[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."
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.
[Added 6-23-2015 by Ord.
No. 15-15; amended 9-6-2022 by Ord. No. 17-22]
The following terms, wherever used herein or referred to in
this code, shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context:
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this section, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property.
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
Any residential or commercial building which is not legally
occupied by an owner, a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied, and two or more of the conditions
exist:
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, 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.
[Amended 6-23-2015 by Ord. No. 15-15; 9-6-2022 by Ord. No. 17-22]
A.
Purpose. The purpose of this section is to create a Township property
registration program for the purposes of identifying and monitoring
vacant and abandoned residential and commercial properties within
the Township.
B.
Responsibilities. The Township property registration program shall
be responsible for regulating the care, maintenance, security, and
upkeep of the exterior of vacant and abandoned residential and commercial
properties on an annual or semiannual basis.
C.
Official. The Township Clerk shall be responsible for administration
of the Township property registration program.
[Added 9-6-2022 by Ord. No. 17-22]
A.
The responsible party for a vacant and abandoned property shall file
a certificate of registration with the Clerk of the Township within
90 days after the property becomes vacant and abandoned or within
30 days after the responsible party assumes ownership of or responsibility
for an already vacant and abandoned property, whichever is later.
B.
The certificate of registration shall be filed on forms prescribed
by the Clerk and shall contain:
(1)
The name, street address, and telephone number of a natural person
who resides or maintains an office within the state and who is either
the responsible party or an authorized agent designated by the responsible
party to receive notices and complaints of property maintenance and
code violations on behalf of the responsible party;
(2)
The name, street address, and telephone number of the person responsible
for maintaining the property, if different; and
(3)
Evidence of any liability insurance.
C.
A responsible party for a vacant and abandoned property shall file
an amended certificate of registration within 30 days after any change
in the information required to be included thereon.
D.
A certificate of registration shall remain valid for one year and
shall be renewed on an annual basis if the property remains vacant
and abandoned.
E.
An annual fee of $250 for a certificate of registration for a vacant
and abandoned property shall be paid to the Clerk.
F.
If there is an outstanding property maintenance or code violation
on a vacant and abandoned property that remains unabated at the time
of renewal, the responsible party shall pay an additional fee of $500.
G.
If there is an outstanding property maintenance or code violation
on a vacant and abandoned property that remains unabated at the time
of a subsequent renewal, the responsible party shall pay an additional
fee of $750.
[Added 9-6-2022 by Ord. No. 17-22]
A.
Forty-five days after the Township notifies the responsible party
that the property is vacant and abandoned and until the property is
reoccupied, the responsible party for a vacant and abandoned property
shall:
(1)
Enclose and secure the property against unauthorized entry;
(2)
Post a sign affixed to the inside of the property and visible to
the public indicating the name, address, and telephone number of the
responsible party, any authorized agent designated by the responsible
party for the purpose of receiving service of process, and the person
responsible for maintaining the property if different;
(3)
Acquire and otherwise maintain liability insurance by procuring a
vacancy policy covering any damage to any person or any property caused
by any physical condition of the property.
B.
This section shall not be construed to diminish any property maintenance
responsibilities of property owners who are not subject to the provisions
of this section.
[Added 9-6-2022 by Ord. No. 17-22]
A.
The creditor filing a summons and complaint in an action to foreclose
shall, in addition to the notice provided to the municipality pursuant
to N.J.S.A. 46:10B-51 register the residential or commercial property
with the Township's property registration program as a property
in foreclosure.
B.
Registration as a property in foreclosure. The creditor must provide
the municipality with:
(2)
The date the summons and complaint in an action to foreclose on a
mortgage was filed against the subject property, the court in which
it was filed, and the docket number of the filing; and
(3)
Identify whether the property is vacant and abandoned in accordance with the definition in § 400-6; and
(4)
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information; and
(5)
If there is any change in the property's status, update the
property registration with the Township's property registration
program to reflect the change; and
(6)
If the creditor is located out of state, the information of an in-state
representative or agent to act for the foreclosing creditor.
C.
The creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program.
E.
In the case of a violation for failure to provide care, maintenance,
security, and upkeep of the exterior of vacant and abandoned property,
such notice shall require the person or entity to correct the violation
within 30 days of receipt of the notice, or within 10 days of receipt
of the notice if the violation presents an imminent threat to public
health and safety.
F.
Fees.
(1)
The creditor will pay an annual registration fee of:
(a)
Five hundred dollars per property annually for any property
that is required to be registered because a summons and complaint
in an action to foreclose was filed by the creditor.
(b)
An additional $2,000 per property annually if the property is
vacant or abandoned when the summons and complaint in an action to
foreclose is filed, or becomes vacant and abandoned pursuant to the
definition in this chapter at any time thereafter while the property
is in foreclosure.
(2)
The registration fee shall be due on June 30.
G.
Any fines imposed pursuant to this section shall commence 31 days
following receipt of the notice of violation, except if the violation
presents an imminent risk to public health and safety, in which case
any fines shall commence 11 days following receipt of the notice.
H.
Penalties for out-of-state creditors. An out-of-state creditor who
fails to appoint an in-state representative or agent after the 10th
day of the period set forth in N.J.S.A. 46:10B-51 shall be subject
to a fine of $2,500 for each day of the violation.
I.
Twenty percent of any money collected pursuant to this section shall
be utilized by the municipality for code enforcement purposes.
[Added 9-6-2022 by Ord. No. 17-22]
A.
For the purposes of this section only, "creditor" means a 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, N.J.S.A. 17:11C-51 through
N.J.S.A. 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.
B.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on commercial property shall, within 10 days of serving
the summons and complaint, notify the Municipal Clerk and the Mayor
that a summons and complaint in an action to foreclose on a mortgage
has been filed against the subject property.
C.
The notice shall contain the full name, address, and telephone number
for the representative of the creditor who is responsible for receiving
complaints of property maintenance and code violations and the full
name and contact information for any person or entity retained by
the creditor or a representative of the creditor to be responsible
for any care, maintenance, security, or upkeep of the property.
D.
The notice may contain information about more than one property,
and shall be provided by mail and electronic mail communication.
E.
The Township Clerk shall forward a copy of the notice to the public
officer or shall otherwise provide it to any other local official
responsible for administration of any property maintenance or public
nuisance code.
F.
The notice shall also include the street address, lot, and block
number of the property.
G.
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to be provided in a notice pursuant
to this subsection following the filing of the summons and complaint,
the creditor shall provide a notice to the Township Clerk containing
the updated name, address, or telephone number within 10 days of the
change in that information.
H.
If the owner of a commercial property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a commercial
property becomes vacant at any point subsequent to the creditor's
filing the summons and complaint in an action to foreclose on a mortgage
against the subject property but prior to vesting of title in the
creditor or any other third party, and the exterior of the property
is found to be a nuisance or in violation of any applicable state
or local code, the Clerk shall notify the creditor or the representative
or agent.
I.
The Township shall include a description of the conditions that gave
rise to the violation with the notice of violation and shall provide
a period of not less than 30 days from the creditor's receipt
of the notice for the creditor to remedy the violation.
J.
If the creditor fails to remedy the violation within that time period,
the Township may impose penalties allowed for the violation of municipal
ordinances.
K.
If the Township expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to the provisions of Subsection H of this section but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100.
[Added 9-6-2022 by Ord. No. 17-22]
A.
A responsible
party that violates any provision of this chapter, or any ordinance
adopted pursuant hereto, shall be liable to a penalty of not less
than $500 and not more than $1,000, which penalty may continue to
be imposed and collected.
B.
Each day
that a violation continues shall constitute an additional, separate,
and distinct offense.
