[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 10-9-73 as Ord. No. 15-73; repealed sections 1-16 3-11-97 by Ord. No. 4-97; amended in its entirety on May 26, 2009 by Ord. No. 9-09; 3-25-14 by Ord No. 8-14.]
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:
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.
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.
a.
An Owner who meets the requirements of the Article with respect to
the location of his or her residence or workplace in the State of
New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
b.
By designating an authorized agent under the provisions of this section,
the Owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any Owner who has designated
an authorized agent under the provisions of this section 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
of Waldwick, by regular and certified mail, any and all notices of
code violations and all process in an administrative proceeding brought
to enforce code provisions concerning the building.
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.
a.
If the Owner is in violation of any terms and conditions of this
Ordinance, the Borough shall send notice to the Owner, via certified
and regular mail, as identified on the registration, that such violation
must be remedied within thirty (30) days of receipt of the notice,
or within ten (10) days of receipt of the notice if the violation
presents an imminent threat to public health and safety. If such violation
is not remedied within the appropriate time of receipt of such notice,
the Borough shall cause a summons to be issued.
b.
In addition to such summons, the Borough shall have the right to expend public funds in order to abate the nuisance, correct or remedy the violation, or secure the premises against unauthorized entry, and such costs shall be paid from the escrow established pursuant to Section 54-6.5.
c.
If public funds are expended in order to abate a nuisance or correct
a violation on a commercial property in situations in which the Owner
was given notice pursuant to this Ordinance but failed to abate the
nuisance or correction violation as directed, then this Ordinance
shall authorize the Borough of Waldwick the same recourse against
the Owner, including but not limited to, the recourse provided under
Section 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
a.
Any person who violates any provision of this Article or of the rules
and regulations issued hereunder shall be fined not less than $100
and not more than $2,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this chapter shall be recoverable from the Owner and
shall be a lien on the property; and
b.
For purposes of this section, failure to file a registration statement
within thirty (30) calendar days after a building becomes vacant property
or within thirty (30) calendar days after assuming ownership of a
vacant property, whichever is later, or within ten (10) calendar days
of receipt of notice by the municipality, and failure to provide correct
information on the registration statement, or failure to comply with
the provisions of such provisions contained herein shall be deemed
to be violations of this ordinance.
a.
Effective August 1, 2022, The Borough of Waldwick shall adopt N.J.S.A.
2A:50-73, regarding creditors filing actions in foreclosure against
commercial and residential properties located within the Borough of
Waldwick.
i.
Creditors shall abide by all requirements outlined in N.J.S.A. 2A:50-73,
including, but not limited to, timing of notifications to the Borough
of Waldwick and property location information.
ii.
Creditors shall direct their notifications to the Borough of Waldwick
Town Clerk and the Mayor as directed by N.J.S.A. 2A:50-73 and/or N.J.S.A.
46:10B-51.
b.
Creditors shall abide by all notification requirements of N.J.S.A.
2A:50-73(2)(a)(2) that requires a list of all commercial properties
in the Borough of Waldwick that the creditor has foreclosure actions
pending by street address and lot and block number.
c.
Any creditor of a vacant property on which a foreclosure proceeding
has been initiated that is found to be a nuisance or in violation
of any applicable State or local code, shall be notified and shall
have the responsibility to abate the nuisance or correct the violation
subject to N.J.S.A. 2A:50-73(2)(b).
d.
The Borough of Waldwick shall have the same recourse outlined in
N.J.S.A. 2A:50-73(2)(c) where a creditor of a commercial property
has given notice but failed to abate the nuisance or correct the violation(s)
as directed.
f.
A creditor that files 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 Borough of Waldwick
pursuant to N.J.S.A. 2A:50-73(3)(b).
g.
A creditor that is located outside the State of New Jersey, shall
appoint a representative or agent located within the State of New
Jersey pursuant to N.J.S.A. 2A:50-73(3)(b).
h.
A creditor that files a summons and complaint in an action to foreclose
shall secure the property against unauthorized entry, post a sign
affixed to the inside of the property and visible to the public indicating
the name, address, and telephone number of the creditor or representative
or agent for the purpose of receiving process, and acquire or 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 the Borough of Waldwick pursuant
to N.J.S.A. 2A:50-73(3)(b).
i.
A creditor that fails to provide care, maintenance, security, and
upkeep of the exterior of a vacant or abandoned property shall be
required to correct the violation within 30 days of the receipt of
notice from the Borough of Waldwick, or within 10 days of receipt
of the notice if the violation present an imminent threat to public
health and safety pursuant to N.J.S.A. 2A:50-73(3)(c).
j.
The Borough of Waldwick reserves the right to contract with a private
entity to administer the property registration program pursuant to
N.J.S.A. 2A:50-73(3)(d).
k.
The Borough of Waldwick shall impose an annual fee on a creditor
required to register a property pursuant to this ordinance. Such fee
shall not exceed: (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; and (2) an additional
$2,000 per property annually if the property is vacant or abandoned
pursuant to the definition in the ordinance when the summons and complaint
in an action to foreclose is filed, or becomes vacant and abandoned
pursuant to the definition in this ordinance at any time thereafter
while the property is in foreclosure. These fees shall be assessed
on the 1st business day of January annually, except where a property
becomes registered which shall happen at the time of registration.
l.
The Borough of Waldwick shall adopt and abide by the provisions of
N.J.S.A. 2A:50-73(3)(f).
m.
Any creditor located outside the State of New Jersey that is found
by the municipal court of Waldwick or a court of competent jurisdiction
to have failed to appoint a representative or agent located within
the State of New Jersey shall be assessed a fine of $2,500 for each
day of the violation pursuant to N.J.S.A. 2A:50-73(3)(g)(1). This
fine shall be assessed in accordance with the 10-day periods outlined
in N.J.S.A. 2A:50-73(3)(g)(1).
n.
Any creditor found by the municipal court of Waldwick or a court
of competent jurisdiction to be in violation of this ordinance shall
be assessed a fine of $1,500 for each day of the violation pursuant
to N.J.S.A. 2A:50-73(3)(g)(2). Any fine imposed pursuant to this subpart
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.
