[Ord. 6/18/75 § A; Ord. #92-05]
It is unlawful for any person to dis-card or dump along any
street or road, on or off any right-of-way, or other public place,
any household or commercial solid waste, rubbish, refuse, junk, unusable
machines or parts of machines, vehicle or vehicle parts, rubber tires,
appliances, or furniture, or on private property, except by written
consent of the owner of the property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
[Ord. 6/18/75 § B]
No person shall keep, store, abandon, or leave upon any parcel
of land, street, road, alley, way or park-way 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; 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 in the Township.
[Ord. 6/18/75 § C]
No person shall permit land to be covered with or contain refuse
or debris resulting from construction activities or the demolishing
of a building, or any parts of any buildings destroyed by fire, which
refuse or debris has remained on the land for more than thirty (30)
days after the completion of the construction activities, or the demolition
work or after a fire.
[Ord. 6/18/75 § D]
When it is necessary for the preservation of the public health,
safety, general welfare, or to eliminate a fire hazard, the owner
or tenant of lands shall be required to remove filth and garbage from
these lands.
[Ord. 6/18/75 § D]
a.
Upon receiving notification or knowledge of a violation of this section,
the Health Officer or the designated agents of the Township are authorized
to make an investigation of the premises and are authorized to notify
the owner and the occupant of the lands in writing, either personally
or by registered or certified mail, return receipt requested, to take
such steps as will effectively remove the violation from said land
within ten (10) days after receipt of the notice.
b.
In the event the owner or possessor of these lands shall refuse or
neglect to abate or remedy the condition complained of and which constitutes
a violation of this section, the Township Committee may cause the
condition to be abated and remedied.
[Ord. 6/18/75 § D]
In cases where the owner or tenant shall have refused or neglected
to remove or abate the situation in the manner and within the time
provided above, the Code Enforcement Officer shall cause the violation
to be abated and the Code Enforcement Official shall certify the cost
thereof to the Township Committee, which shall examine the certified
statement of costs, and if found correct shall cause such amount to
be charged against the owner of the property and appropriate proceedings
to enforce collection of these costs shall be instituted by the Township.
[Ord. #92-05]
It is unlawful for any residential or commercial property owner
to permit open or overflowing waste disposal bins on his or her property.
[Ord. #92-05]
It is unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during, or immediately following completion of any
construction or demolition project. It is the duty of the owner, agent,
or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or non-flyable debris or trash at
areas convenient to construction areas, and to maintain and empty
the receptacles in such a manner and with such a frequency as to prevent
spillage of refuse.
[Ord. #92-05]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind, and to keep sidewalks, areaways,
backyards, courts and alleys free of litter.
[Ord. #92-05]
It is further provided that this section shall not be construed
to prohibit the placing of such materials as are removed from the
Township by the person or corporation authorized by the Township through
contract to remove the same, when placed in suitable containers for
that purpose. Farm machinery kept on the farmer's owned premises is
excluded from the provisions of this section.
[Ord. 6/18/75 § D; New]
[Amended in entirety 2-15-2023 by Ord. No. 2023-02. History includes 5-16-2018 by Ord. No. 2018-09.]
[Added 2-15-2023 by Ord. No. 2023-02]
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
in 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.
[Added 2-15-2023 by Ord. No. 2023-02]
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
on an annual basis.
c.
Official. The Zoning Officer of the Township shall be responsible
for administration of The Township Property Registration Program.
[Added 2-15-2023 by Ord. No. 2023-02]
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 Township 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.
The initial registration fee for each vacant and abandoned property
shall be $500, which fee shall be paid to the Clerk.
f.
The fee for the first annual renewal of the certificate of registration
shall be $1,500, which fee shall be paid to the Clerk.
g.
The fee for the second annual renewal of the certificate of registration
shall be $3,000, which fee shall be paid to the Clerk.
h.
The fee for each subsequent annual renewal of the certificate of
registration shall be $5,000, which fee shall be paid to the Clerk.
i.
Registration fees imposed pursuant to this Section shall not be charged
to an Owner or Forecloser which is an agency or instrumentality of
the United States of America.
[Added 2-15-2023 by Ord. No. 2023-02]
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, and
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 2-15-2023 by Ord. No. 2023-02]
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. 46:108-51 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:
1.
The information pursuant to § 92-2.3b;
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 § 9-2.1; 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 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. The Creditor will pay an annual registration fee of:
1.
$500 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.
2.
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 the ordinance at any time thereafter while the property is in foreclosure.
3.
The registration fee shall be due on January 31 of each year.
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. 46:108-51 shall be subject
to a fine of $2,500 for each day of the violation.
i.
20% of any money collected pursuant to this section shall be utilized
by the municipality for code enforcement purposes.
[Added 2-15-2023 by Ord. No. 2023-02]
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 Zoning Officer or Clerk of the
Township 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 Zoning Officer and/or Clerk of the Township shall forward a copy
of the notice 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 paragraph following the filing of the summons and complaint,
the Creditor shall provide a notice to the Zoning Officer or Clerk
of the Township 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 Zoning Officer and/or Clerk of the Township 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 paragraph
h but failed to abate the nuisance or correct the violation as directed,
the Township 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 2-15-2023 by Ord. No. 2023-02]
a.
A Responsible Party that violates any provision of this section 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.
[Added 8-15-2018 by Ord.
No. 2018-12; amended 8-19-2020 by Ord. No. 2020-10; 8-18-2021 by Ord. No. 2021-12]
a.
No
persons, residents, citizens, property owners and/or tenants of the
Township shall plant or cultivate bamboo after the effective date
of this section.
b.
No
persons, residents, citizens, property owners and/or tenants of the
Township shall cause to grow any bamboo on any lot and/or parcel of
ground anywhere within the geographic boundaries of the Township of
Frelinghuysen in such a manner as to cause the bamboo to spread beyond
the boundaries of their property.
c.
Complaint
and Notice; Order for Removal and Compliance. Whenever a complaint
is received by the Township regarding the planting or cultivation,
or encroachment of any bamboo plant or root beyond the boundaries
of a property, or whenever the Township, on its own observations and
inspections, witnesses same, the Township shall cause notice to be
served and the following actions to occur:
1.
The notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage, and also by first-class
mail. Notice by certified mail shall be deemed complete on the date
of personal delivery or the date the certified mail is marked refused
or unclaimed or otherwise undeliverable by the United States Post
Office. First-class mail shall be deemed delivered within five calendar
days of its being mailed by the Township.
2.
The notice shall specify the nature of the violation(s).
3.
The notice shall state that the violation(s) must be corrected within
30 calendar days from the date of the received or returned mailing.
4.
The notice shall state specifically what must be done by the responsible
party to correct the violation(s).
d.
Investigations;
Reports. The Director of Public Works, Construction Official, Zoning
Officer or the Health Officer of the Township shall be considered
the proper officers to investigate all lands within the limits of
the Township to determine violations of this section and to issue
notices pertaining to same.
e.
Violations
and Penalties; Remediation and Collection of Remediation Costs.
2.
In addition to and not in lieu of any penalties that may be assessed, If the violation is not remedied within the time set forth in the notice sent pursuant to Subsection 9-3c hereof, the Township is hereby authorized to remove or have removed any bamboo encroaching beyond the boundaries of a property, and to take all reasonable steps to eradicate the regrowth of the bamboo beyond the boundaries of the property, and to restore the land to the condition in which it existed prior to such removal and eradication, all at the cost and expense of the property owner from whose property the bamboo emanated. Upon such removal, the following procedure shall apply regarding the payment and collection of the amounts expended by the Township of Frelinghuysen.
3.
The officer or employee of the Township in charge of the removal
of bamboo shall certify the cost thereof to the Mayor and Committee.
The Mayor and Committee shall examine such certificate and, if found
to be correct, shall cause such cost to be charged against such lands
after affording the owner of the property a reasonable opportunity
to appear before the Mayor and Committee or its designated agent.
4.
The amounts charged shall immediately become due and payable to the
Township. If the owner of the property fails to pay such amounts,
the same shall become a lien on the property of such owner and shall
bear interest in the same manner as is charged on unpaid taxes. Such
unpaid amounts shall be deemed, for the purpose of collection thereof,
a tax upon such real estate to be added to and become a part of the
taxes next to be levied and assessed against that real estate. Such
tax shall be enforced and collected with interest by the same officer
and in the same manner as all other municipal taxes.
f.
In
the event that the Township of Frelinghuysen shall cause bamboo to
be removed, the owner of the property from which the bamboo emanated
shall indemnify and hold harmless the Township of Frelinghuysen and
its officers and employees from and against all liability, including
loss, damage, costs, attorneys' fees, causes of action, claims and/or
judgments, arising from said bamboo removal and restoration of the
property. For the sole purpose of this section and for no other purpose,
the owner or developer shall be deemed to have appointed the Township
of Frelinghuysen as the owner's or developer's agent should the Township
cause bamboo to be removed from such owner's or developer's property.
[Added 12-20-2023 by Ord. No. 2023-18]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately-owned), including residences, in the
Township of Frelinghuysen to protect the environment, public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Added 12-20-2023 by Ord. No. 2023-18]
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 consistent 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.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind driven rainfall).
A fabric frame structure is a permanent structure if it meets
the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
[Added 12-20-2023 by Ord. No. 2023-18]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th:
1.
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all de-icing materials between April 16th
and October 14th.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 - April 15.
c.
All such temporary and/or permanent structures must also comply with
all other applicable local ordinances, including building and zoning
regulations.
d.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this ordinance are met. Inspection records shall be kept on site
and made available to the municipality upon request.
1.
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 12-20-2023 by Ord. No. 2023-18]
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection 9-4.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
[Added 12-20-2023 by Ord. No. 2023-18]
This ordinance shall be enforced by the Zoning Officer of the
Township of Frelinghuysen during the course of ordinary enforcement
duties.
[Added 12-20-2023 by Ord. No. 2023-18]
Any person(s) who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines not to exceed the maximum penalty as provided by Chapter 1, Section 1-5, General Penalty, of the Code. After notification, each day of continuing violation of the terms of this section shall be deemed to be a separate and distinct offense hereunder.
