[HISTORY: Adopted by the Borough Council of the Borough of
Hillsdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-6-2010 by Ord.
No. 10-06]
A certain document, three copies of which are on file in the office of the Borough Administrator of the Borough of Hillsdale, being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Hillsdale in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standard for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Hillsdale are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes prescribed in § 228-2 of this chapter.
The following sections are hereby revised:
A.
Section 101.1 is changed to read as follows:
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101.1 Title. These regulations shall be known as
the International Property Maintenance Code of the Borough of Hillsdale,
hereinafter referred to as "this code."
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B.
Section 103.5 is changed to read as follows:
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103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated and set forth in Chapter 138, Fees of the Code of the Borough of Hillsdale.
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C.
In Section 112.4, insert "not less than $500 nor more than $2,000."
D.
In Section 302.4, insert "four inches" as height maximum.
E.
In Section 304.14, insert "May 1 to September 30."
F.
In Section 602.3, insert "October 1 to May 1."
G.
In Section 602.4, insert "October 1 to May 1."
Ordinance No. 05-13 of the Borough of Hillsdale, entitled "An
Ordinance of the Borough of Hillsdale, County of Bergen, State of
New Jersey, Adopting International Property Maintenance Code 2003,"
and all other ordinances or parts of ordinances in conflict or inconsistent
herewith are hereby repealed to the extent of such conflicts or inconsistencies.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 228-3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Adopted 3-1-2016 by Ord.
No. 16-03]
A.
CREDITOR
— Consistent with Section 3 of P.L. 2008, c.86, a state-chartered
bank, savings bank, savings and loan association or any credit union,
any person required to be licensed under the provisions of the New
Jersey Residential Mortgage Lending Act, and any entity acting on
behalf of the Creditor named in the debt obligation, including but
not limited to, servicers.
B.
VACANT
AND ABANDONED RESIDENTIAL PROPERTY — Consistent with Section
1 of P.L. 2010, c.70 (C.2A:50-73), residential real estate for which
a notice of violation has been issued pursuant to § 159-10.3
of this chapter and Subsection b of section 1 of P.L. 2014, c.35.
Where a notice of violation has not been issued pursuant to § 159-10.3
of this chapter and Subsection b of Section 1 of P.L. 2014, c.35,
residential property shall be deemed vacant and abandoned where a
mortgaged property is not occupied by a mortgagor or tenant as evidenced
by a lease agreement entered into prior to the service of a notice
of intention to commence foreclosure according to Section 4 of the
Fair Foreclosure Act, P.L. 1995, c.244 and at least two of the following
conditions exist:
(1)
Overgrown
or neglected vegetation;
(2)
The
accumulation of newspapers, circulars, flyers or mail on the property;
(3)
Disconnected
gas, electric, or water utility services to the property;
(4)
The
accumulation of hazardous, noxious, or unhealthy substances or materials
on the property;
(5)
The
accumulation of junk, litter, trash or debris on the property;
(6)
The
absence of window treatments such as blinds, curtains or shutters;
(7)
The
absence of furnishings and personal items;
(8)
Statements
of neighbors, delivery persons, or government employees indicating
that the residence is vacant and abandoned;
(9)
Windows
or entrances to the property that are boarded up or closed off or
multiple window panes that are damaged, broken and unrepaired;
(10)
Doors
to the property that are smashed through, broken off, unhinged, or
continuously unlocked;
(11)
A
risk to the health, safety or welfare of the public, or any adjoining
or adjacent property owners, exists due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
(12)
An
uncorrected violation of a municipal building, housing, or similar
code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
(13)
The
mortgagee or other authorized party has secured or winterized the
property due to the property being deemed vacant and unprotected or
in danger of freezing;
(14)
A
written statement issued by any mortgagor expressing the clear intent
of all mortgagors to abandon the property; and
(15)
Any
other reasonable indicia of abandonment.
A.
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Borough shall be immediately
responsible for the care, maintenance, security, and upkeep of the
exterior of the property, after the property becomes vacant and abandoned
as defined in this chapter.
B.
Where a creditor is located out-of-state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsection A of this section. Notice of said representative or agent shall be provided to the Borough clerk in a manner that is consistent with Subsection a of Section 17 of P.L. 2008, c.127 (the Save New Jersey Homes Act of 2008), and shall further include the full name and contact information of the in-state representative or agent.
A.
Any public officer designated by the Borough or authorized municipal
official responsible for the administration of any property maintenance
or public nuisance code shall be authorized to issue a notice to a
creditor that has filed a summons and complaint in an action to foreclose
on a residential property within the Borough, if the public officer
determines that the creditor has violated this chapter by failing
to provide for the care, maintenance, security, and upkeep of the
exterior of the property. Where a creditor is an out-of-state creditor,
the notice shall be issued to the representative or agent that has
been identified by the creditor pursuant to the Save New Jersey Homes
Act of 2008.
A.
A creditor subject to this chapter that is found by the municipal
court of the Borough, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct a care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
this chapter shall be subject to a fine of $1,500 for each day of
the violation. Any fines imposed pursuant to this subsection shall
commence 31 days following the creditor's receipt of the notice,
except where the violation is deemed to present an imminent risk to
the public health and safety, in which case any fines shall commence
11 days following receipt of the notice.
B.
An out-of-state creditor subject to this chapter that is found by
the municipal court of the Borough, or by any other court of competent
jurisdiction, to be in violation of the requirement to appoint an
in-state representative or agent shall be subject to a fine of $2,500
for each day of the violation. Any fines imposed on an out-of-state
creditor for the failure to appoint an in-state representative or
agent shall commence on the day after the ten-day period set forth
in Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127
(C.46:10B-51) for providing notice to the municipal clerk that a summons
and complaint in an action to foreclose on a mortgage has been served.
C.
No less than 20% of any money collected by the Borough pursuant to
this section shall be utilized by the Borough for municipal code enforcement
purposes.
