[HISTORY: Adopted by the Township Committee
of the Township of Mantua 12-14-2004 by Ord. No. O-28-2004 (Ch. 124 of the
1978 Code). Amendments noted where applicable.]
[Amended 6-16-2014 by Ord. No. O-8-2014]
The International Property Maintenance Code
2009, published by International Code Council, is hereby adopted as
the Mantua Township Property Maintenance Code for the control of buildings
and structures as therein provided, and each and all regulations,
provisions, penalties, conditions, and terms of said Code are hereby
referred to, adopted, and made a part hereof, as if fully set forth
in this chapter, with the additions, insertions, deletions, and changes,
if any, prescribed herein.
The International Property Maintenance Code/2003
is amended and revised in the following respects:
Any unoccupied building that is to have windows
and doors covered with wood or any other protective covering must
be covered with materials that are painted to conform with the existing
decor of the building.
[Added 10-6-2014 by Ord. No. O-10-2014]
A.
ABANDONED PROPERTY
(1)
(2)
(3)
(4)
OWNER
PUBLIC OFFICER
VACANT PROPERTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Pursuant to N.J.S.A. 55:19-81, defined as follows: Any property
that 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 upon 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
prior to 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 by the public officer pursuant to this
section;
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 of the date of the 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 al.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial 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) or (2) of this section.
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant/abandoned property,
any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51
(P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any
other entity determined by the Township of Mantua to have authority
to act with respect to the property.
Shall consist of the following individuals: Code Enforcement
Officer, Construction Official, Zoning Officer, Housing Officer, Zoning/Code
Enforcement Secretary or any other person designated by the Mayor
or Business Administrator.
Any building used or to be used as a residence, commercial
or industrial structure which is not legally occupied or at which
substantially all lawful construction operations or occupancy has
ceased, and which is in such condition that it cannot legally be reoccupied
without repair or rehabilitation, including but not limited to any
property meeting the definition of abandoned property in N.J.S.A.
55:19-81; provided, however, that any property where all building
systems are in working order, where the building and grounds are maintained
in good order, or where the building is in habitable condition, and
where the building is being actively marketed by its owner for sale
or rental, shall not be deemed a vacant property for purposes of this
section.
B.
Registration requirements. Effective January 1, 2015, the owner of
any vacant property as defined herein shall, within 30 calendar days
after the building becomes vacant property or within 30 calendar days
after assuming ownership of the vacant property, whichever is later;
or within 10 calendar days of receipt of notice by the municipality,
file a registration statement for such vacant property with the Zoning
Office on forms provided by the Township for such purposes. Failure
to receive notice by the municipality shall not constitute grounds
for failing to register the property.
(1)
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
(2)
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceedings
on behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and email (if applicable) of the firm and the actual name(s) of the
firms individual principal(s) responsible for maintaining the property.
The individual or representative of the firm responsible for maintaining
the property shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis. The two entities may be the same or different
persons. Both entities shown on the statement must maintain offices
in the State of New Jersey or reside within the State of New Jersey.
(3)
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be prorated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant and/or abandoned property and shall pay a registration or renewal fee in the amount prescribed in Subsection F of this section, for each vacant property registered.
(4)
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
(5)
The owner shall notify the Township within 30 calendar days of any
change in the registration information by filing an amended registration
statement on a form provided by Zoning Office for such purpose.
(6)
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township against the owner or
owners of the building.
C.
Access to vacant properties.
(1)
The owner of any vacant property registered under this section shall
provide access to the Township to conduct exterior and interior inspections
of the building to determine compliance with municipal codes, upon
reasonable notice to the property owner or the designated agent. Such
inspections shall be carried out on weekdays between the hours of
9:00 a.m. and 4:00 p.m., or such other time as may be mutually agreed
upon between the owner and the Township.
D.
Responsible owner or agent.
(1)
An owner who meets the requirements of this section with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate himself or herself as agent or as the
individual responsible for maintaining the property.
(2)
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
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered building 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 purposes of this section until the owner notifies the Township
in writing of a change of authorized agent or until the owner files
a new annual registration statement.
(3)
Any owner who fails to register vacant/abandoned property under the
provisions of this section shall further be deemed to consent to receive,
by posting on the building, in plain view, and by service of notice
at the last known address of the owner of the property on record within
the Township by regular and certified mail, any and all notices of
code violations and all process in an administrative proceeding brought
to enforce code provisions concerning the building.
E.
Requirements of owners of vacant/abandoned properties.
(1)
The owner of any building that has become vacant/abandoned property,
and any person maintaining or operating or collecting rent for any
such building that has become vacant shall, within 30 days thereof:
(a)
Enclose and secure the building against unauthorized entry as
provided in the applicable provisions of the Township Code, or as
set forth in the rules and regulations supplementing those codes;
(b)
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent
for the purpose of service of process, and the person responsible
for 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 eight inches by 10 inches; and
(c)
Secure the building from unauthorized entry and maintain the
sign until the building is again legally occupied or demolished or
until repair or rehabilitation of the building is complete;
(d)
Ensure that the exterior grounds of the structure, including
yards, fences, sidewalks, walkways, right-of-ways, alleys, retaining
walls, attached or unattached accessory structures and driveways,
are well-maintained and free from trash, debris, loose litter, and
grass and weed growth;
(e)
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete.
F.
Fee schedule.
(1)
The initial registration fee for each building shall be $500. The
fee for the first renewal is $1,000, and the fee for the second renewal
is $1,500. The fee for any subsequent renewal beyond the second renewal
is $3,000.
G.
Violations and penalties.
(1)
Any person who violates any provision of this section 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 section shall be recoverable from the owner and
shall be a lien on the property.
(2)
For purposes of this section, failure to file a registration statement
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 municipality, and failure to provide correct information on
the registration statement, or failure to comply with the provisions
of such provisions contained herein shall be deemed to be violations
of this section.
H.
Severability. Should any section, paragraph, sentence, clause, or
phase of this section be declared unconstitutional or invalid for
any reason, the remaining portions of this section shall not be affected
thereby and shall remain in full force and effect, and to that end
the provisions of this section are hereby declared to be severable.
I.
Conflicting ordinances. All ordinances or parts of ordinances inconsistent
with this section are hereby repealed to the extent of their inconsistencies
only.
The purpose of this section is to extend the requirements of
the Township Property Maintenance Code so that creditors which have
instituted foreclosure proceedings are held to the standards of the
Code and to require creditors to comply with all provisions and be
subject to all appropriate sanctions set forth in P.L. 2014, c. 35.[1]
A.
CREDITOR
VACANT AND ABANDONED RESIDENTIAL PROPERTY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Consistent with Section 3 of P.L. 2008, c. 86,[2] a state-chartered bank, savings bank, savings and loan
association or any credit union, any person required to be licensed
under the provisions of the New Jersey Residential Mortgage Lending
Act, and any entity acting on behalf of the Creditor named in the
debt obligation, including, but not limited to, servicers.
Consistent with Section 1 of P.L. 2010, c.70 (N.J.S.A. 2A:50-73),
residential real estate for which a notice of violation has been issued
pursuant to Section 227-16 of this Chapter and Subsection b of Section
1 of P.L. 2014, c. 35.[3] Residential property shall further be deemed "vacant and
abandoned" where a mortgaged property is not occupied by a mortgagor
or tenant and at least two of the following conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
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;
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;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
Any other reasonable indicia of abandonment.
B.
Creditor responsibility for vacant and abandoned properties.
(1)
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Township shall be immediately
responsible for the care, maintenance, security, and upkeep of the
exterior of the property, after the property becomes vacant and abandoned
as defined in this section.
(2)
Where a creditor is located out-of-state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsection B(1) of this section. Notice of said representative or agent shall be provided to the Township clerk in a manner that is consistent with Subsection A of Section 17 of P.L. 2008, c.127 (the "Save New Jersey Homes Act of 2008"),[4] and shall further include the full name and contact information
of the in-state representative or agent.
[4]
Editor's Note: See N.J.S.A. 55:14K-88 et seq.
C.
Notice.
(1)
Any public officer designated by the Mayor or authorized municipal
official responsible for the administration of any property maintenance
or public nuisance code shall be authorized to issue a notice to a
creditor that has filed a summons and complaint in an action to foreclose
on a residential property within the Township, if the public officer
determines that the creditor has violated this chapter by failing
to provide for the care, maintenance, security, and upkeep of the
exterior of the property.
(a)
Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to Subsection B of this Section and the Save New Jersey Homes Act of 2008.
D.
Violations and penalties.
(1)
A creditor subject to this section that is found by the municipal
court of the Township, 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 section shall be subject to a fine of $1,500 for each day of
the violation.
(a)
Any fines imposed pursuant to this subsection shall commence
31 days following the creditor's receipt of the notice, except
where the violation is deemed to present an imminent risk to the public
health and safety, in which case any fines shall commence 11 days
following receipt of the notice.
(2)
An out-of-state creditor subject to this section that is found by
the municipal court of the Township, 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.
(a)
Any fines imposed on an out-of-state creditor for the failure
to appoint an in-state representative or agent shall commence on the
day after the 10-day period set forth in Paragraph (1) of Subsection
a. of Section 17 of P.L. 2008, c.127 (N.J.S.A. 46:10B-51) for providing
notice to the Municipal Clerk that a summons and complaint in an action
to foreclose on a mortgage has been served.
(3)
No less than 20% of any money collected by the Township pursuant
to this section shall be utilized by the Township for municipal Code
enforcement purposes.
[1]
Editor's Note: See N.J.S.A. 40:48-2.125.
