[HISTORY: Adopted by the Township Committee
of the Township of Woolwich as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-4-2005 by Ord. No. 2005-15[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 143,
Property Maintenance, adopted 4-5-2004 by Ord. No. 2004-04.
A certain document, three copies of which are on file in the office of the Woolwich Township Construction Code Official of the Township of Woolwich, being marked and designated as the "International Property Maintenance Code, 2003 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Woolwich 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 of Woolwich are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 143-2 of this chapter.
The following sections are hereby revised:
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Section 101.1 Title
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Insert: Township of Woolwich
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Section 103.5 Fees
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Insert: (Schedule of Fees)
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Section 304.14 Insect Screens
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Insert: January 1-December 31
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Section 602.3 Heat Supply
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Insert: September 1-June 1
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Section 602.4 Occupiable Work Spaces
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Insert: September 1-June 1
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Chapter 143 entitled "Property Maintenance" of the Code of the Township of Woolwich and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, 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 § 143-2 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Added 10-5-2015 by Ord.
No. 2015-20]
The duties and responsibilities of owners and operators are
as follows:
A.
The duties of the owner and operator as herein stated are coextensive
with provisions of the 2009 International Property Maintenance Code
and any other relating ordinance/code and its chapters of the Township
of Woolwich and State Housing Code.
B.
Hazards and unsanitary conditions. The grounds related to buildings
shall be keep free of hazards and nuisances, including but not limited
to the following:
(1)
Refuse, brush, weeds, broken glass, stumps, roots, obnoxious
growths, filth, garbage, trash, debris, slippery conditions and excretion
of pets and other animals on paths, walks, driveways, parking lots,
and parking areas.
(2)
Noxious weeds. (See 302.4 Weeds of the 2009 International Property
Code.)
(3)
Natural growth such as 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.
(4)
Ground surface hazards such as holes, excavations, breaks, projections, obstructions, icy conditions, unclean snow on paths, walks, and parking lots. Upon discovery, such hazards should be properly marked and protected until the hazard is eliminated. All icy conditions, unclean snow on paths, walks, sidewalks and parking lots shall be removed of all snow and ice or, in the case of ice which may be so frozen as to make removal impractical, shall cause the same to be thoroughly covered with sand, salt or cinders within 24 hours after the same shall fall or be formed thereon. (Also see Township Code § 159-17.) All such holes and excavations shall be filled and repaired, walks and steps replaced to original specification and other conditions removed where necessary to eliminate hazards or unsanitary conditions within 30 days of their discovery.
(5)
Landscaping. All premises shall be kept landscaped pursuant
to site plan requirements (nonresidential property), and lawns, hedges
and bushes shall be kept trimmed to keep them from becoming overgrown
and unsightly where exposed to public view, and from constituting
a blighting factor depreciating adjoining property and impairing the
character of the neighborhood. Lawns shall be considered overgrown
and unsightly when grass exceeds eight inches in height.
(6)
Sidewalks damaged by roots of a Township-owned or- supplied
tree must be repaired within 30 days of notification by the Township
designated official.
(7)
Vacant land. Vacant land zoned or used for residential, commercial
or industrial use is subject to the provisions of this chapter and
any other relating chapter for the Township of Woolwich, relating
to the removal of refuse, garbage and weeds. The Code Official is
hereby authorized and directed, in addition to other Township officials,
to initiate and receive complaints with respect to such conditions,
as they affect the value and character of building development in
the township.
[Adopted 12-21-2015 by Ord. No. 2015-25[1]]
[1]
Editor's Note: Editor's Note: This ordinance also repealed
former Article II, Vacant, Abandoned and Foreclosed Properties, adopted
9-3-2013 by Ord. No. 2013-06.
A.
The purpose of this article is to establish a program for identifying
and registering vacant, abandoned and foreclosed properties; to establish
the responsibilities of owners of vacant, abandoned or foreclosed
properties, and to ensure that vacant, abandoned and foreclosed properties
are maintained in compliance with applicable Township, county, state
and federal codes. It is the municipality's further intent to participate
in the county-wide registration program established by Gloucester
County and administered by Community Champions Corporation as a mechanism
to protect neighborhoods from becoming blighted due to the lack of
adequate maintenance and security of vacant, abandoned and foreclosed
properties.
B.
The Township Committee finds, determines and declares that buildings
and property which remain vacant and unoccupied for any appreciable
period of time become a harborage for rodents, an invitation for illegal
occupancy and for illegal activities, as well as a fire hazard, and
that unkempt grounds surrounding the property invite dumping and rubbish
thereon, that such buildings become dilapidated, contribute to commercial
and residential blight, depress market values of surrounding property,
require additional government services, endanger the public safety
and health, and generally remain detrimental to the public good. Unsupervised
vacant/abandoned or foreclosed properties have a negative impact on
surrounding properties and neighborhoods. Owners of such structures
and property should be held accountable for the physical condition
of the property.
C.
This article establishes responsibilities of owners of the vacant,
abandoned and or foreclosed properties and structures and provides
for administration and enforcement of standards related to such property
and structures. This article incorporates the International Property
Maintenance Code and all applicable federal, state and local building
and fire codes. This article shall apply to all vacant, abandoned
or foreclosed property and/or structure within Woolwich Township.
D.
It is in the public interest for the Township to establish minimum
standards of accountability for the owners or other responsible parties
of vacant, abandoned and foreclosed properties in order to protect
the health, safety and welfare of the residents of the Township.
E.
It is in the public interest for the Township to impose a reasonable
administrative fee in conjunction with registration of vacant, abandoned
and foreclosed properties in light of the disproportionate costs imposed
on the Township by the presence of these properties.
For the purposes of this article and unless otherwise expressly
stated, the following words and phrases are defined as follows:
Any real property located in the municipality, whether vacant
or occupied, that is in default on a mortgage with a lis pendens filed
against it by the lender holding a mortgage on the property, is subject
to an ongoing foreclosure action by the lender, is subject to an application
for tax deed or pending tax assessors lien sale, or has been transferred
to the lender under a deed in lieu of foreclosure. The designation
of a property as "abandoned" shall remain in place until such time
as the property is sold or transferred to a new owner, the foreclosure
action has been dismissed, and any default on the mortgage has been
cured with its corresponding lis pendens rescinded.
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured in such
a way as to allow easy access to the interior space by unauthorized
persons.
Codes including, but not limited to, the municipality's Zoning
Code and General Code, International Property Maintenance Code, and
the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
wall, and/or roofs which create hazardous conditions and/or encourage
trespassing; or
Properties cited for a public nuisance; or
Properties that endanger the public's health, safety, or welfare
because the properties or the improvements thereon are dilapidated,
deteriorated, violate minimum health and safety standards, or lack
maintenance per applicable codes.
An owner of property subject to a mortgage, who grants a
lien or equitable interest in property as security for the payment
of a debt.
A structure with a roof supported by columns or walls to
serve as shelter or enclosure.
Any law enforcement officer, building official, zoning officer,
code enforcement officer, fire or building inspector, or other person
authorized by the municipality to enforce the applicable codes.
Any condition that on its own, or combined with other conditions,
would lead a reasonable person to believe the property is vacant.
Such conditions include, but are not limited to, overgrown or dead
vegetation, accumulation of newspapers, circulars, flyers or mail,
past-due utility notices and/or disconnected utilities, accumulation
of trash, junk or debris, broken or boarded-up windows, abandoned
vehicles, the absence of window coverings, such as curtains, blinds
or shutters, the absence of furnishings or personal items consistent
with habitation or occupation, and statements by neighbors, passersby,
delivery agents or government employees that the property is vacant.
The process by which a mortgage is enforced against a parcel
of real property through sale or offering for sale to satisfy the
debt of the borrower.
A person or entity holding a mortgage on a property.
A recorded lien or interest in real property to secure payment
of a loan.
An individual, partnership, association, corporation, company,
titleholder, fiduciary, or other legal entity having a legal or equitable
title or any interest in real property. This term shall also apply
to any person, legal entity or agent responsible for the construction,
maintenance or operation of the property involved.
A person or entity that has foreclosed upon a mortgage on
a property but may not have legal or equitable title.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
A visual inspection to check the minimum requirements as
set forth in the currently applicable International Property Maintenance
Code for sanitary maintenance, life safety, other obvious hazards
and code violations. Such inspections will be done in accordance with
a checklist maintained by the Township.
Anything constructed or erected, the use of which requires
location on or attachment to the ground, and includes buildings.
An unimproved lot or parcel of real property that is not
currently used or occupied and an improved lot or parcel of real property
with at least one building or structure that is not currently used
or occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather shall
be an additional remedy available to the municipality above and beyond
any other state, county or local provisions for same.
Pursuant to the provisions of this article, the municipality
or designee shall participate in the county-wide registration program
established by Gloucester County and administered by Community Champions
Corporation cataloging each abandoned property within the municipality,
containing the information required by this article.
A.
Any mortgagee that holds a mortgage on real property located with
the municipality of Woolwich Township shall perform an inspection
of the property to determine vacancy or occupancy, upon default by
the mortgagor and the recordation of a lis pendens. The mortgagee
shall within 10 days of the inspection, register the property with
the Code Enforcement Department, or designee, on forms or website
access provided by the municipality, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
B.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until the mortgagor or other
party remedies the default or it is found to be vacant or shows evidence
of vacancy at which time it is deemed abandoned, and the mortgagee
shall, within 10 days of that inspection, update the registration
to a vacancy status on forms provided by the municipality.
C.
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and e-mail address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property.
D.
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration.
E.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage in the foreclosure and any properties transferred under
a deed in lieu of foreclosure or sale.
F.
Properties subject to this section shall remain under the annual
registration requirement and the inspection, security and maintenance
requirements of this section as long as they remain vacant or in default.
G.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
H.
Failure to properly register or to modify the registration form from
time to time to reflect a change of circumstances as required by this
section is a violation of this article and shall be subject to enforcement
and penalties.
I.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the municipality
may take the necessary action to ensure compliance and place a lien
on the property for the cost of the work performed to benefit the
property and bring it into compliance.
All fees applicable to this article may be revised by resolution
of the Township Committee. Registration and inspection fees shall
be paid at the time of submitting the registration affidavit. There
shall also be a fee for the filing of any additional or new owner's
affidavit, with such fee being set by resolution of the Township Committee.
For properties that are not registered within the required time frame,
an additional fee for the added cost of the Township's expenses in
having to determine ownership, which may include, but is not limited
to title searches, shall be assessed and is immediately payable. The
payment of all fees under this article is secured by a lien against
the property, which may be placed on the tax roll for collection in
the same manner and subject to the same interest and penalties applicable
to delinquent special assessments.
A.
If the foreclosed-upon vacant or abandoned vacant property includes
vacant or unoccupied buildings, the owner of that property is responsible
for immediately obtaining and paying for the Township's safety and
maintenance inspection (as defined herein) of the building and property,
obtaining necessary permits, making required repairs and obtaining
inspections from the Township annually thereafter until the building
is lawfully occupied, to ensure the buildings are safe, secure and
well maintained. The owner shall demonstrate that all water, sewer,
electrical, gas, HVAC and plumbing systems, exterior finishes and
walls, concrete surfaces, accessory buildings and structures, swimming
pools and spas, roofing, structural systems, foundation and drainage
systems, gutters, doors, windows, driveways, and sidewalks are sound,
operational or properly disconnected.
B.
If, at the time of the safety and maintenance inspection, the inspector
deems that the electrical, plumbing or mechanical systems pose health
or safety hazards and require additional inspection by the registered
code official in that discipline, the owner shall be responsible to
obtain and pay for that requested inspection.
C.
If an owner fails or refuses to complete the inspections required by Subsection A of this section, the possessory lender shall be obligated to complete the inspection upon foreclosure of the property. Additionally, any lender who holds a mortgage on the property located within Woolwich Township shall obtain and pay for the inspection pursuant to Subsection A of this section, to the extent permitted by law, or under the mortgage of the property that is the security for the mortgage, upon default by the borrower, within five days after either the filing of a complaint for foreclosure (if foreclosure is by judicial action) or publishing a notice of foreclosure (if foreclosure is by advertisement.)
All owners, possessory lenders, and lenders (to the extent permitted
by law or the terms of a mortgage), are responsible for compliance
with the requirements of this section which apply to all vacant property
from the time of vacancy, including the time between vacancy and when
registration is required.
A.
The property shall be kept free from weeds, grass, dry brush, overgrown
brush and dead vegetation in accordance with International Property
Maintenance Code, as well as trash, junk, debris, building materials,
and accumulation of newspaper, circulars, fliers, notices, except
those required by federal, state or local law, discarded items, including,
but not limited to, furniture, clothing, large and small appliances,
printed material, signage, containers, equipment, construction materials
or any other items that give the appearance that the property is abandoned.
B.
The property shall be maintained free from graffiti, tagging or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior of the surface.
C.
All front, side and rear yards shall be properly maintained. Landscaping
includes, but is not limited to, grass, ground cover, bushes, trees,
shrubs, hedges or similar plantings. Maintenance includes, but is
not limited to, regular watering, irrigation, cutting, pruning and
mowing of required grasses and landscaping and removal of trimmings.
D.
Pools, spas and other water features shall be kept drained and kept
dry and free from debris. In either case, properties with pools and/or
spas must comply with the minimum security fencing and barrier requirements
of applicable construction, building and property maintenance codes
and ordinances.
E.
Property shall be maintained in a secure manner so as not to be accessible
to unauthorized persons. "Secure manner" includes, but is not limited
to, the closure and locking of windows, doors, gates, and any other
openings of such size that may allow a child to access the interior
of the property and/or structures. Broken windows must be repaired
or replaced within 30 days. Boarding up of open or broken windows
is prohibited, except as a temporary measure.
F.
Owners shall inspect or cause the inspection of vacant property on
a regular basis to verify compliance with this section and other applicable
laws. If the property is owned by a person other than an individual
and/or the lender or possessory lender is located more than 30 miles
away, a local property management company shall be contracted to perform
weekly inspections to verify that the requirements of this section
and any other applicable laws are being met. The property shall be
posted with the name and twenty-four-hour contact telephone number
of a property management company located within 30 miles of the subject
property. The posting shall be no less than 18 inches by 24 inches
and shall be of a seventy-two-point Arial font and shall contain,
along with the name and twenty-four-hour contact number, the words:
"THIS PROPERTY MANAGED BY AND TO REPORT PROBLEMS OR CONCERNS CALL."
The posting shall be placed on the interior of a window facing the
street to the front of the property so it is visible from the street
or secured to the exterior of the building structure facing the street
to the front of the property so that it is visible from the street
or, if no such area exists, on a stake of sufficient size to support
the posting in a location that is visible from the street to the front
of the property, but not readily accessible to vandals. The local
property management company shall inspect the property on a regular
basis to determine if the property is in compliance with the requirements
of this section.
G.
Failure of the mortgagee or owner to properly maintain the property
may result in a violation of the applicable codes and issuance of
a citation or notice of violation in accordance with the International
Property Maintenance Code and the Municipal Code. Pursuant to a finding
and determination by the municipality's Code Enforcement Officer and/or
designee, the municipality may take the necessary action to ensure
compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with all applicable codes.
If a building is fire damaged, the owner or possessory lender
has 90 days from the date of the fire to apply for a permit to start
construction or demolition. An additional ninety-day extension may
be granted by the Township, provided the owner or possessory lender
can demonstrate substantial progress toward completing repairs. Failure
to do so will result in the property being deemed vacant and/or abandoned
and subject to the requirements of this article.
If the owner, lender or possessory lender has failed to secure
the property and it has been secured by the Township, the Township
or its contracted agent may reenter the structure to conduct necessary
inspections to assure compliance with the requirements of this Code
and to determine if there are emergency or hazardous health and safety
conditions in existence.
[Amended 5-16-2016 by Ord. No. 2016-08; 2-18-2020 by Ord. No. 2020-01]
A.
A vacant
building or structure on abandoned or foreclosed property shall not
be occupied until all violations have been corrected in accordance
with the violation or correction notices issued and a certificate
of occupancy has been issued by the Woolwich Township Construction
Code Office. All mechanical, electrical, plumbing and structural systems
shall be certified by a licensed contractor as being in good repair,
the provisions of the International Property Maintenance Code or its
successor, complied with and all blight removed. Further, work conducted
on said property that was not permitted and approved by the Woolwich
Township Construction Code Office shall be permitted, inspected and
approved. In addition, a certificate of occupancy shall not be issued
until all outstanding costs, assessments and/or liens owed to the
Township have been paid in full.
B.
Prior
to transferring title to such a property, the buyer or seller shall
obtain a Housing Code inspection from the municipality, and all deficiencies
noted in the resulting inspection report shall be addressed to the
satisfaction of the inspector prior to the issuance of a certificate
of occupancy. Transfer of title may occur after the report is issued
but before a certificate of occupancy is issued.
A.
Any person who violates any provision of this article or the rules
and regulations issued hereunder shall be fined not less than $100
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this article shall be recoverable from the owner as
defined herein and shall be a lien on the property.
B.
For purpose of this section, failure to file a registration affidavit
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days of receipt of notice
by the Township, and failure to provide correct information on the
registration affidavit, or failure to comply with the provisions of
this article or such provisions contained herein shall be deemed to
be violations of this article.
Any person who opposes, obstructs, or resists any enforcement
officer or any person authorized by the enforcement office in the
discharge of duties as provided in this article shall be punished
as provided in the applicable codes in a court of competent jurisdiction.
Any enforcement officer or any person authorized by the municipality
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed herein.
