Editor's Note: See Section 3-1, Litter Regulations and Section
3-5, Removal of Snow, Ice, Grass, Weeds and Litter from Sidewalks.
[1973 Code § 11-2.1; Ord. No. 28-2000 § 1; Ord. No. 03-2016 § 5; amended 12-19-2023 by Ord. No. 38-2023]
The "International Property Maintenance Code, 2024 Edition",
including Appendices A and B, published by the International Code
Council is hereby adopted by reference as the Property Maintenance
Code of the Borough of Roseland and in the State of New Jersey, for
the control of buildings and structures as therein provided; and each
and all of the regulations, provisions, penalties, conditions and
terms of said Property Maintenance Code are hereby referred to, adopted,
and made a part hereof, as is fully set out in this chapter.
[1973 Code § 11-2.2]
Three (3) copies of the code referred to in subsection 11-1.1 shall be placed on file in the Borough offices for the use and examination by the public.
[Ord. No. 01-2017 § 1;
amended 12-19-2023 by Ord. No. 38-2023]
The following words and terms shall have the meanings herein
indicated for the purposes of the "International Property Maintenance
Code, 2024 Edition:"
a.
Code Official shall be the Borough Code Enforcement Officer. In the
absence of a Code Enforcement Officer, the Code Official shall be
the Superintendent of Public Works of the Borough of Roseland or his/her
designee with the concurrence of the Borough Administrator.
[1973 Code § 11-2.3; Ord. No. 01-2017 § 2; amended 12-19-2023 by Ord. No. 38-2023]
The following sections of the "International Property Maintenance
Code, 2024 Edition" are hereby revised to read as follows:
a.
Reserved.
[1973 Code § 11-2.4; Ord. No. 01-2017 § 3; amended 12-19-2023 by Ord. No. 38-2023]
Nothing in this section or in the International Property Maintenance
Code, 2024 Edition hereby adopted shall be construed to affect any
suit or proceeding impending in any court or any rights acquitted,
or liability incurred or any cause or causes of action required or
existing, under any act or ordinance hereby repealed, nor shall any
just or legal right or remedy of any character be lost, impaired or
affected by this section.
[Ord. No. 12-2006 § 1; Ord. No. 6-2015 § 1; Ord. No. 01-2017 § 4; amended 12-19-2023 by Ord. No.
38-2023]
The provisions of this chapter regarding property maintenance
shall apply to any abandoned buildings. In addition, to all other
provisions of this chapter, the following requirements shall apply
to abandoned buildings in the Borough of Roseland:
a.
The boarding up of doors and windows shall not be permitted except
with the permission of either the Construction Code Official, the
Property Maintenance Official, the Fire Official or the Building Subcode
Official of the Borough of Roseland in exercise of the authority granted
to such officials under the Revised General Ordinances of the Borough
and applicable law. Any boarding of property must be done in a professional
workmanlike manner. In no case shall boarding up of doors and windows
be permitted in excess of six months, provided that the Borough Official
who approved the boarding of the doors and/or windows as described
in this paragraph may grant one additional six-month extension. All
vacant structures shall be properly maintained and thoroughly secured
so as to prevent unauthorized access and vandalism.
b.
Exterior, Maintenance of Property Other Than Multiple Dwellings.
All structures and premises in the Borough of Roseland shall be kept
free of all of the following conditions:
1.
Dead and dying trees, limbs or other natural growths which by reason
of rotting, deteriorating conditions, storm damage or weathering constitute
a hazard to persons in the vicinity thereof. Trees shall be kept pruned
and trimmed to prevent such conditions.
2.
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.
c.
There shall not be stored or used, at a location visible from the sidewalk, streets or other public areas, equipment and materials relating to commercial or industrial uses, including, inter alia, commercial vehicles, snow plows and snow blowers, unless permitted under Chapter 30, Land Development, of the Borough Code for the particular premises.
d.
All brush, shrubs, grass and trees shall be maintained so as not
to obstruct public access to specific sidewalks and roadways. Brush,
shrubs and trees shall be kept trimmed so that they do not cross the
line of the sidewalk from the ground to a height of seven feet. Poison
ivy, poison sumac, poison oak and similar noxious vegetation shall
be removed from the vicinity of any public sidewalk or roadway. Lawn
grass shall be trimmed and maintained so that it does not exceed a
height of 10 inches from the ground.
e.
Receptacles for garbage and recyclables shall be stored out of the
sight of the public. Occupants of corner lots shall store garbage
and recyclables in the back yard. They may be stored in the garage
and placed at the curb of Township roadways not earlier than the evening
of the day before the regularly scheduled pickup.
f.
Adequate runoff drains shall be provided and maintained to eliminate
any recurrent or excessive accumulations of stormwater.
[Added 12-19-2023 by Ord. No. 38-2023]
[Added 12-19-2023 by Ord. No. 38-2023]
Editor's Note: The Property Maintenance Code of the Borough
of Roseland may be found in the Borough offices.
[Amended in its entirety 12-19-2023 by Ord. No. 38-2023. History includes Ord. No. 6-2015.]
[Added 12-19-2023 by Ord. No. 38-2023]
This section shall be known hereinafter as "Registration and
Maintenance of Abandoned, Vacant, and/or Foreclosing Property." This
section is intended to protect and preserve the public health, safety
and welfare and security and quiet enjoyment of residents and neighborhoods
by (1) requiring all residential property owners, including lenders,
trustees and service companies, to properly maintain abandoned, vacant,
and/or foreclosing properties; (2) regulating the maintenance of abandoned,
vacant, and/or foreclosing properties in order to prevent blighted
and unsecured residences; and (3) establishing a registry to identify
and track abandoned, vacant, and/or foreclosing properties. In addition
to any other remedies in law or equity not set forth herein, enforcement
authority shall be vested in the Borough Code Enforcement Department;
provided, however, that the Planning and Zoning Department, the Building
Department, the Department of Public Works, and the Health Department,
or such other department as designated by the Borough Administrator,
shall also have enforcement authority under this section.
[Added 12-19-2023 by Ord. No. 38-2023]
The Borough of Roseland hereby grants to itself all such powers
granted to municipalities by the State of New Jersey for the rehabilitation
of abandoned properties. Such powers are set forth, inter alia, in
the "Abandoned Properties Rehabilitation Act" (N.J.S.A. 55:19-78 et
seq.) and in applicable portions of the "New Jersey Urban Development
Corporation Act" (N.J.S.A. 55:19-1 through -77). These State statutory
powers are collectively referred to herein as the "enabling statutes."
[Added 12-19-2023 by Ord. No. 38-2023]
As used in this section, the following terms shall have the
meanings indicated:
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
Any property that has not been legally occupied for a period
of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by the Borough Code Enforcement Officer that:
The property is in need of rehabilitation and no rehabilitation
has taken place during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving it unsuitable for occupancy, and no construction
has taken place for at least six months as of the date of a determination
by the Code Enforcement Officer pursuant to this section;
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with N.J.S.A. 54:4-1 et
seq., as of the date of a determination made by the Code Enforcement
Officer pursuant to this section; or
The property has been determined by the Code Enforcement Officer
to be a nuisance in accordance with N.J.S.A. 55:19-82.
A property which contains both residential and nonresidential
space may be considered abandoned so long as 2/3 or more of the total
net square footage of the property 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 made by the Code Enforcement Officer and the property
meets the criteria of this section.
Person the owner designates to receive any and all notices
of code violations concerning the abandoned, vacant, and/or foreclosing
property and all service of process in any court proceeding or administrative
enforcement proceeding brought to enforce code provisions concerning
the registered property. Any owner who has designated an authorized
agent shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner notifies
the Borough Clerk in writing of a change of authorized agent or until
the owner files a new annual registration statement.
A state-chartered bank, savings bank, savings and loan association
or credit union, person or entity required to be licensed under the
provisions of the New Jersey Residential Mortgage Lending Act, any
foreclosing entity subject to N.J.S.A. 46:10B-51, and any entity acting
on behalf of the creditor named in the debt obligation.
Consecutive calendar days.
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt, referred to in the mortgage.
The primary enforcement authority shall be the Code Enforcement
Officer; provided, however, that the Planning and Zoning Department,
the Building Department, the Department of Public Works, and the Health
Department, or such other Department as designated by the Borough
Administrator, shall also have enforcement authority under this section.
The process by which property is placed as security for a
real estate loan to satisfy the debt if the borrower defaults.
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. This definition shall include, but is not limited to,
a complaint and summons filed with respect to foreclosure on a mortgage,
a lis pendens filed against it by the lender holding a mortgage on
the property, a deed-in-lieu of foreclosure, sale to the mortgagee
or lien holder, certificate of title and all other processes, activities
and actions, by whatever name, associated with the described process.
The legal process is not concluded until the property obtained by
the mortgagee, lien holder, or their designee, by certificate of title,
or any other means, is sold to a nonrelated bona fide purchaser in
an arm's length transaction to satisfy the debt or lien.
Any of the following actions taken by the mortgagee against
the borrower of a property:
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and any agent, servant or employee
of the mortgagee, or any successor in interest and assignee of the
mortgagee's rights, interests or obligations under the mortgage
agreement.
Every person, entity, service company, property manager or
real estate agency, who alone or with others:
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise;
Has care, charge, or control of any dwelling, dwelling unit
or parcel of land, vacant or otherwise, in any capacity, including
but not limited to an agent, executor, executrix, administrator, administratrix,
trustee or guardian, trustee or guardian of the estate of the holder
of legal title;
Is a mortgagee who has filed a notice of intent to foreclose
or has filed a foreclosure complaint;
Is an agent, trustee, or other person appointed by the courts
and vested with possession or control of any such property;
Is an officer or trustee of the association of unit owners of
a condominium. Each such person is bound to comply as if he were the
owner. However, this section shall not apply to any condominium association
or co-op that forecloses or initiates the foreclosure process for
unpaid assessments due or owing the association;
Operates a boarding house; or
Is a trustee who holds, owns, or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
Any real estate, residential property, or portion thereof,
located within the Borough of Roseland, including buildings or structures
situated on the property. For purposes of this section only, property
does not include property owned or subject to the control of the Borough
of Roseland, or any of its governmental bodies, or agencies.
Any in-state party designated by the owner or mortgagee as
responsible for inspecting, maintaining, and securing the property
as required in this chapter. The in-state property manager shall be
capable of receiving notices issued for violations of Borough codes
or summons to appear in court, unless a different in-state individual
has been identified for that purpose.
A web-based electronic database of searchable real property
records, used by the Borough to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
section.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Taking measures that assist in making the property inaccessible
to unauthorized persons.
Any property used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months, and
which exhibits evidence of vacancy such that a reasonable person would
believe that the property has been vacant for three or more months.
Such evidence would include, but is not limited to, evidence of the
existence of overgrown or dead vegetation; accumulation of newspapers,
circulars, flyers or mail; past-due utility notices or disconnected
utilities; accumulation of trash, junk or debris; the absence of window
coverings such as curtains, blinds or shutters; the absence of furnishings
or personal items consistent with residential habitation; statements
by neighbors, delivery agents, or government employees that the property
is vacant; infestation by insects, vermin, rats or other pests; windows
or entrances that are boarded up or closed off; multiple window panes
that are damaged, broken or unrepaired; doors that are smashed, broken,
unhinged or continuously unlocked; or any uncorrected violation of
a municipal building, housing or similar code during the preceding
year.
[Added 12-19-2023 by Ord. No. 38-2023]
The Code Enforcement Officer shall serve as the Public Officer,
as defined in N.J.S.A. 55:19-80. The Public Officer is responsible
for executing the provisions of this chapter for the rehabilitation
of abandoned property. The Public Officer is hereby directed to identify
abandoned properties within the municipality, place said properties
on an abandoned property list established as provided in Section 36
of P.L. 1996, c.62 (N.J.S.A. 55:19-55), as amended by Section 28 of
P.L. 2003, c.210, and provide such notices and carry out such other
tasks as are required to effectuate an abandoned property list as
provided by law. The Public Officer's designation is limited
by the provisions of N.J.S.A. 55:19-83.
[Added 12-19-2023 by Ord. No. 38-2023]
The Public Officer, or its designee, shall enforce this section
and shall establish an abandoned property list pursuant to N.J.S.A.
55:19-55. An interested party (as that term is defined in N.J.S.A.
55:19-105a) may request that the Public Officer include a property
on the abandoned property list pursuant to N.J.S.A. 55:19-105. The
abandoned property list shall apply to the Borough of Roseland as
a whole as set forth below: The Public Officer shall provide a report
to the Mayor and Governing Body every six months with respect to the
number and location of properties on the abandoned property list;
the status of those properties; and any actions taken by the municipality
or by any qualified rehabilitation entity designated pursuant to the
authority granted the Public Officer with respect to any property
on the list or any other abandoned property within the Borough of
Roseland.
[Added 12-19-2023 by Ord. No. 38-2023]
Pursuant to the provisions of § 11-2.3, the Borough, or its designee, shall establish a registry cataloging each registrable property within the Borough, containing the information required by this chapter.
[Added 12-19-2023 by Ord.
No. 38-2023]
a.
All owners of vacant and/or abandoned property must file a registration
statement with the Borough Clerk for each such property within 30
days after it becomes vacant and/or abandoned or within 30 days after
assuming ownership of the vacant and/or abandoned property, whichever
is later. Forms for such purposes shall be provided at the Borough
Clerk's office. Such forms must state:
1.
The name, street address, email address, and telephone number of
a natural person who resides or maintains an office within the state
and who is either the owner or an authorized agent of the property;
2.
The name, street address, email address, and telephone number of
the person responsible for maintaining the property, if different;
4.
Whether the property was inspected by the Borough; and
5.
Whether the property is vacant and/or abandoned at the time of filing.
b.
If the enforcement authority determines that the property is vacant
and/or abandoned, and foreclosure proceedings have not been initiated,
the registration statement must be received within 14 days of the
enforcement authority's first notice of code violations or summons
for improper maintenance. Failure to receive notice from the Borough
of Roseland shall not constitute grounds for failing to register the
vacant and/or abandoned property. If foreclosure proceedings have
been initiated, then the registration statement must be received within
seven days of initiation of the foreclosure proceedings.
c.
All registrations are valid for one year from the date of registration.
The owner shall be required to renew the registration annually as
long as the property remains vacant and/or abandoned and shall pay
a registration or renewal fee in the amount prescribed herein for
each property registered.
d.
The initial registration fee shall be $500 and must accompany the
registration statement. Subsequent annual registration fees shall
be $1,000 for the first renewal, $2,000 for the second renewal, and
$3,000 for all subsequent renewals.
e.
Each vacant and/or abandoned property having a separate block and
lot number as designated in the official tax maps for the Borough
of Roseland shall be registered separately.
f.
Once the property is no longer vacant and/or abandoned, or is sold
or otherwise transferred, the owner must provide proof of sale, transfer
or occupancy to the enforcement authority within 30 days of the sale,
transfer or occupancy in order to remove the property from the registry.
[Added 12-19-2023 by Ord. No. 38-2023]
a.
Any mortgagee who holds a mortgage on real property located within
the Borough shall perform an inspection of the property upon default
by the mortgagor as evidenced by the filing of a foreclosure action.
b.
Property inspected pursuant to paragraph a above that remains in
foreclosure, shall be inspected every 30 days by the mortgagee or
mortgagee's designee. If an inspection shows a change in the
property's occupancy status the mortgagee shall, within 10 days
of that inspection, update the occupancy status of the property registration.
c.
Within 10 days of the date any mortgagee files a foreclosure action,
the mortgagee shall register the real property with the Borough registry,
and, at the time of registration, indicate whether the property is
vacant, and if so, shall designate in writing a property manager to
inspect, maintain and secure the real property subject to the mortgage
under a foreclosure action. A separate registration is required for
each property under a foreclosure action, regardless of whether is
occupied or vacant.
d.
Initial registration pursuant to this section shall contain at a
minimum the name of the mortgagee, the mailing address of the mortgagee,
e-mail address, telephone number and name of the in-state property
manager and said person's address, e-mail address, and telephone
number. The said person's address shall not be limited to a post
office box, but shall specify a physical location where such In-state
property manager may be found during normal business hours.
e.
If the mortgagee is located outside of New Jersey, it must provide
the full name, mailing address, and direct-dial telephone number of
an in-state representative or agent for the mortgagee.
f.
The initial registration fee shall be $500 and must accompany the
registration statement. Subsequent annual registration fees shall
be $1,000 for the first renewal, $2,000 for the second renewal, and
$3,000 for all subsequent renewals. Said fees shall be used to offset
the costs of: (1) registration and registration enforcement, (2) code
enforcement and mitigation related to defaulted properties, (3) post-closing
counseling and foreclosure intervention limited to owner-occupied
persons in default, which may not include cash and mortgage modification
assistance, and (4) for any related purposes as may be adopted in
the policy set forth in this chapter. Said fees shall be deposited
to a special account in the Borough's department dedicated to
the cost of implementation and enforcement of this chapter and fulfilling
the purpose and intent of this chapter. None of the funds provided
for in this section shall be utilized for the legal defense of foreclosure
actions.
g.
If the mortgage and/or servicing on a registrable property pursuant
to this section is sold or transferred, the new mortgagee is subject
to all the terms of this section. Within 10 days of the transfer,
the new mortgagee 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 that mortgagee's involvement with the
registrable property.
h.
If the mortgagee 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 section. 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 mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that mortgagee's involvement with the foreclosure property.
i.
If the foreclosure property is not registered, or the registration
fee is not paid within 30 days of when the registration 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, the property is not registered and shall be due and
payable with the registration. This section shall apply to the initial
registration and registrations required by subsequent transferees,
owners and mortgagees of the foreclosure property.
j.
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
k.
Properties subject to this section shall remain subject to the annual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property remains a registrable
property.
l.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change of circumstances
as required by this section is a violation of this section and shall
be subject to enforcement by any of the enforcement means available
to the Borough.
m.
If any property is in violation of this section, the Borough may
take the necessary action to ensure compliance with and/or place a
lien on the property for the cost of the outstanding obligation and
any additional cost incurred to the property into compliance.
n.
Properties registered as a result of this section are not required
to be registered again pursuant to the real property that is not subject
to a mortgage in foreclosure section.
o.
Registration of foreclosure property does not alleviate the mortgagee
and/or property owner from obtaining all required licenses, permits
and inspections required by applicable code or state statutes. Acquisition
of required licenses, permits, and inspections or registration of
rental property does not alleviate the requirement for the property
to be registered under this section. Mortgagee and/or property owner
is expected to update the status of the property in the event of a
mortgagee managed rental.
[Added 12-19-2023 by Ord. No. 38-2023]
a.
The owner and any individual or property management company responsible
for maintenance of the property that has become vacant and/or abandoned
and/or is in a state of foreclosure shall, within 45 days of the property
becoming vacant, abandoned, or the filing of a foreclosure action,
or 30 days of the owner taking title to the property:
1.
Post a sign affixed to the interior of the property and visible to
the public indicating the name, address, and telephone number of the
owner, authorized agent, and the party responsible for maintenance
of the property. The sign shall be of a size and placed in such a
location so as to be legible from the nearest public street or sidewalk,
whichever is nearer, but shall be no smaller than 8 1/2 inches
by 11 inches in dimension. If the property is set back from the street,
the sign may be posted on a well-secured post or stake in the front
yard of the property.
2.
Enclose and secure the property against unauthorized entry as provided
in the applicable provisions of the Code for the Borough of Roseland
and maintain the sign above until the property is again legally occupied
or demolished, or until repair or rehabilitation of the property is
complete.
3.
Make provisions for the:
(a)
Maintenance of the lawn and yard, including regular grass cutting
as required by the applicable provisions of the Code of the Borough
of Roseland;
(b)
Maintenance of the fences, sidewalks, walks and driveway and
ensure that same are kept free from trash and debris;
(c)
Cessation of delivery of mail, newspapers and circulars to the
property, including having the property listed on any then-existing
exclusion list maintained by the Borough of Roseland for the delivery
of circulars and advertisements to the property;
(d)
Winterization of the property by the cessation of water service
to the property and the draining of water lines;
(e)
Cessation of electric or gas utility services to the property;
and
(f)
Regular maintenance of the exterior of the property.
b.
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Borough of Roseland shall be
immediately responsible for maintenance, security and upkeep of the
exterior of the vacant and/or abandoned property.
c.
Adherence to this section does not relieve the owner of any other
obligations set forth in the Code of the Borough, or of any covenants
or restrictions, or homeowners' association rules and regulations.
d.
This section shall not be construed to diminish any property maintenance
responsibilities of property owners who are not subject to the provisions
of the section.
[Added 12-19-2023 by Ord. No. 38-2023]
The owner of any vacant and/or abandoned property shall acquire
or otherwise maintain liability insurance, in an amount of not less
than $300,000, for properties designed primarily for one- to four-unit
residential use and not less than $1,000,000 for any other property,
including, but not limited to, buildings designed for multifamily,
manufacturing, storage, or commercial uses, covering any damage to
any person or property caused by any physical condition of the property.
Any insurance policy acquired or renewed after the property has become
vacant and/or abandoned shall provide for written notice to the Borough
Clerk within 30 days of any lapse, cancellation, or change in coverage.
The owner shall attach evidence of the insurance to the registration
statement. Any registration statement submitted that does not include
such evidence shall not be deemed to be a valid registration.
[Added 12-19-2023 by Ord. No. 38-2023]
The owner of a property on the abandoned property list has such
rights designated to said owner by the enabling statutes. Such powers
include but are not limited to:
[Added 12-19-2023 by Ord. No. 38-2023]
The enforcement authority shall have the duty and responsibility
to inspect properties subject to this chapter for compliance and to
issue summonses for any violations.
[Added 12-19-2023 by Ord. No. 38-2023]
a.
Failure to file a registration statement within the time periods
set forth herein is punishable by a fine of up to $1,000. If applicable,
failure to correctly identify the name of the owner (or authorized
agent) and the individual or property management company responsible
for maintenance of the property is punishable by a fine of up to $1,000.
b.
Any person who violates any provision of this section shall be subject
to a fine of not less than $500 and not more than $2,000 for each
offense. Each day that a violation continues shall constitute a separate
and distinct offense. Any fines imposed shall commence 30 days following
receipt of notice of code violations or a summons for improper maintenance,
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.
c.
Nothing contained herein shall prevent the Borough of Roseland from
taking all such action it deems necessary to clean up and maintain
the property on an as-needed basis when the property is found to be
unsafe or unfit for human habitation. The Borough of Roseland may
impose a lien against the property for costs associated with such
cleanup and maintenance. Any such actions taken under this provision
shall not relieve the owner from its obligations.
d.
The enforcement authority shall be authorized to issue a notice to
the creditor if it is determined that the creditor has failed to provide
for the maintenance of the exterior of the abandoned, vacant, and/or
foreclosing property. The notice shall require the creditor to correct
the violation(s) 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. A creditor that is found to be
in violation of the maintenance requirements shall be subject to a
fine not exceeding $2,000. Any fines imposed on a creditor shall commence
11 days following receipt of notice from the Borough of Roseland.
e.
Any fine or cost associated with cleaning up the property that remains
uncollected or unpaid shall, by resolution of the Borough Council,
become a lien upon the property, which lien shall hereafter form part
of the taxes next to be assessed and levied upon said property, the
same to bear interest at the same rate as taxes to be collected and
enforced by the same officers and in the same manner as taxes in accordance
with the provisions of N.J.S.A. 40:48-2.14.
[Added 12-19-2023 by Ord. No. 38-2023]
The Borough of Roseland has such powers and rights regarding
abandoned properties as set forth in the enabling statutes. Such powers
include but are not limited to:
a.
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
b.
Special tax sales, pursuant to N.J.S.A. 55:19-101;
c.
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
d.
Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100;
e.
Possession and control of property, pursuant to N.J.S.A. 55:19-84
to 55:19-92 et seq.;
f.
Rehabilitation and reuse of property, while in possession and control,
pursuant to N.J.S.A. 55:19-90;
g.
Borrowing money and making applications for rehabilitation of property,
while in possession and control, pursuant to N.J.S.A. 55:19-91;
h.
Sale of property, pursuant to N.J.S.A. 55:19-96;
i.
Purchase of property, pursuant to N.J.S.A. 55:19-96;
j.
Recover rehabilitation costs by lien on property, pursuant to N.J.S.A.
5519-98;
k.
Clearance, development, redevelopment or repair of property through
power of eminent domain, pursuant to N.J.S.A. 55:19-56, 55:19-102.
[Added 12-19-2023 by Ord. No. 38-2023]
Electric and natural gas utilities are granted such rights to
abandoned properties as are set forth in N.J.S.A. 55:19-106.
[Added 12-19-2023 by Ord. No. 38-2023]
All references in this section to State statutes include reference
to all amendments thereto. References to particular sections of the
enabling statutes are for ease of reference, but may not be exhaustive
and are not meant to be exclusive of other applicable statutory provisions
contained in the enabling statutes or elsewhere in the New Jersey
statutes.
[Prior § 11-3 Rodent and Rat Extermination was
repealed 12-19-2023 by Ord. No. 38-2023. History includes 1973 Code § 11-3; Ord. No. 6-2015.]
[Added 12-19-2023 by Ord. No. 38-2023]
[Added 12-19-2023 by Ord. No. 38-2023]
The following words and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this section. The term does not necessarily mean
a licensed real estate broker or salesperson of the State of New Jersey
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesperson of the State
of New Jersey if such person is designated by the owner as the owner's
agent.
Any room or rooms or suite or apartment thereof, whether
furnished or unfurnished, which is occupied or intended, arranged,
or designated to be occupied for sleeping and dwelling purposes by
one or more persons, including but not limited to the owner thereof
or any of his servants, agents or employees, and shall include all
privileges, services, furnishings, furniture, equipment, facilities
and improvements connected with the use or occupancy thereof, and
which shall include a single-family detached residence designed for
use by one family or household unit for living and sleeping purposes.
An individual or two or more persons related by blood, marriage
or law, living together in a dwelling unit. Servants having common
housekeeping facilities with a family consisting of an individual
or two or more persons related by blood, marriage or law are a part
of the family for this chapter.
The legal entity listed upon the title as it appears in the
public records after the deed is properly recorded.
Includes the leasing, rental or other granting of occupancy
for any period of time where title to the residential unit is not
transferred to the actual occupant at the time such occupancy commences.
Any person residing, living or sleeping in or on the premises
or having actual possession or use of the premises or any part thereof,
whether or not the owner thereof and regardless of the duration of
time of such possession or use.
Any person or group of persons, firm, corporation or officer
thereof, partnership, association, or trust which owns, operates,
exercises control over or is in charge of a rental facility.
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
A lot, plot or parcel of land, including the buildings or
structures thereon.
An apartment or dwelling unit occupied by any person or persons
other than the owner, regardless of whether there is a written or
oral agreement and regardless of whether the owner receives consideration
for occupancy, and regardless of whether there is a written lease,
sublease or oral understanding.
Every building, group of buildings or a portion thereof which
is kept, used, maintained, advertised, or held out to be a place where
living accommodations are supplied, whether furnished or unfurnished,
for pay or other consideration, to one or more individuals and is
meant to include apartments and apartment complexes.
Anything that is built or constructed and affixed on or under
the ground or upon another structure or building.
[Added 12-19-2023 by Ord. No. 38-2023]
a.
Registration required. No person(s), corporation or business entity
shall offer any residential property for rent, lease or let any residential
property to any person(s) without first filing a Landlord Registration
Form with the Borough. The Landlord Registration Form may be obtained
from the Code Enforcement Official or his designee during normal business
hours. Registration shall not be required for individual units contained
within an entire structure containing three or more units that are
owned by one person or party and where none of the individual units
is a stand-alone parcel as defined by having a unique lot identifier
on the tax rolls of the Borough of Roseland.
b.
The initial registration shall occur within 30 days following the final adoption of this chapter. The initial term for the landlord registration shall be for a term not to exceed 15 months, or December 31, 2024. Thereafter, the landlord registration shall be renewed annually and amended, as necessary, within 20 days of each change of ownership or occupancy of any rental unit. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this section. The landlord registration shall not include approval for the use and occupancy of a rental unit. Consistent with Chapter 10, a Certificate of Continued Occupancy inspection is required for each unit. Such Landlord Registration Form, or Renewal Form, shall be submitted within five business days of the application for a Certificate of Continued Occupancy (CCO), certifying that the building and premises are in compliance with all ordinances of the Borough of Roseland, which shall be obtained from the Code Enforcement Official or the appropriate official as designated by the governing body of the Borough of Roseland.
[Added 12-19-2023 by Ord. No. 38-2023]
a.
The owner of every rental property, with the exception of owner-occupied
properties in the Borough of Roseland shall file a Landlord Registration
Form with the Code Enforcement Official or his designee. The Code
Enforcement Official or his designee shall provide a copy of same
to the Chief of Police/Director of Public Safety, Borough Clerk and
Fire Chief. When providing a copy of same to any other person or entity
requesting same, the Borough Clerk, Code Enforcement Office and Fire
and Police Departments shall redact the names and addresses of the
tenants.
b.
The landlord registration form shall be filed on an annual basis
on or before the 31st of January of each year.
c.
Without in any way intending to infringe upon the requirements of
N.J.S.A. 46:8-28, all rental units shall be registered as provided
herein. Every owner shall file with the Code Enforcement Official,
or his designee, a Landlord Registration Form, for each residential
unit contained within a single-family or two-family building or structure,
which shall include the following information:
1.
The name, address and telephone number of the owner or owners of
the premises and the record owner or owners of the rental business,
if not the same person(s). In the case of a partnership, the names
and addresses of all general partners shall be provided, together
with the telephone numbers for each individual partner, indicating
where such individual may be reached both during the day and evening
hours. If the record owner is a corporation, the name and address
of the registered agent and corporate officers of said corporation
shall be provided, together with the telephone number for each such
individual, indicating where such individual may be reached both during
day and evening hours. If the record owner is an LLC, the name and
address of the managing member(s) shall be provided, for each such
member, indicating where such member (or its principal officers if
a corporation) may be reached both during day and evening hours. All
registration addresses shall be physical addresses; post office boxes
are insufficient.
2.
If the address of the owner of record is not located in the County
of Essex, the name, address and telephone number of a person who resides
in the County of Essex and who is authorized to accept notices from
a tenant and to issue receipts therefor and to accept service of process
on behalf of the owner of record.
3.
The name and address of the managing agent of the premises, if any,
and the telephone number where such individual may be reached both
during day and evening hours.
4.
The name and address of the superintendent, janitor, custodian or
other individual employed by the owner of record or managing agent
to provide regular maintenance service, if any, and telephone number
where such individual may be reached both during day and evening hours.
5.
The name, address, telephone number, and cellular telephone number
of at least one individual representative of the owner of record or
managing agent who may be reached or contacted at any time in the
event of an emergency affecting the premises or any unit of dwelling
space therein, including such emergencies as the failure of any essential
service or system, and who has the authority to make emergency decisions
concerning the building and any repair thereto or expenditure in connection
therewith and shall, at all times, have access to a current list of
building tenants that shall be made available to emergency personnel
as required in the event of an emergency.
6.
The names and addresses of all holders of recorded mortgages on the
property.
7.
The owner shall be obligated to supply the required fuel type or
energy utilized by the heating system and maintain said heating system
in good operating condition so that it can supply heat as required,
notwithstanding any contractual provision seeking to delegate or shift
responsibility to the occupant or third person, except that the owner
shall not be required to supply fuel or energy for heating purposes
to any unit where the occupant thereof agrees in writing to supply
heat to his own unit of dwelling space and the said unit is served
by its own exclusive heating equipment for which the source of heat
can be separately computed and billed.
8.
For each such rental unit the landlord shall provide:
(a)
A description by number or letter and floor of each such rental
unit.
(b)
The name of each and every tenant in each unit, including children.
The information contained in the Landlord Registration Form must set
forth information for each unit within the rental property and must
include all tenants in each unit.
(c)
A certification as to who is paying the property taxes and water/sewerage
charges.
(d)
The information may be provided by attaching the landlord registration
statement mandated by N.J.S.A. 46:8-28 certifying that the information
contained therein remains true and accurate or, in the event of any
change, amend said registration accordingly.
(e)
A copy of the completed Federal Lead Based Paint Disclosure
Form, if applicable.
(f)
Such other information as may be prescribed by the Borough on
the appropriate landlord registration form or otherwise by ordinance
or resolution.
[Added 12-19-2023 by Ord. No. 38-2023]
Every person required to file a Landlord Registration Form pursuant
to this section shall file an amended registration form within 20
days after any change in the information required to be included thereon.
[Added 12-19-2023 by Ord. No. 38-2023]
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough,
which is not registered.
[Added 12-19-2023 by Ord. No. 38-2023]
Only those occupants whose names are on file with the Borough as required in this § 11-4 may reside in the licensed premises. It shall be unlawful for a nonregistered person to reside in said premises and any owner, agent, tenant or registered tenant allowing a nonregistered person to reside in said premises and the nonregistered person shall be in violation of this subsection.
[Added 12-19-2023 by Ord. No. 38-2023]
a.
Complaint-based inspections, inspection following a finding of nonvalid
Certificate of Continued Occupancy, and/or those inspections required
as a result of a finding of no prior Certificate of Continued Occupancy,
shall be performed by such person, persons or agency duly authorized
and appointed by the Borough pursuant to the direction of the Code
Enforcement Official. Inspections made by persons or an agency other
than the duly authorized and appointed person, persons or agency of
the Borough shall not be used as a valid substitute. Such inspection
shall be for purpose of determining if the property complies with
the Uniform Construction Code, the current Borough Property Maintenance
Code, housing code and/or building code and the Uniform Fire Safety
Act.
b.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit indicates the need for maintenance and/or repairs, such property shall not thereafter be registered, and the landlord of the property, or his agent, shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary maintenance, repairs and corrections have been made so as to bring the property and rental unit into compliance with the applicable code(s) and the property is thereafter subsequently reinspected, approved, and registered. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and if not made within that time period, the owner shall be deemed in violation of this section and every day that the violation continues shall constitute a separate and distinct violation, subject to one or more of the fines as set forth in § 1-5.1 through § 1-5.7 of the Borough Code.
[Added 12-19-2023 by Ord. No. 38-2023]
a.
If a Borough Official determines that a property owner has failed
to comply with the requirements of this section, the property owner
shall be given a thirty-day notice to cure any violation. If the property
owner has not cured the violation within 30 days, the owner shall
be subject to a penalty not to exceed $100 per week until the violation
has been cured.
