[Ord. No. 232 § 1]
It shall be unlawful for any owner or occupant, of premises
abutting or bordering upon any street, avenue, road or highway of
the Township, or within fifty (50) feet of any occupied structure,
to allow any brush, weeds, grass or plants, other than trees, bushes,
flowers or other ornamental plants, to grow to a height exceeding
nine (9) inches, or to allow the accumulation of filth, garbage, trash,
debris or dead or dying tress which will prevent free or uninterrupted
passage or become a public, health, safety or fire hazard thereon.
[Ord. No. 232 § 2;
New; amended 7-16-2020 by Ord. No. 696]
Any owner or owners, occupant or occupants of any premises neglecting to remove any brush, weeds, grass, or plants as aforesaid, dead or dying trees, or any other obnoxious growth, filth, garbage, trash or debris, or other impediments from the lands and premises in the Township within 10 days after being notified to remove the same by the Municipal Clerk or Zoning Officer shall, upon conviction before the Judge of the Municipal Court, be liable to the penalty as stated in Chapter 1, § 1-5.
[Ord. No. 232 § 3;
amended 7-16-2020 by Ord. No. 696]
Upon the failure of any owner or owners, occupant or occupants
of any premises to remove any brush, weeds, grass, or plants as aforesaid,
dead or dying trees, or the accumulation of filth, garbage, trash
or debris within 10 days of notification, the Municipal Clerk or Zoning
Officer shall cause the same to be removed; and the cost thereof shall
be certified to the Tax Assessor whose duty it is to assess and levy
the taxes for the Township, and shall thereon be charged against the
land and premises and become and be a first and paramount lien upon
the land and premises and shall be added to and form a part of the
taxes assessed on the land and premises and collected with and in
the same manner as the taxes next to be assessed and levied upon the
land and premises, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the Tax Collector in the same
manner as taxes.
[Ord. No. 232 § 4]
The imposition and collection of a fine imposed by this section
shall not bar the right of the Township to collect the cost of removal
in the manner as required in this section, and the remedy shall be
cumulative.
[Ord. No. 644-2015]
It is determined that certain types of the bamboo plant are
invasive and often difficult to control, and can and has caused significant
damage to properties in the Township of Maurice River. The purposes
of this section are to preserve and protect private and public property
from the damaging spread of bamboo, to protect indigenous and other
plant materials from the invasive spread of bamboo, and to maintain
the general welfare of the residents of the Township of Maurice River.
[Ord. No. 644-2015]
No owner, tenant or occupant of a property, or person, corporation
or other entity, shall plant, install or cause or permit the planting
or installation of plant species commonly known as Running Bamboo
upon any property located within the Township of Maurice River. For
the purposes of this section, "running bamboo" means any bamboo in
the genus Phyllostachys, including Phyllostachys aureosulcata.
[Ord. No. 644-2015]
In the event any species commonly known as Running Bamboo is
located upon any property within the Township of Maurice River, prior
to the effective date of this prohibition, the owner and occupant
of said property shall jointly and severally be required to confine
such species to prevent the encroachment, spread, invasion or intrusion
of same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property, and all affected
properties. Failure to properly confine such bamboo shall require
removal as set forth below. The cost of said removal shall be at the
bamboo property owner's expense.
[Ord. No. 644-2015]
a.
In the event Running Bamboo is present on the effective date of this
prohibition and a complaint is received by the Township regarding
an encroachment of any bamboo plant or root, and the Code Enforcement
Officer of the Township of Maurice River after observation and/or
inspection, determines that there is an encroachment or invasion on
any adjoining/neighboring private or public property or public right-of-way
(hereinafter "the affected property"), the Township shall serve notice
to the bamboo property owner in writing that the bamboo has invaded
other private or public property(s) or public right-of-way(s) and
demand remediation of the encroachment of the bamboo from the affected
property and demand approved confinement against future encroachment.
Notice shall be provided to the bamboo property owner, as well as
to the owner of the affected property, by certified, return receipt
requested mail and regular mail. Within forty-five (45) days of receipt
of such notice, the bamboo property owner shall submit to the Code
Enforcement Officer of the Township, with a copy to the owner of the
affected property, a plan for the remediation of the encroachment
of the bamboo from the affected property, which plan shall include
restoration of the affected property after remediation of the encroachment.
Within one hundred twenty (120) days of the receipt of the Code Enforcement
Officer's approval of the plan of remediation and restoration, the
remediation and restoration shall be completed to the satisfaction
of the Code Enforcement Officer of the Township.
The "affected property" owner shall not be required to remediate
the encroachment of bamboo from an adjoining property. As noted above,
that obligation shall be the obligation of the bamboo property owner.
b.
If the bamboo property owner does not accomplish the remediation
of the encroachment from such other private or public property or
public right-of-way in accordance herewith, the Code Enforcement Officer
of the Township Maurice River shall cause a citation to be issued
with a penalty up to one hundred ($100.00) dollars for each day the
violation continues, enforceable through the Municipal Court of the
Township of Maurice River. The Administrative Officer may request
and the Municipal Court may grant, a specific performance remedy.
The Township may also institute civil proceedings for injunctive or
civil relief.
c.
Nothing herein shall be interpreted as limiting the rights of a private
property owner to seek civil relief through a Court of proper jurisdiction
nor the institution of civil proceedings against the proper parties.
d.
When an encroachment is upon public property or public right-of-way
and the bamboo property owner and/or occupant has not complied with
the written notice provided as set forth above, the Township of Maurice
River, at its discretion, may remove or contract for the removal of
such bamboo from the Township property or public right-of-way. The
cost of such said removal from the Township owned property and/or
public right-of-way shall include the installation of an appropriate
barrier to prevent future bamboo invasion.
[Ord. No. 644-2015]
Any Running Bamboo either planted or caused to be planted or
existing on the effective date of this regulation, may not be replanted
or replaced once such bamboo is or has become dead, destroyed, uprooted
or otherwise removed.
[Ord. No. 651-2017; amended 11-17-2022 by Ord. No.
716]
Any property that is determined to be abandoned pursuant
to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), as follows:
Property must not have been legally occupied for six (6) months
and must meet any one (1) of the following criteria:
Property is in need of rehabilitation, in the reasonable judgment
of the public officer, and no rehabilitation has taken place during
that six-month period.
Construction was initiated and discontinued prior to completion,
leaving the building unsuitable for occupancy, and no construction
has taken place for at least six (6) months as of the date of determination
that the building is abandoned.
At least one (1) installment of property tax remains unpaid
and delinquent as of the date of determination.
The property has been determined to be a nuisance by the public
officer as defined in this section.
Exceptions to abandoned property.
A property on which an entity other than the Township holds
a tax sale certificate is not deemed to be abandoned if the owner
of the certificate: a) continues to pay all municipal taxes and liens
when due; and b) initiates foreclosure proceedings within six (6)
months after the property is eligible for foreclosure.
A property used on a seasonal basis is deemed to be abandoned
only if it meets any two (2) of the criteria set forth in N.J.S.A.
55:19-81.
A property which contains both residential and nonresidential
space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et
seq., so long as two-third (2/3) or more of the total net square footage
of the building was previously legally occupied as residential space
and none of the residential space has been legally occupied for at
least six (6) months at the time of the determination of abandonment
by the public officer.
The list of abandoned properties established and maintained by the Township's public officer pursuant to subsection 14-3.2 of this chapter, which shall only include properties that fit the criteria for "abandoned property" as defined in this subsection.
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
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. 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 Building Official, Zoning Officer, Code Enforcement Officer
or any other person authorized by the Township of Maurice River to
enforce the applicable codes.
A municipality, a county, or a county improvement authority
or other subdivision of a municipality or county.
Shall include any person, legal entity or other party having
any ownership interest, whether legal or equitable, in real property.
This term shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
Any title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of property pursuant to Section
17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
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 property building which is not
legally occupied by a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied, and at least two (2) of the
following conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, or electric 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 the 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.
For purposes of this section, a residential property shall not
be considered vacant and abandoned if, on the property;
There is an unoccupied building which is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations and statutes;
There is a building occupied on a seasonal basis, but otherwise
secure; or
There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute.
[Ord. No. 651-2017]
[Ord. No. 651-2017]
a.
Effective January 1, 2017, the owner of any abandoned property as
defined herein shall within thirty (30) days after the building becomes
abandoned property or within fifteen (15) days after assuming ownership
of the abandoned property, whichever is later, file a registration
form for each such abandoned property with the Municipal Clerk on
forms provided by the Municipal Clerk for such purposes. The registration
shall remain valid for the calendar year January 1 through December
31 of each year. The owner shall be required to renew the registration
annually as long as the building remains abandoned property and the
owner shall pay a registration or renewal fee.
b.
Any owner of any building that meets the definition of abandoned
property as of January 1, 2017, shall file a registration form for
the property on or before January 31, 2017, and by January 31 of each
year thereafter. The registration form shall include such information
as set forth on the prescribed registration form.
c.
The owner shall notify the Municipal Clerk within thirty (30) days
of any change in the registration information by filing an amended
registration form on a prescribed form provided by the Clerk for such
purpose.
d.
The registration form shall be deemed prima facie proof of the statements
therein contained in any administrative enforcement proceeding or
court proceeding instituted by the Township against the owner or owners
of the building.
[Ord. No. 651-2017]
After filing a registration form or a renewal of a registration
form, the owner of any abandoned property shall provide access to
the Township to conduct an exterior or interior inspection of the
building to determine compliance with the Municipal Code, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal.
a.
The registration form shall include the name, street address and
telephone number of a natural person twenty-one (21) years of age
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 of any applicable
code. This person must maintain an office in the State of New Jersey
or reside within the State of New Jersey. The statement shall also
include the name of the person responsible for maintaining and securing
the property, if different.
b.
An owner who is a natural person and who meets the requirements of
this section as to location of residence or office may designate himself
or herself as agent.
c.
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 abandoned 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 purpose of this section until the owner notifies the Municipal
Clerk of a change of authorized agent and in no way releases the owner
from any requirement of this ordinance.
[Ord. No. 651-2017; amended 3-19-2020 by Ord. No. 694; 11-17-2022 by Ord. No. 716]
a.
All
fees, penalties, and/or fines established within this section and
assessable pursuant to the Township's authority outlined within P.L.
2021, c. 444, shall be deemed a municipal charge in accordance with
N.J.S.A. 54:5-1 et seq. All fees will be processed through the Municipal
Clerk's office.
b.
Creditors
required to notify the Township and register a property as one in
foreclosure shall be required to pay the following annual registration
fee, per property, due at the time of registration: $500.
c.
If a
property registered with the Township's registration program as a
property in foreclosure is vacant and abandoned at the time of registration,
or becomes vacant and abandoned at any time during the pendency of
the foreclosure proceeding, the creditor shall pay an additional annual
registration fee, per property, due at the time the determination
that the property is vacant and abandoned is made, of $2,000.
[Ord. No. 651-2017]
The owner of any building that has become an abandoned property,
and any person maintaining, operating or collecting rent for any such
buildings that becomes abandoned, shall, within 30 days:
a.
Enclose
and secure the building against unauthorized entry as provided in
the applicable provisions of the Code of the Township of Maurice River,
or as set forth in any applicable rules and regulations; and
b.
Post
a sign affixed to the building indicating the name, the address and
the telephone number of the owner, the owner's authorized agent for
the purpose of service of process (if designated pursuant to Registration
Form Requirements; Property Inspection) and the person responsible
for day-to-day supervision and management of the building, if such
person is different from the owner holding the title or authorized
agent. 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 nearest, but shall be no smaller than 18 inches by 24 inches; and
c.
Secure
the building from unauthorized entry and maintain the sign until the
building is legally occupied or demolished or until repair or rehabilitation
of the building is complete.
[Ord. No. 651-2017]
The Municipal Clerk and the Code Enforcement Officer shall be
responsible for the administration of the provisions of this ordinance.
[Ord. No. 651-2017; amended 11-17-2022 by Ord. No. 716]
a.
Any
owner who is not in full compliance with this ordinance or who otherwise
violates any provision of this ordinance or of the rules and regulations
issued hereunder shall be subject to a fine of not less than $100
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this subsection shall be recoverable from the owner
and shall be a lien on the property.
b.
For
purposes of this section, failure to file a registration form in time,
failure to provide correct information on the registration form, and
failure to comply with the provisions under the Requirements for Owners
of Abandoned Property shall be deemed to be violations of this ordinance.
[Added 11-17-2022 by Ord.
No. 716]
[Added 11-17-2022 by Ord.
No. 716]
a.
Notice of Summons and Complaint in Action to Foreclose.
1.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on commercial property in the state shall, within ten
(10) days of serving the summons and complaint, notify the Municipal
Clerk and the Mayor or other Chief Executive Officer of the municipality
in which the property is located that a summons and complaint in an
action to foreclose on a mortgage has been filed against the subject
property. 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. The
notice may contain information about more than one (1) property, and
shall be provided by mail or electronic communication, at the discretion
of the Municipal Clerk. In the event the creditor that has served
a summons and complaint in an action to foreclose on a commercial
property that is located out of state, the notice shall also contain
the full name, address, and telephone number of an in-state representative
or agent who shall be responsible for the care, maintenance, security,
and upkeep of the exterior of the property if it becomes vacant and
abandoned. If the municipality has designated or appointed a public
officer pursuant to P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.),
the Municipal Clerk shall forward a copy of the notice to the public
officer or shall otherwise provide it to any other local official
responsible for administration of any property maintenance or public
nuisance code. The notice shall also include the street address, lot,
and block number of the property.
2.
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 applicable Municipal Clerk
containing the updated name, address, or telephone number within ten
(10) days of the change in that information.
b.
Creditor to Supply List of Commercial Properties in Foreclosure.
Within thirty (30) days following the effective date of P.L. 2021,
c. 444 (N.J.S.A. 40:48-2.12s1 et seq.), any creditor that has initiated
a foreclosure proceeding on any commercial property that is pending
in Superior Court shall provide to the Municipal Clerk of the municipality
in which the property is located a listing of all commercial properties
in the municipality for which the creditor has foreclosure actions
pending by street address and lot and block number. If the municipality
has designated or appointed a public officer pursuant to P.L. 1942,
c. 112 (N.J.S.A. 40:48-2.3 et seq.), the Municipal Clerk shall forward
a copy of the notice to the public officer, or shall otherwise provide
it to any other local official responsible for administration of any
property maintenance or public nuisance code.
c.
Notification to Creditors of Violations. 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 local public officer, Municipal
Clerk, or other authorized municipal official shall notify the creditor
or the representative or agent of an out-of-state creditor, as applicable,
which shall have the responsibility to abate the nuisance or correct
the violation in the same manner and to the same extent as the title
owner of the property, to such standard or specification as may be
required by state law or municipal ordinance. The municipality 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 thirty (30) days from the creditor's receipt of the notice
for the creditor to remedy the violation. If the creditor fails to
remedy the violation within that time period, the municipality may
impose penalties allowed for the violation of municipal ordinances.
d.
Recourse for Failure to Abate. If the municipality 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 c of this subsection but failed to
abate the nuisance or correct the violation as directed, the municipality
shall have the same recourse against the creditor as it would have
against the title owner of the property, including, but not limited
to, the recourse provided under Section 23 of P.L. 2003, c. 210 (N.J.S.A.
55:19-100).
[Added 11-17-2022 by Ord.
No. 716]
a.
Pursuant to N.J.S.A. 40:48-2.12s3, the Township of Maurice River
will establish a property registration program for the purposes of
identifying and monitoring residential and commercial properties within
the municipality for which a summons and complaint in an action to
foreclose on a mortgage has been filed.
b.
The Code Enforcement Officer or designee for the Township of Maurice
River shall create and oversee a registration program cataloging each
vacant and abandoned property within the municipality.
c.
Any mortgagee who holds a mortgage on real property located within
the Township of Maurice River shall perform an inspection of the property
to determine vacancy or occupancy, upon a filing of a summons and
complaint. The mortgagee shall, within ten (10) days of the inspection,
register the property with the Code Enforcement Officer, or designee,
using forms established by that department and indicate whether the
property is vacant or occupied. A separate registration will be required
for each property, whether it is found to be vacant or occupied.
1.
If the property is occupied, the mortgagee shall inspect the property
monthly until:
d.
A registration shall contain the name of the mortgagee and the server,
the direct mailing address of the mortgagee and the server, a direct
contact name and telephone number for both parties, a facsimile number
and email address for both parties, the property tax block and lot
and a twenty-four (24) hour contact telephone number of the property
management company responsible for security and maintenance of the
property.
e.
A nonrefundable annual registration fee of five hundred dollars ($500)
shall be collected per property and shall accompany the registration
form. An additional two thousand ($2,000) per property shall be collected
annually if the property is vacant or abandoned, as defined herein,
when the summons and complaint in an action to foreclose is filed,
or becomes vacant and abandoned pursuant to the definition in this
section at any time thereafter while the property is in foreclosure.
f.
All registration fees must be paid directly by the mortgagee, servicer,
trustee or owner. No third-party registration fees will be accepted
without the prior consent of the Township of Maurice River.
g.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
in a deed in lieu of foreclosure/sale.
h.
Properties under this section shall remain under the annual registration
requirement and the inspection, security and maintenance standards
of this section as long as they remain vacant and the complaint of
foreclosure filed.
i.
Any change to information pertaining to a vacant/abandoned property
registration must be reported within ten (10) days of the change.
j.
Failure by a mortgagee and/or owner to properly register or to modify
a registration form from time to time to reflect a change will be
in violation of this section and shall be subject to enforcement.
k.
The Township of Maurice River may take the necessary action to ensure
compliance with this section and place a lien on the property for
the cost of work performed to benefit the property and bring it into
compliance.
l.
A creditor located out of state shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
[Added 11-17-2022 by Ord.
No. 716]
a.
A property shall be considered vacant and abandoned if it is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied as defined above (See § 14-3.1, Definitions.) and by N.J.S.A. 40:48-2.12s3.
b.
Failure of the mortgagee and/or owner to property maintain the property
may result in a violation of the applicable code(s) and issuance of
a summons where the fine shall not exceed one thousand dollars ($1,000)
in accordance with the Code of the Township of Maurice River. Pursuant
to a finding and determination by the Code Enforcement Officer of
Maurice River Township or a court of competent jurisdiction, the Township
of Maurice River may take the necessary action to ensure compliance
with this section.
c.
In addition to the above, the property is required to be maintained
in accordance with applicable codes.
[Added 11-17-2022 by Ord.
No. 716]
a.
Properties subject to these sections shall be maintained in a secure
manner so as not to allow access by unauthorized persons.
b.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
c.
If a complaint and summons has been filed, and the property has become
vacant and abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this section and any other applicable laws.
[Added 11-17-2022 by Ord.
No. 716]
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which is hereby declared to be necessary
for the health, welfare and safety of the residents of Maurice River
Township.
[Added 11-17-2022 by Ord.
No. 716]
a.
Enforcement. The provisions of this section shall be enforced by
the Code Enforcement Officer or other designated party. The Code Enforcement
Officer or other designated party is hereby authorized to conduct
all inspections as may be necessary to ensure compliance. Adherence
to this section does not relieve any person, legal entity or agent
from any other obligations set forth in any applicable code which
may apply to the registered property.
b.
Abatement Notice. Where any enforcement officer or other designated
party fully designated shall have determined that any registered property
is in violation of this section, the Code Enforcement Officer shall
issue a notice to abate directing the registrant to correct the violation
and abate the nuisance within the time set forth in the notice to
abate. The time for abatement shall not be less than thirty (30) days
from the registrant's receipt of the notice to abate, except
that if the violation presents an imminent threat to public health
and safety, the time for abatement shall be within ten (10) days of
the registrant's receipt of notice to abate.
c.
Service of Notice. Service of notice to abate shall be made by regular
mail and certified return receipt mail to the address set forth in
the registration for receipt of complaints of property maintenance
and code violations.
d.
Failure to Comply. If the registrant fails to comply with the notice
to abate within the time set forth in the notice to abate for compliance,
the Code Enforcement Officer shall be permitted to enter upon said
lands for the purposes of correcting the violation and abating the
nuisance, take the necessary action to ensure compliance with the
notice to abate and place a lien on the registered property for the
cost of the work performed to benefit the registered property and
bring it into compliance.
e.
Additional Rights. The Code Enforcement Officer shall be entitled
to take any other action authorized by law to obtain compliance with
this section. Nothing in this section shall limit the rights of the
Code Enforcement Officer to pursue any other action permitted in the
Township Code or any other law against the registrant for failing
to comply with any provision(s) of this section.
f.
Failure to Register. Failure of any creditor, person, owner or legal
entity to properly register or modify a registration form to reflect
changes of circumstance is a violation of this section and shall be
subject to enforcement.
[Added 11-17-2022 by Ord.
No. 716]
a.
Failure to Register. Any person or legal entity who fails to register
a vacant or abandoned property pursuant to this section or who fails
to modify a registration to reflect changes due to circumstances,
upon conviction in the Municipal Court of Maurice River or such other
court having jurisdiction, shall be subject to a civil penalty in
an amount of five hundred dollars ($500), plus the costs of registration,
for each unregistered property.
b.
Failure to Appoint an In-State Agent. Any out-of-state creditor who fails to appoint an in-state representative/agent as required by subsection 14-3.3.2l, upon conviction in the Municipal Court of Maurice River Township or such other court having jurisdiction, shall be subject to a civil penalty in an amount of two thousand five hundred dollars ($2,500) per day of the violation, provided no such penalty shall commence until the day after the thirty (30) day period provided for initial registration.
c.
Any person, firm or corporation which shall violate any provision
of this section shall, upon conviction thereof, shall be subject to
a fine of two thousand five hundred dollars ($2,500) for each day
of the violation pursuant to N.J.S.A. 40:48-2.12s3 as determined by
the court. Each day that a violation continues shall be deemed a separate
offense.
[Added 11-17-2022 by Ord.
No. 716]
Upon sale or transfer of title to a property, the owner shall
be responsible for all violations of the applicable code(s), and the
owner shall be responsible for meeting with the Code Enforcement Office
of the Township of Maurice River within forty-five (45) days for a
final courtesy inspection report. Adherence to this section does not
relieve any person, legal entity or agent from any other obligations
set forth in any applicable Township of Maurice River code(s) which
may apply to the property.
[Added 11-17-2022 by Ord.
No. 716]
a.
If the Code Enforcement Officer determines that a property subject
to the provisions of this section is posing a serious threat to the
public health, safety and/or welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner and may assess violations as soon as possible to address
the conditions of the property.
b.
The Code Enforcement Officer shall the authority to require the mortgagee
and/or owner of record of any property affected by this section to
implement additional maintenance and/or security measures, including
but not limited to securing any and all doors, windows or other openings
or other measures as may be reasonable to help prevent further decline
of the property.
c.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Office may direct the Township to abate the violations
and charge the mortgagee with the cost of the abatement.
d.
If the mortgagee does not reimburse the Township for the cost of
temporarily securing the property or of any abatement directed by
the Code Enforcement Office within thirty (30) days of the Township
sending the invoice, then such amount, together with an administrative
fee of five hundred dollars ($500) to address the Township's
administrative expenses, shall be a lien against the property and
recorded and collected as provided by the statutes of the State of
New Jersey.
[Added 11-17-2022 by Ord.
No. 716]
Any person, firm or corporation which shall oppose, obstruct or resist the Code Enforcement Officer or other Township-authorized representative or designee in the discharge of duties as provided by this section shall be subject to penalties as outlined in § 14-3.8, Violations and Penalties.
[Added 11-17-2022 by Ord.
No. 716]
Any Code Enforcement Officer or any person authorized by the
Township to enforce the provisions of this section shall be immune
from prosecution, civil or criminal, for reasonable, good-faith entry
upon real property while in the discharge of duties imposed by this
section.
