[Adopted 12-5-2011 by Ord. No. 1709-2011[1]]
[1]
Editor's Note: This ordinance repealed former Ch. 238, Property
Maintenance, adopted 2-6-2006 by Ord. No. 1554-2006.
A certain document, three copies of which are on file in the office of the Township Clerk of the Township of Hamilton, being marked and designated as the "International Property Maintenance Code, 2009 edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Hamilton, in the State of New Jersey, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Township Clerk are hereby referred to, adopted, and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 238-2 of this article.
The following sections are hereby revised:
A.
Section 101.1. Insert: "Township of Hamilton."
B.
Section 102.3. Amend to read: "Repairs, additions or alterations
to a structure or change in occupancy shall be done in accordance
with the current codes adopted by the Township of Hamilton and the
State of New Jersey."
C.
Section 103.1. Amend the title and all references in this section
from "Department of Property Maintenance Inspection" to "Division
of Code Enforcement," and amend the title and all references to "code
official" to "Code Enforcement Officer."
D.
Section 103.5. Insert: "The fee schedule adopted, and periodically
amended, by the Township Committee, which is available in the Division
of Code Enforcement Office."
E.
Section 106.4. Add the following at the end of the section: "In addition,
any person who shall violate any provision of this code shall, upon
conviction thereof, be subject to a fine of not less than $100 nor
more than $1,000, at the discretion of the court."
F.
Section 108.2. Add to section: "The closing of any vacant structure
shall not occur until a complete premises search has been conducted
by the Township of Hamilton Police Department, to confirm vacancy,
and so that all public life, health, and safety concerns can be addressed
as appropriate."
G.
Section 111.1. Add to section: "The nonrefundable fee for filing
an appeal shall be $100 per violation appealed."
H.
Section 111.2.5. Amend to read: "Members shall serve without compensation."
I.
Section 112.4. Insert: "...not less than $200 nor more than $1,000
per day for each day that work continues after being served with a
stop-work order."
J.
Section
202. Add to the definition of "person": "Person shall also include
a creditor filing the summons and complaint in an action to foreclose."
[Added 12-15-2014 by Ord.
No. 1779-2014]
K.
Section
302. Add to section: "Pursuant to N.J.S.A. 40:48-2.12s, a creditor
filing the summons and complaint in an action to foreclose shall be
responsible for the care, maintenance, security and upkeep of the
exterior of a vacant and abandoned property and, if located out-of-state,
shall be responsible for appointing an in-state representative or
agent to act for the foreclosing creditor."
[Added 12-15-2014 by Ord.
No. 1779-2014[1]]
L.
Section 302.4. Insert: "10 inches."
M.
Section 304.14. Insert: "April 1 to November 1."
N.
Section 602.3. Insert: "October 1 to May 1."
O.
Section 602.4. Insert: "October 1 to May 1."
[Amended 12-15-2014 by Ord. No. 1779-2014]
The Director of Community Development, Zoning Officer, Code
Enforcement Officer, Construction Code Official, or other designated
officer is authorized to notify, in writing, by mailing by certified
mail, return receipt requested, and regular mail or hand delivering
to the owner, or person or entity in control of the subject premises,
or the agent of the owner, person in control or entity, advising him
or the entity of the particular violation. In the event that the property
is in foreclosure, notice may also be sent to the mortgagee in the
manner set forth herein. If the notice is returned showing the letter
was not delivered, a copy thereof shall be posted in a conspicuous
place in or about the structure affected by such notice. The person
or entity shall correct the violation within 30 days from the date
of receipt of the notice, or within 10 days if the violation presents
an imminent threat to public health and safety. Said notice shall
be deemed to serve as a continuing notice for the remainder of the
violation on the subject property in accordance with the provisions
of this article.
In the event that the person or entity owning said land shall
refuse or neglect to abate or remedy the condition complained of,
and which constituted a violation of this article, after said 20 days'
notice, the Code Enforcement Officer or his designee shall cause the
condition complained of to be abated and remedied.
[Added 12-15-2014 by Ord.
No. 1779-2014]
A.
An out-of-state
creditor filing the summons and complaint of foreclosure that is 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 as required by the provisions of N.J.S.A. 40:48-2.12s and
this article shall be subject to a fine of $2,500 for each day of
the violation. Any fines imposed shall commence on the day after the
ten-day period set forth in N.J.S.A. 46:10B-51 for providing notice
to the Municipal Clerk that a summons and complaint in an action to
foreclose has been served.
B.
A creditor
subject to the provisions of this article that is found by the Municipal
Court, or by any other court of competent jurisdiction, to be in violation
of the requirement to correct a care, maintenance, security or upkeep
violation cited in a notice issued pursuant to this article 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, except if the violation presents an imminent
risk to the public health and safety, in which case any fines shall
commence 11 days following receipt of the notice.
If the owner, entity or person in possession of the dwelling
or lands in question shall fail to abate the condition complained
of within the time period specified after receipt of notice, the Code
Enforcement Officer or his designee shall cause the condition complained
of to be abated, either by action of the Department of Public Works
or by engagement of an outside contractor, and shall present a report
of the work accomplished to the Township Committee, along with a summary
of the abatement undertaken to secure compliance. He or she shall
certify the actual labor costs of same plus 25%, but not less than
administrative fee of $100, to the Township Committee, which shall
examine the report and certificate and, if it is correct, cause the
cost as shown thereon to be charged against the dwelling or lands.
A copy of the resolution approving the expenses shall be certified
by the Township Clerk and filed with the Tax Collector, who shall
be responsible for the collection thereof. The amount so charged shall
forthwith become a lien upon the dwelling or lands and shall be added
to and become and form part of the taxes next assessed and levied
upon such dwelling and lands, shall bear interest at the same rate
as the taxes, and shall be collected and enforced by the same officer
and in the same manner as taxes. Costs shall be in addition to any
penalties imposed for any violation of this article.
Ordinance No. 1554-2006 of the Township of Hamilton, entitled
"Property Maintenance," and all other ordinances or parts of ordinances
in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this
article is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this article.
The Township Committee hereby declares that it would have passed this
article, and each section, subsection, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
This article and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect upon final passage, adoption and publication
in the manner prescribed by law.
Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court or other tribunal, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 238-6 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article. Any pending suit or matter shall be controlled by the ordinances in effect at the time of the alleged violation, which shall not be affected by the adoption of this article.
