[Adopted 4-4-2005 by Ord. No. 2005-15]
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:
Section 101.1 Title
|
Insert: Township of Woolwich
|
Section 103.5 Fees
|
Insert: (Schedule of Fees)
|
Section 304.14 Insect Screens
|
Insert: January 1-December 31
|
Section 602.3 Heat Supply
|
Insert: September 1-June 1
|
Section 602.4 Occupiable Work Spaces
|
Insert: September 1-June 1
|
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of the Code of the Township of Woolwich and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.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or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in §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)
All trees and shrubs planted on private property that stands
along public sidewalks and streets, the branches of which extend over
any part of a public sidewalk or public street, shall be trimmed and
maintained by the owner, occupant or tenant of the premises that directly
fronts upon that portion of the sidewalk or street along which the
trees or shrubs stand. Such owner, occupant or tenant shall keep the
branches and limbs of such trees or shrubs trimmed and cut so that
no limb or branch shall overhang the public sidewalks and/or streets,
nor interfere with sight at a height of less than eight feet above
ground level. In addition, sidewalk damaged by the roots of a tree
planted between curb and sidewalk must be repaired by the owner, occupant
or tenant of the premises that directly fronts upon that portion of
the sidewalk within 30 days of notification by the Township-designated
official.
[Amended 8-21-2023 by Ord. No. 2023-22]
(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]
For the purposes of this article and unless otherwise expressly
stated, the following words and phrases are defined as follows:
ABANDONED REAL PROPERTY
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.
ACCESSIBLE PROPERTY/STRUCTURE
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.
APPLICABLE CODES
Codes including, but not limited to, the municipality's Zoning
Code and General Code, International Property Maintenance Code, and
the New Jersey Building Code.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
wall, and/or roofs which create hazardous conditions and/or encourage
trespassing; or
B.
Properties cited for a public nuisance; or
C.
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.
BORROWER
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.
BUILDING
A structure with a roof supported by columns or walls to
serve as shelter or enclosure.
CREDITOR
Mortgagees or an agent or assignee of a mortgagee, such as
the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this article. For purposes
of this article, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity
or their agent or assignee, such as the servicer.
[Added 12-18-2023 by Ord. No. 2023-37]
ENFORCEMENT OFFICER
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.
EVIDENCE OF VACANCY
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.
FORECLOSURE
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.
LENDER
A person or entity holding a mortgage on a property.
MORTGAGE
A recorded lien or interest in real property to secure payment
of a loan.
OWNER
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.
POSSESSORY LENDER
A person or entity that has foreclosed upon a mortgage on
a property but may not have legal or equitable title.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
SAFETY AND MAINTENANCE INSPECTION
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.
STRUCTURE
Anything constructed or erected, the use of which requires
location on or attachment to the ground, and includes buildings.
VACANT PROPERTY
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.
[Amended 12-18-2023 by Ord. No. 2023-37]
Pursuant to the provisions of this article, the Township shall
utilize a third-party contractor to establish a registry of vacant,
abandoned and foreclosed properties and administer the program as
required by this article.
[Added 12-18-2023 by Ord. No. 2023-37]
A. A creditor filing a summons and complaint in an action to foreclosure
shall, in addition to the notice provided to the Township of Woolwich
pursuant to Section 17 of N.J.S.A. 46:10B-51 or Section 2 of N.J.S.A.
40:48-2.12s2, register the residential or commercial property with
the municipality's property registration program as a property
in foreclosure and, as part of the registration:
(1)
Provide the municipality with the information regarding the
creditor required by Paragraph (1) of Subsection a. of Section 17
or Paragraph (1) of Subsection a. of Section 2 of N.J.S.A. 40:48-2.122;
and
(2)
Identify the date the summons and complaint in an action to
foreclosure on a mortgage was filed against the subject property,
the court in which it was filed, and the docket number of the filing;
and
(3)
Identify whether the property is vacant and abandoned in accordance with the definition in this article required by Subsection
H of this section.
B. If there is any change in the name, address or telephone number for
a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information.
C. The creditor filing a summons and complaint in an action to foreclosure shall, if the registered property becomes vacant and abandoned in accordance with the definition in this article required by Subsection
H of this section after the property is initially registered with the municipality, update the property registration with the municipality to reflect the change in the property's status.
D. The creditor filing a summons and complaint in an action to foreclosure
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program.
E. A creditor located out-of-state shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
F. A creditor must comply with the requirements of §
143-11, Safety and maintenance inspections, and §
143-12, Maintenance and security requirements, relating to the care, maintenance, security, and upkeep of the exterior of the property, and post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the creditor or an out-of-state creditor's in-state representative or agent for the purchase of receiving service of process, or acquire and otherwise maintain liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property while registered with the property registration program.
G. Fees may be imposed on the creditor in connection with the property registration program as authorized pursuant to §
143-9D.
H. A property shall be considered vacant and abandoned if it is not
legally occupied by a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied, because of the presence or finding
of at least two of the following:
(1)
Overgrown or neglected vegetation;
(2)
The accumulation of newspapers, circulars, flyers, or mail on
the property;
(3)
Disconnected gas, electric or water utility services to the
property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
(5)
The accumulation of junk, litter, trash or debris on the property;
(6)
The absence of window treatments such as blinds, curtains or
shutters;
(7)
The absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes that are damaged, broken, and
unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(11)
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
(12)
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;
(13)
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;
(14)
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
[Amended 12-18-2023 by Ord. No. 2023-37]
A. 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.
B. No less
than 20% of any money collected pursuant to this article shall be
utilized for municipal code enforcement purposes.
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.
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.
[Amended 12-18-2023 by Ord. No. 2023-37]
A. This article authorizes a public officer, designated or appointed pursuant to N.J.S.A. 40:48-2.3 et seq., or any other local official responsible for administration of any property maintenance or public nuisance code to issue a notice to the creditor filing the summons and complaint in an action to foreclosure, if the public officer or other authorized municipal official determines that the creditor has violated the article. In the case a violation for failure to provide care, maintenance, security and upkeep of the exterior of vacant and abandoned property, such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to the public health and safety. The notice issued shall include a description of the conditions which gave rise to the violation. If the creditor fails to remedy the violation within that time period, the Township may impose penalties allowed for the violation of municipal ordinances. If the Township expends public funds in order to abate a nuisance or correct a violation on a commercial property in situation in which the creditor was given notice pursuant to the provisions of Subsection
B of this section but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property.
B. 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.