a property shall be considered vacant and abandoned if it is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, because of the presence or finding
of at least two of the following:
(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 and abandoned;
(9)
Windows or entrances to the property that are boarded up or closed
off, or multiple windowpanes 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 the 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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
C.
Duties of creditors.
(1)
A creditor shall, in addition to the notice provided to the Borough of Andover pursuant to Section 17 of N.J.S.A. 46:10B-51 or Section 2 of N.J.S.A. 40:48-2.12s2 register the residential or commercial property with the municipality's property registration program as a property in foreclosure and, as part of that registration: a) provide the municipality with the information regarding the creditor required by Paragraph (1) of Subsection a. of Section 17 of N.J.S.A. 46:10B-51 or Paragraph (1) of Subsection a. of Section 2 of N.J.S.A. 40:48-2.12s2 b) identify the date the complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and c) identify whether the property is vacant and abandoned in accordance with Subsection B of § 104-15.
(2)
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration requirements following the filing of the complaint, the
creditor shall update the property registration with the Borough within
10 days of the change in that information.
(4)
The creditor shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the Borough and shall specifically, but without limitation, comply with the duties applicable to owners of vacant and abandoned property as set forth in § 104-14C.
(5)
A creditor located out-of-state shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
(6)
A creditor shall comply with the requirements of § 104-14C relating to the care, maintenance, security, and upkeep of the exterior of the property, and post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the creditor or an out-of-state creditor's in-state representative or agent for the purpose of receiving service of process, or acquire and otherwise maintain liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property while registered with the Borough.
D.
Enforcement.
(1)
The public officer or other authorized municipal official is authorized to issue a notice to the creditor if the public officer or other authorized municipal official determines that the creditor has violated any requirements of § 104-15.
(2)
In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, such notice shall require the creditor to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The notice issued shall include a description of the conditions which give rise to the violation. If the creditor fails to remedy the violation within that time period, the creditor shall be subject to the penalties set forth in Subsection G of § 104-15.
(3)
If the Borough expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to the provisions of § 104-15D but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including, but not limited to, the recourse provided under Section 23 of P.L. 2003, C. 210 (N.J.S.A. 55:19-100).
E.
In its discretion, the Borough of Andover to contract with and set
the compensation of a private entity, pursuant to the "Local Public
Contracts Law," N.J.S.A. 40A:11-1 et seq., to assist the Borough in
the implementation and administration of the property registration
program.
F.
Creditors shall pay annual fees in accordance with the provisions of § 66-4G of the Code of the Borough of Andover.
G.
Violations; penalties.
(1)
An out-of-state creditor subject to § 104-15 found by the municipal court, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Paragraph (1) of Subsection a. of Section 17 of N.J.S.A. 46:10B-51 or Paragraph (1) of Subsection a. of Section 2 of N.J.S.A. 40:48-2.12s2 for providing notice to the Borough Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
(2)
A creditor subject to § 104-15 found by the municipal court or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection G(1) of § 104-15 shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following receipt of the notice of violation, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
H.
No less than 20% of any money collected pursuant to § 104-15 shall be used for municipal code enforcement purposes.
I.
Compliance with other provisions. Nothing in § 104-15 is intended to nor shall be read to conflict or prevent the Borough of Andover from taking action regarding buildings found to be unfit for human habitation or unsafe structures as provided in applicable provisions of the Code of the Borough of Andover and/or the Uniform Construction Code. Further, any action taken under any such code provision shall not relieve an owner or creditor from his, her or its obligations under § 104-15.
J.
Interpretation. All references in § 104-15 to statutes include all amendments thereto. References to particular sections of enabling statutes are for ease of reference but may not be exhaustive and are not meant to be exclusive of other applicable statutory provisions contained in enabling statutes or elsewhere in New Jersey statutes.
