[New]
For violation of any provision of this chapter, any other chapter
of this Revision, or any other ordinance of the Township where no
specific penalty is provided regarding the section violated, the maximum
penalty, upon conviction, shall be a fine not exceeding $1,000, or
imprisonment for a period not exceeding 90 days, or both or to a period
of community service not exceeding 90 days at the discretion of the
Municipal Court Judge. (N.J.S.A. 40:49-5)
[New]
Except as otherwise provided every day in which a violation
of any provision of this chapter or any other ordinance of the Township
exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[New]
The governing body may prescribe that for the violation of any
particular Code provision or ordinance, at least a minimum penalty
shall be imposed which shall consist of a fine which may be fixed
at an amount not exceeding $100. (N.J.S.A. 40:49-5)
[Ord. No. 9-2-66; Ord. No. 1979-1 § 1-7; Ord. No. 2005-18]
a.
LOITERING
PARENT or GUARDIAN
PUBLIC PLACE
Definitions. As used in this section;
Remaining idle in essentially one location and shall include
the location and shall include the concepts of spending time idly,
loafing or walking about aimlessly, and shall also include the colloquial
expression "Hanging Around."
Includes any adult person having care or custody of a minor,
whether by reason or blood relationship, the order of any court or
otherwise.
Any place to which the public has access and shall include
any street, highway, road, alley, sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business, and public grounds, areas, parks, as well
as parking lots or other vacant private property not owned by or under
the control of the person charged with violating this subsection,
or in the case of a minor, not owned or under control of his parent
or guardian.
b.
Certain types of loitering prohibited. No person shall loiter in
a public place, in such manner as to:
1.
Create or cause to be created a danger of a breach of the peace.
2.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
3.
Obstruct the free passage of pedestrians or vehicles.
4.
Obstruct, molest, or interfere with any person lawfully in any public
place as defined in paragraph a.2. This subsection shall include the
making of unsolicited remarks of an offensive, disgusting or insulting
nature or which are calculated to annoy or disturb the person to,
or in whose hearing, they are made.
c.
Discretion of police officer. Whenever any Police Officer shall,
in the exercise of reasonable judgment decide that the presence of
any person in any public place is causing any of the conditions enumerated
in paragraph b, he may if he deems it necessary for the preservation
of the public peace and safety, order that person to leave that place.
Any person who shall refuse to leave after being ordered to do so
by a Police Officer shall be guilty of a violation of this subsection.
d.
Loitering by minors. No parent or guardian of a minor under the age
of 18 years shall knowingly permit that minor to loiter in violation
of this subsection.
e.
Notice of violation. Whenever any minor under the age of 18 years
is charged with a violation of this subsection, his parent or guardian
shall be notified of this fact by the Chief of Police or any other
person designated by him to give such notice.
f.
Presumption. If any time within 30 days following the giving of notice
as provided in paragraph g, the minor to whom such notice relates
again violates this subsection, it shall be presumed in the absence
of evidence to the contrary that the minor did so with the knowledge
of his parent or guardian.
g.
Any person violating any of the provisions of this subsection shall,
upon conviction, be punished by a fine not exceeding $200, or by imprisonment
not exceeding 30 days, or both, in the discretion of the court.[1]
[1]
Editor's Note: Former Subsection 3-2.1h, Loitering by sex
offenders, was repealed 5-16-2019 by Ord. No. 108-2019.
[Ord. No. 9-2-66]
No person shall sound his automobile horn other than as a warning
signal necessary and essential in driving said vehicle, nor sound
his horn repeatedly or for long periods of time, except at weddings
or other public celebrations.
[Ord. No. 9-2-66]
No person shall disquiet or interrupt any congregation or assembly
met for religious worship or disquiet or interrupt any other meeting
within the Township, by making a noise or by rude or indecent behavior,
or profane discourse within the place of worship or other meeting
place.
[Ord. No. 9-2-66; amended 8-20-2020 by Ord. No. 112-2020]
a.
No person
shall permit, make or continue or cause to be permitted, made or continued
any unnecessary noise at any unreasonable hour which shall disturb
the comfort, rest and repose of any person or persons being in his
place of abode.
b.
Definition of noise.
1.
Without intending to limit the generality of Subsection 2.4, the
following acts are hereby declared to be examples of loud, disturbing,
and unnecessary noise in violation of this section:
(a)
Radios, televisions, phonographs. The playing, use, or operation
of any radio receiving set, television, musical instrument, phonograph,
or other machine or device for the producing or reproducing of sound
in such a manner as to disturb peace, quiet, and comfort of neighboring
inhabitants or with louder volume than is necessary for convenient
hearing for persons who are in the room, vehicle, or chamber in which
the machine or device is operated and who are voluntary listeners.
The operation of such a set, instrument, phono- graph, machine, or
device so that it is clearly audible at a distance of 100 feet from
the building, structure, or vehicle in which it is located shall be
prima facie evidence of a violation of this section.
(b)
Yelling; shouting. Yelling, shouting, hooting, whistling, or
singing on the public streets, particularly between the hours of 10:00
p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs
the quiet, comfort, or repose in any office, dwelling, hotel, motel,
or other type of residence or of any person in the vicinity.
(c)
Animals; birds. The keeping of animals or birds, which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Section 5-7 of these ordinances.
(d)
Horns. The sounding of a horn or warning device on an automobile,
motorcycle, bus, or other vehicle except when required by law, or
when necessary to give timely warning of the approach of the vehicle,
or as a warning of impending danger or persons driving other vehicles
or to persons on the street. No person shall sound a horn or warning
device on an automobile, motorcycle, bus, or other vehicle which emits
an unreasonably loud or harsh sound, or for an unnecessary or unreasonable
period of time.
[Ord. No. 9-2-66]
No person shall commit or attempt to commit an assault or an
assault and battery or be engaged in a fight, either in a public or
private place, or who shall aid or assist or abet any person about
to commit or attempt to commit an assault or an assault and battery
or a fight.
[Ord. No. 9-2-66]
No person shall:
a.
Address or make audible any offensive remarks to or concerning any
person in any place, public or private.
b.
Obstruct, molest or interfere with any person lawfully in or upon
any place, public or private.
c.
Repeatedly telephone another for the purpose of annoying or molesting
such person, or telephone another and address any lewd, lascivious,
indecent or disgusting remarks to such person.
|
Any offense committed under paragraph c may be deemed to have
taken place at either the place at which the telephone call was made
or at the place at which the telephone call was received.
|
[Ord. No. 9-2-66]
No person shall throw, discard or deposit any tin cans, bottles,
garbage into the waters of any stream or river or upon the public
street or public place or discharge any sewage into the waters or
places or any of them.
[Ord. No. 9-2-66]
No person shall throw, discard, deposit or sweep any paper or
posters, stones, sticks, glass, metal or any hard, dangerous or offensive
substance upon any sidewalk, street, highway or public place or at
any car, vehicles, house, building, fence or person; or dump any trash
or garbage upon private property not his own.
[Ord. No. 9-2-66]
No person shall swim or bathe in a nude state in the waters
of or immediately bounding the Township.
[Ord. No. 9-2-66]
No person shall, within the limits of the Township, disrobe
in any automobile, truck or vehicle while the same is upon any parking
place, street, road, avenue, park or other public place.
[Ord. No. 9-2-66]
No person shall appear on any street, road, avenue, park or
other public place in a state of nudity, or in any indecent exposure
of his or her person or commit or do any lewd or indecent act or behave
in a lewd or indecent manner.
[Ord. No. 9-2-66]
No person shall sell, offer to sell, exhibit or have in his
possession any indecent picture, book or thing or exhibit or perform
any indecent, immoral or lewd play or other representation.
[Ord. No. 9-2-66]
No person shall solicit, invite or in any manner suggest by
word of mouth or any writing or other communication or by any device
whatsoever any lewd, lascivious or other immoral act.
[Ord. No. 9-2-66]
No person shall maliciously destroy, damage or injure any property,
public or private.
[Ord. No. 9-2-66]
No person shall:
a.
Keep or maintain or be present in a disorderly house or a house of
ill-fame or allow or permit any house, shop, store or other building
or structure owned or occupied by him to be used as a disorderly house
or house of ill-fame.
b.
Permit any house, shop, store or other building or structure owned
or occupied by him to be frequented or resorted to by noisy, riotous
or disorderly persons or by prostitutes, gamblers or vagrants.
[Ord. No. 9-2-66; Ord. No. 1995-12]
No person shall permit growth of weeds, high grass in excess
of six inches in height or other impediments on or adjacent to the
sidewalks, gutters and street lines of any public street, road, avenue
or highway in the Township.
[Ord. No. 9-2-66]
No person shall have upon his person or in his possession any
pick, lock, key, crow, hack, bit or other implement with any intent
to break and enter into any building.
[Ord. No. 9-2-66]
No person shall participate in any practice, sport or exercise
having a tendency to annoy, disturb or frighten any person or persons
or animal on the sidewalk, street, road, park or other public place.
[Ord. No. 9-2-66]
No person shall carry without lawful authority any revolver,
pistol or other instrument of the kind known as a blackjack, sling
shot, blow gun or other similar device, billy sand club, sand bag,
bludgeon, metal knuckles, dagger, dirk, dangerous knife, stiletto,
bomb or other high explosive concealed in or about his or her person,
or in any portable vehicle, automobile, motorcycle or other vehicles.
Nothing herein contained shall be construed in any way to prohibit
the carrying or transportation of any firearms for hunting, target
practice, trap shooting or any similar lawful purpose which now or
hereafter may be permitted by law.
[Ord. No. 9-2-66]
No person shall go about from door to door, or place himself
on streets, stores, public places or places to which the public is
invited, to beg or solicit alms or charity; or wander abroad and beg
or solicit alms or charity under the pretense of being or having been
a member of the armed services, or wander abroad and lodge in taverns,
public places or buildings, garages, barns, or other places, or in
the open air, and not give a good account of himself; or not having
sufficient property or means of support, live idle and not engage
in some honest employment, or not provide for himself and family.
[Ord. No. 9-2-66]
No person shall enter any building or any public or private
lands or cemeteries and break, injure or deface such building or any
part thereof or the fences, out-houses or other property belonging
to or connected with such building.
[Ord. No. 9-2-66]
No person shall hinder or obstruct any Township officer in the
performance of his duties or willfully refuse or neglect to assist
any Township officer when lawfully called upon by him to do so in
the execution of any process or in the suppression of any breach of
the peace or disorderly conduct or in case of escape or when such
officer is resisted in the discharge of his duty, or resist or oppose
any officer or person authorized by law in serving, attempting to
serve any writ, bill, order or process or when making any arrest.
[Ord. No. 9-2-66]
No person shall unnecessarily obstruct any sidewalk, street
or public place with any kind of vehicle or vehicles or with any kind
of box or boxes, lumber, wood or other thing; but the provisions of
this section shall not prevent persons who are building from occupying
such portion of the sidewalk, street or public place designated in
a permit therefor.
[Ord. No. 9-2-66]
No person shall ring any bell or sound any horn or make any
public outcry in or upon any public highway for any public sale or
auction or to advertise any goods, wares, or merchandise for sale
or to attract any attention or to gain passengers for any cab, taxi,
or omnibus; provided this shall not apply to an auctioneer conducting
a legal public sale.
[Ord. No. 9-2-66]
No person shall intentionally, willfully, or maliciously destroy
or injure any of the wires, posts, machines, bells, sirens, boxes,
box or other apparatus of any fire alarm system or intentionally,
willfully or maliciously interfere with the same or any part thereof,
or hinder or impede any of the operations intended to be accomplished
thereby, or intentionally cause or assist in causing a false alarm
of fire or emergency to be given in any manner.
[Ord. No. 9-2-66]
No person shall willfully, wantonly, carelessly, recklessly
or negligently run into or collide with any fire hydrant or fire apparatus
so as to injure, damage or destroy the same.
[Ord. No. 9-2-66]
No person shall interfere with or hinder any member of any fire
company or first aid squad while engaged in the performance of his
duties or on practice duty, nor shall any person disobey any order
of any firefighter while on active duty at any fire within the limits
of the Township nor of any member of the first aid squad while on
active duty; nor shall any person ride over or otherwise damage any
fire hose, open any fire hydrant without written permission of the
fire chief, his assistant, or official of the Stewartsville Water
Company (except qualified firemen) or otherwise interfere with, damage
or destroy any property or equipment of any fire company within the
limits of the Township.
[Ord. No. 9-2-66; Ord. No. 2000-7]
No person shall enter upon or remain upon the lands or premises
of another person, or upon the lands and premises of the Township
of Greenwich or of any public or quasi-public body, knowing that he
is not licensed or privileged to do so. No person shall enter or remain
in any place as to which notice against trespass is given by actual
communication to the actor, positing in a conspicuous manner, or by
fencing or other enclosure manifestly designed to exclude intruders.
[Ord. No. 9-2-66]
No person shall enter upon any building or go upon the lands
and premises of any public school and break, injure or deface such
building or any part thereof, or the fences, outhouses, or other property
belonging to or connected with such buildings or lands, and no person
shall disturb the exercises of any public or private school, or molest
or give annoyance to the children attending such school, or annoy
any teacher therein.
[Ord. No. 9-2-66]
No person shall erect, construct or maintain any hanging signs
without the lawful permission, or awnings or other similar structure
from the streets or sidewalks of the Township which shall be so situated
or constructed as to endanger public safety or obstruct the through
passage of persons using or passing along such streets or sidewalks.
[Ord. No. 9-2-66]
No person shall use a loudspeaker or a sound wagon on the public
streets or public places within the limits of the Township without
making written application for a permit, setting forth the name and
address of the person who is to operate said sound speaker or sound
wagon and the purpose for which the same is to be used; the carrying
distance of the said speaker or sound wagon, and then present the
application in person to the Township Clerk.
The Police or Clerk shall cause an investigation to be made,
and if satisfied that the granting of the permit will not constitute
a nuisance in the Township and that the applicant and object for which
the permit for use of the loudspeaker or sound wagon is sought, are
not inimical to the peace and quiet of the Township, thereupon the
Township Clerk shall issue a written permit to the applicant which
permit shall specify therein, the tone to be used in broadcasting
through the loudspeaker or sound wagon within the limits of the Township.
[Ord. No. 9-2-66]
No person shall fail and neglect to provide and use garbage
cans with tight-fitting covers so that no nuisance may be created
by said use, nor shall any person willfully upset garbage, trash cans
on street or sidewalk, nor overload garbage or trash containers so
that the gross weight exceeds 75 pounds.
[Ord. No. 9-2-66]
No person shall trespass upon any public place designated for
the disposal of trash or garbage, nor set any fires in, upon or near
these premises at any time or for any purpose whatsoever.
[Ord. No. 9-2-66]
No person shall distribute, deposit or leave on the public streets
or highways, public places or private property or at any private place
or places any medicine, medical preparation or preparations represented
to cure any ailments or diseases of the body or mind, or any sample
thereof or any advertisement or circulars relating thereto.
[Ord. No. 9-2-66]
No person shall remove, change, alter, obstruct, destroy, tap,
shut off, or interfere in any way whatsoever with any water or sewer
line or any utility or any mechanical device connected thereto on
any property, either public or private, within the Township.
[Ord. No. 9-2-66]
No person shall start or maintain any brush fire.
[Ord. No. 9-2-66]
No person shall obtain food, lodging or other accommodation
or service at a hotel, tavern, boardinghouse, restaurant or hospital
with intent to defraud the owner or keeper thereof. Refusal or neglect
to pay on demand or absconding without paying or offering to pay for
such food, lodging or other accommodation or service shall be considered
prima facie proof of fraudulent intent.
[Ord. No. 9-2-66]
All fines imposed and collected under and by virtue of this
section shall be paid into the treasury of the Township.
[Ord. No. 9-2-66]
Any person who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing in this section prohibited, shall, upon conviction thereof be liable to the penalty contained in § 3-1.
[Ord. No. 9-2-66]
The Township Clerk shall maintain an adequate supply of this
section printed in pamphlet form and shall furnish a copy thereof
to all Township officials and all members of the public who shall
desire a copy.
[Ord. No. 9-2-66]
Police Officers and all Special Police Officers shall have authority
to arrest any person who violates any of the provisions of this section
within his presence or sight, without first obtaining a warrant for
the arrest, and to bring the violator forthwith before the Municipal
Judge. In all cases where the violations are not committed in the
presence or sight of the Police Officers, the persons witnessing the
violation shall first make a sworn complaint before the judicial officer
aforesaid who shall thereupon issue a warrant for the arrest and apprehension
of the person charged with said offense. Police Officers may sign
complaints on information and belief, provided they set forth the
source of their information and the basis of their belief, when for
any reason the person witnessing the violation refused to or does
not sign a complaint.
[Ord. No. 1981-15; Ord. No. 1982-10]
No person under the age of 18 shall be permitted in any public
place, street or property in the Township between the hours of 7:00
p.m. and 6:00 a.m. of each and every day during the period of October
29 to November 1 inclusive, of each year unless such person shall
during such hours be returning home from work, night school, fraternity
or church or school meetings or en route to or returning from a doctor's
or dentist's office where treatment is to be rendered or has been
rendered, or is accompanied by his parent or guardian over 20 years
old.
[Ord. No. 1992-6]
[Ord. No. 2000-7]
[Ord. No. 12-2-77; Ord. No. 1992-5]
As used in this section:
Consuming or holding an open or partly consumed container
of alcoholic beverage of any nature, or having in one's possession
an open or partly consumed container of alcoholic beverage of any
nature.
Any place to which the public has access and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business and public grounds areas, parks, as well
as parking lots or other vacant private property not owned by or under
the control of the person charged with violating this section.
[Ord. No. 12-2-77; Ord. No. 1992-5; Ord. No.
2000-7]
a.
No person shall drink any alcoholic beverage in any public place
nor hold or possess any open container or partly consumed container
of alcoholic beverage of any nature.
b.
A person shall not drink an alcoholic beverage while operating a
motor vehicle. A passenger in a motor vehicle shall not drink an alcoholic
beverage while the motor vehicle is being operated. This subsection
shall not apply to a passenger of a charter or special bus operated
as defined under N.J.S.A. 48:4-1 or an autocab, limousine or livery
service.
[Ord. No. 1992-5]
A person shall be presumed to have consumed an alcoholic beverage
in violation of this section if an unsealed container of an alcoholic
beverage is located in the passenger compartment of the motor vehicle,
the contents of the alcoholic beverage have been partially consumed
and the physical appearance or conduct of the individual may be associated
with the consumption of an alcoholic beverage. For the purposes of
this section, the term "unsealed" shall mean a container with its
original seal broken or a container such as a glass or cup.
[Ord. No. 1992-5]
a.
This section shall not apply to an owner of private property and
his guests, or to a business holding a valid retail plenary alcoholic
beverage consumption license provided further that such activity is
in accordance with the rules and regulations prescribed by the Department
of Alcoholic Beverage Control of the State of New Jersey.
b.
The prohibition of drinking of alcoholic beverages as described herein
shall not apply where a permit to drink alcoholic beverages was issued
by the appropriate Township authorities.
[Ord. No. 1992-5]
[Ord. No. 1992-4]
The Township Committee may upon a majority vote issue a one-day
permit for the consumption of alcoholic beverages in the various public
parks within the Township during the hours said park is open to the
public, said permit does not permit the sale of any alcoholic beverages.
The fee for said permit shall be $10; the fine for a violation
of this section shall be a fine imposed by the Municipal Court of
up to $500; the permit holder shall indemnify and hold harmless the
Township for any liability which may occur, including but not limited
to costs of defense and attorney's fees; the permit may be revoked
by a Township Police Officer for a violation of this section.
[Ord. No. 2013-02]
Notwithstanding any ordinance to the contrary, the Township
Committee may, upon a majority vote, permit the sale and consumption
of alcoholic beverages for the annual Township Community Day on Greenwich
Township School District property, provided that the sale and consumption
of alcohol is confined to the specific outdoor pavilion or tent in
which alcohol is made available, consent is obtained from the Greenwich
Township Board of Education, and all required permits from the State
of New Jersey Division of Alcoholic Beverage Control are obtained.
[1]
Prior ordinance history includes portions of Ordinance Nos.
4-4-1969, 1995-11 and 2000-7.
[Ord. No. 2006-15]
It is hereby declared that there exist in the Township of Greenwich
structures used for residential and nonresidential purposes which
are or may become in the future substandard with respect to structure,
equipment or maintenance and, further, that such conditions, including
but not limited to structural deterioration, lack of maintenance and
appearance of the exterior of premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air and unsanitary conditions,
constitute a menace to the health, safety, morals, welfare and reasonable
comfort of the citizens and inhabitants of the Township of Greenwich.
It is further declared that, by reason of lack of maintenance and
progressive deterioration, certain properties have the further effect
of causing blight and initiating slums, that, if the same are not
curtailed or removed, such conditions may grow and spread and necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same and that, by the adoption of the regulations
and restrictions herein contained, slums and blight may be prevented
and neighborhood and property values may be maintained and upgraded,
nonresidential uses and neighborhoods may be better maintained and
the public health, safety and welfare may be protected and fostered.
[Ord. No. 2006-15]
The purpose of this section is to establish minimum standards
governing the conditions, maintenance and appearance of buildings
and premises in the Township of Greenwich used or intended to be used
for residential and nonresidential occupancy; to establish minimum
standards governing utilities, facilities and other physical equipment
essential to make the aforesaid buildings and premises safe and sanitary;
to fix responsibilities and duties of owners and occupants of buildings;
to authorize the inspection of buildings and premises; and to fix
penalties for violations.
[Ord. No. 2006-15]
The provisions of this section shall constitute the standards
to guide the enforcement officer in determining whether the premises
are being maintained in such condition as to constitute and produce
a blighting effect upon neighboring properties and to cause a progressive
deterioration and downgrading of neighborhood properties with an accompanying
diminution of neighborhood property values.
[Ord. No. 2006-15]
a.
Word usage. When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
b.
BATHROOM
BUILDING
DETERIORATION
ENFORCEMENT OR ENFORCING OFFICER
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
GARBAGE
HAZARD
1.
2.
3.
4.
5.
6.
7.
8.
INFESTATION
LITTER
MIXED OCCUPANCY
NUISANCE
1.
2.
3.
4.
5.
6.
7.
8.
9.
OCCUPANT
OPERATOR
OWNER
PARTIES IN INTEREST
PERSON
PREMISES
PUBLIC AUTHORITY
REFUSE
RUBBISH
STRUCTURE
TRANSLUCENT
WEATHERING
WINDOW
WINDOW DISPLAY AREA
Definitions. As used in this section, the following terms shall have
the meanings assigned to them unless a different meaning clearly appears
from the context. All definitions of the BOCA Basic Building Code
are hereby included.
Any enclosed space which contains a water closet and shall
also contain one or more of the following: bathtub, shower, lavatory
or fixtures serving similar purposes.
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outbuildings and appurtenances
belonging thereto or usually utilized in connection therewith.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
substantial evidence of physical decay, neglect, lack of maintenance
or excessive wear.
The Property Maintenance Officer created by § 3-4.14; if the position of Property Maintenance Officer is not occupied or is otherwise vacant, the Zoning Officer of the Township or a designee duly appointed by the Township Clerk.
[Amended by Ord. No. 2015-07]
Any premises or part thereof which may be lawfully viewed
by the public or any member thereof from a sidewalk, street, alleyway
or parking lot or from any adjoining or neighboring premises.
The control and elimination of insects, rodents and vermin,
whether by eliminating their harborage places or by removing or making
inaccessible material that may serve as their food or by poisoning,
spraying, fumigating, trapping or any other legal means of pest elimination.
The animal and vegetable matter or other organic waste resulting
from the handling, preparation, cooking and consumption of food or
other products.
Includes but is not limited to the following:
Natural growth: dead and dying trees, limbs and other natural
growth not including tree lines used for property boundary purposes
which, by reason of rotting or deteriorating conditions or storm damage,
are or may be dangerous to persons in the vicinity thereof.
Overhangs: loose, overhanging and projecting objects and accumulations
of ice and snow which, by reason of location above ground level, constitute
a danger to persons in the vicinity thereof.
Ground surface conditions: holes, excavations, breaks, heaps
of material, ungraded fill, projections, traps and obstructions on
paths, sidewalks, driveways, parking lots and parking areas and other
parts of the exterior of the premises which are accessible to and
used by persons having access to such premises.
Recurring accumulation of stormwater: inadequate running off
or recurrent accumulations of stormwater due to lack of or improper
installation or maintenance of drains.
Sources of infestation: conditions conducive to the breeding
or harboring of insects, rodents, vermin or pests.
Defective foundation walls: holes, breaks, deterioration, undermining
or any damage in foundation walls rendering the same incapable of
safely bearing all imposed loads placed thereon or of excluding weather,
vermin and other pests.
Defective chimneys, flues and vent attachments thereto: chimneys,
flues and vent attachments not structurally sound or free from defects,
or inadequately designed, attached or maintained, so as to perform
capably at all times the functions for which they were designed and
constructed; chimneys, flues, gas vents and other draft-producing
equipment which do not provide sufficient draft to develop the rated
output of the connected equipment or are not structurally safe, durable,
smoke-tight or capable of withstanding the action of flue gases.
Defective exterior porches, landings, balconies, stairs and
fire escapes: exterior porches, landings, balconies, stairs and fire
escapes which are not provided with banisters or railings properly
designed, not structurally sound or maintained in good repair, painted
or not otherwise provided with a protective treatment to prevent deterioration.
The presence on or within the premises of insects, rodents,
vermin or pests.
Includes, but without limitation, discarded, windblown, deposited,
dropped or strewn paper wrappings, cardboard, bottles, cans, boxes
and broken glass and all foreign materials defacing the surface of
premises subject thereto.
The use of any building for both residential and nonresidential
purposes.
Any public nuisance known at common law or as defined by the
statutes of the State of New Jersey or by the ordinances of the Township
of Greenwich.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes but is not limited
to: abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation, such as poison
ivy, oak, or sumac, which may prove hazardous for inquisitive minors
but not including tree lines used for property boundary purposes.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Overcrowding of a room with occupants in violation of this code.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person or persons, including the owner, in actual possession
of and using an entire building or an occupancy unit in a building.
Any person, including the owner, who has care or control
of the premises or any part thereof.
The holder or holders of all or part of the title to the
premises.
All individuals, associations and corporations who have interests
of record in a building or premises and any who are in actual possession
thereof.
Any individual, firm, corporation or other legal entity,
and also a political subdivision of a state or the United States.
A lot, plot or parcel of land, whether or not the same has
buildings situated thereon, not including Township-owned land or buildings.
The person or persons who are authorized by the codes and
ordinances of the Township of Greenwich to exercise powers prescribed
therein.
Any rotting or spoiling foodstuffs, fruits or vegetables
and all putrescible and nonputrescible solid wastes, including but
not limited to garbage, rubbish, ashes, litter, dead animals, abandoned
automobiles and solid market and industrial wastes, brush, weeds,
broken glass, stumps, roots, obnoxious growths, filth, trash, rubbish
and debris of any description.
All combustible and noncombustible waste materials except
garbage.
Any assembly of materials forming a construction, including
but not limited to buildings, stadiums; gospel and circus tents, reviewing
stands, platforms, stagings, observation towers, radio towers, water
tanks, trestles, open sheds, bins, shelters, fences and display racks
and signs.
The property of admitting the passage of light but diffusing
it so that objects cannot be clearly distinguished.
The deterioration, decay or damage caused by exposure to
the elements.
An opening in the wall or roof of a building for the admission
of light or air, which opening may be closed to the elements by casements
or sashes containing glass or other transparent or translucent materials.
That area of a building in proximity to the inner surface
of a window which is designed or used for the viewing of the interior
and the display of items representative of any goods or services pertaining
to the business conducted therein.
c.
Meanings of certain words. Whenever, in describing or referring to
any person, party, matter or thing, any word importing the singular
number or masculine gender is used, the same shall be understood to
include and to apply to several persons or parties as well as one
person and to females as well as males and to bodies corporate and
partnerships as well as individuals and to several matters and things
as well as one matter or thing.
[Ord. No. 2006-15]
a.
Each and every lot and building thereon located in the Township of
Greenwich, intended use or design shall comply with the provisions
of this section, whether or not any such building shall have been
constructed, altered or repaired before or after the enactment of
this section and irrespective of any permits or licenses which shall
have been issued for the use or occupancy of any such building or
premises or for the construction, alteration or repair of equipment
or facilities therein or thereon prior to the effective date of this
section. This section establishes minimum standards for the initial
and continued occupancy and use of all such buildings and premises
and does not replace, modify or lessen standards otherwise established
for the construction, repair, alteration or use of such buildings
and premises and equipment or facilities contained therein or thereon.
b.
Where there is mixed occupancy of such buildings and premises, the
residential and nonresidential uses thereof shall be regulated by
and be subject to the applicable provisions of both this section and
all other ordinances and codes of the Township of Greenwich.
c.
In any case where a provision of this section is found to be in conflict
with any provision of any zoning, building, fire, safety or health
ordinance or code of the Township as it relates to such buildings
and premises, including provisions governing the issuance of licenses
and permits, the provision which establishes the higher standard for
the promotion and protection of health and safety shall prevail and
be applied.
d.
Nothing in this section shall be construed to abrogate or impair
the powers of any department or official of the Township to enforce
the provisions of any Township ordinance or regulation or to prevent
or punish any violation thereof.
[Ord. No. 2006-15]
a.
Owner and operator. Owners and operators shall have all the duties and responsibilities prescribed in subsections 3-4.7, 3-4.8, 3-4.9, 3-4.10 and 3-4.11 inclusive, and in the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from such duties or responsibilities by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
b.
Occupant. Occupants shall have all the duties and responsibilities prescribed in subsections 3-4.7, 3-4.8, 3-4.9, 3-4.10 and 3-4.11 and in all regulations promulgated pursuant thereto, and the occupant shall not be relieved of any such duties or responsibilities by reason of the fact that the owner or operator, or both, is or are also responsible therefor and in violation thereof.
c.
Contract not to alter responsibilities. The respective duties and
responsibilities imposed hereunder on the owner, operator and occupant
shall not be altered or affected by any agreement or contract to which
one or more of them is or are a party or parties.
[Ord. No. 2006-15]
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 hazards which
include but are not limited to the following:
a.
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris, but not including tree lines
used for property boundary purposes.
b.
Natural growth. Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitutes a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions. Natural growth
does not include tree lines used for property boundary purposes.
c.
Overhangings. 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.
d.
Ground surface hazards or unsanitary conditions. Holes, excavations,
breaks, projections, obstructions, icy parking areas and other parts
of the premises which are accessible to and used by persons on the
premises. All such holes and excavations shall be filled and repaired,
walks and steps replaced and other conditions removed where necessary
to eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery.
e.
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
f.
Sources of infestation.
g.
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
h.
Chimneys and all flue and vent attachments thereto. Chimneys and
all flue and vent attachments thereto shall be maintained structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed. Chimneys, flues,
gas vents or other draft-producing equipment shall be structurally
safe, durable, smoke-tight and capable of withstanding the action
of flue gases.
i.
Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained to minimize
the hazard of falling, and the same shall be kept structurally sound,
in good repair and free from defects.
j.
Aboveground and in-ground swimming pools. All aboveground and in-ground
swimming pools shall be kept structurally sound, in good repair, free
from defects and include appropriate fencing surrounding the entire
pool.
[Added by Ord. No. 2013-05]
[Ord. No. 2006-15]
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, including the following:
a.
Storage of commercial and industrial material. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas equipment and materials relating to commercial
or industrial uses unless permitted under the Township of Greenwich
Zoning Ordinances for the premises.
b.
Landscaping. 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.
c.
Reconstructed walls and sidings. Reconstructed walls and sidings
of nonresidential structures shall be of standard quality and appearance
commensurate with the character of the properties in the same block
and on both sides of the street on which the premises front, such
that the materials used will not be of a kind that by their appearance
under prevailing appraisal practice and standards will depreciate
the values of the neighboring and adjoining premises as aforesaid.
d.
General maintenance. The exterior of every structure, or accessory
structure, including fences, shall be maintained in good repair. The
same shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other condition 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. A periodic (every
month) exterminating service shall be maintained in all multiple-family
dwellings.
[Ord. No. 2006-15]
a.
The outside building walls shall not have any holes, loose boards
or any broken, cracked or damaged finish, which admits rain, cold
air, dampness, rodents, insects or vermin.
b.
Every dwelling shall be so maintained as to be weather- and watertight.
c.
Basements, cellar and crawl spaces shall be free of moisture resulting
from seepage, and cross ventilation shall be required where necessary
to prevent accumulations of moisture and dampness, and shall be paved
with stone or concrete not less than four inches thick and shall be
maintained at all times in a condition so as to be smooth, clean and
free from cracks, breaks and other hazards.
d.
All parts of the premises shall be maintained so as to prevent infestation.
e.
All parts of the dwelling shall be kept in a clean and sanitary condition,
free of nuisance and free from health, safety and fire hazards.
f.
Every roof, roof gutter, flashing, rainwater conductor and roof cornice
shall be weather- and rain tight and shall be kept in good repair.
g.
Every multifamily dwelling, residential dwelling or commercial establishment
shall have installed and in working order a minimum of at least one
smoke detector per family unit in addition to any other detectors
required by the regulations adopted and promulgated by the New Jersey
Department of Community Affairs in accordance with the authority and
power of law invested in it by N.J.S.A. 55:13A-1. The above must be
installed and in working condition in order for any certificate of
occupancy required elsewhere in this Code to be issued.
[Ord. No. 2006-15]
a.
Garbage removal. The owner or operator shall have the duty and responsibility
of removing garbage wherever a janitor is required for the premises
in accordance with paragraph c.
b.
Storage areas. All accumulation of trash and debris shall be removed
daily from collection areas and trash chutes, if the trash compactor
is out of order. In dwellings containing four or more dwelling units,
storage areas or storage bins of fireproof construction and containing
fireproof walls and partitions of at least two hours' rating shall
be provided.
c.
Janitorial service. In every dwelling containing three or more dwelling
units or rooming units or a combination thereof, the owner shall provide
or designate a superintendent, janitor, caretaker or housekeeper,
who shall at all times maintain the premises in compliance with this
Code and keep the premises free from any filthy garbage, refuse and
rubbish and who shall be responsible for the daily collection of garbage
and other refuse from the occupants on a regular schedule and at a
reasonable time and place the same out for collection. Said person
shall be regularly available on the premises to perform the foregoing
duties and, in the case of complexes of 50 or more units, shall reside
on the premises. In the event that said superintendent, janitor, caretaker
or housekeeper shall not reside in said premises, the owner or operator
shall make his name, address and telephone number known to all tenants
and shall register the same with the public officer and shall also
make available and known to all tenants and public officer the name
of an alternative individual who shall be responsible at all times
during the absence of said superintendent, janitor, caretaker or housekeeper.
The failure of any superintendent, janitor, caretaker or housekeeper
to comply with the provisions of this code, even in disobedience of
instructions, shall not relieve the owner or operator from the duties
and responsibilities imposed by this code. Additionally, the owner
or operator shall register the name, address and telephone number
of said owner or operator with the public officer.
d.
Heating and air conditioning. Premises whose lease or expressed or
implied covenants cognizable at common law or in equity or as provided
by the statutes of the State of New Jersey shall include air conditioning
from May 2 until September 14 at a temperature of 74°. Central
heat shall be required in all residential and dwelling units from
September 15 to May 1 at a temperature of 68°.
e.
Maintenance contracts. All apartment buildings of four or more stories
shall have twenty-four-hour maintenance contracts to prevent elevators
being out of service for an excessive length of time.
[Ord. No. 2006-15]
a.
Floors and supporting structural members shall be maintained in a
structurally sound condition, and there shall not be imposed thereon
any load which shall constitute a hazard or exceed the safe limits
for which said floor was designed.
b.
Bathroom floors shall be surfaced with water-resistant material and
shall be kept in a dry, clean and sanitary condition at all times.
c.
In buildings containing not more than four occupancy units, it shall
be the responsibility of each of the occupants and, in buildings containing
more than four occupancy units, it shall be the responsibility of
the owner and operator to furnish such receptacles as are needed for
the proper storage of garbage and rubbish until the removal of all
garbage and rubbish and to provide for the regular and periodic removal
of all garbage and rubbish from the premises.
d.
Storage bins, rooms and areas shall not be used for the storage of
accumulated garbage and rubbish unless:
1.
Such rubbish is stored in watertight containers of metal or other
material approved by the enforcing officer.
2.
Such storage bins, rooms and areas are of smooth, easily cleanable
construction and are kept in a sanitary condition.
3.
Such areas, if located outside a building and visible from any public
walk, street or public parking area, are shielded by a method approved
by the enforcing officer and constructed in compliance with the applicable
provisions of the Uniform Construction Code of the Township of Greenwich.
e.
Except in compliance with regulations of the Department of Public
Works relating to collection procedures, rubbish and garbage shall
be placed or kept on the property within the building located thereon
or not nearer to the street line than the building line or not nearer
to the street line than the face of the building, whichever distance
from the street line is the greater.
f.
Flammable or combustible liquids or other materials shall not be
stored on the premises unless they are of a type approved for storage
by the Fire Department and then only in such quantities as may be
prescribed by applicable Fire Department directives or regulations.
g.
Every occupant of an occupancy unit shall be responsible for the
extermination of any insects, rodents or other pests therein or on
the premises. In addition to the foregoing provision of this subsection,
whenever infestation is caused by failure of the owner or operator
to maintain any such building in a reasonably pest proof condition,
extermination shall be the responsibility of the owner and operator.
[Ord. No. 2006-15]
a.
Every building shall be provided with electric service, where required,
in accordance with the applicable codes from time to time adopted
by the Township.
b.
Every bathroom shall be provided with permanently installed and operating
artificial lighting fixtures with switches and wall plates so located
and maintained that there is no danger of electric shock from a simultaneous
contact with a water-supply fixture.
c.
Maximum fuse or circuit breaker sizes are specified by the National
Electrical Code, as amended from time to time, and shall be posted
conspicuously on the inside cover of all fuse or circuit breaker boxes,
and no fuse or circuit breaker shall be installed therein in excess
of the stated maximum. Owners and operators shall not be held responsible
for violations in fuse and circuit breaker sizes where the correct
maximum size is stated and the fuse or circuit breaker box is located
within any part of the building which is in the exclusive possession
of an occupant or occupants other than the owner.
[Ord. No. 2006-15]
a.
Upon discovery by an occupant of any condition on the premises which
constitutes a violation of this section, the occupant shall report
the same to the Clerk of the Township of Greenwich.
b.
All parts of the premises under the control of an occupant shall
be kept in a clean, sanitary and safe condition by the occupant, and
the occupant shall refrain from performing any acts which would render
other parts of the premises unclean, unsafe or unsanitary or which
would prevent the owner or operator from performing any duty required
hereunder.
[Ord. No. 2006-15; amended
by Ord. No. 2015-07]
a.
The purpose of this section is to create the position of Property
Maintenance Officer. The Property Maintenance Officer is the person
duly designated to act as an officer under the provisions of this
section, by the Township committee of the Township of Greenwich. The
Property Maintenance Officer shall enforce the provisions of this
section, and report directly to the Township Committee liaison, and
otherwise follow the terms set forth herein, specifically to make
inspections, prepare and serve notices and orders and take all action
necessary to secure compliance with the provisions of this section.
The Property Maintenance Officer shall seek and receive the cooperation
of all other Township departments having concurrent jurisdiction over
the matters of this section.
b.
If the position of Property Maintenance Officer is not occupied or
is otherwise vacant, the Zoning Officer of the Township of Greenwich
is hereby designated and appointed to enforce the provisions of this
section as the Property Maintenance Officer, with all powers set forth
herein, until such time as a successor Property Maintenance Officer
is appointed. The Police Department also retains all ability to enforce
all provisions of the Property Maintenance Code, and that enforcement
power is not affected by anything contained herein.
[Ord. No. 2006-15]
a.
All premises within the Township of Greenwich covered by this section
shall be subject to inspection from time to time by the Property Maintenance
Officer, Clerk of the Township of Greenwich or their designee to determine
the condition thereof in order that he may perform his duty of safeguarding
the health and safety of the persons occupying and using the same
and of the general public.
[Amended by Ord. No. 2015-07]
b.
For the purpose of making such inspections, the enforcing officer
is hereby authorized to enter, examine and survey, at all reasonable
times, all such premises; provided, however, that such entries are
made in such a manner as to cause the least possible inconvenience
to the persons in possession. The owner, operator and persons occupying
the same shall give the enforcing officer free access to the same
at all reasonable times for the purpose of such inspections. Every
person occupying such premises shall give the owner and operator thereof
access to that portion of the premises occupied by or in the possession
of such person at all reasonable times for the purpose of making such
repairs, alterations or corrections as are necessary to effect compliance
with the provisions of this section or with any lawful rules or regulations
adopted or any lawful order issued pursuant to the provisions of this
section.
[Ord. No. 2006-15]
Where the enforcing officer makes a preliminary finding that
conditions on the premises constitute an immediate and substantial
threat to the safety or health of occupants of or persons in proximity
to the premises, he may order and direct that the premises be vacated
immediately and that signs or notices be posted prohibiting occupancy
thereof.
[Ord. No. 2006-15; amended
by Ord. No. 2013-05; Ord. No. 2015-07]
The owner or tenant of lands lying within the corporate limits
of the Township is hereby required, within 10 days after receipt by
such owner or tenant of written notice from the Property Maintenance
Officer or Clerk of the Township of Greenwich, to:
a.
Remove or cause to be removed from such lands any structure, brush,
weeds, dead and dying trees, stumps, roots, obnoxious growth, filth,
garbage, trash, debris and solid waste set forth in the notice;
b.
Repair any exterior of the premises and/or repair any structure set
forth in the notice so as to not be in violation of this section;
and
c.
Take corrective action to bring into compliance every violation identified
in the notice.
[Ord. No. 2006-15; amended
by Ord. No. 2015-07]
Notice to the owner or tenant, to cause the removal of the substances
referred to in the preceding section, may be served upon any such
owner or tenant either personally or by certified mail at the address
to which tax bills are sent; and, if by the latter method, the ten-day
period within which such removal shall be accomplished shall be deemed
to have commenced to run from the date of the return receipt of such
certified mail obtained by the postal authority for the delivery of
such certified notice. Every such notice shall, in addition to requiring
the removal aforesaid, warn the owner or tenant of the lands to which
such notice refers that failure to accomplish such removal within
the time stated therein will result in removal by or under the direction
of the Property Maintenance Officer or Clerk of the Township of Greenwich;
and the cost of such removal shall be charged to the owner or tenant
of such lands and shall be payable to the Township of Greenwich within
30 days after the date of submission of the charges. Unless such charges
are paid within the thirty-day period, the costs aforesaid shall become
a lien upon the lands and be collected as provided by N.J.S.A. 40:48-2.14
and enforced by the same officers and in the same manner as taxes.
[Ord. No. 2006-15; amended
by Ord. No. 2015-07]
Whenever the owner or tenant of such lands within the Township,
receiving the notice provided for by the preceding section to remove
from such lands any of the substances hereinbefore mentioned, shall
fail and neglect, within the time prescribed in the notice, to effect
removal of such substances, such removal shall be accomplished by
or under the direction of the Property Maintenance Officer or Clerk
of the Township of Greenwich. An accurate record of the costs of such
removal to the Township shall be determined by the Property Maintenance
Officer or Clerk of the Township of Greenwich, who shall certify the
cost thereof to the governing body, which shall examine the certificate
and, if found correct, shall cause the cost as shown thereon to be
charged against the lands; the amount so charged shall forthwith become
a lien upon such lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands, 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.
[Ord. No. 2006-15; amended
by Ord. No. 2013-05; Ord. No. 2015-07]
Any person who shall violate any of the provisions of this section or fail to comply with any notice given by the Property Maintenance Officer or Clerk of the Township of Greenwich or other official of the Township shall, upon conviction, be liable to the penalty stated in § 3-1. Any such penalty shall be in addition to the costs of removing the substances hereinbefore referred to upon the lands described in the notice given by the Property Maintenance Officer or Clerk of the Township of Greenwich.
[Ord. No. 2015-04]
[Ord. No. 2015-04]
a.
Except as provided in N.J.S.A. 55:19-83, any property that has not
been legally occupied for a period of six months and which meets any
one of the following criteria may be deemed to be abandoned property
upon a determination by the Property Maintenance Officer or his/her
designee appointed by the Township Administrator, pursuant to N.J.S.A.
40:48-2.5, that:
1.
The property is in need of rehabilitation in the reasonable judgment
of the Property Maintenance Officer, pursuant to N.J.S.A. 40:48-2.5,
and no rehabilitation has taken place during that same six-month period.
2.
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.
3.
At least one installment of property tax remains unpaid and delinquent
on that property as of the date of a determination.
4.
The property has been determined to be a nuisance by the Property
Maintenance Officer, for one or more of the following reasons:
(a)
The property has been found to be unfit for human habitation,
occupancy or use pursuant to N.J.S.A. 40:48-2.3.
(b)
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties.
(c)
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so.
(d)
The presence of vermin or the accumulation of debris, including
junk, litter, trash, newspapers, circulars, flyers, mailers or uncut,
overgrown or neglected vegetation, or physical deterioration of the
structure or grounds has created potential health and safety hazards
and the owner has failed to take reasonable and necessary measures
to remove the hazards.
(e)
The dilapidated appearance or other condition of the property
materially affects the welfare, including the economic welfare, of
the residents of the area in close proximity to the property and the
owner has failed to take reasonable and necessary measures to remedy
the conditions.
(f)
Disconnected gas, electric or water utility services to the
property.
(g)
Accumulation of hazardous, noxious or unhealthy substances or
materials on the property.
(h)
Any other reasonable indicia of abandonment.
b.
A property which contains both residential and nonresidential space
may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq.
so long as 2/3 or more of the total net square footage of the building
was previously legally occupied as residential space and none of the
residential space has been legally occupied for at least six months
at the time of the determination of abandonment by the Property Maintenance
Officer.
[Ord. No. 2015-04]
a.
The Property Maintenance Officer shall identify abandoned property
within the Township of Greenwich for the purpose of establishing an
abandoned property list. The abandoned property list shall include,
for each abandoned property identified, the tax block and lot number,
the name of the owner of record, if known, the street address of the
lot and the date added to the list. The Property Maintenance Officer
may add properties to the abandoned property list at any time, and
may delete properties at any time when he or she finds that the property
no longer meets the definition of an abandoned property.
b.
An abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of rehabilitation
work authorized by those permits. A property on which an entity other
than the Township of Greenwich has purchased or taken assignment from
the Township of a tax sale certificate which has been placed on the
abandoned property list may be removed if the owner of the certificate
pays all municipal taxes and liens due on the property within 30 days
after the property is placed on the list; provided, however, that
if the owner of the certificate fails to initiate foreclosure proceedings
within six months after the property was first placed on the list,
the property shall be restored to the abandoned property list in accordance
with the provisions of N.J.S.A. 55:19-103.
c.
The Property Maintenance Officer shall establish the abandoned property
list, after which a notice of violation will be sent, certified mail,
return receipt requested, and by regular mail, to the owner of record
and any stakeholder. The notice of violation shall identify the property
determined to be abandoned, setting forth the owner of record and
any stakeholder, if known, the tax lot and block number, the street
address and the date the property was added to the list. The Property
Maintenance Officer, in consultation with the Tax Collector, shall
also send out a notice by regular mail to any mortgagee, servicing
organization, or property tax processing organization that receives
a duplicate copy of the tax bill pursuant to N.J.S.A. 54:4-64(d).
When the owner of record is not known for a particular property and
cannot be ascertained by the exercise of reasonable diligence by the
Tax Collector, notice shall not be mailed but instead shall be posted
on the property in the manner as provided in N.J.S.A. 40:48-2.7. The
mailed notice shall indicate the factual basis for the finding of
the Property Maintenance Officer, that the property is abandoned as
that term is defined herein and in N.J.S.A. 55:19-54, and shall specify
the information relied upon in making such finding. In all such cases,
a copy of the mailed or posted notice shall also be filed by the Property
Maintenance Officer in the office of the Warren County Clerk. This
filing shall have the same force and effect as a formal notice under
N.J.S.A. 2A:15-6. The notice shall be captioned with the name of the
Township of Greenwich as "plaintiff" and the name of the property
owner as "defendant" as though an action had been commenced by the
Township against the owner.
d.
An owner or lienholder may challenge the inclusion of his property
on the abandoned property list by appealing that determination to
the Township Administrator within 30 days of the owner's receipt of
the certified notice or 40 days from the date upon which the notice
was sent. An owner whose identity was not known to the Property Maintenance
Officer shall have 40 days from the date upon which notice was posted,
whichever is later, to challenge the inclusion of a property on the
abandoned property list. For good cause shown, the Township Administrator
may accept a late filing of an appeal. Within 30 days of receipt of
a request for an appeal of the findings contained in the notice, a
hearing shall be scheduled for redetermination of the matter. Any
property included on the list shall be presumed to be abandoned property
unless the owner, through the submission of an affidavit or certification
asserting that the property is not an abandoned property, can demonstrate
that the property was erroneously included on the list. The affidavit
or certification shall be accompanied by supporting documentation,
such as, but not limited to, photographs, repair invoices, bills and
construction contracts. The sole ground for appeal shall be that the
property in question is not abandoned property as that term is defined
herein and in N.J.S.A. 55:19-54. The Township Administrator shall
decide any timely filed appeal within 10 days of the hearing on the
appeal and shall promptly, by certified mail, return receipt requested,
and by regular mail, notify the property owner of the decision and
the reasons therefor.
e.
The property owner may challenge an adverse determination of an appeal,
in accordance with the New Jersey Court Rules, in a summary trial
proceeding in the Superior Court, Warren County. Such action shall
be instituted within 20 days of the date of the notice of decision.
The sole ground for appeal and new hearing before the Superior Court
shall be that the property in question is not an abandoned property
as that term is defined in N.J.S.A. 55:19-54. The failure to institute
an action of appeal on a timely basis shall constitute a jurisdictional
bar to challenging the adverse determination, except that, for good
cause shown, the court may extend the deadline for instituting the
action.
f.
The Township shall promptly remove any property from the abandoned
property list that has been determined by the Township Administrator
or on appeal not to be abandoned and may, in its discretion, remove
properties from said list whenever he deems such removal appropriate
under the circumstances.
g.
The abandoned property list shall become effective, and the Township
of Greenwich shall have the right to pursue any legal remedy with
respect to properties on the list, at any time after at least one
property has been placed on the list and following the expiration
of the period for appeal with respect to that first property or upon
the denial of an appeal brought by the property owner of that first
property.
[Ord. No. 2015-04]
a.
Any interested party may submit a written request to the Township
asserting that any property within the Township of Greenwich should
be included on the abandoned property list. The written request must
specify the street address and block and lot number of the property
to be included and the grounds for its inclusion. Within 30 days of
receipt of any such request, the Township shall provide a written
response to the party, either indicating that the property will be
added to the list or, if not, the reasons for not adding the property.
For the purposes of this section, the term "interested parties" shall
include any resident of the Township of Greenwich, any owner or operator
of a business within the Township of Greenwich or any organization
representing the interests of residents or business owners or otherwise
engaged in furthering the revitalization and improvement of the neighborhood
in which the property is located.
b.
Any interested party may participate in a redetermination hearing
regarding the inclusion of a property on the abandoned property list.
Upon written request by any interested party, the Township Administrator
shall provide that party with at least 20 days' notice of any such
hearing. The party shall provide the Township with notice, at least
10 days before the hearing, of its intention to participate and the
nature of the testimony or other information that it proposes to submit
at the hearing.
[Ord. No. 2015-04]
a.
An owner may request removal of their property from the abandoned
property list prior to sale of the tax sale certificate by paying
all taxes and Township liens due, including interest and penalties,
and:
1.
By posting cash or a bond equal to the cost of remediating all conditions
because of which the property has been determined to be abandoned
pursuant to N.J.S.A. 55:19-55 and by posting cash or a bond to cover
the cost of any environmental cleanup required on the property, evidenced
by a certification by a licensed engineer retained by the owner and
reviewed and approved by the Township stating that the cash or bond
adequately covers the cost of the cleanup; or
2.
By demonstrating to the satisfaction of the Township that the conditions
rendering the property abandoned have been remediated in full; provided,
however, that where the Administrator finds that the owner is actively
engaged in remediating the conditions because of which the property
was determined to be abandoned, as evidenced by significant rehabilitation
activity on the property, the owner may be granted an extension of
time of not more than 120 days for the owner to complete all work,
during which time no further proceedings will be taken against the
owner or the property.
b.
If the owner has posted cash or a bond in order to have a property
removed from the abandoned property list and the conditions because
of which the property was determined to be abandoned have not been
fully remediated within one year of the date of posting the cash or
bond, or, in the case of a property which requires a remediation of
any known, suspected or threatened release of contaminants, if the
owner has failed to enter into a memorandum of agreement with the
New Jersey Department of Environmental Protection or an administrative
consent order, as the case may be, or if an agreement or order is
in effect but the owner has failed to perform the remediation in conformance
with the agreement or order, then the cash or bond shall be forfeited
to the Township, which shall use the cash or bond and any interest
which has accrued thereon for the purpose of demolishing or rehabilitating
the property or performing the environmental remediation. Any funds
remaining after the property has been demolished, rehabilitated or
cleaned up shall be returned to the owner.
[Ord. No. 2015-04]
a.
Notwithstanding the provisions of N.J.S.A. 54:5-19, or the provisions
of any other law to the contrary, if a property is included on the
abandoned property list and the property taxes or other Township liens
due on the property are delinquent for six or more quarters as of
the date of expiration of the right to appeal the property's inclusion
on the list or, if an appeal has been filed, as of the date that all
opportunities for appeal of inclusion on the list have been exhausted,
then the tax lien on the property may be sold in accordance with the
procedures of the Tax Sale Law, N.J.S.A. 54:5-1 et seq., on or after
the 90th day following the expiration of that time of appeal or final
determination on an appeal.
b.
The Township of Greenwich may, at its option, require that the sale
of the tax sale certificate or any subsequent assignment or transfer
of a tax sale certificate held by the Township be subject to the express
condition that the purchaser or assignee shall be obliged to perform
and conclude any rehabilitation or repairs necessary to remove the
property from the abandoned property list pursuant to N.J.S.A. 55:19-55
and to post a bond in favor of the Township to guarantee the rehabilitation
or repair of the property. The Township Committee may waive a requirement
to post a bond imposed by the Township for any purchaser, assignee
or transferee of a tax sale certificate that provides documentation
acceptable to the Township Committee that the purchaser, assignee
or transferee is a qualified rehabilitation entity as defined in N.J.S.A.
55:19-80. The cost of rehabilitation and repairs and the cost of the
bond shall be added to the amount required to be paid by the owner
for redemption of the property. The purchaser, assignee or transferee
of the tax sale certificate who is required to rehabilitate and repair
the property shall be required to file the appropriate affidavits
with the Tax Collector, pursuant to N.J.S.A. 54:5-62, representing
the amounts of monies expended periodically toward the rehabilitation
or repair of the property. A purchaser, assignee or transferee shall
be entitled to interest on the amounts expended, as set forth in the
affidavits, at the delinquent rate of interest for delinquencies in
excess of $1,500 in effect for the time period when the amounts were
expended, pursuant to N.J.S.A. 54:4-67. The tax sale certificate purchaser,
assignee or transferee, with the authority of the Township of Greenwich,
shall be permitted to enter in and upon the property for the purposes
of appraising the costs of rehabilitation and repair and to perform
all other acts required to guarantee the completion of the rehabilitation
or repair of the property. No rehabilitation or repair work shall
be commenced, however, until proof of adequate liability insurance
and an indemnification agreement, holding the Township of Greenwich
harmless, have been filed with the Township Clerk.
c.
If the Township of Greenwich acquires the tax sale certificate for
a property on the abandoned property list, then, upon 10 days' written
notice to the property owner and any mortgagee as of the date of the
filing of the notice pursuant to N.J.S.A. 55:19-55, the Township shall
be permitted to enter upon the property and remediate any conditions
that caused the property to be included on the abandoned property
list. No remediation shall be commenced, however, if, within that
ten-day period, the owner or mortgagee shall have notified the Township
in writing that the owner or mortgagee has elected to perform the
remediation itself. When the owner or mortgagee elects to perform
the remediation itself, it shall be required to post bond in favor
of the Township of Greenwich in order to ensure performance. The amount
and conditions of the bond shall be determined by the Township Committee.
d.
The cost of remediation incurred by the Township of Greenwich, as
so certified by the entity incurring the cost upon completion of the
remediation, shall constitute a lien upon the property first in time
and right to any other lien, whether the other lien was filed prior
to or after the filing of any lien by the Township, except for Township
taxes, liens and assessments and any lien imposed pursuant to the
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.,
together with any interest thereon. The certification of cost shall
be filed and recorded as a lien by the entity incurring the cost with
the Warren County Clerk.
e.
The clearance, development, redevelopment, or repair of property
being maintained as an abandoned property pursuant to this section
shall be considered a public purpose and public use, for which the
power of eminent domain may be lawfully exercised.
[Ord. No. 2015-04]
a.
The Township of Greenwich may hold special tax sales with respect
to those properties eligible for tax sale pursuant to N.J.S.A. 54:5-19
which are also on the abandoned property list.
b.
The Township Administrator shall establish criteria for eligibility
to bid on properties at the sale, which may include, but need not
be limited to:
1.
Documentation of the bidder's ability to rehabilitate or otherwise
reuse the property consistent with Township plans and regulations;
and commitments by the bidder to rehabilitate or otherwise reuse the
property, consistent with Township plans and regulations;
2.
Commitments by the bidder to take action to foreclose on the tax
lien by a date certain; and
3.
Such other criteria, as may be determined, if necessary to ensure
that the properties to be sold will be rehabilitated or otherwise
reused in a manner consistent with the public interest.
c.
The Township may establish minimum bid requirements for a special
tax sale that are less than the full amount of the taxes, interest
and penalties due, to help ensure that the properties will be rehabilitated
or otherwise utilized in a manner consistent with the public interest.
d.
The Township has the ability to combine properties in said special
tax sale into bid packages, and require that bidders place a single
bid on each package, rejecting any and all bids on individual properties
that are submitted.
e.
The Township may sell properties subject to the provision that if
the purchaser fails to carry out any commitment that has been set
forth as a condition of sale, or misrepresents any material qualification
that has been established as a condition of eligibility to bid pursuant
thereto, then the properties and any interest thereto acquired by
the purchaser shall revert to the Township, and any amount paid by
the purchaser at the special tax sale shall be forfeit to the Township.
f.
In the event there are two or more qualified bidders for any property
or bid package in a special tax sale, the Township may designate the
unsuccessful qualified bidder whose bid was closest to the successful
bid as an eligible purchaser. In the event that the selected purchaser
of that property or bid package fails to meet any of the conditions
of sale established by the Township pursuant to this section and their
interest in the property or properties reverts to the Township, the
Township may subsequently designate the entity previously designated
as an eligible purchaser as the winning bidder for the property or
properties and assign the tax sale certificates to that entity on
the basis of that entity's bid at the special tax sale, subject to
the terms and conditions of the special tax sale.
g.
The Township of Greenwich shall provide notice of a special tax sale
pursuant to N.J.S.A. 54:5-26. The notice shall include any special
terms of sale established by the Township pursuant to this section.
Nothing shall prohibit the Township from holding a special tax sale
on the same day as a standard or accelerated tax sale.
[Ord. No. 2015-04]
a.
When a person or entity other than the Township of Greenwich acquires
a tax sale certificate for a property on the abandoned property list
at tax sale, the purchaser may institute an action to foreclose the
right of redemption at any time after the expiration of just six months
following the date of the sale of the tax sale certificate.
b.
When the Township of Greenwich is the purchaser at tax sale of any
property on the abandoned property list pursuant to N.J.S.A. 54:5-34,
an action to foreclose the right of redemption may be instituted in
accordance with the provisions of Subsection b of N.J.S.A. 54:5-77.
c.
After the foreclosure action is instituted, the right to redeem shall
exist and continue to exist until barred by the judgment of the Superior
Court; provided, however, that no redemption shall be permitted except
where the owner:
1.
Posts cash or a bond equal to the cost of remediating the conditions
because of which the property was determined to be abandoned pursuant
to N.J.S.A. 55:19-56, as determined by the court; or
2.
Demonstrates to the court that the conditions because of which the
property was determined to be abandoned have been remedied in full.
[Ord. No. 2015-04]
a.
If an entity other than the Township of Greenwich has purchased or
taken assignment from the Township of a tax sale certificate on a
property that has not been legally occupied for a period of six months,
that property shall not be added to the abandoned property list under
the following limited circumstances:
1.
The owner of the certificate continued to pay all Township taxes
and liens on the property in the tax year when due; and
2.
The owner of the certificate takes action to initiate foreclosure
proceedings within six months after the property is eligible for foreclosure
pursuant to either Subsection a or Subsection b of N.J.S.A. 54:5-86,
as appropriate, and diligently pursues foreclosure proceedings in
a timely fashion thereafter.
b.
A property used on a seasonal basis shall be deemed abandoned only
if it meets any two of the additional criteria set forth in N.J.S.A.
55:19-81.
c.
A determination that a property is abandoned property under the provisions
of this section and N.J.S.A. 55:19-78 et seq. shall not constitute
a finding that the use of the property has been abandoned for purposes
of municipal zoning or land use regulation.
d.
Upon the request of a purchaser or assignee of a tax sale certificate
seeking to bar the right of redemption on an abandoned property pursuant
to Subsection b of N.J.S.A. 54:5-86, the Tax Collector shall, in a
timely fashion, provide the requester with a certification that the
property fulfills the definition of an "abandoned property" according
to the criteria established in N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82.
[Ord. No. 2015-04]
a.
A summary action or other action to transfer possession and control
of abandoned property in need of rehabilitation to the Township of
Greenwich may be brought by the Township in the Superior Court, Warren
County. If the court shall find that the property is abandoned, and
that the owner or party in interest has failed to submit and initiate
a rehabilitation plan, then the court may authorize the Township to
take possession and control of the property and to develop its own
rehabilitation plan for the property.
b.
Where the Township has been granted possession and control, the Township
may commence and maintain further proceedings for the conservation,
protection or disposal of the property, or any part thereof, that
are required to rehabilitate the property, recoup the cost and expenses
of rehabilitation, and for the sale of the property; provided, however,
that the court shall not direct the sale of the property if the owner
applies to the court for reinstatement of control and possession of
the property as permitted by N.J.S.A. 55:19-92.
c.
Failure by the owner, mortgage holder or lienholder to submit a plan
for rehabilitation to the Township, obtain appropriate construction
permits or, in the alternative, submit formal applications for funding
the cost of rehabilitation to local, state or federal agencies providing
such funding, within the initial six-month period, shall be deemed
clear evidence that the owner has failed to take any action to further
the rehabilitation of the property.
d.
An owner may defend against a complaint filed pursuant to N.J.S.A.
55:19-84 by submitting a plan for the rehabilitation and reuse of
the property which is the subject of the complaint and by posting
a bond equal to 125% of the amount determined by the Township to be
the projected cost of rehabilitation.
e.
Any plan submitted by an owner to defend against a complaint shall
be submitted within 60 days after the complaint has been filed, unless
the court provides the owner with an extension of time for good cause
shown. A plan submitted by an owner pursuant to this section shall
include, but not be limited to:
1.
A detailed financial feasibility analysis, including documentation
of the economic feasibility of the proposed reuse, including operating
budgets or resale prices, or both, as appropriate;
2.
A budget for the rehabilitation of the property, including sources
and uses of funds, based on the terms and conditions of realistically
available financing, including grants and loans;
3.
A timetable for the completion of rehabilitation and reuse of the
property, including milestones for performance of major steps leading
to and encompassing the rehabilitation and reuse of the property;
and
4.
Documentation of the qualifications of the individuals and firms
that will be engaged to carry out the planning, design, financial
packaging, construction, and marketing or rental of the property.
f.
Where the court approves the rehabilitation plan of the owner or
other party in interest, then it may appoint the Township Committee
to act as monitor of compliance and progress. If the owner fails to
carry out any step in the approved plan, then the Township may apply
to the court to have the posted bond forfeited, to transfer possession
of the building to the Township to complete the rehabilitation plan,
and to grant authorization to use the bond proceeds for the rehabilitation.
The owner or other party in interest shall provide bimonthly reports
to the Township on its activities and progress toward rehabilitation
and reuse of the property.
g.
If an owner is unsuccessful in defending against a complaint filed
pursuant to N.J.S.A. 55:19-84, the mortgage holder or lienholder may
seek to be designated in possession of the property by submitting
a plan and posting a bond meeting the same conditions as set forth
in N.J.S.A. 55:19-87. Their plan must be submitted within 60 days
following the court's rejection of the owner's plan, unless the court
provides the mortgage holder or lienholder with an extension of time
for good cause shown. If the court approves any such mortgage holder
or lienholder's plan, it shall designate that party to be in possession
of the property for purposes of ensuring its rehabilitation.
h.
The mortgage holder or lienholder, as the case may be, shall provide
bimonthly reports to the court and the Township on its activities
and progress toward rehabilitation and reuse of the property. If the
mortgage holder or lienholder fails to carry out any material step
in the approved plan, then the Township Solicitor shall notify the
court, which may order the posted bond forfeit, grant the Township
possession of the property, and authorize the Township to use the
proceeds of the bond for rehabilitation of the property.
i.
Any sums incurred or advanced for the purpose of rehabilitating the
property by a mortgage holder or lienholder granted possession of
a property, including court costs and reasonable attorneys' fees,
may be added to the unpaid balance due to that mortgage holder or
lienholder, with interest calculated at the same rate set forth in
the note or security agreement or, in the case of a tax lienholder,
at the statutory interest rate for subsequent liens.
j.
If no mortgage holder or lienholder meets the conditions of N.J.S.A.
55:19-88, then the Township may submit a plan to the court which conforms
with the provisions of N.J.S.A. 55:19-87. Such plan shall designate
whether the Township or a qualified rehabilitation entity shall undertake
the rehabilitation plan in accordance with the provisions of N.J.S.A.
55:19-90.
[Ord. No. 2015-04]
a.
The Township Committee may designate a qualified rehabilitation entity
for the purpose of exercising the Township's rights, where that designation
will further the rehabilitation and reuse of the property consistent
with Township plans and objectives.
b.
Regardless of whether the Township exercises its rights directly
or the Township Committee designates a qualified rehabilitation entity
pursuant to this section, the Township shall maintain, safeguard,
and maintain insurance on the property while in possession of such
property. Notwithstanding the Township's possession of the property,
the owner of the property shall not be relieved of any civil or criminal
liability or any duty imposed by reason of acts or omissions of the
owner.
c.
The court may approve the borrowing of funds by the Township to rehabilitate
the property and may grant a lien or security interests with priority
over all other liens or mortgages other than municipal liens. Prior
to granting this lien priority, the court must find as follows:
1.
The Township sought to obtain the necessary financing from the senior
lienholder, which declined to provide such financing on reasonable
terms;
2.
The Township sought to obtain a voluntary subordination from the
senior lienholder, which refused to provide such subordination; and
3.
Lien priority is necessary in order to induce another lender to provide
financing on reasonable terms. No lien authorized by the court shall
take effect unless recorded with the Clerk of Warren County.
d.
Where the Township has designated a qualified rehabilitation entity
to act on its behalf, the qualified rehabilitation entity shall provide
bimonthly reports to the Township on its activities and progress toward
rehabilitation and reuse of the property. The Township or qualified
rehabilitation entity, as the case may be, shall provide such reports
to the court as the court determines to be necessary. If the court
finds that the Township or its designee has failed to take diligent
action toward rehabilitation of the property within one year from
the grant of possession, then the court may request that the Township
designate another qualified rehabilitation entity to exercise its
rights or, if the Township fails to do so, may terminate the order
of possession and return possession and control of the property to
its owner.
e.
The Township of Greenwich shall file a notice of completion with
the court, and shall also serve a copy on the owner and any mortgage
holder or lienholder, at such time as the Township has determined
that no more than six months remain to the anticipated date on which
rehabilitation will be complete. This notice shall include an affidavit
of the Township Administrator, attesting that the rehabilitation is
anticipated to be completed within six months, and a statement setting
forth the actions it plans to undertake consistent with the plan.
[Ord. No. 2015-04]
An owner may petition for reinstatement of the owner's control
and possession of the property at any time after one year from the
court's removal of possession, but no later than 30 days after the
Township of Greenwich has filed a notice of completion with the court
or, in the event the notice of completion is filed within less than
one year of the grant of possession, within 30 days after the Township
has filed said notice.
a.
The court may allow additional time for good cause if that additional
time does not materially delay completion of the rehabilitation, place
undue hardship on the Township or affect any of the terms or conditions
under which the Township has applied for or received financing for
the rehabilitation of the property.
b.
If the owner fails to petition for the reinstatement of control and
possession of the property within 30 days after the Township has filed
a notice of completion or, in any event, within two years after the
initial grant of possession, or if the owner fails to meet any conditions
that may be set by the court in granting a reinstatement petition,
the court may grant the Township title or authorize the Township to
sell the property, subject to the provisions of N.J.S.A. 55:19-96.
[Ord. No. 2015-04]
a.
The Township Committee, with the approval of the court, may place
a lien on the property to cover any costs of the Township in connection
with any proceeding under N.J.S.A. 55:19-78 et seq., incurred prior
to the grant by the court of an order of possession, which may include
costs incurred to stabilize or secure the property to ensure that
it can be rehabilitated in a cost-effective manner. Any such lien
shall be considered a Township lien for the purposes of N.J.S.A. 54:5-9,
with the rights and status of a Township lien pursuant thereto.
b.
Where the Township seeks to gain title to the property, it shall
purchase the property for fair market value on such terms as the court
shall approve and may place the proceeds of sale in escrow with the
court.
c.
The court may authorize the Township of Greenwich to sell the building
free and clear of liens, claims and encumbrances, in which event all
such liens, claims and encumbrances shall be transferred to the proceeds
of sale with the same priority as existed prior to resale in accordance
with the provisions of this section, except that municipal liens shall
be paid at settlement. The proceeds of the purchase of the property
shall be distributed as set forth in N.J.S.A. 55:19-97.
d.
Upon approval by the court, the Township shall sell the property
on such terms and at such price as the court shall approve and may
place the proceeds of sale in escrow with the court. The court shall
order a distribution of the proceeds of sale after paying court costs
in the order of priority set forth in N.J.S.A. 55:19-97.
e.
With the exception of the holding of special tax sales pursuant to
N.J.S.A. 55:19-101, the remedies available under N.J.S.A. 55:19-78
et seq. shall be available to the Township with respect to any abandoned
property, whether or not the Township has established an abandoned
property list and whether or not the property at issue has been included
on any such list.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
Definitions. The following words, terms, and phrases, when used
in this chapter, shall have the meanings ascribed to them in this
section, except when the context clearly indicates a different meaning.
Include, but are not limited to, the Greenwich Township Code
of Ordinances (Township Municipal Code), and the New Jersey Building
Code.
As defined in accordance with N.J.S.A. 40:48-2.12s2(d), means
state-chartered bank, savings bank, savings and loan association or
credit union, any person required to be licensed under the provisions
of the New Jersey Residential Mortgage Lending Act, Sections 1 through
39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and
any entity acting on behalf of the creditor named in the debt obligation,
including, but not limited to, servicers. For purposes of this section,
a "creditor" shall not include the state, a political subdivision
of the state, or a state, county, or local government entity, or their
agent or assignee, such as the servicer.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township of Greenwich to enforce the
applicable code(s).
The legal process by which a mortgagee terminates a mortgagor's
interest in real property either to obtain legal and equitable title
to the real property pledged as security for a debt or to force a
sale of said property to satisfy a debt. For purposes of this article,
this process begins upon the service of a summons and a complaint
on the mortgagor on any interested party. For purposes of this article,
the process is not concluded until the property is sold to a bona
fide purchaser not related to the mortgagee in an arm's length
transaction, whether by Sheriff's sale, private sale following
a Sheriff's sale, or private sale following the vesting of title
in the mortgagee pursuant to a judgment.
The creditor, including, but not limited to, lenders in a
mortgage agreement; any agent, servant, or employee of the creditor;
any successor in interest; or any assignee to the creditor's
rights, interests, or obligations under the mortgage agreement, excluding
governmental entities as assignee or owner.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned property.
Any building or structure that is not legally occupied.
As defined in accordance with N.J.S.A. 40:48-2.12s3(b)(8),
shall mean property that 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:
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 property 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 and 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;
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 a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Township of Greenwich above and
beyond any other state, county, or local provisions for same.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
Pursuant to the provisions of § 3-4.37, the Township of Greenwich or its designee shall establish a vacant and abandoned property registry containing the information required by this Article.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
a.
Any creditor who holds a mortgage or equity lien on real property
located within the Township shall perform an inspection of the property
to determine vacancy or occupancy, upon the commencement of foreclosure
as evidenced by a foreclosure filing. The creditor shall, within 10
days of the inspection, register the property with the Township Code
Enforcement Official, or its designee, on forms or website access
provided by the Township, and indicate whether the property is vacant
or occupied. A separate registration is required for each property,
whether it is found to be vacant or occupied.
b.
If the property is occupied but remains in foreclosure, it shall
be inspected by the creditor or his designee monthly until i) the
mortgagor or other party remedies the foreclosure, or ii) it is found
to be vacant or shows evidence of vacancy at which time it is deemed
abandoned, and the mortgagee shall, within 10 days of that inspection,
update the property registration to a vacancy status on forms provided
by the Township.
c.
Registration pursuant to this section shall contain the name of the
creditor and the servicing entity, if any, the direct mailing address
of the mortgagee and the servicing entity, a direct contact name and
telephone number for both parties, facsimile number and email address
for both parties, the folio or tax number, and the name and twenty-four-hour
contact telephone number of the property management company responsible
for the security and maintenance of the property.
d.
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration.
On each anniversary date of the initial registration, the creditor
shall submit a renewal registration fee as follows:
1.
$500
per property annually for any property that is required to be registered
because a summons and a complaint in an action to foreclose was filed
by the creditor; and
2.
An additional
$2,000 per property annually if the property is vacant and abandoned
pursuant to the definition in the ordinance when the summons and complaint
in an action to foreclose is filed, or becomes vacant and abandoned
pursuant to the definition in the ordinance at any time thereafter
while the property is in foreclosure.
e.
If the property is not registered, or the registration fee is not
paid within 30 days of when the registration or renewal is required
pursuant to this section, a late fee equivalent to 10% of the annual
registration fee shall be charged for every thirty-day-period, or
portion thereof, that the property is not registered and shall be
due and payable with the registration.
f.
All registration fees must be paid directly from the creditor, mortgagee,
servicer, or trustee. Third-party registration fees are not allowed
without the consent of the Township and/or its authorized designee.
g.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
h.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as they remain in foreclosure.
i.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
j.
Failure of the creditor to properly register or to modify the registration
form from time to time to reflect a change of circumstances as required
by this chapter is a violation of the chapter and shall be subject
to enforcement.
k.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Township may
take the necessary action to ensure compliance with and place a lien
on the property for the cost of the work performed to benefit the
property and bring it into compliance.
l.
Registration of foreclosure property does not alleviate the creditor
from obtaining all required licenses, permits, and inspections required
by applicable codes or applicable state statutes.
m.
If the mortgage and/or servicing on a property is sold or transferred,
the new creditor is subject to all terms of this chapter. Within 10
days of the transfer, the new creditor shall register the property
or update the existing registration. The previous mortgagee(s) will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during the creditor's involvement
with the registrable property.
n.
If the creditor sells or transfers the registrable property in a
non-arm's-length transaction to a related entity or person, the
transferee is subject to all the terms of this chapter. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including but not limited to unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous creditor will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that creditor's involvement with the registrable property.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
a.
Properties subject to this article shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state, or local law, discarded personal items
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
b.
Properties subject to this article shall be maintained free of graffiti
or similar markings by removal or painting over with an exterior-grade
paint that matches the color of the exterior structure.
c.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with all applicable code(s) at the time registration
was required.
d.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt, or similar material.
e.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
f.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
g.
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable Code(s) and issuance of a citation or notice of violation in accordance with this chapter, Chapter 3 (Police Regulations) of the Township Code. Pursuant to a finding and determination by the Township Code Enforcement Officer or a court of competent jurisdiction, the Township 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 the applicable code(s).
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
a.
Properties subject to this chapter shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
b.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates, and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates, and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
c.
If a mortgage on a property is in default, and the property has become
vacant and abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this chapter, and any other applicable law(s).
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
All vacant and abandoned real property is hereby declared to
be a public nuisance, the abatement of which pursuant to the police
power is hereby declared to be necessary for the health, welfare and
safety of the residents of the Township.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
a.
Any person who shall violate the provisions of this chapter shall
be cited and fined by one or more of the following: imprisonment in
the county jail or in any place provided by the municipality for the
detention of prisoners, for any term not exceeding 90 days; or by
a fine not less than $500 or exceeding $1,250; or by a period of community
service not exceeding 90 days.
b.
Any person who is convicted of violating this chapter within one
year of the date of a previous violation of the same section, and
who was fined for the previous violation, shall be sentenced by a
court to an additional fine as a repeat offender. The additional fine
imposed by the court upon a person for a repeated offense shall not
be less than the minimum or exceed the maximum fine fixed for a violation
of this chapter, but shall be calculated separately from the fine
imposed for the violation of this chapter.
[Added 9-15-2022 by Ord.
No. 107-2022]
Adherence to this chapter does not relieve any person, legal
entity, or agent from any other obligations set forth in any applicable
code(s) which my apply to the property. Upon sale or transfer of title
to the property, the owner shall be responsible for all violations
of the applicable code(s).
[Added 9-15-2022 by Ord.
No. 107-2022]
a.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety, and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before a court of competent
jurisdiction as soon as possible to address the conditions of the
property.
b.
The Code Enforcement Officer shall have the authority to require
the mortgagee and/or owner of record of any property affected by this
section to implement additional maintenance and/or security measures,
including, but not limited to, securing any and all doors, windows
or other openings, employment of an on-site security guard or other
measures, as may be reasonably required to help prevent further decline
of the property.
c.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Code Enforcement Officer may direct the municipality to abate the
violations and charge the mortgagee with the cost of abatement.
d.
If the mortgagee does not reimburse the Township for the cost of
temporarily securing the property, or of any abatement directed by
the Code Enforcement Board of Special Magistrate, within 30 days of
the Township sending the mortgagee the invoice, then the Township
may lien the property with such cost, along with an administrative
fee of $500 to recover the administrative personnel services.
[Added 9-15-2022 by Ord.
No. 107-2022]
Whoever opposes, obstructs, or resists any enforcement officer
or any person authorized by the Code Enforcement Office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
[Added 9-15-2022 by Ord.
No. 107-2022]
Any enforcement officer or any person authorized by the Township
to enforce the sections contained herein shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this chapter.
[Ord. No. 5-6-66; Ord. No. 8-5-66; Ord. No.
1980-3]
No person shall within the limits of the Township:
a.
Throw, dump, cast or deposit paper, paper products, bottles, tin
cans, containers, automobile parts, junk, any wrecked or abandoned
or unlicensed motor vehicle not carrying current New Jersey inspection
approval tags, unusable machines or parts of machines, metal, trash,
garbage, debris or other waste materials upon open fields, woods,
or private property or upon or along any public street, highway or
other public place, provided that this section shall not be construed
to prohibit the placing of such materials as are removed from the
Township by persons, partnerships or corporations authorized to collect
garbage and other waste materials when same are placed in suitable
containers for that purpose. Farm machinery kept on the farmer's own
premises is excluded from the provisions of this section.
b.
No person shall keep, store, abandon, or leave upon any parcel of
land, street, road, alley, way or parkway in the Township any motor
vehicle not currently used for transportation and not being licensed
for the current year or which cannot be readily operated under its
own power; except when set up as a source for generating power in
an inconspicuous location; provided, however, that nothing herein
contained shall be determined to prohibit the placing, keeping, storing
or abandonment of any such motor vehicle in a garage or other building,
which shall consist of at least three enclosed sides and a roof, or
on the lands and premises of a licensed new or used automobile dealer,
or licensed service station operator, where the motor vehicle is being
or is about to be repaired. However, the licensed new or used automobile
dealer or licensed service station operator cannot allow any motor
vehicle or motor vehicles to be parked on his land or premises, without
being under cover or without repairs thereon having been made, for
a period exceeding 30 days.
c.
Permit land to be covered with or contain refuse or debris resulting
from the construction activities or the demolishing of a building
which refuse or debris has remained on the land for more than 30 days
after the completion of the construction activities or the demolition
work.
[Ord. No. 5-6-66; Ord. No. 7-7-78]
Upon the complaint of any resident or property owner of the
Township or any employee of the Township or, upon his own motion,
the Health Officer, Police Chief, or Construction Official, or their
respective designated agents shall make an investigation of the condition
complained of and report thereon in writing to the Township Clerk.
[Ord. No. 5-6-66]
Upon receiving the report, if the land in question about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of Subsection 3-5.1 exists on the land, the Township Clerk shall notify the owner and possessor of the lands complained of, in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove the violation from the land within 10 days after receipt of the notice.
[Ord. No. 5-6-66; Ord. No. 7-7-78]
The Health Officer, Chief of Police, Construction Official or
their respective designated agents shall reinspect the lands after
the ten-day period shall have expired and shall report in writing
to the Township Clerk whether or not the unlawful condition complained
of and previously found to exist in violation of this section has
been abated or remedied.
[Ord. No. 5-6-66]
In the event that the owner or possessor of said lands shall
refuse or neglect to abate or remedy the condition complained of and
which constituted a violation of this section, after the 10 days'
notice, the Township Committee shall cause the condition complained
of to be abated and remedied.
[Ord. No. 5-6-66]
Upon removal of any of the materials prohibited to be stored
or abandoned on lands by this section by or under the direction of
such officer or officers of this Township in cases where the owner
or tenant shall have refused or neglected to remove same in the manner
and within the time provided above, such officer or officers 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 lands; the amount so charged shall
forthwith become a lien upon such lands and shall be added to and
become and form part of the taxes next to be assessed and levied upon
said lands, 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.
[Ord. No. 5-6-66]
[Ord. No. 9-6-63; New]
It shall be unlawful for any person, either for himself or as
agent or representative of another person, or as an officer or agent
of any corporation, or as a member of a partnership, with intent to
defraud, to make, draw, utter or deliver any check, draft or order
for the payment of money in a sum not in excess of $200 upon any bank
or other depository, knowing at the time of so doing that the maker,
or drawer, has no finds or insufficient funds in, or credit with,
such bank or other depository for the payment in full of such instrument
upon its presentation although no express representation is made in
reference thereto.
[Ord. No. 9-6-63]
The making, drawing, uttering or delivering of a check, draft
or order as stated in the foregoing section shall be prima facie evidence
of intent to defraud, and the certificate of protest of nonpayment
of same shall be presumptive evidence that there were no funds or
insufficient funds in or credit with such bank or other depository
and that the person making, drawing, uttering or delivering the instrument
knew that there were no funds or insufficient funds in credit with
such bank or other depository.
[Ord. No. 2000-7]
Pursuant to N.J.S.A. 40:5-18, whenever payment is tendered to
the Township of Greenwich for any fees, fines, penalties, account,
escrow, tax, or assessments, by check or other written instrument
which was returned for insufficient funds, a service charge in the
amount of $20 shall be added to said fee, fine, penalty, account,
escrow, tax or assessment. Collection of the service charge shall
be collected in the same manner prescribed by law for the collection
of the account for which the check or other written instrument was
tendered. Any person who tenders such check or written instrument
returned for insufficient funds shall tender all future payments by
cash or by certified or cashier's check.
[Ord. No. 11-3-78; Ord. No. 2003-4]
All public parks shall be open to the public from the hours
of 8:00 a.m. until dusk daily.
[Ord. No. 11-3-78; amended 5-16-2019 by Ord. No. 103-2019]
Supervision of all playgrounds, parks, and other recreational
areas shall be provided by the Township Committee or its designee.
Children of age five or under shall be accompanied by a parent or
guardian at all times.
[Ord. No. 11-3-78; Ord. No. 1981-14]
No person shall enter, or leave any park, playground, or other
recreation area except by an established and posted entrance or exit.
No owner or operator of any automobile, motorcycle, trail-bike, snowmobile
or other similar motor-driven vehicle shall operate or cause such
motor-driven vehicle to be operated within any park, playground or
any other recreation area except to enter or leave same by an established
and posted entrance or exit. Additionally, no bicycles or other nonmotorized
vehicles shall be ridden through the parks or playgrounds.
[Ord. No. 11-3-78]
No person except police personnel, personnel from the recreation
association or any other emergency personnel in the performance of
their duties shall loiter or park a motor vehicle after the established
closing hours on the recreation area.
[Ord. No. 11-3-78]
No owner, or driver shall cause his vehicle to stand or be parked
anywhere outside of the designated parking spaces except for a reasonable
time to pick up or discharge passengers.
[Ord. No. 11-3-78]
No person shall remove or destroy, injure, deface, scrape, tear
or cause damage to any building, machinery, signs, plants, shrubbery,
or other property of, or under control of, the recreation association
or any other person who is lawfully using one of the areas described
above.
[Ord. No. 11-3-78]
No person shall discard, throw, or dispose of rubbish, refuse,
garbage, or other waste materials etc., except in receptacles provided
for that purpose by the recreation association.
[Ord. No. 11-3-78]
No person shall kindle, build, maintain or use a fire in any
portable grill, gas grill, electric grill or other cooking apparatus
except in areas designated for such purpose. Any fire shall be continuously
under the care and direction of a competent adult from the time it
is kindled until it is extinguished, and no fire shall be built under
any circumstances within 10 feet of any tree or building.
[Ord. No. 11-3-78]
No person shall drink, take, use, have in his possession, or
be under the influence of any intoxicating liquors, controlled dangerous
substances, other habit forming drugs, or hallucinogenics, whether
they are scheduled controlled dangerous substances or not, in any
park, playground or any other recreational area.
[Ord. No. 11-3-78]
No person shall cast, catch, kick, strike any baseball, golf
ball, football, basketball, bean bag, volley ball, or other objects
except in places designated therefor.
[Ord. No. 11-3-78]
No person shall bring into the park, playground or other recreational
areas, or have in their possession, any rifle, shotgun, fowling piece,
airguns, string guns, sling shot, other instrument, or weapon. This
provision shall not apply to Police Officers, whether they are on-duty
or off-duty.
[Ord. No. 11-3-78]
No person shall cause or permit any animal owned by him, or
in his custody or under his control, except a dog or a cat, and then
only when restrained by a leash not exceeding six feet in length to
go or be at large. Each such animal found at large may be seized and
disposed of as provided by the laws of the State of New Jersey and
ordinances of the Township.
[Ord. No. 11-3-78]
No person shall ride, drive, or bring any horse within the limits
of any park, playground, or any recreational area without the permission,
in writing, of the recreational association of the Township.
[Ord. No. 11-3-78]
a.
No person shall erect any structure, stand or platform, or post any
signs, hold any meetings, perform any ceremony, make any speech, address
or harangue or exhibit to the public any form of entertainment or
engage in any parade drills or maneuvers unless they obtain permission
from the Township Committee or its designee.
[Amended 5-16-2019 by Ord. No. 103-2019]
b.
No person shall make use of any park or playground or other recreational
area to perform or engage or encourage others to perform or engage
in any act or activity which is prohibited by the laws of the State
of New Jersey, the United States, or the ordinances of this Township.
c.
No person may lawfully interfere with, or fail to obey any Police
Officer or parks and playground personnel in the proper performance
of their duties.
d.
The police and/or parks and playground personnel shall have the authority
to eject from any park or playground area any person acting in any
manner in violation of this section, or any other quasi criminal ordinance,
or for disorderly persons offenses, as defined as such, or for violating
any statute or ordinance.
e.
Police, park, and playground personnel shall have the authority to
seize any device within the parks, or playground that is in violation
of this section; and only upon the presentation of a complaint to
the Township Committee may such items be returned. It shall be within
the discretion of the Committee to order the items forfeited.
f.
No person shall cause or permit any animal owned by him, or in his
custody or under his control, to be on any playgrounds or other recreational
areas.
[Added 5-16-2019 by Ord.
No. 103-2019]
g.
No person or organization shall use any recreational area unless
such use is authorized by the Township Committee or its designee and
the person or organization's representative is in possession of a
valid field use permit.
[Added 5-16-2019 by Ord.
No. 103-2019]
h.
All persons or organizations granted a field use permit by the Township
Committee or its designee shall not leave a reserved recreation area
or pavilion with any litter, waste, abandoned property, debris, or
trash.
[Added 5-16-2019 by Ord.
No. 103-2019]
i.
No person shall use any park, playground, or recreation area to operate
any ultralight aircraft vehicle, including, but not limited to, powered
parachuting vehicles.
[Added 5-16-2019 by Ord.
No. 103-2019]
j.
No person or organization shall erect or install any structure, fixture
or memorial of any kind in any Township Park or on any Township open
space including but not limited to, a bench, monument, walkway, paver,
tree, shrub, or planting of any kind whatsoever unless they first
obtain permission from the Township Committee. It shall be the policy
of the Township that all proposed improvements and donations to any
park of any bench, monument, walkway, paver, tree, shrub, or planting
of any kind, whether permanent or temporary, be presented to the Open
Space and Parks Committee who, with input from the Superintendent
of Public Works, may choose to endorse the project and refer the same
to the Township Committee. The Township Committee retains the right
to accept or reject the recommendation of the Open Space Committee.
In no case will the addition of a memorial placard or sign be permitted.
[Added 12-16-2021 by Ord.
No. 114-2021]
k.
No person or organization shall erect or post any sign of any kind
displaying the name of any individual, company or organization who
may have donated to any park or recreation activity or event, whether
permanent or temporary.
[Added 12-16-2021 by Ord.
No. 114-2021]
[Ord. No. 11-3-78; Ord. No. 2000-7]
Any person convicted of a violation of any of the provisions of this section shall be subject to the penalties as stated in § 3-1.
[1]
Prior history includes portions of Ordinance Nos. 1988-14
and 2000-7.
[Ord. No. 2008-11]
An activity involving the sale of goods or services carried
out for profit.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling.
Those materials designated within the Warren County District
Solid Waste Management Plan to be source separated for the purpose
of recycling. These materials include: (list those designated recyclable
materials from the county recycling plan for the residential, commercial
and institutional sectors).
A computer central processing unit and associated hardware
including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
[Amended 9-19-2019 by Ord. No. 116-2019]
Any building, including but not limited to any related structure,
accessory building, and land appurtenant thereto, and any part thereof,
which contains 10 or more units of dwelling space or has sleeping
facilities for 25 or more persons and is kept, used, maintained, advertised
as, or held out to be a place where sleeping or dwelling accommodations
are available to transient guests.
This definition shall also mean and include any hotel, motor
hotel, motel, or established guesthouse, which is commonly regarded
as a hotel, motor hotel, motel, or established guesthouse, as the
case may be, in the community in which it is located; provided that
this definition shall not be construed to include any building or
structure defined as a multiple dwelling in this act, registered as
a multiple dwelling with the Commissioner of Community Affairs as
hereinafter provided, and occupied or intended to be occupied as such,
nor shall this definition be construed to include a rooming house
or a boarding house as defined in the Rooming and Boarding House Act
of 1979, P.L. 1979, c. 496 (N.J.S.A. 55:13B-1 et seq.), or, except
as otherwise set forth in P.L. 1987, c. 270 (N.J.S.A. 55:13A-7.5,
55:13A-7.6, 55:13A-12.1, and 55:13A-13.2), any retreat lodging facility,
as defined in this section.
Any building or structure or complex of buildings in which
three or more dwelling units are rented or leased or offered for rental
or lease for residential purposes (see N.J.S.A. 13:IE-99.13a) except
hotels, motels, or other guest houses serving transient or seasonal
guests as those terms are defined under subsection of Section 3 of
the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A.
55: 13A-1 et seq.).
The person or persons appointed by the municipal governing
body and who shall be authorized to enforce the provisions of this
section, and any rules and regulations which may be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of Greenwich Township.
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
Recyclable materials, which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
[Ord. No. 2008-11]
a.
Mandatory source separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the municipality of Greenwich Township, to separate
designated recyclable materials from all solid waste. Designated recyclable
materials shall be deposited separate and apart from other solid waste
generated by the owners, tenants, or occupants of such premises and
shall be placed separately at the curb in a manner and on such days
and times as may be hereinafter established by regulations promulgated
by the Township of Greenwich.
b.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this section, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity, the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity, the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider shall provide written documentation
to the Municipal Recycling Coordinator of the total number of tons
collected and recycled for each designated material.
[Ord. No. 2008-11]
The collection of recyclable material shall be in the manner
prescribed as follows: Greenwich Township Recycling Program is held
on the third Saturday of each month, from the hours of 9:00 a.m. to
noon, located in the parking lot of the Old School, North Main Street.
Residents are allowed during that time frame to bring recyclable materials
for drop off. All other recyclable materials shall be disposed of
during scheduled recycling pick up with resident contracted garbage
disposal companies.
a.
All containers and brown paper bags containing recyclable materials
shall be placed, prior to collection, between the curb and the sidewalk,
or in the absence of curb and sidewalk, as near to the street as not
to constitute a danger, where such receptacles shall be readily accessible
to the collector without providing obstruction to pedestrians. The
owner or occupant of the premises shall keep all receptacles clean
and in safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above anytime after 6:00 p.m. of the day
Immediately preceding the day of collection, but no later than of
the day of collection. After collection, any containers shall be removed
from the curbside by no later than 3:00 p.m. of the day of collection.
b.
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the municipality of Greenwich Township.
[Ord. No. 2008-11]
a.
The owners/occupants of single-family and two-family dwellings shall
be responsible for compliance with this section.
b.
For multi-family units, the management or owner is responsible for
setting up and maintaining the recycling system, including the designation
of a building/complex recycling coordinator who will oversee the recycling
system which includes the collection of recyclable materials.
c.
Violations and penalty notices will be directed to the owner, occupant,
or management, in those instances where the violator is not easily
identifiable. The management shall issue notification and collection
rules to new tenants when they arrive and every six months during
their occupancy.
[Ord. No. 2008-11]
a.
All commercial, business, or industrial shall be required to comply
with the provisions of this section.
b.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoor litter
receptacles and disposal for their contents shall also provide receptacles
for designated recyclable materials, for those materials commonly
deposited, in the location of the litter receptacle, and shall provide
for separate recycling service for their contents.
c.
Annually, every business, institution and industrial facility shall report to the Municipal Recycling Coordinator the recycling activities undertaken at their premises for the prior year, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service, no later than March 1. The forms to be used will be provided by the Municipal Recycling Coordinator. It shall be a violation of this chapter if the form provided by the Municipal Recycling Coordinator is not completed in its entirety and submitted to the Municipal Recycling Coordinator by March 1. Each and every day that said violation continues shall be a separate offense punishable pursuant to § 3-8.9.
[Amended by Ord. No. 2012-04]
d.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed,
for inspection by any Code Enforcement Officer.
[Ord. No. 2008-11]
a.
Any application to the Land Use Board of the municipality of Greenwich
Township, for subdivision or site plan approval for the construction
of multi-family dwellings of three or more units, single-family developments
of 50 or more units or any commercial, institutional, or industrial
development for the utilization of 1,000 square feet or more of land,
must include a recycling plan. This plan must contain, at a minimum,
the following:
[Amended by Ord. No. 2014-02]
1.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
2.
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Engineer.
3.
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
b.
Prior to the issuance of a certificate of occupancy by the municipality
of Greenwich Township, the owner of any new multi-family housing or
commercial, institutional, or industrial development must supply a
copy of a duly executed contract with a hauling company for the purposes
of collection and recycling of source-separated recyclable materials,
in those instances where the municipality does not otherwise provide
this service.
[Ord. No. 2008-11]
a.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials. It is also unlawful for solid waste collectors
to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
b.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this section and the local sanitary
code.
c.
Once placed in the location identified by this section, or any rules
or regulations promulgated pursuant to this section, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
[Ord. No. 2008-11]
The municipal Board of Health, the Recycling Coordinator, the
Zoning Officer, the Building Inspector, the Housing Officer, or other
Code Enforcement Officer, the Police Department, and the Warren County
Department of Health are hereby individually and severally empowered
to enforce the provisions of this section. An inspection may consist
of sorting through containers and opening of solid waste bags to detect,
by sound or sight, the presence of any recyclable material.
[Ord. No. 2008-11]
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this section or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250 nor more than $1,000. Each
day for which a violation of this section occurs shall be considered
a separate offense.
Fines levied and collected pursuant to the provisions of this
section shall be immediately deposited into the Municipal Recycling
Trust Fund (or equivalent). Monies in the Municipal Recycling Trust
Fund shall be used for the expenses of the municipal recycling program
including enforcement and education.
[Ord. No. 2006-04 § I]
The purpose of this section is to establish requirements for
the proper handling of yard waste in the Township of Greenwich, so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 2006-04 § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved and may comprise pavement, shoulders, gutters, curbs, sidewalks,
parking areas, and other areas within the street lines.
Leaves and grass clippings.
[Ord. No. 2006-04 § III]
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Ord. No. 2006-04 § IV]
The provisions of this section shall be enforced by the Police
Department and municipal officials of the Township of Greenwich.
[Ord. No. 2006-04 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
[Ord. No. 1988-17 § 1]
In accordance with and pursuant to the authority of L. 1988,
c. 44 (C. 2C:357), the drug-free school zone map produced on or about
December 22, 1987 by Leo A. Santowasso, P.E., from Heritage Consulting
Engineers, Greenwich Township Engineer, is hereby approved and adopted
as an official finding and record of the location and areas within
the municipality of property which is used for school purposes and
owned by or leased to any elementary or secondary school or school
board, and of the areas on or within 1,000 feet of such school property.
[Ord. No. 1988-17 § 2]
The drug-free school zone map approved and adopted pursuant to Subsection 3-9.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
[Ord. No. 1988-17 § 3]
The school board, or the Chief Administrative Officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary school or school board and which is used for school
purposes.
[Ord. No. 1988-17 § 4]
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-9.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Warren County Prosecutor.
[Ord. No. 1988-17 § 5]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to Subsection 3-9.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that pursuant to state law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the municipality;
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.
That such school property is and continues to be used for school
purposes; and
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
b.
(Except as is otherwise expressly noted on the face of the approved
and adopted map,) all of the property depicted on the map approved
and adopted herein as school property was owned by a school or school
board and was being used for school purposes as of July 9, 1987, that
being the effective date of L. 1987, c. 101 (C.2C:35-7).
c.
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-9.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d.
All of the requirements set forth in L. 1988, c. 44 concerning the
preparation, approval and adoption of drug-free school zone map have
been complied with.
[Ord. No. 1998-10]
The annexed map prepared by the Township Engineer is hereby
approved as the official finding and record of the location and boundaries
of the area or areas on or within 500 feet of a public park or a public
building. Said map includes a list of public parks and buildings as
follows:
[Ord. No. 1998-10]
The original map approved and any revisions thereof shall be
filed with the Greenwich Township Clerk and shall be maintained as
an official record of the municipality.
[Ord. No. 1998-10]
The Township Clerk shall cause a certified copy of this section
containing such aforementioned map and any revisions thereof to be
sent to the Warren County Prosecutor's Office.
[Ord. No. 2006-06 § I]
The purpose of this section is to establish requirements to
control littering in the Township of Greenwich so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Ord. No. 1991-12; Ord. No. 2006-06 § II]
a.
Word usage. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
b.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
1.
2.
3.
4.
GARBAGE
LITTER
LITTER RECEPTACLE
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWNSHIP
VEHICLE
Definitions. As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings indicated:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter or literature
which:
Advertises for sale any merchandise, product, commodity or thing;
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales;
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit; but the terms of this definition
shall not apply where an admission fee is charged or a collection
is taken up for the purpose of defraying the expenses incident to
such meeting, theatrical performance, exhibition or event of any kind
when any of the same is held, given or takes place in connection with
the dissemination of information which is not restricted under the
ordinary rules of decency, good morals, public peace, safety and good
order, provided that nothing contained in this definition shall be
deemed to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition or event of any kind without a
license where such license is or may be required by any law of this
state or under any ordinance of this Township;
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Post Office
in accordance with federal statute or regulation and any newspaper
filed and recorded with any recording officer as provided by general
law and, in addition thereto, any periodical or current magazine regularly
published with not less than four issues per year and sold to the
public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" or "newspaper."
A park, reservation, playground, boardwalk, beach, recreation
center or any other public area in the Township owned or used by the
Township and devoted to active or passive recreation.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any dwelling, house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and includes any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house or building
or other structure.
Any and all streets, sidewalks, beaches, boardwalks, boulevards,
alleys or other public ways and any and all public parks, squares,
spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
The Township of Greenwich.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
[Ord. No. 1991-12; Ord. No. 2006-06 § III]
No person shall throw or deposit litter in or upon any street,
sidewalk, or other public place or upon any private property within
the Township without complying with the State Sanitary Code for landfills,
except in public receptacles, in authorized private receptacles for
collection or in official Township dumps.
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
[Ord. No. 1991-12]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
[Ord. No. 1991-12]
No person shall sweep into or deposit in any gutter, street
or other public place within the Township the accumulation of litter
or grass, leaves and yard clippings from any building or lot or from
any public or private sidewalk or driveway. Persons owning or occupying
property shall keep the sidewalk in front of their premises free of
litter, grass, leaves and yard clippings.
[Ord. No. 1991-12]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Township the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway. Persons owning or
occupying places of business within the Township shall keep the sidewalk
in front of their business premises free of litter.
[Ord. No. 1991-12; Ord. No. 2006-06 § III]
Whenever any litter is thrown or discarded or allowed to fall
from a vehicle or boat in violation of this section, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this section.
[Ord. No. 1991-12]
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place; nor shall any person
drive or move any vehicle or truck within the Township, the wheels
or tires of which carry into or deposit in any street, alley or other
public place mud, dirt, sticky substances, litter or foreign matter
of any kind.
[Ord. No. 1991-12]
No person shall throw or deposit litter in any park within the
Township except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere as provided herein.
[Ord. No. 1991-12]
No person shall throw or deposit litter in any fountain, pond,
lake, stream or any other body of water in a park or elsewhere within
the Township.
[Ord. No. 1991-12]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Township; nor shall any person hand out or distribute or sell
any commercial handbill in any public place; provided, however, that
it shall not be unlawful on any sidewalk, street or other public place
within the Township for any person to hand out or distribute, without
charge to the receiver thereof, any such handbill to any person willing
to accept it.
[Ord. No. 1991-12]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided; however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
[Ord. No. 1991-12]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon private premises which are temporarily or continuously
uninhabited or vacant.
[Ord. No. 1991-12]
No person shall throw or deposit or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to do so or if there is placed on said premises
in conspicuous position near the entrance thereof a sign bearing the
words: "No Trespassing," "No Peddlers or Agents," "No Advertisement"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
[Ord. No. 1991-12]
a.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises; provided,
however, that in case of inhabited private premises which are not
posted, as provided in this chapter, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises if such handbill
is so placed or deposited as to secure or prevent from being blown
or drifted about such premises or sidewalks, streets, or other public
places, and except that mailboxes may not be so used when so prohibited
by federal postal law or regulations.
b.
Exemption for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States nor
to newspapers (as defined herein), except that newspapers shall be
placed on private property in such a manner as to prevent their being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
[Ord. No. 1991-12]
No person in an aircraft shall throw out, drop or deposit within
the Township any litter, handbill or any other object.
[Ord. No. 1991-12]
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public to any
lamppost, public utility pole or shade tree or upon any public structure
or building, except as may be authorized or required by law.
[Ord. No. 1991-12]
No person shall throw or deposit litter on any occupied private
property within the Township, whether owned by such person or not,
except that the owner or person in control of private property may
maintain authorized private receptacles for collection in such a manner
that litter will be prevented from being carried or deposited by the
elements upon any street, sidewalk or other public place or upon any
private property.
[Ord. No. 1991-12]
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[Ord. No. 1991-12]
No person shall throw or deposit litter on any open or vacant
private property within the Township, whether owned by such person
or not.
[Ord. No. 1991-12]
a.
Notice to remove. The authorized agent of the Township Committee
is hereby authorized and empowered to notify the owner of any open
or vacant private property within the Township, or the agent of such
owner, to properly dispose of litter located on such owner's property
which is dangerous to public health, safety or welfare. Such notice
shall be by registered mail, addressed to said owner at his last known
address.
b.
Action upon noncompliance. Upon the failure, neglect or refusal of
any owner or agent so notified to properly dispose of litter dangerous
to the public health, safety or welfare within 10 days after receipt
of written notice provided for in paragraph a above or within 15 days
after the date of such notice in the event that the same is returned
to the post office because of its inability to make delivery thereof,
provided that the same was properly addressed to the last known address
of such owner or agent, the authorized agent of the Township Committee
is hereby authorized and empowered to pay for the disposing of such
litter or to order its disposal by the Township.
c.
Charge included in tax bill. When the Township has effected the removal
of such dangerous litter or has paid for its removal, the actual costs
thereof, plus accrued interest at the rate of 6% per annum from the
date of the completion of the work, if not paid by such owner prior
thereto, shall be charged to the owner of such property on the next
regular tax bill forwarded to such owner by the Township. Said charge
shall be due and payable by said owner at the time of payment of such
bill and shall be collected in the same manner as fixed by law for
the collection of taxes.
[Ord. No. 1991-12; Ord. No. 2000-7; Ord. No.
2006-06 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
[Ord. No. 2006-06 § IV]
This section shall be enforced by the Police Department and/or
other municipal officials of the Township of Greenwich.
[Ord. No. 2009-05 §§ 1-5]
a.
Any person who is arrested for a violation of N.J.S.A. 39:4-50 shall
be held in protective custody at an appropriate police or other facility
where the person's condition may be monitored until the person is
no longer a danger to himself or others. That person shall be released
from protective custody when that person is no longer a danger to
himself or others. A person is no longer a danger to himself or others
when the person's blood alcohol concentration is less than 0.5% and
the person is no longer under the influence of any intoxicating liquor
or narcotic or hallucinogenic or habit-forming drug to the extent
that the person's facilities are impaired. In no event shall the Township's
Police Department or other authorized facility hold a person for a
period of longer than eight hours without providing an appropriate
hearing.
b.
Notwithstanding the provisions of this section, provided that it
is not a detriment to the public safety, the arresting law enforcement
agency may, because of the age, health or safety of the arrested person,
release the person pursuant to the provisions of P.L. 2001, c.69,
N.J.S.A. 39:4-50.22 et seq., or provide an appropriate alternative
to protective custody. Neither the Township's Police Department nor
the other authorized facility shall be subject to liability if a person
is released from custody pursuant to the provisions of this section
under N.J.S.A. 40:48-1.3.
c.
Nothing in this section shall be construed as requiring the use of
State Police facilities by the Township of Greenwich for purposes
of this section under N.J.S.A. 40:48-1.3.
d.
All the provisions of N.J.S.A. 40:48-1.3 referenced above are hereby
incorporated into and are deemed to be a part hereof.
e.
For purposes of this section, the appropriate police or other facility
may be designated by the Township Police Department and the Township
governing body.
[Ord. No. 2010-15]
[Ord. No. 2010-15]
Outdoor fires are permitted within the Township of Greenwich,
but only with the following guidelines:
a.
No outdoor fire may be set on residential property within 15 feet
of any main or accessory structure on the property, including, but
not limited to, any dwelling, garage or shed.
b.
Outdoor fires utilized for cooking must be contained in a manufactured
metal grill or other similar manufactured device intended for such
use and must be utilized strictly in accordance with the manufacturer's
requirements.
c.
Outdoor fires utilized for any other recreational purposes must either
be contained in a manufactured device designed for such purpose and
utilized strictly in accordance with the manufacturer's requirements
or, alternatively, in a proper noncombustible stone, cement, brick,
tile or metal fire pit of no more than three feet in diameter, built
and intended for such purpose. Following the passage of this section,
no new fire pits may be constructed without the proper permits and
inspections. For all existing fire pits within the Township, should
the Fire Chief or his designee determine that a fire pit is unsafe,
he may order that said fire pit not be used until he or his designee
deems said fire pit safe. Challenges to such an order may be brought
before the Township of Greenwich Municipal Court within the time permitted
by law to appeal municipal actions.
d.
A fully functioning fire extinguisher or garden hose that is properly
connected to an unlimited water source must be available for fire
extinguishment purposes whenever any fire is ongoing.
e.
No garbage, rubber, plastics, yard waste, green wood, leaves, or
soft wood, such as pine and cedar, which cause excessive smoke, may
be burned outdoors at any time, as any smoke or odor from any outdoor
fire must be kept minimal.
f.
Flames may not exceed two feet at any time; and, should the prevailing
winds cause the smoke from said fire to blow into a neighboring dwelling
or property, said fire must be extinguished immediately. The Fire
Chief or his designee is authorized to require that any residential
outdoor fire be immediately extinguished if he determines that said
fire constitutes a hazardous condition. In addition, all members of
the Stewartsville Volunteer Fire Department and Greenwich Township
Police Department are authorized to require that any residential outdoor
fire be immediately extinguished if smoke emissions are found to be
offensive to occupants of surrounding properties.
g.
Residential outdoor fires must be attended at all times by a competent
adult owner or legal resident of the property from the time said fire
is commenced through the time said fire is completely extinguished.
h.
The Fire Chief may prohibit all outdoor fires within the Township
of Greenwich when weather conditions or other local circumstances
make such fires hazardous.
[Ord. No. 2010-15]
Each and every person failing to comply with any of the provisions in this section shall, upon conviction thereof, be punished as provided in § 3-1, Penalty, and the Municipal Judge before whom any such person may be brought may impose such punishment by fine or imprisonment in the county jail as he or she may see fit, not exceeding the maximum herein.
[Ord. No. 2011-06]
[Ord. No. 2011-06]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and to prohibit the spilling, dumping, leaking,
or otherwise discharging of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Township of Greenwich and/or the waters of the state so as
to protect public health, safety and welfare, and to prescribe penalties
for failure to comply.
[Ord. No. 2011-06]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein,
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Greenwich or other public body and is designed
and used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow-removal equipment.
The ocean and its estuaries, and all springs, streams and
bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2011-06]
a.
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
b.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Township of Greenwich.
[Ord. No. 2011-06]
Exceptions to the prohibition:
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, and
white goods placed curbside for pickup).
[Ord. No. 2011-06]
This section shall be enforced by the Police Department and/or
other municipal officials of the Township of Greenwich.
