There is hereby established in the township a State Uniform Construction Code Enforcing Agency to be known as the Southampton Code Enforcement Agency, consisting of a construction official, building subcode official, plumbing subcode official, electrical subcode official, fire protection subcode official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The construction official shall be the chief administrator of the enforcing agency. The fire protection subcode official shall be appointed by the Township Committee from those persons recommended by the fire chief, all others shall be appointed by the Township Committee.
Each official position created in Subsection "a" hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C.217 as amended and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an onsite inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold each such position.
The public shall have the right to do business with the enforcing agency at one office location except for emergencies and unforeseen or unavoidable circumstances.
The construction board of appeals for the township shall be the board of appeals established by the County of Burlington.
[Amended 8-18-2015 by Ord. No. 2015-11; 3-20-2018 by Ord. No. 2018-04]
Construction fees: general provisions.
All fees shall be rounded up to the next highest dollar.
For determining the estimated cost, an applicant shall include cost data by a recognized estimating firm, contractor or bonafide contractor's bid. The construction official shall make the final decision regarding estimated cost.
The fee for a certificate of occupancy shall be paid at the time the permit is obtained and shall be in addition to the construction permit.
The minimum subcode fee will be $85.
Administrative fee/prototype processing: 25% of permit fee.
New construction: $0.047 per cubic foot.
Renovations, alterations and repairs:
Sign fee: $6 per square foot.
Inground pool: $225.
Aboveground pools/spas and hot tubs: $140.
Roofing/siding for R-3 to R-5 use groups (residential): $100; all other: $35 per $1,000.
Satellite dish: $35 per $1,000.
Pool fence or fence over six feet: Refer to Subsection 8-1.3a.8.
Mobile structures, homes and construction trailers: $150.
Radio towers: $35 per $1,000.
Storage tanks, demolition and removal (flammable and combustible): $100.
Tents in excess of 900 square feet: $129.
Aboveground storage tank foundations and containment area: $30 per $1,000 cost.
Asbestos abatement: $196.
Lead hazard abatement: $196.
Application for variation:
Minimum building subcode fee: $85.
Electrical subcode fees:
For the purposes of calculating the following electrical fees, all motors (except plug-in appliances) shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current and smoke/heat detectors:
Each motor or device of 1 hp or 1 kW and less than 10 hp or 10 kW: $22.
Each motor or electrical device of 10 hp or 10 kW and less than 50 hp or 50 kW: $75.
Each motor or electrical device of 50 hp or 50 kw to 100 hp/kw: $139.
Greater than 100 hp or 100 kw: $665.
Aboveground pools, hot tubs and spas: $100; in-ground pool: $160.
Each service or subpanel of 200 amps or less: $90.
Each service or subpanel greater than 200 amps and less than 1,000 amps: $139.
Each service or subpanel greater than 1,000 amps: $640.
Transformers and generators greater than 10 kW and less than or equal to 45 kW: $75.
Each fire and/or intrusion alarm panel: $65.
Annual pool inspection: $85.
Systems up to 10 kW: $300.
Systems greater than 10 kW: $300 for the first 10 kW plus $15 for each additional 1 kW or portion thereof over 10 kW.
All other systems: $300 for the first 10 kW plus $15 for each additional kW or portion thereof over 10 kW.
Array of 1 MW (megawatt) and greater: $5,500 per MW and fraction (Example: 1.5 MW x $5,500 = $8,250).
Each disconnect: $50.
Each inverter: $50.
Each metering device: $50.
Mechanical inspection for HV system: $125 plus electric.
Minimum electrical subcode fee: $85.
Fire subcode fees:
Plumbing subcode fee:
Mechanical subcode fee: For R3 or R5 replacements:
Editor's Note: This ordinance provided that it take effect 2-20-2018.
The fire limits of the Township are hereby established as follows:
BEGINNING at the point of intersection of the center lines of Main Street and Mill Street in the Village of Vincentown, Township of Southampton and runs thence:
West along the center line of Mill Street to the intersection of the same and the center line of Red Lion Street and thence
South along the center line of Red Lion Street to the intersection of the same and the center line of Race Street, and thence
East along the center line of Race Street to the intersection of the same and the center line of Main Street, and thence
South along the center line of Main Street to the intersection of the same and the center line of Grange Street, and thence
East along the center line of Grange Street to the intersection of the same and the center line of Plum Street, and thence
North along the center line of Plum Street to the intersection of the same and the center line of Church Street, and thence
West along the center line of Church Street to the intersection of the same and center line of Main Street, and thence
South along the center line of Main Street to the point or place of BEGINNING.
As used in this section the words or phrases shall have the meaning indicated unless otherwise required by the context:
- Includes all houses, dwellings, stores, business places and other buildings which front on any street in the Township.
- Any street, road, highway, alleyway or avenue for the passage of motor vehicles and pedestrians, whether paved or unpaved, identified on the Official Tax Map of the Township of Southampton and located within the Township borders.
The Township Committee or its delegate shall be authorized to name or change the name of streets within the Township and provide for the erection thereon of signs showing the names thereof and guideposts for travelers at the expense of the township and shall provide for the identification of said streets on the Official Tax Map of the Township.
The map entitled "Emergency Services Map of Southampton Township," dated February, 1991, prepared by Maser Associated, Inc. of Pemberton, New Jersey, as may be amended from time to time, shall be the official street map for the identification and location of all streets within the Township, and a copy of said map shall be kept on file with the Township Clerk.
The Township Committee or its delegate shall plot on the tax map of the township all the properties which now or hereafter front on any street and shall designate and assign a number therefor.
Address requirements. The Township Committee or its delegate shall designate and assign an official address for all buildings which now or hereafter front on any street. The Township Committee or its delegate shall send each building owner or occupant a notice of the official address, which notice shall appear in substantially the following form:
House numbering requirements. The owner or occupant of any building for which an official number is designated shall be required at his own expense to place the official number on the structure or a post so that it is clearly visible from the street on which the building fronts.
If the official number cannot be displayed on the structure or a post so as to be clearly visible from the street, it shall be displayed at the end of the driveway to the building so that it is clearly visible from the street on which the building fronts.
Figures at least three inches high shall be used to display the official number and all numbers shall be lighted or reflective, except in Leisuretowne where one and one half inch high numbers now exist.
Any person, firm or corporation failing to so number any building occupied by him, or if after receiving notice to do so from the Township Clerk shall continue in his failure to so number such building shall be fined $1 for each day during or on which a failure to so number continues.
Mailbox numbering requirements.
Buildings with rural mailboxes located on the same side of the street on which the building fronts shall have the official number displayed on both sides of the mailbox.
Buildings with rural mailboxes located on the opposite side of the street on which the building fronts shall have the official number displayed on the side of the mailbox facing oncoming traffic. The official number shall also be posted at the end of the driveway to the building so that it is clearly visible from the street.
Buildings with mailboxes clustered with others or on a street other than that on which the building fronts shall have the official street address displayed in one inch lettering on the front door of the mailbox.
Upon any subdivision of land in the township resulting in lots other than those delineated on the tax map, the Township Committee or its delegate shall assign a number to each lot resulting from the subdivision which shall be in proper numerical sequence In relation to the numbers assigned to other lots fronting on the same street.
As used in this section, the following terms shall have the meanings indicated:
- Any building, or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
- The holder or holders of the title in fee simple.
- PARTIES IN INTEREST
- All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
- PUBLIC AUTHORITY
- Any housing authority or any officer who is in charge of any department or branch of the government of the township, county or State relating to health, fire, building regulations, or to the other activities concerning buildings in the township.
The building subcode official of the township shall exercise the powers prescribed by this section.
Whenever a petition is filed with the building subcode official by a public authority or by at least five residents of the township charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the building subcode official (on his own motion) that any building is unfit for human habitation or occupancy or use, the building subcode official shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such a building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the building subcode official (or his designated agent) at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint; the owner and parties in interest shall be given the right to file an answer to the complaint, and to appear in person or otherwise, and give testimony at the place and time fixed in the complaint; the rules of evidence prevailing in the courts shall not be controlling in hearings before the building subcode official.
If, after such notice and hearing, the building subcode official determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
Requiring the repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or have the building vacated and closed within the time set forth in the order; and
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter, or improve the said building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order of removal.
If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the building subcode official may cause such building to be repaired, altered, or improved, or to be vacated and closed; the building subcode official may cause to be posted on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the building, the building subcode official may cause such building to be removed or demolished or may contract for the removal or demolition thereof, after advertisement for, and receipt of, bids therefor.
The cost of filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this act determined in favor of the township, and
The cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of material derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the building subcode official, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the municipal tax assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered or certified mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the building subcode official, and shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto. Nothing in this section shall be construed to impair or limit in any way the power of the township to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
The building subcode official may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of such township. Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, structural defects and uncleanliness.
Complaints or orders issued by the building subcode official pursuant to this section shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons is unknown and same cannot be ascertained by the building subcode official in the exercise of reasonable diligence, the building subcode official shall make an affidavit to that effect, then the serving of such complaint, or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the township, or, in the absence of such newspaper, in one printed and published in the county and circulating in the township in which the buildings are located. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.
Any person aggrieved by an order issued by a building subcode official under this section may, within 60 days after the posting and service of such order, bring an action for injunctive relief to restrain the building subcode official from carrying out the provision of the order and for any other appropriate relief. The court may proceed in the action in a summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the building subcode official shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the building subcode official.
The building subcode official is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers in addition to others herein granted.
To investigate the building conditions in the township in order to determine which buildings therein are unfit for human habitation or occupancy or use.
To administer oaths, affirmations, examine witnesses and receive evidence.
To enter upon premises for the purpose of making examinations; provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this section.
To delegate any of his functions and powers under the section to such officers and agents as he may designate.
The provisions of this section and the powers herein conferred shall be in addition to, and supplemental to, the powers conferred by any other law or ordinance of the township.
As used in this section, the following terms shall have the meanings indicated:
- Any structure whether with or without gates, sluiceways or other refinements constructed of earth, wood, metal or any other material, in whole or in part, and used for the purpose of controlling the flow of any water within the township.
No dam shall be constructed, altered or removed within the township without first securing a permit from the Township Engineer.
The Township Engineer shall not issue a building permit for the construction, alteration or removal of any dam unless plans for the same have first been submitted to him and have been examined and approved by the Township Engineer and/or the water policy commission of the State of New Jersey. No plans shall be approved unless they conform to good engineering standards and are adequate and appropriate for the control of the water to be effected by them.
Every outdoor swimming pool with a depth of water in excess of 18 inches, the exterior walls of which are less than four feet in height, and man-made irrigation ponds or holes shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure.
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
At all times if an adult person is not actually present and within the enclosure of such fence, the door shall be securely locked with a padlock or other comparable lock and the key removed and kept in the possession of an adult.
Any outdoor pool, the walls of which extend for at least four feet vertically above ground level, shall have no ladder or other similar means of access to the pool left at the pool or left outdoors at any time that an adult is not personally present at the pool.
This section shall be interpreted so as to give effect to its intent, which is to make sure that no child or minor person shall be able to enter the pool while an adult person is not actually present at the pool.
The person owning the land or leasing the land or otherwise in possession thereof shall be responsible for observance of the provisions of this section.
It is hereby found and declared that there exists in the township structures which are, or may become in the future, 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, existence of fire hazards and insanitary conditions constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the township. It is further found and declared that by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
The purpose of this section is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises and vacant or abandoned buildings; to authorize and establish procedures for the abatement of violations and to fix penalties for the violations of this section. This section is hereby declared to be remedial and essential for the public interest and it is intended that this section be liberally construed to effectuate the purposes as stated.
The following terms, wherever used herein or referred to in this section, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context.
- Conditions 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.
- EXPOSED TO PUBLIC VIEW
- Any premises, or any part thereof, or any building or any member thereof, from a sidewalk, street, alleyway, parking lot or from any neighboring premises.
- EXTERIOR OF THE 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.
- FIRE HAZARD
- Any device or condition likely to cause fire and which is so situated as to endanger either persons or property, accumulation or storage of combustible or explosive material sufficient in amount or so located or in such a manner as to put in jeopardy, in event of ignition, either persons or property; the obstruction to or of all means of ingress and egress.
- a. Any public nuisance known at public law or in equity jurisprudence, or as provided by the Statutes of the State of New Jersey, or the ordinances of the township.
- b. Any attractive nuisance which may prove detrimental to the health or safety of children whether in a building, or upon an unoccupied lot. This includes but is not limited to: abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, any structurally unsound fences or structures, lumber, trash, fences, debris, or vegetation such as poison ivy, oak or sumac, which may prove a hazard for inquisitive minors, and any unregistered motor vehicles unfit for reconditioning, dismantled old motor vehicles or parts thereof, used motor vehicles or parts thereof, used motor vehicle parts and motor vehicle junk whether abandoned or on the property of the owner thereof.
- c. Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
- d. Inadequate or insanitary sewerage or plumbing facilities in violation of township ordinances.
- e. Insanitary conditions or anything offensive to the senses or dangerous to health, in violation of this section.
- f. Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings.
- g. Fire hazards.
- Any person who has charge, care or control of 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 dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver, or guardian of the estate or as a mortgagee in possession regardless of how such possession was obtained.
Applicable to all residential and non-residential buildings and to all abandoned or vacated buildings regardless of usage, and the premises on which all such buildings are situated, whether or not such buildings shall have been constructed, altered or repaired before or after the enactment of this section.
In any case where the provisions of this section impose a higher standard than set forth in any other ordinances of the township, of any law of the State of New Jersey, or regulation of any public agency, board or commission, then the standards as set forth herein shall prevail, but if the provisions of this section impose a lower standard than any other ordinances of the township or of the laws of the State of New Jersey, or any public agency, board or commission, then the higher standard contained in any such other ordinance or law shall prevail.
Maintenance of exterior of premises free of hazards and unsanitary conditions. The exterior of the premises and all structures thereon shall be kept free of all nuisances, and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of the hazards which include but are not limited to the following:
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.
Loose and overhanging objects and accumulations of ice and snow which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.
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.
Adequate run-off drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of storm water.
All infestation in and on the premises.
Exterior porches, landings, balconies, stairs and fire escapes which are not provided with banisters or railings properly designed and maintained to minimize the hazard of fallings, and which are not kept structurally sound, in good repair, and free from defects.
The exterior of the 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 for adjoining property owners.
Premises with landscaping 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.
The exterior of every structure or accessory structure (including fences) shall be maintained in good repair and all surfaces thereof shall be kept painted or whitewashed where necessary for the purposes of preservation and appearance and preventing deterioration. The same shall be maintained free of broken glass, loose shingles, crumbling stone, or brick, excessive 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.
Every structure and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards.
Exterior walls, sidings and roofs shall be kept structurally sound, in good repair and free from defects.
Every structure shall be so maintained as to be weather and watertight.
No accumulation or obstruction from garbage, refuse or rubbish shall be permitted on the premises or in stairways, areaways, balconies, porches, hallways, basements or cellars except that garbage stored in proper container may be set out for removal.
All windows of non-residential structures exposed to public view shall be kept clean and free of marks or foreign substances except when necessary in the course of changing displays. No storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless said areas are first screened from the public view by drapes, Venetian blinds or other permanent rendering of the windows opaque to the public view. All screening of interiors shall be maintained in clean and attractive manner and in good state of repair.
All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or nuisance. In the event 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.
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 safety hazard or nuisance. In the event the awnings or marquees are made of cloth, plastic, or of similar materials, 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 other holes.
All permanent signs and billboards exposed to public view permitted by reason of other regulations of the township or as a legal non-conforming use shall be maintained in good order. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall with their supporting members, be removed forthwith or put into a good state of repair. All non-operative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
All buildings that are no longer in active use shall be secured so as to prevent excessive weathering or entry to the interior by unauthorized persons. If open areas of the building are secured with composition boards or similar materials, then these materials are to be painted in a manner compatible with the remainder of the building.
Buildings that were under construction but the construction thereof has ceased for more than 90 days, shall be secured so as to prevent entry by unauthorized persons and construction materials shall be screened from public view. The partially completed structure shall be governed by the provisions of this section.
It shall be unlawful for any owner or owners, occupant or occupants, tenant or tenants of any lot or tract of land situated within the Township of Southampton to permit or maintain on any such lot or tract of land any brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris injurious to the public health, safety and general welfare or where the same shall tend to create a fire hazard. This provision is construed to allow the municipality to maintain abandoned or vacant properties which are not being cared for by their owners or the financial institution that claim ownership interest in the property. This subsection shall not be construed to apply to those lands under cultivation or otherwise being utilized for the production of crops or otherwise being utilized for agricultural purposes.
Violations and penalties. Any owner or owners, occupant or occupants, tenant or tenants who shall neglect to cut and remove or otherwise destroy such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris as directed by this code shall, upon conviction before the Judge of the Municipal Court of the Township of Southampton, be subject, for each offense, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 90 days, or to both such fine and imprisonment.
Failure to remove; assessment of costs. For properties that have been deemed abandoned or vacant by the municipality, upon the failure of any owner or owners, occupant or occupants, tenant or tenants or the financial institutions that claim control of the property, to cut and remove or otherwise destroy such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris within 10 days after notice to remove the same has been received from said Township of Southampton, which notice may be effected by personal service, by conspicuously posting the property or by mail, registered return receipt requested, the Township shall cause the same to be removed under the direction of the Superintendent of Public Works. For occupied properties the notice period shall be 30 days which may be further expanded if the property owner can demonstrate a hardship as long as the condition of the property is not creating a public health or safety issue. Regardless of whether the property is occupied or not, the notice shall be prepared and forwarded by the Township Clerk upon the direction of the Superintendent. Said Superintendent shall certify the cost thereof to the Township Committee which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said land and premises, and the cost shall be added to and become and form part of the taxes next to be assessed and levied upon the land, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
Nonrestriction of right to collect costs. The imposition and collection of the fine imposed by this code shall not constitute any bar to the Township's right to collect the cost, as certified, for the removal of such growths, in the manner herein authorized.
Unless otherwise identified herein, both the zoning code enforcement officer and the building inspector are hereby authorized to enforce the provisions of this section and abate violations. Violators will be subject to the jurisdiction of the municipal court of the Township of Southampton. Upon conviction before the Judge of the Municipal Court of the Township of Southampton, be subject, for each offense, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 90 days, or to both such fine and imprisonment.
[Added 8-19-2014 by Ord. No. 2014-18]
[Added 8-19-2014 by Ord. No. 2014-18]
As used in this section, the following words shall have the following meanings:
- Includes 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, Section 17, as amended by P.L. 2009, c. 296), or any other entity determined by the Township to have authority to act with respect to the property.
- VACANT PROPERTY
- Any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential 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. 55:19-80; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order and 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.
[Added 8-19-2014 by Ord. No. 2014-18]
Effective October 1, 2014, 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 from the municipality, file a registration statement for such vacant property with the Township Code Enforcement Officer on forms provided by the Township for such purposes. The owner of any property which meets the definition of "vacant property" at the time of the effectiveness of this section shall have 30 days to register the property. Any failure to provide notice by the municipality shall not constitute grounds for failing to register the property.
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
The registration statement shall be promulgated by the Township Administrator and include such information for the Township to effectively contact an authorized representative of the property concerning maintenance and enforcement issues.
The registration statement shall include the name, street address, telephone number, and e-mail address (if applicable) of the firm and the actual name(s) of the firm's 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.
The registration shall remain valid for one year from the date of registration, except for the initial registration, which shall be valid through December 31 of the year in which it was filed; however, in the initial year of this section, the registrations shall be valid through December 31, 2015. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in this section for each vacant property registered.
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.
The owner shall notify the Clerk within 15 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Clerk for such purpose. The owner shall have a continuing obligation to maintain true and accurate registration information with the Township.
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 of the building.
[Added 8-19-2014 by Ord. No. 2014-18]
Upon reasonable notice, the owner of any vacant property registered under this section shall provide access to the Township on weekdays during the hours between 9:00 a.m. and 4:00 p.m. to conduct exterior and interior inspections of the building to determine compliance with municipal codes.
[Added 8-19-2014 by Ord. No. 2014-18]
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.
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.
Any owner who fails to register vacant property under the provisions of this section shall 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, including, but not limited to, enforcement of this section.
[Added 8-19-2014 by Ord. No. 2014-18]
The registration and each renewal fee for each building shall be $250. Said fee is intended to cover the municipality's inspection of the property and to cover the municipality's cost for notices under this section.
[Added 8-19-2014 by Ord. No. 2014-18]
In addition to the registration of the property pursuant to this section, the owner of any building that has become vacant property and any person maintaining or operating or collecting rent for any such building that has become vacant shall, within 30 days of the inception of any vacancy:
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; and
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent 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 protected from the weather by plastic covering and be of a size and placed in such a location so as to be visible and legible to a person standing at the front door of the main building but shall be no smaller than eight inches by 10 inches; and
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; and
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, rights-of-way, 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; and
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.
[Added 8-19-2014 by Ord. No. 2014-18]
This section may be enforced by the Zoning Officer, Code Enforcement Officer, Construction Code Official and all sworn law enforcement officers.
Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $100 and not more than $2,000 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 constitute a lien on the property.
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.
This section implements the provisions of P.L. 1991, c.92 to require installation of at least one smoke detector on each level of one- and two-family homes when a change of occupancy occurs. The building inspector shall have responsibility to enforce the provisions of this section.
A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device, also known as a smoke detector, on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance and use of household fire warning equipment. The installation of battery-operated smoke- sensitive alarm devices shall be accepted as meeting the requirements of this section, provided, however, that all smoke-sensitive devices installed pursuant to this section must be tested and listed by a product certification agency recognized by the Bureau of Fire Safety of the State of New Jersey.
Whenever there is a change of occupancy of any building subject to the requirements of this section, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the township building inspector a certificate evidencing compliance with the requirements of this section.
A fee of $50 shall be paid to the office of the township building inspector to offset the cost of inspection and certification required by this section. If a reinspection is required an additional fee of $25 will be charged per inspection. Said fees shall be in addition to any other fees required by other ordinances in connection with inspections and certifications by any other local, County or State agency.
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this section without complying with the inspection and certification requirements hereof shall be subject to a fine not more than $500 which may be collected and enforced by the building inspector's office by summary proceedings pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1, et seq.
No insurance company authorized to issue fire insurance policies in the State of New Jersey which issues or renews any fire insurance policy after the adoption of this section and the filing of the same with State Commissioner of Insurance, shall pay to any claimant a sum in excess of $2,500 for fire damage on any real property located within the Township of Southampton until such time as:
All taxes and assessments and other municipal liens and charges due and payable to the Township of Southampton as is indicated on an official Certificate of Search for Municipal Liens, shall have been paid in full; or
The municipality submits to the insurance company a copy of a resolution adopted pursuant to N.J.S.A. 17:36-11.
However, if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property, the insurance company shall issue a draft payable to the court of record, pursuant to N.J.S.A. 17:36-10, in an amount totaling 75% of the full amount of the lien or charge being contested and the insurance company shall issue a draft payable to the Township of Southampton for the remaining 25% of the lien or charge being contested: provided, however, that the amount paid by the insurance company to the court and the municipality shall not exceed the proceeds payable under its insurance policy.
The provisions of this section are intended to be interpreted in conjunction with N.J.S.A. 17:36-13, and the provisions of said statutes are herein incorporated by reference.