Borough of Morris Plains, NJ
Morris County
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Table of Contents
Table of Contents
[Ord. No. 17-2008, § 1]
(a) 
The purpose of this article is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises. It fixes certain responsibilities upon owners, operators, occupants and other persons. It also fixes penalties for the violation of this article and provides procedures for correcting violations in those cases requiring Borough action. This article is hereby declared to be remedial, protective preventative and essential for the public interest, and it is intended that this article be liberally construed to effectuate the purposes as stated herein.
(b) 
Every residential and nonresidential structure and the premises on which it is situated in the Borough, used or intend to be used for dwelling, commercial, business or industrial occupancy, shall comply with the provisions of this article, whether or not such structure shall have been constructed, altered or repaired before or after the enactment of this article, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or for the installation or repair of equipment or facilities prior to the effective date of this article. This article establishes minimum standards for the maintenance of all buildings and does not replace or modify standards otherwise established for the habitability, construction, repair, alteration or use of the building, equipment, or facilities contained therein, except as may be provided in Section 29-4.
[Ord. No. 17-2008, § 1]
The following terms, wherever used herein or referred to in this article, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:
ABANDONED MOTOR VEHICLE
Any unlicensed or unregistered motor vehicle which is not capable of operation or has been in an inoperable condition for more than seven calendar days.
DETERIORATION
The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof, or any building or any part thereof, which may be lawfully viewed by the public.
EXTERIOR OF THE PREMISES
The open space on the premises and on adjoining premises under the control of the owners or operators on the outside of the premises.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their nests or harborage places, by removing or making inaccessible those materials that may serve as their food, by poison, spraying, fumigating, trapping, or by any other approved pest elimination methods.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. (See also "refuse" and "rubbish.")
INFESTATION
The presence, within or contiguous to the structure or premises, of insects, rodents, vermin or other pests.
JUNK
Any old, discarded or unused waste iron or other metal or substance, glass, paper, used lumber, rags, machine parts, accessories, machinery, machines, unregistered motor vehicles which are unfit for operation, used parts of motor vehicles and any material commonly known and generally referred to as "junk" in the ordinary and accepted meaning of the word.
(a) 
Any public nuisance as defined by statute or ordinance or at common law.
(b) 
Any unattractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot. This includes but is not limited to abandoned motor vehicles, abandoned cesspools, abandoned wells, shafts, basements, excavations, abandoned refrigerators, any structurally unsound fences or structures, used lumber, trash, junk, debris or vegetation, such as poison ivy, poison oak or poison sumac, which may prove hazardous.
(c) 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
(d) 
Insufficient ventilation or illumination in violation of this article.
(e) 
Inadequate or unsanitary sewage or plumbing facilities in violation of this article.
(f) 
Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this article.
(g) 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
(h) 
Fire hazards.
OCCUPANT
Any person living or sleeping in a building or having possession of a space within a building.
OPERATOR
Any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without, the knowledge and consent of the owner.
OWNER
Any person or entity who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling unit as owner or as executor, administrator, trustee, receiver or guardian of the estate, or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon. For the purpose of this article, a vacant lot shall be defined as a "lot."
(a) 
All putrescible and nonputrescible solid waste, except body wastes, including but not limited to garbage, rubbish, ash, street cleanings, dead animals, abandoned motor vehicles and solid market and industrial wastes. (See also "garbage" and "rubbish.")
(b) 
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as wrappings, cigarettes, cardboard, bedding, crockery and similar materials. (See also "garbage" and "refuse.")
[Ord. No. 17-2008, § 1]
In any case where the provisions of this article impose a higher standard than set forth in any local ordinance or under the laws of the state, then the standards as set forth herein shall prevail, but if the provisions of this article impose a lower standard than any other local ordinance or the laws of the state, then the higher standard contained in any such other ordinance or law shall prevail.
[Ord. No. 17-2008, § 1]
No license, permit or other certification of compliance with this article shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, operator, or occupant from complying with any such other provision or any official of the Borough from enforcing any such other provision.
[Ord. No. 17-2008, § 1]
(a) 
Owners and operators shall have all the duties and responsibilities described in this article, and no owner or operator shall be relieved from any such duty and responsibility or be entitled to defend against any charge or violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
(b) 
Occupants shall have all the duties and responsibilities as prescribed in this article and all the regulations promulgated thereto, and the occupants shall not be relieved from any such duty and responsibility or be entitled to defend against any charge or violation thereof by reason of the fact that the owner is also responsible therefor and in violation thereof.
(c) 
Unless expressly provided to the contrary in this article, the respective obligations and responsibilities of the owner and operator on 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.
[Ord. No. 17-2008, § 1]
(a) 
Appearance of exterior of premises and structures. The exterior of premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor on adjoining property.
(b) 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. [Section 302.1 of the BOCA 2000 International Property Maintenance Code]
(c) 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. [Section 302.3 of the BOCA 2000 International Property Maintenance Code]
(d) 
Exhaust vents. Pipes, ducts, conductors, fans and blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. [Section 302.6 of the BOCA 2000 International Property Maintenance Code]
(e) 
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. [Section 302.7 of the BOCA 2000 International Property Maintenance Code]
(f) 
General exterior structure. The exterior of every structure or accessory structure, including fences, shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties protected from blighting influences.
(g) 
Exterior painting. All wood and metal surfaces, including but not limited to window frames, doors, door frames, cornices, porches and trim shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. [Section 303.2 of the BOCA 2000 International Property Maintenance Code]
(h) 
Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads. [Section 303.4 of the BOCA 2000 International Property Maintenance Code]
(i) 
Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition as to prevent the entry of rats. [Section 303.5 of the BOCA 2000 International Property Maintenance Code]
(j) 
Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and shall be maintained weatherproof and properly surface-coated where required to prevent deterioration. [Section 303.6 of the BOCA 2000 International Property Maintenance Code]
(k) 
Roofs and drainage. The roof and flashing shall be sound, tight and shall not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. [Section 303.7 of the BOCA 2000 International Property Maintenance Code]
(l) 
Decorative features. All cornices, belt courses, corbels, terra-cotta trim, wall facings and similar decorative features shall be maintained in good repair, with proper anchorage, and in a safe condition. [Section 303.8 of the BOCA 2000 International Property Maintenance Code]
(m) 
Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and shall be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment. [Section 303.9 of the BOCA 2000 International Property Maintenance Code]
(n) 
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage, and capable of supporting the imposed loads. [Section 303.10 of the BOCA 2000 International Property Maintenance Code]
(o) 
Chimneys and towers. All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. [Section 303.11 of the BOCA 2000 International Property Maintenance Code]
(p) 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. [Section 303.12 of the BOCA 2000 International Property Maintenance Code]
(q) 
Motor vehicles.
(1) 
No inoperable motor vehicle, currently unregistered motor vehicle or motor vehicle without a current valid license plate shall be parked, stored or left on any property for more than one week, unless such vehicle is:
(i) 
Kept inside a garage or other enclosed building;
(ii) 
Not exposed to public view;
(iii) 
Underneath a car cover.
(2) 
Parking of motor vehicles on lawns or yards is prohibited, except for temporary emergency parking not to exceed 24 hours or as may be necessary for an occupant to comply with the winter parking regulations established by the Borough.
(r) 
Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any markings, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. [Section 302.9 of the BOCA 2000 International Property Maintenance Code]
(s) 
Accumulation of rubbish or garbage. All exterior property and premises shall be free from any accumulation of rubbish or garbage.
[Ord. No. 17-2008, § 1]
(a) 
There shall not be stored or used, at a location visible from the sidewalk, street or other public areas, equipment and materials relating to commercial or industrial use, unless permitted under the Borough's Zoning Ordinance for the premises.
(b) 
Under no circumstances shall any of the stored materials exceed the height of the appropriate fencing for the specific zone.
[Ord. No. 17-2008, § 1]
Landscaping of all premises shall be properly maintained, with lawns, hedges and bushes kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitutes a blighting factor depreciating adjoining property.
[Ord. No. 17-2008, § 1]
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.
[Ord. No. 17-2008, § 1]
All signs permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair, and printed matter, pictures or illustrations contained thereon shall be completely maintained or, when no longer in use, completely removed. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
[Ord. No. 17-2008, § 1]
All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises fronts, such that the materials used are not of a kind that, by their appearance under prevailing appraisal practices and standards, will depreciate the value of the neighboring and adjoining premises.
[Ord. No. 5-2013, § 1[1]]
(a) 
Definition. An "unoccupied or vacant building" shall mean any building intended for residential use which is not currently occupied or in use. For the purpose of the enforcement of this article, a presumption shall exist that a building vacant or unoccupied for six consecutive months is not currently occupied or in use.
(b) 
Basic equipment and facilities. Every unoccupied or vacant building must comply with the following minimum standards for basic equipment and facilities:
(1) 
Plumbing. Every existing plumbing fixture shall be properly installed and be in sound condition and good repair.
(2) 
Electricity. Every existing outlet and fixture shall be properly connected. Wiring and service lines shall be maintained in good and safe working condition.
(3) 
Heating plant. The heating plant shall be maintained in a safe condition.
(4) 
Cooking equipment. All cooking equipment shall be maintained in a safe condition.
(c) 
Safety from fire. All owners of unoccupied or vacant buildings shall comply with the applicable provisions of the Borough Fire Prevention Ordinance[2] and the following additional standards for safety from fire:
(1) 
No unoccupied or vacant building shall contain any space utilized for the storage of flammable liquids.
(2) 
No room within any vacant or unoccupied building shall be used for storage of junk, rubbish or wastes, furniture or building materials not intended to be used in the existing building.
(3) 
The early detection and containment of fire being a valid municipal concern, the boarding up of doors and windows shall not be permitted except with the permission of the Code Enforcement Officer in emergency situations. When doors and windows are boarded up, they shall be covered with no less than 1/2 inch exterior plywood or equivalent, which shall be the same color as the building exterior. In no case shall boarding up of doors and windows be permitted in excess of 90 days without a waiver from the Borough Council.
(4) 
All windows within 20 feet of the ground or which may be readily accessible shall be secured with security screens, bars and/or grilles, and the security screens, bars and/or grilles on open windows shall include quick-release mechanisms, both of which shall be subject to the approval of the Code Enforcement Officer.
[2]
Editor's Note: See Ch. 11, Fire Prevention.
(d) 
Safe and sanitary maintenance. All unoccupied or vacant buildings shall comply with the following minimum standards for safe and sanitary maintenance:
(1) 
Every foundation, exterior wall or exterior roof shall be weathertight, watertight, and rodentproof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
(2) 
Every floor, interior wall and ceiling shall be substantially rodentproof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
(3) 
Every window, exterior door and basement or cellar door and hatchway shall be weather tight, watertight, rodent proof and locked and shall be kept in sound working condition and good repair.
(4) 
Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.
(5) 
Every yard shall be properly graded so as to prevent the accumulation of stagnant water.
(6) 
There shall be a controlled method of disposing of water from roofs by use of gutters and downspouts, which shall be installed and maintained in sound condition, free of leaks and obstructions.
(7) 
Every building's cellar, basement and crawl space shall be maintained reasonably free from dampness.
(8) 
The exterior of every building or accessory building shall be maintained free of broken windows, loose shingles, crumbling stone or brick or excess peeling paint.
(9) 
The exterior of the premises and the condition of any accessory buildings shall be maintained so that the appearance of the premises and all buildings thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood and such that the appearance of the premises and buildings shall not constitute a blighting factor for adjoining property owners or an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values.
[1]
Editor’s Note: Section 3 of this ordinance provided for the renumbering of former §§ 29-12 through 29-16 as §§ 29-13 through 29-17, respectively.
[Ord. No. 17-2008, § 1]
(a) 
The duty of enforcing the provisions of this article is hereby conferred upon the Zoning Official, Construction Official, Fire Prevention Official, Chief of Police, Board of Health and their designees, each of whom shall be deemed a Code Enforcement Officer and shall have all powers conferred upon them by this article or as may reasonably implied.
(b) 
Whenever the Code Enforcement Officer determines that there is or has been a violation of any provision of this article, then notice of the violation shall be given. Said notice shall be in writing and shall include a concise statement of the alleged violation.
(c) 
A notice of violation shall be served either by hand delivery to the property owner or operator or by leaving a copy at his or her usual place of abode with a person not less than 16 years of age, or by certified or registered mail, return receipt requested, to the owner at the last known address as shown on the most recent municipal tax duplicate of the Borough, or upon the operator at the property address. Should service by hand delivery or post be unsuccessful, then service shall be made by posting a copy of the notice of violation at a conspicuous place on the subject premises and by sending a copy by regular mail to the owner at the last known address as shown on the most recent municipal tax duplicate of the Borough.
(d) 
A notice of violation shall state that, unless the alleged violation is abated, removed or cured within 10 days of the date of service (exclusive of the date of service itself), then a summons shall be issued. The Code Enforcement Officer may, in the Officer's discretion, extend the time period for compliance if, in his or her judgment, it is believed that the alleged violation cannot reasonably be completely corrected within 10 days. In such case, the notice of violation shall set forth the length of time provided to cure the violation.
(e) 
In the event that the alleged violation is not fully remedied within the time period stated in the notice of violation, or such additional time as the Code Enforcement Officer may afford, then a summons shall be issued against the person, persons or entities so notified. Should the same alleged violation continue unabated, the Code Enforcement Officer may issue an additional summons or summonses without the need to serve a notice of violation anew.
[Ord. No. 17-2008, § 1]
Nothing contained herein shall limit the power of the persons or agencies charged with enforcement power to take such further action under the criminal and civil laws of New Jersey in any court of competent jurisdiction as may be necessary to remove or abate any nuisance.
[Ord. No. 17-2008, § 1]
Upon issuance of a notice of violation pursuant to this article, the property owners, operators or occupants shall correct the condition and notify the enforcement officer or agency that said condition has been corrected. A compliance inspection shall then be made. Should full compliance not be achieved at the time of the inspection, the Borough shall be reimbursed for the cost of all reinspections by the property owner. Failure to reimburse the Borough shall result in a lien for said cost being placed against the property.
[Ord. No. 17-2008, § 1]
Where abatement of any nuisance as defined herein was accomplished and the premises brought into compliance with this article through the expenditure of Borough funds, such costs shall be assessed against the premises cited as a lien in the same manner as real estate taxes, if ordered by the court, and shall be enforced by the same officers and in the same manner as taxes.
[Ord. No. 17-2008, § 1; Ord. No. 5-2013, § 2]
Any person, firm or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in the Revised Ordinances of the Borough of Morris Plains, Chapter 1, Section 1-9.
[Ord. No. 16-2014, § 2[1]]
As used in this article, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Borough officers designated in Section 29-13 of this chapter.
CREDITOR
Any person, or any federal or state chartered bank, savings bank, savings and loan association, credit union, or any other financial institution, or other entity servicers, located in-state or out-of-state, who serves a summons and complaint in an action to foreclose on a mortgage on residential property located in the Borough of Morris Plains.
RESIDENTIAL PROPERTY OR PROPERTIES
Any real property and the improvements, buildings, structures thereon used for residential purposes.
[1]
Editor's Note: Section 1 of this ordinance provided for the designation of §§ 29-1 through 29-17 as Article 1.
[Ord. No. 16-2014, § 2]
Any creditor filing a summons and complaint in an action to foreclose on a mortgage on residential property or properties shall be responsible for the care, maintenance, security and upkeep of the exterior of the vacant and abandoned residential property or properties and if the creditor is located out-of-state, shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.
[Ord. No. 16-2014, § 2]
(a) 
Any creditor filing a summons and complaint in an action to foreclose on a mortgage on residential property located in the Borough of Morris Plains shall, within 10 days of serving the summons and complaint, provide written notice to the Borough Clerk that an action to foreclose on a mortgage has been filed against the subject property. The written notice to the Borough Clerk may contain information about more than one property and the written notice shall be provided to the Borough Clerk by regular or certified mail, courier service, or confirmed facsimile transmission. The Borough Clerk shall forward a copy of such written notice to the Code Enforcement Officer.
(b) 
The written notice to the Borough Clerk required pursuant to Paragraph (a) above shall contain for each property identified in the notice: 1) the street address and block and lot number of the property; 2) the full name, address and contact information of an individual located within the State of New Jersey who is authorized to accept service on behalf of the creditor; 3) the name and contact information for the representative or agent of the creditor who is responsible for receiving complaints of property maintenance and code violations; 4) if the creditor is located out-of-state, the full name, address and contact information of an in-state representative or agent who shall be responsible for the care, maintenance, security and upkeep of the exterior of the property if it becomes vacant, and abandoned; and 5) if the property being foreclosed on is an affordable unit pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., that the property is subject to the Fair Housing Act.
(c) 
Pursuant to the New Jersey Foreclosure Act, N.J.S.A. 2A:50-69 et seq., any creditor that has initiated a foreclosure action on any residential property located in the Borough of Morris Plains which is pending in New Jersey shall provide to the Borough Clerk a listing of all residential properties in the Borough for which the creditor has foreclosure actions pending by street address and block and lot number. The Borough Clerk shall forward a copy of such listings to the Code Enforcement Officer.
[Ord. No. 16-2014, § 2]
(a) 
If the owner of a residential property vacates or abandons any residential property in the Borough on which a foreclosure action has been initiated, or if a residential property in the Borough becomes vacant at any point subsequent to the creditor's filing and serving of the summons and complaint in an action to foreclose on a mortgage against the subject property but prior to vesting of title in the creditor or any other third party, and if the exterior of the property is found to be a nuisance or in violation of any applicable state law or Borough ordinance and the Code Enforcement Officer determines that the creditor has violated the ordinance by failing to provide for the care, maintenance, security and upkeep of the exterior of the property, the Code Enforcement Officer shall provide the creditor or the in-state representative/agent of an out-of-state creditor, as applicable, with written notice of the violation, which notice shall include a description of the conditions giving rise to the violation. The notice of violation to the creditor shall require the creditor to correct or remedy the violation within 30 days from the creditor's receipt of the said notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of a notice of violation pursuant to this article shall constitute proof that a property is "vacant and abandoned" for the purpose of N.J.S.A. 2A:50-73.
(b) 
The creditor or in-state representative/agent shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or Borough ordinance.
[Ord. No. 16-2014, § 2]
(a) 
A creditor subject to this article which is found by the Municipal Court of the Borough of Morris Plains 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 Paragraph (a) shall commence 31 days following the creditor's receipt of 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 the creditor's receipt of notice of violation.
(b) 
An out-of-state creditor subject to this article which is found by the Municipal Court of the Borough of Morris Plains or by any other court of competent jurisdiction to be in violation of the requirement to appoint an in-state representative or agent pursuant to this article shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for failure to appoint an in-state representative or agent 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 Borough Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
(c) 
No less than 20% of any money collected pursuant to Article 2 of this chapter shall be utilized by the Borough for municipal code enforcement purposes.