[1991 Code § 228-1]
This chapter shall be known as the "Property Maintenance Code
of the Township of Springfield" and may be referred to in this chapter
as the "Property Maintenance Code" or as "this code."
[1991 Code § 228-2]
Pursuant to the authority granted by N.J.S.A. 40:48-2, the purposes
of this code are hereby stated to be:
a.
To provide for the public health, safety and welfare.
b.
To avoid, prevent and eliminate the maintenance or creation of hazards
to the public health or safety.
c.
To avoid, prevent and eliminate conditions which, if permitted to
exist or continue, will depreciate or tend to depreciate the value
of adjacent or surrounding properties.
d.
To prevent the creation, continuation, extension or aggravation of
blight.
e.
To preserve property values in the Township.
f.
To prevent the physical deterioration or progressive downgrading
of the quality of housing facilities in the Township.
g.
To maintain the value and economic health of the commercial properties
and businesses that serve and help to support the Township and its
citizens.
h.
To prevent and eliminate physical conditions in or on property which
constitute nuisances and are thereby potentially dangerous or hazardous
to the life, health or safety of persons on or near the premises where
such conditions exist.
i.
To establish minimum standards governing the maintenance and condition
of land, buildings, structures and premises in the Township.
j.
To fix responsibilities and duties thereof upon owners and operators
of property.
k.
To provide for administration and enforcement.
l.
To fix penalties for the violation of this code.
[1991 Code § 228-3; Ord. No. 2015-25]
For the specific purposes of this code, the following terms,
whenever used herein or referred to in this code, shall have the respective
meanings assigned to them hereunder unless a different meaning clearly
appears from the context:
Shall mean a State chartered bank, savings bank, savings
and loan association or credit union, any person or entity required
to be licensed under the provisions of the "New Jersey Residential
Mortgage Act," P.L. 2009, c.53 (C.17:11C-51 et seq.), any foreclosing
entity subject to the provisions of C.46:10B-51 (P.L. 2008, c. 127,
Sec. 17, as amended from time to time) and any entity acting on behalf
of the creditor named in the debt obligation including, but not limited
to, servicers.
Shall mean those portions of a structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto, and the open land
space of any premises outside of any building or structure erected
thereon, including vacant lots.
Shall mean:
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Township.
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of the premises where the condition exists.
Shall mean any person, persons or entity not the owner, but
including any agent of the owner, who has charge, possession, custody,
care or control of a dwelling or premises or a part thereof.
Shall mean any person, persons or entity who shall have legal
or equitable title in any form whatsoever to any premises or part
thereof, including any fiduciary, trustee, receiver, guardian or mortgagee
in possession. Any lessee, sublessee or assignee of a lessee of any
part of any premises shall be deemed an "owner" with respect to that
portion of the premises sublet, leased or assigned.
Shall mean a lot, plot or parcel of land, right-of-way or
multiples thereof, including the building or structures thereon.
Shall mean all discarded, useless, unusable, unused or worthless
solid waste matter or materials, combustible or noncombustible, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockery, wood, plastic, rubber, leather,
furniture, household goods, appliances, bedding, scrap lumber, scrap
metal, construction material, inoperable machinery or parts thereof,
garden or farming implements and supplies, dead or rotting vegetation,
tires and abandoned, inoperative or unusable automobiles and vehicles
and solid commercial or industrial waste. Anything herein to the contrary
notwithstanding, a compost pile free of discarded foodstuffs shall
not be deemed to be "refuse" or "rubbish."
Shall mean a motor vehicle without a valid and current State
inspection sticker.
Shall mean, where a property is not occupied and at least
two of the following conditions 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, association management, delivery persons,
or government employees indicating that the residence 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, exists 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 any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
[1991 Code § 228-4]
Every lot and every structure and the premises or part of the
premises on which it is situated shall comply with the provisions
of this code, whether or not any such structure shall have been constructed,
altered or repaired before or after the enactment of this code, and
irrespective of any permits or licenses which may have been issued
for the use or occupancy of such structure or for the installation
or repair of equipment or facilities prior to the effective date of
this code.
[1991 Code § 228-5]
In any case where the provisions of this code impose a higher
or stricter standard than set forth in any other ordinance or regulation
of the Township or under the laws or regulations of the State of New
Jersey or any of its agencies, then the standards as set forth herein
shall prevail; but if the provisions of this code impose a lower or
lesser standard than any other regulation or ordinance of the Township
or the laws and regulations of the State of New Jersey or any of its
agencies, then the higher standard contained in any such other ordinance,
regulation or law shall prevail.
[1991 Code § 228-6]
Compliance with this code shall not constitute a defense against
any violation of any other ordinance of the Township applicable to
any structure or premises, nor shall any one act of compliance constitute
a defense against any subsequent or other violation of this code.
[1991 Code § 228-7; Ord. No. 02-28 § I(A)]
Every owner, operator or occupant shall comply with all of the
requirements of this chapter. No owner or operator shall be relieved
of any duty, obligation or responsibility hereunder, nor be entitled
to assert as a defense against any charge made against any owner for
violation of this code the fact that another owner, operator or any
other third person or entity is also responsible and in violation
thereof.
[1991 Code § 228-8]
Any alterations to buildings, structures or appurtenances thereto
or changes of use therein which may be caused directly or indirectly
by the enforcement of this code shall be done in accordance with all
applicable sections of the Building Code of the Township and the State
Uniform Construction Code.[1]
[1991 Code § 228-9]
Nothing contained in this code or any requirement of compliance
herewith shall be deemed to alter, impair or affect the application
of the Zoning Ordinance or zoning laws of the Township.
[1991 Code § 228-10]
Nothing contained in this code or any requirement of compliance
herewith shall be deemed to alter, impair or affect the application
of any and all applicable governmental health regulations, be they
State, County or municipal.
[1991 Code § 228-11]
Nothing in this code shall be deemed to abolish or impair existing
remedies of the Township or its officers or agencies relating to the
removal or demolition of any buildings or structures which are deemed
to be dangerous, unsafe or unsanitary.
[1991 Code § 228-12]
The exterior of all premises shall be kept free of the following
matter, materials or conditions:
a.
Refuse, as hereinabove defined.
b.
Rubbish, as hereinabove defined.
c.
Abandoned, uncovered or structurally unsound wells, shafts, towers,
exterior cellar openings, basement hatchways, foundations or excavations.
d.
Abandoned appliances, including iceboxes, refrigerators, boilers,
hot-water heaters, television sets and the like.
e.
Structurally unsafe or unsound buildings, structures or fences.
f.
Rodents, vermin, pest infestations or rodent harborages.
g.
Grass, weeds and the like in excess of 12 inches in height.
h.
Nuisances, as hereinabove defined.
[1991 Code § 228-13]
Without limitation by the foregoing, it shall also be the duty
and responsibility of owners and operators to keep all exposed surfaces
susceptible to decay at all times painted or otherwise provided with
a protective coating sufficient to prevent deterioration and to keep
the exterior of all premises structurally sound, in good general repair
and sufficiently maintained so as to prevent conditions that violate
the purposes of this chapter.
[Ord. No. 2015-25]
a.
Every creditor filing an action to foreclose on a mortgage of any
residential property within the Township of Springfield shall, within
10 days thereof, notify the Township Clerk for the Township in writing
by mail of said filing. (See N.J.S.A. 46:10B-51) The notice shall
also include the street address, lot and block number of the property,
and the full name and contact information of an individual located
within the State who is authorized to accept service on behalf of
the creditor.
The notice shall also contain the name and contact information
of the representative of the creditor who is responsible for receiving
complaints of property maintenance and code violations. In the event
the creditor that has served a summons and complaint in an action
to foreclose on a residential property is located out-of-state, the
notice shall also contain the full name and contact information 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.
b.
A creditor filing a summons and complaint in an action to foreclose
on a vacant and abandoned property, or a creditor who has previously
filed a summons and complaint to foreclose on a residential property
which subsequently becomes vacant and abandoned, shall within 30 calendar
days after the building becomes vacant and abandoned or within 30
calendar days after assuming ownership of the vacant and abandoned
property, whichever is earlier; or within 10 calendar days of receipt
of notice from the Township, and annually thereafter, file a registration
statement for such vacant and abandoned property with the Municipal
Clerk on forms provided by the Township for such purposes. Any failure
to receive notice from the Township shall not constitute grounds for
failing to register the vacant and abandoned property.
c.
Each vacant and abandoned property having a separate block and lot
number as designated in the official tax maps of the Township shall
be registered separately.
d.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years or older, designated by the creditor 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 creditor in connection with the enforcement of any
applicable code.
e.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the abandoned and vacant property. The individual
or representative of the firm responsible for maintaining the abandoned
and vacant 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.
f.
The registration shall remain valid for one year from the date of
registration except for the initial registration which shall be valid
through December 31st of the year in which it was filed. The creditor
shall be required to renew the registration annually as long as the
building remains vacant and abandoned and shall pay a registration
or renewal fee in the amount prescribed in paragraph j of this section
for each vacant and abandoned property registered.
g.
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 10 months prior to that date.
h.
The creditor shall notify the Municipal Clerk within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Municipal Clerk for
such purpose.
i.
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 Township against the creditor.
j.
Fee Schedule. The initial registration fee for each vacant and abandoned
property under the provisions of this section shall be $500. The fee
for the first annual renewal shall be $1,500 and the fee for the second
annual renewal shall be $3,000. The fee for any subsequent annual
renewal beyond the second renewal shall be $5,000.
[Ord. No. 2015-25]
a.
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Township shall be immediately
responsible for the care, maintenance, security and upkeep of the
exterior of the property, after the property becomes vacant and abandoned.
[Ord. No. 2015-25]
a.
The enforcement officers designated in Section 15-7, infra, shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township, if the enforcement officer determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of a vacant and abandoned property.
b.
Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to subsection 15-6.1a of this section (N.J.S.A. 46:10B-51).
c.
The notice referenced in paragraphs a and b of this subsection shall
require the creditor to correct the violation(s) within 30 days of
receipt of the notice, or within 10 days of receipt of the notice
if the violation presents an imminent threat to public health and
safety.
d.
The issuance of a notice pursuant to paragraphs a and b of this subsection
shall constitute proof that a residential property is vacant and abandoned
for the purposes of this section.
[Ord. No. 2015-25]
a.
A creditor subject to this section that is found by the Municipal
Court of the Township, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct a care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
this section shall be subject to a fine of $1,500 for each day of
the violation. Any fines imposed pursuant to this paragraph shall
commence 31 days following the service of the notice, except if the
violation presents an imminent risk to public health and safety, in
which case any fines shall commence 11 days following service of the
notice.
b.
An out-of-state creditor subject to this section that is found by the Municipal Court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to this section shall be subject to a fine of $2,000 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in subsection 15-6.1a for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served. (N.J.S.A. 40:49-5)
c.
A creditor subject to this section that is found by the Municipal Court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to register a vacant and abandoned property pursuant to this section shall be subject to a fine not exceeding $2,000. Any fines imposed on a creditor under this paragraph shall commence 11 days following receipt of notice from the Township pursuant to subsection 15-6.1b of this section.
d.
No less than 20% of any money collected pursuant to this section
shall be utilized by the municipality for Municipal Code enforcement
purposes.
[1991 Code § 228-14; Ord. No. 2015-25]
This chapter may be enforced by the Construction Code Official,
Zoning Officer, Health Inspector, Police Department and the Construction
Code Office of the Township.
[1991 Code § 228-15; Ord. No. 02-28 § I(A); Ord. No. 2015-25]
Whenever the Enforcement Officer determines that there is or
has been a violation of any provision of this chapter, the Officer
shall give notice of such violation to the person, persons or entities
responsible therefor under this chapter. Such notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is sent by registered or certified mail to the last
known address of the person or entity upon which the same is served,
as shown by the most recent tax lists of the Township, or if a copy
thereof is handed to the person or persons or a copy thereof is left
at the usual place of abode or office of the persons or entities.
Notice shall be given as aforesaid within or without the Township.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within 10 days of the date of service
of such notice (exclusive of the date of service), a summons shall
issue for such violation. The Enforcement Officer may, at the time
the officer issues the notice, extend the period for correction of
the violation stated in the notice for a period in excess of the aforesaid
10 days if, in the Officer's judgment, the abatement, removal, prevention,
cessation of or cure of the condition violated cannot reasonably be
effected within the ten-day period; and in such cases the Enforcement
Officer shall state such reasonably required extended period in the
notice, which shall then be applicable instead of the aforesaid 10
days. In the event the violation is not abated, removed, cured, prevented
or desisted from or otherwise fully remedied within the ten-day period
or within such extended period as set forth in the notice pursuant
to the foregoing, a summons shall then issue against the person, persons,
entity or entities so notified.
[1991 Code § 228-16; Ord. No. 02-28 § I(A); Ord. No. 2015-25]
Whenever the Enforcement Officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, the Officer may issue an order by service of notice as set forth in subsection 15-7.2 reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the Enforcement Officer any such person shall be afforded a hearing before the Governing Body of the Township as soon as is reasonably possible. After such a hearing and decision by the Governing Body as to the existence or nonexistence of the emergency condition, the Governing Body may continue such order in effect, or modify or withdraw it, subject to issuance of a summons for violation thereof if such order is continued.
[1]
Editor's Note: Subsection 15-7.4, Hardship Considerations
was deleted by Ord. No. 2015-25.
[1991 Code § 228-18; New; Ord.
No. 2015-25]
With the exception of the violations and penalties contained within subsection 15-6.4 of this chapter, any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, after a summons is issued under the terms hereof, upon conviction, be punished as follows:
[1991 Code § 228-19; Ord. No. 2015-25]
In any case where a provision of this code is found to be in
conflict with or inconsistent with a provision of any other ordinance
or code of this municipality which establishes a lower standard for
the promotion and protection of the safety, health and welfare of
the people, the provisions of this code shall prevail, and such other
ordinances or codes or parts thereof are hereby declared to be repealed
to the extent that they may be so found to be in conflict with this
code.
[1991 Code § 141-1; Ord. No. 2015-25]
It shall be unlawful for any owner, tenant or person to gather,
accumulate, keep or permit the gathering, accumulation or keeping
of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash, debris, litter, refuse, rubbish or any of the
articles on any land or in any place in the Township in such a manner
as to constitute a menace to public health, safety or general welfare
or to create a fire hazard.
[1991 Code § 141-2; Ord. No. 2015-25]
The owner, tenant or person having charge or control over the premises where any material has accumulated in violation of any provision of subsection 15-16.1 shall remove or cause the removal of the articles as provided in this chapter.
[1991 Code § 141-3; Ord. No. 2015-25]
a.
Enforcement. If any condition described in subsection 15-16.1 above is deemed to exist, it shall be the duty of the Chief of the Fire Department, appointed Fire Inspectors, the Health Officer, the Sanitarian and the Police Department of the Township, or any of them, to then give written notice to the owner of the premises or the tenant therein or the person having charge or control thereof, requiring the removal of the articles within 10 days after the service of the notice.
b.
Notice. Any notice mentioned herein may be served in person or by
mailing to the last known address of the respective owner or tenant
or person in charge. When the owner or person in charge does not reside
in the Township and when service is by mailing, then a copy of the
notice shall be posted on the same day as the mailing at the premises
where the condition exists. Failure to rectify the condition of which
notice is given within the period specified in the notice shall constitute
a violation hereunder.
[1991 Code § 141-4; Ord. No. 2015-25]
The Health Officer, the Zoning Officer, the Sanitarian, the
Fire Chief and appointed Fire Inspectors and the Police Department
are hereby designated enforcement officers of this section with full
power to make complaints and issue summonses for violations. The designation
herein contained shall not limit the capacity or authority of any
person or officer authorized to enforce this section or any similar
ordinance under any other ordinance or law.
[1991 Code § 141-5; Ord. No. 2015-25]
If the owner, tenant or person in charge shall fail to remove
the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash, debris or other articles within the time required
by the notice, then the Chief of the Fire Department and the Sanitary
Inspector or any officer stated hereinabove may remove or cause or
arrange for the removal of the articles. The officer causing the removal
shall keep an accurate account of the cost thereof and shall certify
the cost and expense to the Township Committee, which shall examine
the certification. If the Township Committee shall find the same correct,
the cost shall be charged against the lands upon which the articles
are located and from which they were removed. A statement of the cost
shall forthwith be furnished by the Township Clerk to the Collector
of Taxes, and the cost shall forthwith become a lien upon the lands
where the violation existed and shall be added to, become and form
part of the taxes next to be assessed and levied upon the lands, to
bear interest at the same rate as taxes, and the lien shall be collected
and enforced in the same manner as taxes, pursuant to the statutes
governing the subject matter.
[Added 7-14-2020 by Ord.
No. 2020-15]
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 (monopodial)
bamboo" or "clumping (sympodial) bamboo" upon any property located
within the Township. This prohibition shall include but is not limited
to the following plant genera:
[Added 7-14-2020 by Ord.
No. 2020-15]
a.
In the event any species commonly known as "running bamboo" or "clumping
bamboo" is located upon any property within the Township, prior to
the effective date of this section, 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 premises or public place.
b.
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the Township that the
bamboo which is on his/her property at the time of the adoption of
this section originated on another property.
c.
The failure to properly confine existing bamboo pursuant to this
section may require removal of the bamboo. The cost of any bamboo
removal shall be at the expense of the owner of the property from
which the bamboo originated.
[Added 7-14-2020 by Ord.
No. 2020-15]
[Added 10-13-2020 by Ord.
No. 2020-22]
Mulch may be purchased from the Department of Public Works,
when available, in accordance with the following fees:
