That a certain document, three (3) copies of which are on file
in the office of the Borough Clerk of the Borough of Waldwick, being
marked and designated as "The International Property Maintenance Code
2006, and as subsequently amended be and is hereby adopted as the
Property Maintenance Code of the Borough of Waldwick, in the State
of New Jersey; for the control of buildings and structures as herein
provided; and each referred to, adopted, and made a part hereof, as
if fully set out in this ordinance, with the additions, insertions,
deletions and changes, if any, prescribed in Section 2 of this ordinance.
That the International Property Maintenance Code is amended
and revised in the following respects:
Section 101.1 Insert: Borough of Waldwick
Section 103.5 Insert: Chapter
48 of the Code of the Borough of Waldwick
Section 302.4 The first sentence is amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in accordance with Chapter
95 of the Code of the Borough of Waldwick.
Section 304.14 Insert: April 15 to October 15
Section 602.3 Insert: Insert October 1 to May 1
Section 602.4 Insert: October 1 to May 1
Code Enforcement officials empowered to be the enforcing agents
of the Borough of this ordinance shall be the Health Officer/Sanitarian,
Fire Inspector, Code Enforcement Official, and all subcode officials
of the Construction Department of the Borough of Waldwick.
That the Borough Clerk shall certify to the adoption of this
ordinance, and cause the same to be published as required by law;
and this ordinance shall take effect and be in force from and after
its approval as required by law.
1. Landlord Defined. The term "landlord", as used in this ordinance,
shall mean the person or persons who own or purport to own, or exercise
control of any building in which there is rented or offered for rent
housing space for living or dwelling purposes under either a written
or oral lease, provided that this definition shall not include owner-occupied
two dwelling unit premises.
2. Certificate of registration; filing; contents.
A. Every landlord shall, within 30 days following the effective date
of this Ordinance, or at the time of the creation of the first tenancy
in any newly constructed or reconstructed building, file with the
Borough Clerk of the Borough of Waldwick in the case of a one-dwelling
unit rental or a two-dwelling unit non-owner occupied premises, or
with the Bureau of Housing Inspection in the Department of Community
Affairs in the case of a multiple dwelling as defined in section 3
or the "Hotel and Multiple Dwelling Law" (N.J.S.A. 55:13a-3), a certificate
of registration on forms prescribed by the Commissioner of the Department
of Community Affairs, which shall contain the following information:
1. The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business if not the same
persons. In the case of a partnership the names of all general partners
shall be provided;
2. If the record owner is a corporation, the name and address of the
registered agent and corporate officers of said corporation;
3. If the address of any record owner is not located in the County in
which the premises are located, the name and address of a person who
resides in the county in which the premises are located and is authorized
to accept notices from a tenant and to issue receipts therefor and
to accept service of process on behalf of the record owner;
4. The name and address of the managing agent of the premises, if any;
5. The name and address, including the dwelling unit, apartment or room
number of the superintendent, janitor, custodian or other individual
employed by the record owner or managing agent to provide regular
maintenance service, if any;
6. The name, address and telephone number of an individual representative
of the record owner or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the premises or
any unit or 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;
7. The name and address of every holder or a recorded mortgage on the
premises;
8. If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
9. The names of all tenants occupying each dwelling unit.
10. Subleasing and/or receiving of rent by any tenant of a dwelling unit
from another person living in the unit not named on the registration
is prohibited.
B. The landlord shall file with the Borough Clerk of the Borough of
Waldwick a copy of the Certificate of Registration form and any other
documents that Landlord files with the Bureau of Housing Inspection.
C. The Certificate of Registration must be filed annually, on or before April 1 of each year or whenever a tenancy changes. Multiple registrations required in a calendar unit due to change of tenancy, there shall be no fee for the amended registrations. In the event that the building is sold and there is a registered unit(s), the new owners shall be required to register the unit(s) as set forth herein above. The fee for registration shall be set forth in Chapter
48 of the Municipal Code of the Borough of Waldwick. The provisions of the ordinance shall be enforced by the Public Officer designated in Chapter
54 of the Municipal Code of the Borough of Waldwick.
That the Borough Clerk shall certify to the adoption of this
ordinance, and cause the same to be published as required by law;
and this ordinance shall take effect and be in force from and after
its approval as required by law.
[Amended 4-26-2022 by Ord. No. 2022-11]
As used in this section, the following terms shall have the
meanings indicated:
OWNER
Any title holder, any agent of the title holder having authority
to act with respect to a vacant property, any foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008 c. 127, Sec. 17
as amended by P.L. 2009, c. 296), or any other entity determined by
the Borough of Waldwick to have authority to act with respect to the
property.
VACANT PROPERTY
Any building 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, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation,
including but not limited to any property meeting the definition of
"vacant and abandoned" property in N.J.S.A. 2A:50-73; provided, however,
that any property where all building systems are in working order,
where the building and grounds are maintained in good order, or where
the building is in habitable condition, and where the building is
being actively marketed by its owner for sale or rental, shall not
be deemed a vacant property for purposes of this chapter.
Effective May 1, 2014, the Owner of any vacant property as defined
herein shall, within thirty (30) calendar days after the building
becomes vacant property or within thirty (30) calendar days after
assuming ownership of the vacant property, whichever is later; or
within ten (10) calendar days of receipt of notice by the municipality,
file a registration statement for such vacant property with the Property
Maintenance Officer on forms provided by the Borough for such purposes.
Failure to receive notice from the municipality shall not constitute
grounds for failing to register the property.
a. Each party having a separate block and lot number as designated in
official records of the municipality shall be registered separately.
b. The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person twenty-one
(21) years or older, designated by the Owner or Owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such Owner or Owners in connection with the enforcement
of any applicable code: and the name, street address, telephone number,
and email address (if applicable) of the firm and the actual name(s)
of the firms individual principal(s) responsible for maintaining the
property shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis. The two entities may be the same or different
persons. Both entities shown on the statement must maintain offices
in the State of New Jersey or reside within the State of New Jersey.
c. The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be prorated through December 31. The Owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay registration or renewal fee in the amount prescribed in Section
54-6.5 of this ordinance, for each vacant property registered.
d. The annual renewal shall be completed by January 1st each year. The
initial registration fee shall be pro-rated for registration statements
received less than ten (10) months prior to that date.
e. The Owner shall notify the Property Maintenance Officer within ten
(10) calendar days of any change in the registration information by
filing an amended registration statement on a form provided by the
Property Maintenance Officer for such purpose.
f. The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the Owner or
Owners of the building.
The Owner of any vacant property registered under this Article
shall provide access to the Borough to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes, upon reasonable notice to the property owner or the designated
agent. Such inspections shall be carried out on weekdays during the
hours of 9:00 a.m. through 4:00 p.m. or such other time as may be
mutually agreed upon between the Owner and the Borough.
There shall be an annual registration fee per property assessed
against the Owner in the amount of five-hundred dollars ($500). The
fee for each subsequent year shall be five-hundred dollars ($500).
The Owner of any building that has become vacant property, and
any person maintaining or operating or collecting rent for any such
building that has become vacant shall, within thirty (30) days thereof:
1. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Borough Code, or as set forth
in the rules and regulations supplementing those codes until the building
is again legally occupied or demolished or until repair or rehabilitation
of the building is complete; and
2. Ensure that the exterior grounds of the structure, including yards,
fences, swimming pools, sidewalks, walkways, rights-of-way, alleys,
retaining walls, attached or unattached accessory structures and driveways,
are well-maintained and free from trash, debris, loose litter, and
grass and weed growth; and
3. Post a sign affixed to the inside of the property and visible to
the public indicating the name, address, and telephone number of the
owner or an out-of-State Owner's in-State representative or agent
for the purpose of receiving service of process; and
4. Acquire and maintain liability insurance by procuring a vacancy policy
that covers any damage to any person or any property caused by any
physical condition of the property while registered with this property
registration program.