Township of Denville, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Denville 6-25-2013 by Ord. No. 14-13 (Ch. 11A of the 1978 Revised General Ordinances). Amendments noted where applicable.]
It is the intent of this chapter to protect and preserve the general public health, safety and welfare of the citizens of the Township of Denville by the adoption of clear and specific property maintenance regulations governing the conditions and maintenance of all property, buildings and structures; providing the standards to ensure that structures are safe, sanitary and fit for occupancy and use; and for the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such existing structures in the Township of Denville. It is intended as a complement to the applicable building codes, ordinances and regulations that control construction and improvements to real property in the Township, rather than being a replacement of those ordinances. The Township respects the right of property owners to maintain and beautify their own property and it is not the intent of this chapter to bring hardship upon property owners or that the ordinance be enforced in such a manner as to be punitive for minor infractions of the ordinance. The Township is concerned, however, that properties are maintained to a minimum standard in order to enhance the quality of life in Denville.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The International Property Maintenance Code, most current edition, as published by the International Code Council, Inc. be and is hereby adopted as the Property Maintenance Code of the Township of Denville for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the International Property Maintenance Code, most current edition, are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 400-5.
The Code established and adopted by this chapter is described and commonly known as the "Property Maintenance Code of the Township of Denville."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
In accordance with N.J.S.A. 40:69A-181, copies of said International Property Maintenance Code, most current edition, have been placed on file in the Township Clerk's Office and the Construction Official's office upon the introduction of this chapter and will remain on file in said office for the use and examination by the public.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The International Property Maintenance Code, most current edition, is hereby amended and revised in the following respects:
A. 
Section 103, Administration and enforcement.
(1) 
Section 103.1, General, is amended to read as follows:
"This ordinance shall be enforced by the Construction Code Official of the Township of Denville hereinafter referred to as the code official for purposes of this ordinance."
(2) 
Section 103.2, Appointment, is deleted.
(3) 
Section 103.5, Fees, is deleted.
B. 
Section 111.0, Means of appeals.
(1) 
Section 111.2 is amended to read as follows:
"Membership of Board. The Board of Appeals shall consist of a minimum of three members, consisting of one member of the Municipal Council, the Mayor or his designee and one member of the public who is not an employee of the Township and is qualified by experience and training to pass on matters pertaining to property maintenance. The code official shall be an ex officio member but shall have no vote on any matter before the Board. The Council member and the public member of the Board shall be nominated by the Mayor and appointed with the advice and consent of the Municipal Council and shall serve for one year terms."
(2) 
Sections 111.2.1 through 111.2.4 are unchanged.
(3) 
Section 111.2.5 is deleted.
C. 
Section 112, Stop-work order.
Section 112.4, Failure to Comply, is amended to read as follows:
"Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition shall be liable to the penalties set forth in § 1-3 of this Code."
D. 
Section 202, General Definitions, is amended to delete the definition of "inoperable motor vehicle" and to add the following definition of "vacant":
"VACANT. Being without content and/or occupant."
E. 
Section 302, Exterior property areas.
(1) 
Section 302.4, Weeds. Eighteen inches is inserted in the third line.
(2) 
Section 302.8, Motor vehicles, is amended to read "Intentionally deleted."
F. 
Section 304, Exterior structure.
(1) 
Section 304.14, Insect screens. The dates of April 1 to November 15 are inserted in the second and third lines. This section shall not apply to owner occupied residential dwellings, which shall be added as an exception.
G. 
Section 305, Interior Structure. This entire section is amended to exclude owner-occupied residential dwellings.
H. 
Section 602, Heating facilities.
(1) 
Section 602.3, Heat supply. The dates of October 15 through April 15 are inserted in the fifth line.
(2) 
Section 602.4, Occupiable work spaces. The dates of October 15 through April 15 are inserted in the third line.
[Added 6-23-2015 by Ord. No. 15-15]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CREDITOR
Consistent with Section 3 of P.L. 2008, c. 86,[1] 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,[2] and any entity acting on behalf of the creditor named in the debt obligation, including but not limited to servicers.
VACANT AND ABANDONED RESIDENTIAL PROPERTY
Consistent with Section 1 of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73), residential real estate for which a notice of violation has been issued pursuant to § 400-6C of this chapter and Subsection b of Section 1 of P.L. 2014, c. 35.[3] Residential property shall further be deemed vacant and abandoned where a mortgaged property is not occupied by a mortgagor or tenant and at least two of the following conditions exist:
(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.
[1]
Editor's Note: See N.J.S.A. 46:10B-38.
[2]
Editor's Note: See N.J.S.A. 17:11C-51 et seq.
[3]
Editor's Note: See N.J.S.A. 40:48-2.12s.
B. 
Creditor responsibility. Pursuant to the provisions of P.L. 2014, c. 35, a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and abandoned, as defined in this chapter, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of this chapter, pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise.
C. 
Notice to creditor; time to correct violations. If the public officer designated by the Township, or other authorized municipal official, determines that a creditor obligated to care for, maintain, secure and upkeep a vacant and abandoned property has failed to do so in accordance with the provisions of this chapter, Chapter 500, Article II, Removal of Weeds, Grass and Brush; Chapter 311, Housing Standards; or Chapter 357, Nuisances, Public Health; of this Code, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of the receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is vacant and abandoned for purposes of N.J.S.A. 2A:50-73.
D. 
Designated representative of out-of-state creditor; violation. An out-of-state creditor shall include the full name and contact information of the in-state representative or agent of the creditor in the notice required to be provided to the Municipal Clerk pursuant to N.J.S.A. 46:10B-51a(1). An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500 for each day of the violation commencing on the day after the ten-day period as set forth in N.J.S.A. 46:10B-51a(1) with respect to notifying the Municipal Clerk that an action to foreclose on the property has been filed.
[Amended 6-23-2015 by Ord. No. 15-15]
A. 
The provisions of this chapter shall be enforceable by the Township Code Official or his designee.
B. 
Except as set forth in § 400-6D and herein, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of this Code. A creditor required to care for, maintain, secure and upkeep a property under this chapter cited in a notice issued pursuant to § 400-6C shall be subject to a fine of $1,500 for each day of the violation, commencing 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case the fine shall commence 11 days following the receipt of the notice.