[1967 Code § 24-1; Ord. #77-679]
a.
Established; Composition. Pursuant to P.L. 1975, c. 217,[1] known as the "Uniform Construction Code Act of the State
of New Jersey," hereinafter referred to as "the Act," there is hereby
established in the Borough a State Uniform Construction Code enforcing
agency to be known as the "Uniform Construction Code Department of
the Borough of Oakland," consisting of a Construction Official, Building
Subcode Official, Plumbing Subcode Official, Electrical Subcode Official
and Fire Protection Subcode Official and one or more assistance staff
employees, which positions are hereby created. The Construction Official
shall be the chief administrator of the enforcing agency. He shall
have the power to overrule a determination of a subcode official,
based on an interpretation of a substantive provision of the subcode
which such subcode official administers, only if the Construction
Official is qualified to act pursuant to the Act as a subcode official
for such subcode. He may serve as subcode official of any subcode
which he is qualified under the Act to administer. A subcode official
or Municipal Engineer may serve as a Construction Official if otherwise
qualified under the provisions of the Act. Subcode officials or assistance
staff may be employed on a full- or part-time basis or hold other
positions within the Borough.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
b.
Qualification for Position. Each official position created in paragraph
a hereof shall be filled by a person by resolution of the Mayor and
Council in accordance with and as qualified for such position pursuant
to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23, provided that,
in lieu of any particular subcode official, an on-site inspection
agency may be retained by contract pursuant to N.J.A.C. 5:23. More
than one such official position may be held by the same person, provided
that such person is qualified, pursuant to P.L. 1975, c. 217, and
N.J.A.C. 5:23, to hold each such position.
c.
Location. The public shall have the right to do business with the
Uniform Construction Code Department of the Borough at its offices
located in the Municipal Building, except for emergencies and unforeseen
or unavoidable circumstances, during regular business hours.
d.
Powers and Duties. The reexamination and approval of applications
for permits and the expiration or cancellation of permits shall be
as follows:
1.
The enforcing agency shall examine each application for a construction
permit. If the application conforms with the Act, the code and the
requirements of other applicable laws, administrative regulations
and ordinances, it shall be deemed a completed application and the
enforcing agency shall approve the application and shall issue a construction
permit to the applicant. Every completed application for a construction
permit shall be granted, in whole or in part, or denied within 20
business days. If a completed application is denied in whole or in
part, the enforcing agency shall set forth the reasons therefor in
writing. If an enforcing agency fails to grants in whole or in part,
or deny a completed application for a construction permit within the
period of time prescribed herein, such failure shall be deemed a denial
of the application for purposes of an appeal to the Construction Board
of Appeals, unless such period of time has been extended with the
consent of the applicant in writing. The enforcing agency may approve
changes in plans and specifications when, so changed, they remain
in conformity with law.
2.
A construction permit, issued in accordance with the foregoing provisions,
pursuant to which no construction has been undertaken above the foundation
walls within one year from the time of issuance, shall expire. The
enforcing agency may suspend, revoke or cancel a construction permit
in case of neglect or failure to comply with the provisions of this
Act or the code or upon a finding by it that a false statement or
representation has been made in the application for the construction
permit.
3.
The enforcing agency shall have all other powers as enumerated in
the Act or administrative regulations adopted by reference thereto.
[1967 Code § 24-2B, C, and D; Ord. #77-679]
a.
Establishment; Composition. There is hereby established a Construction
Board of Appeals to hear appeals from decisions by the enforcing agency.
Such Board shall consist of five members. At least one Board member
shall be a licensed architect or engineer, and at least one Board
member shall be as qualified as a Plumbing Subcode Official, and one
as qualified as an Electrical Subcode Official. No more than two board
members shall be selected from the same business or profession. Each
Board member shall have had at least three years' experience in construction,
design or supervision as a licensed engineer or registered architect
or, in the alternative, five years' experience in construction, design
or supervision as an architect or engineer with a bachelor's degree
in architecture or engineering, respectively, from an accredited institution
of higher education, or, as a further alternative, 10 years' experience
in construction, design or supervision as a journeyman, in a construction
trade or as a construction contractor, subcontractor or inspector.
b.
Membership.
1.
The Mayor and Council shall appoint the Board members and any alternate
members. For the members first appointed, the Mayor and Council shall
designate the appointees' terms so that one shall be appointed for
a term of one year, one for a term of two years, one for a term of
three years and two or a term of four years. At the expiration of
such terms and thereafter, appointments shall be made for terms of
four years. Vacancies shall be filled for the unexpired term. All
terms shall be on a calendar-year basis. Members may be removed by
the Mayor and Council, after a hearing for good cause shown.
2.
The Mayor and Council shall appoint such number of alternates as
may be appropriate, for terms not to exceed four years, or may, in
the alternative, appoint alternates on a case-by-case basis.
3.
No regular or alternate Board member may be a member of the enforcing
agency, the decisions of which are subject to the review of the Board.
c.
The members of the Board of Appeals shall annually elect a Chairman
and Vice Chairman and a Secretary/Clerk who shall be a municipal employee
of the enforcing agency designated by the Construction Official, and
the Board of Appeals shall adopt bylaws governing its internal affairs
and operations in conformance with this section, the Act and the administrative
regulations adopted by reference thereto.
d.
All members of the Construction Board of Appeals shall serve without
compensation but shall be entitled to reimbursement for out-of-pocket
expenses incurred in the performance of their duties, and the Board
of Appeals shall be authorized to avail itself of the legal services
of the Borough Attorney as the need arises.
[1967 Code § 24-2E; Ord. #77-679]
a.
Procedure.
1.
Right of Appeal. Whenever the enforcing agency shall deny a completed
application for a construction permit, refuse or fail to act upon
a completed application for a construction permit, refuse to grant
a variation pursuant to Article 9 of the regulations hereof or make
any other decision pursuant or related to the Act or code, including
the assessment of any monetary penalties, an owner or his authorized
agent may appeal to the Construction Board of Appeals.
2.
Time. The application for appeal shall be taken within 20 days of
the receipt of written notice of the denial or other decision on the
application for a construction permit. Where no notice of denial has
been forthcoming, appeal may be taken within 20 days after the expiration
of 20 days from the time of filing of a completed application for
a construction permit.
3.
Application. The application for appeal shall be in writing, filed
with the Board, briefly setting forth the appellant's position. Such
application shall state the name and address of the appellant, the
address of the building or site in question and the permit number
and shall reference the specific sections of the code in question
and the extent and nature of the appellant's reliance on them. The
appellant may append to his written application any data or information
that he may deem appropriate to his cause. The enforcing agency shall
make available to the Board the full record of the application below,
which includes a detailed explanation of the reasons for the denial
of the appellant's request.
4.
Fee. The application for appeal shall be accompanied by a fee in
the sum of $50. An application for appeal shall not be considered
complete unless accompanied by the appeal fee.
5.
Extension of Time. The time for appeal may be extended upon application
to the Secretary of the Board and shall be in writing or may be extended
at any regular or special meeting of the Board by the affirmative
vote of a majority of the Board.
b.
Procedure of the Board.
1.
The Board shall meet upon notice of the Chairman or at stated periodic
meetings if warranted by the volume of work. The hearing shall be
recorded and copies made available upon request at the expense of
the requesting party.
2.
All hearings shall be open to the public. The appellant, his representative
or legal counsel and the enforcing agency, through the Construction
Official or the appropriate subcode official, shall be granted an
opportunity to be heard.
3.
When five qualified members are not present to consider a specific
appeal, either the appellant or the enforcing agency may request a
postponement of the hearing. If there is no such request for a postponement,
any decision made by the members present shall be binding and shall
be considered as a decision of the full Board. No meetings shall be
conducted unless there are at least three members of the Board present.
No specific combination of business or profession represented on the
Board need be present unless an affirmative vote of the members present
determines that such is necessary in the public interest.
4.
Any member of the Board of Appeals who shall not have been present
at any hearing or formal meeting of the Board of Appeals dealing with
any appeal shall be permitted to vote on any decision thereon, provided
that he has read the transcript or listened to the recording of all
previous proceedings on the appeal and certifies thereto as to the
date, time and place he did so.
c.
Decision of the Board.
1.
The Board shall hear the appeal, render a decision thereon and file
its decision, with a statement of the reasons therefor, with the enforcing
agency from which the appeal has been taken, not later than 10 business
days following the submission of the completed application for appeal,
unless such period of time has been extended with the consent of the
appellant. Such decision shall also be filed with the State Division
of Housing and Urban Renewal, Bureau of Housing Inspection, Attention:
Uniform Construction Code Appeals File, 363 West State, Trenton, New
Jersey 08625. Decisions of the Board shall be available for public
inspection at both the offices of the Bureau and the enforcing agency
during normal business hours.
2.
Such decision may affirm, reverse or modify the decision of the enforcing
agency or remand the matter to the enforcing agency for further action.
Whenever the Board shall reverse or modify the decision of the enforcing
agency, its statement of reasons therefor shall fully explain the
nature and extent of its disagreement with the enforcing agency.
3.
Decisions of the Board shall be by a concurring vote of three members.
Failure to secure three concurring votes shall be deemed a confirmation
of the decision of the enforcing agency. Any dissenting member may
attach a statement of reasons in opposition to the decision of the
Board.
4.
Every action of the Board shall be by resolution, and copies shall
be forwarded by certified or registered mail to the appellant or his
representatives.
5.
Failure by the Board to hear an appeal and render and file a decision
thereon, within the time limits prescribed in this subsection, shall
be deemed a denial of the appeal for the purposes of a complaint,
application or appeal to a court of competent jurisdiction.
6.
The enforcing agency shall take immediate action in accordance with
the decision of the Board, unless otherwise stayed by a court of competent
jurisdiction.
7.
Any party, including the enforcing agency, may, within 30 days, appeal
from the decision of the Board to a court of competent jurisdiction.
[Ord. #87-95, § 1; Ord. #89-157, § I;
Ord. #91-Code-219, § I; Ord. #91-Code-232, § I;
Ord. #99-Code-371, § I; Ord. #07-Code-549, § 1;
Ord. #08-Code-571, § I]
a.
The fee for a construction permit shall be the sum of the subcode
fees listed herein and shall be paid before the permit is issued:
1.
The building subcode fees shall be as follows:
(a)
New structure fees:
|
(1)
|
Use groups B, H, I-1, I-2, I-3, M, E, R-1, R-2, R and, U
|
|
Volume of bldg _____ cu. ft. x 0.060 = Volume fee
| |
|
(2)
|
Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1, S-2
|
|
Volume of bldg _____ cu. ft. x 0.040 = Volume fee
| |
|
(3)
|
Commercial Farm Bldg.
|
|
Volume of bldg _____ cu. ft. x 0.030 = Volume fee
| |
|
(4)
|
Use groups B, H, I-2, I-3, M, E, R and U
|
|
Minimum fee: $100.
|
(b)
Renovations, alterations, repair and minor work fees.
(1)
Estimated cost up to $50,000 $20 per $1,000.
(2)
Portion of cost over $50,001 $12 per $1,000.
(3)
For combination of work involving new structures and existing
structure work the sum of the fees are computed separately as renovations/alterations/repairs
and volume fees.
(4)
Installation or replacement of storage tanks up to 550 gallons
for R uses - Residential one and two family dwellings: $65.
(5)
Installation of underground storage tank: $100 per tank for
all other use groups.
(6)
Taking tank out of service, tank abandonment, altering the piping
or otherwise modifying any installation: $20 per $1,000 of estimated
cost of removal.
(7)
Installation of central air units: $20 per $1,000.
(8)
Installation, removal and or replacement of photovoltic, geothermic
producing systems: $20 per $1,000.
(9)
Minimum fee shall be: $65.
2.
Plumbing fees:
(a)
Total number of fixtures: $15 per fixture*.
*Fixtures to include all fixtures, pieces of equipment or appliances
connected to the plumbing system and for each appliance connected
to the gas piping or oil piping system, stacks and venting except
as indicated below:
(b)
Total number of special devices: ($65) per device**.
**Special devices include grease traps, oil separators, refrigeration
units, utility service connectors, backflow preventors (other than
R-3/R-4), steam boilers, hot water boilers (excluding those for domestic
water heating), active solar systems, sewer pumps, interceptors and
fuel oil piping.
(c)
Installation of central air conditioners: $65 per unit.
(d)
Minimum fee shall be: $65.
3.
Electrical fees:
(a)
Electrical fixtures and devices*: First 25 fee is $35.
(b)
Increments of 10 additional fixtures and devices*: $15.
*Fixtures and devices to be counted for these items include
lighting outlets, wall switches, smoke detectors, fluorescent fixtures,
convenience receptacles or similar fixtures and motors or devices
of 1 HP or 1 kW or less.
(c) through (f) For calculating the following electrical fees
all motors except, those plug-in appliances shall be counted including
control equipment, generators, transformers, and all heating, cooking
or other devices consuming or generating electrical current.
(c)
Each motor or electrical device greater than 1 HP and less than
or equal to 10 HP; and for transformers and generators greater than
1 kW and less than or equal to 10 kW fee is $20 each.
(d)
Each motor or electrical device greater than 10 HP and less
than or equal to 50 HP for each service panel, service entrance or
subpanel less than or equal to 200 amperes, and for all transformers
and generators greater than 10 kW and less than or equal to 45 kW
and for each utility load management device fee is $46 each.
(e)
Each motor or electrical device greater than 50 HP and less
than or equal to 100 HP; for each service panel, service entrance
or sub panel greater than 200 amperes and less than or equal to 1,000
amperes, and for each transformer or generator greater than 45 kW
and less than or equal to 112.5 kW fee is $92 each.
(f)
Each motor or electrical device greater than 100 HP; for each
service panel, service entrance or sub panel greater than 1,000 amperes,
and for each transformer or generator greater than 112.5 kW fee is
$457.
(g)
Installation of central air conditioning: $65 per unit.
(h)
Minimum fee shall be: $65.
6.
Fire equipment and hazardous equipment.
(a)
Smoke detectors, heat detectors and carbon monoxide detectors:
1-12 detectors: $65.
Each additional 10 detectors: $25 per increment of 10.
(b)
Sprinkler heads:
|
1 to 20 heads
|
$65
|
|
21 to 100 heads
|
$120
|
|
101 to 200 heads
|
$229
|
|
201 to 400 heads
|
$594
|
|
Over 400 heads
|
$900
|
(c)
Independent pre-engineered systems: $92 per system.
(d)
Gas or oil fired appliance: $65 per appliance.
(e)
Kitchen exhaust system: $65 per system.
(f)
Incinerators: $100 per incinerator.
(g)
Crematoriums: $365 per crematorium.
(h)
Fireplace installation or wood burning appliance: $65 per appliance.
(i)
Minimum fee shall be $65.
8.
Signs.
(a)
$2 per square foot of sign. (Double-faced signs fee will be
based on one side of face).
9.
Certificate of occupancy fees.
(a)
Fee shall be set in the amount of 10% of permit fees for new
structures, with minimum of $35 and maximum of $200.
(b)
The fee for a Certificate of Occupancy granted pursuant to a
change of use group shall be $200.
(c)
The fee for a Certificate of Continued Occupancy issued for
all uses except R-3 under N.J.A.C. 5:23-2.23c shall be $200.
10.
Variation.
(a)
The fee for an application for a variation in accordance with
N.J.A.C. 5:23-2.10 shall be $594 for Class I structures, $120 for
Class II structures, and $65 for Class III structures.
12.
Miscellaneous fees.
(a)
For cross connections, backflow preventors, public swimming
pools, spas and hot tubs that are subject to testing and require annual
inspections the fee shall be $45.
(b)
In the case of discontinuance of work all completed work will
be computed. Any excess work will be refunded except 25% of excess
for cost of permit fees and refunding.
(c)
All suspensions of permits pursuant to N.J.A.C. 5:23-2.16(b)
will not be refundable in whole or in part.
(d)
The replacement of residential one and two family dwelling mechanical
equipment shall be a total of $65 per fixture pursuant to fee schedule
as defined as plumbing fixtures, total for all subcodes combined.
(e)
Repeated failures by any subcode official that is determined
by the Construction Official, to be repetitious in nature for the
same work being done, may be subject to additional inspection fees
of $50 per inspection after three repeated failures to the work that
is being done that is within that subcode's jurisdiction.
b.
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Mayor and Council, biannually, a report
recommending a fee schedule based on the operation, expenses of the
agency and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
c.
In order to provide for the training certification and technical
support programs required by the Uniform Construction Code Act and
the regulations, the enforcing agency shall collect, in addition to
the fees specified above, the current per cubic foot of volume of
new construction fee established by the Bureau of Housing Inspection,
N.J. Department of Community Affairs. Said surcharge fee shall be
remitted to the Bureau of Housing Inspection, Department of Community
Affairs, on a quarterly basis, for the fiscal quarters ending September
30, December 31, March 31 and June 30, and not later than one month
next succeeding the end of the quarter for which it is due. The enforcing
agency shall report annually at the end of each fiscal year to the
Bureau of Housing Inspection, and not later than July 31, the total
amount of the surcharge fee collected in the fiscal year.
[1967 Code § 24-4; Ord. #77-679]
a.
For the purpose of control and use and construction of buildings,
there are hereby redesignated, as amended, fire limits, which shall
be subject to the terms and conditions of the Act and its duly adopted
administration regulations (N.J.A.C. 5:23) and which fire limits shall
comprise the following areas within the Borough:
b.
The Construction Official shall prepare and submit to the Borough,
biannually, a report reevaluating the delineation of the fire limits.
This report shall indicate the recommendations of the Construction
Official, the Building Subcode Official and the Fire Subcode Official
regarding those areas which should be designated as within the fire
limits, with the reasons therefor.
[1967 Code § 24-5; Ord. #77-679; New]
a.
Any person or corporation, including an officer, director or employee of a corporation, who does any of the following shall be subject to the General Penalty stated in Section 1-5 of this Code.
1.
Violates any of the provisions of the Act or rules promulgated thereunder.
2.
Constructs a structure or building in violation of a condition of
a building permit.
3.
Fails to comply with any order issued by an enforcing agency.
4.
Makes a false or misleading written statement or omits any required
information or statement in any application or request for approval
to an enforcing agency.
b.
Anyone who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building or structure pursuant to this Act or who unreasonably interferes with such an inspection shall be subject to the General Penalty stated in Section 1-5.
c.
With respect to paragraph a3 of this subsection, a person shall be
guilty of a separate offense for each day that he fails to comply
with a stop construction order validly issued by an enforcing agency
and for each week that he fails to comply with any other order validly
issued by an enforcing agency. With respect to paragraphs a1 and 4
of this subsection, a person shall be guilty of a separate offense
for each violation of any provision of the Act or rules promulgated
thereunder and for each false or misleading written statement or omission
of required information or statement made in any application or request
for approval to an enforcing agency. With respect to paragraph a2
of this subsection, a person shall be guilty of a separate offense
for each violation of the conditions of a construction permit.
d.
The above-mentioned penalties are subject to change through amendments
or supplements to the Act and/or the administrative regulations duly
adopted pursuant thereto. Payment of a money judgment pursuant hereto,
brought by the Municipality, shall be remitted to the Municipal Treasurer
of the Borough.
[1967 Code § 24-7; Ord. #77-679]
The powers enumerated in the Act shall be interpreted broadly
to effectuate the purposes thereof.
[1967 Code § 24-9; Ord. #77-679]
A copy of this, certified to be a true copy, shall be forwarded
by the Clerk of the Borough to the New Jersey Department of Community
Affairs as required by the Act, along with all requisite reports,
immediately upon passage.
[1967 Code § 50-1; Ord. #71-535]
Pursuant to the provisions of Chapter 21, P.L. 1946, as amended by Chapter 276, P.L. 1948, the New Jersey State Housing Code as approved by the Departments of Health and Environmental Protection and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this Municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this section and three copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
[1967 Code § 50-2; Ord. #71-535; New]
The Construction Official of the Borough is hereby designated
as the officer to exercise the powers prescribed by this section,
and he shall serve in such capacity without any additional salary.
[1967 Code § 50-3; Ord. #71-535; New]
The Construction Official of the Borough is authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Borough in order
that he may perform his duty of safeguarding the health and safety
of the occupants of dwellings and of the general public. For the purpose
of making such inspections, the Construction Official is authorized
to request permission to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units and premises. The
owner or occupant of every dwelling, dwelling unit and rooming unit,
or the person in charge thereof, shall give the Construction Official
free access to such dwelling, dwelling unit or rooming unit and its
premises during regular business hours or such other time as may be
agreed upon for the purpose of such inspection, examination and survey.
Every occupant of a dwelling or dwelling unit shall give the owner
thereof, or his agent or employee, access to any part of such dwelling
or dwelling unit, or its premises, at all reasonable times for the
purpose of making such repairs or alterations as are necessary to
effect compliance with the provisions of this section.
[1967 Code § 50-4; Ord. #71-535; New]
In the event that permission to enter and examine any dwelling,
dwelling unit, rooming unit or premises is denied, the Construction
Official may, upon affidavit, apply to the Judge of the Superior Court
of New Jersey, or such other Judge as may have authorization or jurisdiction
to issue search warrants, setting forth factually the actual conditions
and circumstances that provide a reasonable basis for believing that
a violation of any provision of this section may exist on the premises,
including one or more of the following:
a.
A written complaint has been signed by a resident stating that conditions
exist which, if true, would constitute a violation.
b.
He has made a visual inspection of the exterior of the building and
premises and such inspection indicates the likelihood that a violation
or violations do exist, setting forth what observations lead to such
a conclusion.
[1967 Code § 50-5; Ord. #71-535; New]
If the Judge to whom an application is made for the search warrant
is satisfied as to the matters set forth in the affidavit or affidavits,
and shall thereupon issue a search warrant permitting access to an
inspection of the premises in which a violation is suspected of occurring
or existing, the Construction Official may thereafter immediately
proceed to make such inspection and take such action as is otherwise
provided for herein.
[1967 Code § 50-6; Ord. #71-535; New]
Whenever the Construction Official determines that there are
reasonable grounds to believe that there has been a violation of any
provision of this section, he shall give notice of such alleged violation
to the person or persons responsible therefor as hereinafter provided.
Such notice shall:
a.
Be put in writing.
b.
Include a statement of the reasons why it is being issued.
c.
Allow a reasonable time for the performance of any act it requires.
d.
Be served upon the owner or his agent, or the occupant, as the case
may require; provided that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him personally; or if a copy thereof is sent
by registered mail to his last known address; or if a copy thereof
is posted in a conspicuous place in or about the dwelling affected
by the notice; or if he is served with such notice by any other method
authorized or required under the laws of this State.
e.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this section and with
rules and regulations adopted pursuant thereto.
[1967 Code § 50-7; Ord. #71-535]
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Building Committee of the Mayor and Council, provided such person shall file in the office of the Borough Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within five days after the day the notice was served. The filing of the petition shall serve to suspend compliance with the notice given pursuant to subsection 10-2.7 hereof until a hearing has been had based upon such petition as hereinafter set forth. Upon receipt of such petition the Building Committee shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application of the petitioner the Building Committee may postpone the date of the hearing for a reasonable time beyond such ten-day period if in its judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the Building Committee shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this ordinance and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Committee sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Clerk within five days after such notice is served. The proceedings at such hearing, including the findings and decision of the Building Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Building Inspector. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Building Committee may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this State.
[1967 Code § 50-8; Ord. #71-535; New]
Whenever the Construction Official finds that an emergency exists
which requires immediate action to protect the public health or safety,
he may, without notice or hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as he
deems necessary to meet the emergency. Notwithstanding the other provisions
of this section, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Building Committee shall be afforded a hearing
as soon as possible. However, there shall be no automatic suspension
of the order by reason of the filing of the petition of appeal. After
such hearing, depending upon its findings as to whether the provisions
of this section and the rules and regulations adopted pursuant thereto
have been complied with, the Building Committee shall continue such
order in effect, or modify it, or revoke it.
[1967 Code § 76-1; Ord. #82-960]
This section shall be known as the "Property Maintenance Code
of the Borough" and may be referred to in this section as the "Property
Maintenance Code".
[1967 Code § 76-2; Ord. #82-960]
The purpose of this section is to:
a.
Provide for the public heath, safety and welfare.
b.
Avoid, prevent and eliminate the maintenance or creation of hazards
to the public health or safety.
c.
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.
Prevent the creation, continuation, extension or aggravation of blight.
e.
Preserve property values in the Borough.
f.
Prevent the physical deterioration or progressive downgrading of
the quality of housing facilities in the Borough.
g.
Maintain the value and economic health of the commercial properties
and businesses that serve and help to support the Borough and its
citizens.
h.
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.
Establish minimum standards governing the maintenance and condition
of land, buildings, structures and premises in the Borough.
j.
Fix responsibilities and duties therefor upon owners, lessees, operators
and occupants of property.
k.
Provide for administration and enforcement.
l.
Fix penalties for the violation of this Code.
[1967 Code § 76-3; Ord. #82-960]
As used in this section:
Shall mean those portions of a building or 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.
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 Borough.
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 premises where such condition exists.
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including
but not limited to abandoned wells, shafts, basements, excavations
and unsafe fences or structures.
Any premises which are manifestly capable of being a fire hazard
or are manifestly unsafe or insecure as to endanger life, limb or
property.
Any premises which are unsanitary or which are littered with
rubbish or garbage or which have an uncontrolled growth of weeds.
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty in construction; overcrowded; open,
vacant or abandoned; damaged by fire to the extent as not to provide
shelter; or in danger of collapse or failure and is dangerous to anyone
on or near the premises.
Shall mean any person residing, living or sleeping in or
on the premises or having actual possession, use or occupancy of a
dwelling premises or rooming unit, or any person or entity in possession
of or using any premises, or part thereof, whether or not the owner
thereof and regardless of the duration of time of such possession,
use or occupancy.
Shall mean any person, persons or entity, not the owner,
who has charge, care or control of a dwelling or premises, or a part
thereof, with or without the knowledge, consent or authority of the
owner.
Shall mean any person, persons or entity who shall have legal
or equitable title in any form whatsoever to any premises, or part
thereof, with or without accompanying actual possession thereof, or
who shall have charge, care or control of any lot, premises, building,
structure, or part thereof, as owner or agent of the owner or as a
fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession,
regardless of how such possession was obtained. Any person, group
of persons or entity who is a lessee, sublessee or assignee of a lessee
of any part or all of any building, structure or land shall be deemed
to be a co-owner with the lessor for the purposes of this section
and shall have responsibility over the portion of the premises so
sublet, leased or assigned.
Shall mean a lot, plot or parcel of land or a right-of-way,
or multiples thereof, including the buildings 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, mineral matter, 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, abandoned, inoperative or unusable automobiles
and vehicles and solid commercial or industrial waste.
[1967 Code § 76-4; Ord. #82-960]
Every residential and nonresidential building, structure or
lot, on the premises or part of the premises on which it is situated
in the Borough, previously or presently used or intended to be used
for dwelling, commercial, business, recreational, service, transportation,
institutional, religious, charitable, quasi-public, professional or
industrial occupancy, and uses accessory thereto, shall comply with
the provisions of this section, whether or not any such building or
structure shall have been constructed, altered or repaired before
or after the enactment hereof and irrespective of any permits or licenses
which may have been issued for the use or occupancy of such building
or for the installation or repair of equipment or facilities prior
to the effective date hereof. Vacant lots, lands and premises are
also required to comply with the provisions of this section.
[1967 Code § 76-5; Ord. #82-960]
In any case where the provisions of this section impose a higher
or stricter standard than set forth in any other section or regulation
of the Borough 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 section impose a lower
or lesser standard then any other regulation or ordinance of the Borough
or of 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.
[1967 Code § 76-6; Ord. #82-960]
Compliance with this section shall not constitute a defense
against any violation of any other ordinance of the Borough applicable
to any structure or premises, nor shall any one act of compliance
constitute a defense against any subsequent or other violation of
this section.
[1967 Code § 76-7; Ord. #82-960]
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this section, and no such person
or entity shall be relieved of any such duty, obligation or responsibility
hereunder by, nor be entitled to assert as a defense against any charge
made against him or them for violation of this section, the fact that
another owner, operator or occupant or any other third person or entity
is also responsible therefor and in violation thereof.
[1967 Code § 76-8; Ord. #82-960]
Any alterations to buildings, structures or appurtenances thereto,
or change of use therein, which may be caused directly or indirectly
by the enforcement of this section shall be done in accordance with
all applicable sections of the Building Code of the Municipality.
[1967 Code § 76-9; Ord. #82-960]
Nothing contained in this section or any requirement of compliance
herewith shall be deemed to alter, impair or affect the application
of the Zoning Ordinance or other ordinances regulating land use of
the Municipality.
[1967 Code § 76-10; Ord. #82-960]
Nothing in this section shall be deemed to abolish or impair
existing remedies of the Municipality 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.
[1967 Code § 76-11; Ord. #82-960]
In furtherance of the purposes of this section, it shall be
the duty and responsibility of the owner, operator or occupant of
premises to comply with any or all of the requirements and standards
hereof, to keep the premises free of conditions which constitute violations
hereof and to promptly remove, prevent or abate such conditions.
[1967 Code § 76-12; Ord. #82-960]
a.
Scope. The provisions of this section shall govern the minimum conditions
for maintenance of exterior property, premises and structures. Premises
shall comply with the conditions herein prescribed insofar as they
are applicable.
b.
Responsibility. The owner of the premises shall maintain such structures and premises in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use premises which do not comply with the following requirements of this section. Without limitation by the following requirements of this section, it shall also be the duty and responsibility of owners, occupants or operators to keep the exterior of all premises structurally sound, in good general repair and sufficiently maintained, to an extent so as to prevent and avoid conditions that violate the purposes of this section, as hereinabove set forth in subsection 10-3.2.
c.
Vacant Structures and Land. All vacant structures, and premises thereof,
or vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety.
[1967 Code § 76-13; Ord. #82-960; Ord. #89-170,
§ 1; Ord. #91-Code-214, § 1; Ord. #03-Code-467,
§ I]
a.
Sanitation. All exterior property areas and premises shall be maintained
in a clean, safe and sanitary condition, free from any accumulation
of rubbish or garbage.
b.
Containers. The operator of every commercial and industrial establishment
producing garbage, vegetable wastes or other putrescible materials
shall provide, and at all times cause to be used, leakproof approved
containers, provided with close-fitting covers, for the storage of
such materials until removed from the premises for disposal.
c.
Grading and Drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water thereon or within
any structure located thereon.
d.
Paved Areas.
1.
In commercial and industrial areas, all driveways, parking areas,
loading areas, automobile service stations and drive-in food establishments
shall be paved with bituminous concrete or equivalent surfacing and
shall be free from dirt and other litter and kept in good repair.
Pavement which is severely cracked with a deteriorated surface, frost
heaved or with potholes shall be repaired. When lighted for nighttime
use, lights shall not be permitted to cast directly upon dwellings
nearby. All motor vehicles will park only on paved areas.
2.
In residential areas, all driveways of residents shall be constructed
with bituminous concrete or equivalent material or stone and shall
be kept in good repair and order and free of litter and debris.
e.
Traffic Safety Maintenance. All traffic-flow and control signs, whether
painted on pavement or vertical structures, shall be properly maintained
in a functional condition. Bent and leaning sign poles shall be replaced
and/or straightened. Painted directional and parking-bay strips shall
be maintained in a readable condition. Bent and broken traffic control
guardrails and fencing shall be replaced.
f.
Litter and Maintenance of Solid Waste Disposal Facilities. All industrial
and commercial sites shall be kept free from noticeable accumulation
of paper and solid waste debris. Common refuse storage areas shall
be kept in a clean and repaired state in full conformance with the
site plan provisions for such facilities. All parking areas, walkways,
sidewalks and pathways on industrial and commercial sites shall be
cleared of snow and ice within 24 hours of the end of any snow or
ice storm.
g.
Insect and Rat Control. An owner of a structure or property shall
be responsible for the extermination of insects, rats, vermin or other
pests in all exterior and interior areas of the premises. Whenever
infestation exists in the shared or public parts of the premises of
other than a single-family dwelling, extermination shall be the responsibility
of the owner.
h.
Public Areas. All sidewalks, steps, driveways, parking spaces and
similar paved areas for public use shall be kept in a proper state
of repair.
i.
Noxious Weeds. All areas shall be kept free from weeds or plant growth
which is noxious or detrimental to the public health and welfare.
j.
Exhaust Vents. A person shall not construct, maintain or operate
pipes, ducts, conductors, fans or blowers discharging gases, steam,
vapor, hot air, grease, smoke, odors or other gaseous or particulate
wastes so as to discharge directly upon abutting or adjacent public
and private property or that of another tenant.
l.
Prohibited Conditions. The exterior of all premises shall be kept
free of the following matter, materials or conditions:
1.
Abandoned, uncovered or structurally unsound wells, shafts, towers,
exterior cellar openings, basement hatchways, foundations or excavations.
2.
Abandoned iceboxes, refrigerators, heaters, television sets and other
similar major appliances.
3.
Animal excrement.
4.
Hidden or uncovered ground or surface hazards, such as holes, sudden
depressions, sharp or jagged projections or obstructions.
5.
Buried rubble, refuse or rubbish.
6.
Nuisances as hereinabove defined.
7.
Vehicles or parts thereof, including boats and trailers, motorized
or not, that are not licensed, registered or insured, as required
by State Law, for the current year, or vehicles or parts thereof that
are junked, abandoned, dismantled or are in a state of disrepair.
8.
Dangerously loose and overhanging objects, including but not limited
to dead trees or tree limbs, accumulations of ice or any object, natural
or man-made, which could threaten the health and safety of persons
if caused to fall or other similar dangerously loose and overhanging
objects, which, by reason of their location above ground level, constitute
an actual hazard to persons or vehicles in the vicinity thereof.
9.
Structurally unsound, loose, dangerous, crumbling, missing, broken,
rotten or unsafe exterior portions of buildings or structures, including
but not limited to porches, landings, balconies, stairways, handrails,
steps, walls, overhangs, roofs, fences, supporting members, timbers,
abutments, fire escapes, signs or loose, crumbling or falling bricks,
stones, mortar or plaster.
10.
Exterior surfaces or parts of buildings or structures containing
sharp, rough or projecting surfaces or objects which might cause injury
to persons coming in contact therewith.
11.
Broken glass or windows or rotted, missing or substantially destroyed
window frames and sashes, door frames, exterior doors or other major
exterior component parts of buildings or structures.
12.
No refuse or rubbish shall be placed at the curbside or property
line of any premises whether in receptacles or containers or not prior
to 6:00 p.m. prevailing time on the date prior to a scheduled garbage
collection.
13.
All garbage cans, containers and other receptacles for garbage, trash,
rubbish, and recyclables shall be promptly removed from the curbside
or property line of any premises after collection and not later than
9:00 p.m. prevailing time on the day of collection.
m.
Sidewalks. The owner or occupant of premises on which there is any
sidewalk shall maintain such sidewalk at all times in good repair
and passable condition.
[1967 Code § 76-15; Ord. #82-960]
a.
General. The exterior of a structure shall be maintained structurally
sound and sanitary so as not to pose a threat to the health and safety
of the occupants and so as to protect the occupants from the environment.
b.
Structural Members. All supporting structural members of all structures
shall be kept structurally sound, free of deterioration and maintained
capable of safely bearing the dead and live loads imposed upon them.
c.
Exterior Surfaces (foundations, walls and roof). Every foundation,
exterior wall, roof and all other exterior surfaces shall be maintained
in a workmanlike state of maintenance and repair and shall be kept
in such condition as to exclude rats.
d.
Foundation Walls. All foundation walls shall be maintained so as
to carry the safe design and operating dead and live loads and shall
be maintained plumb and free from open cracks and breaks, so as not
to be detrimental to public safety and welfare.
e.
Exterior Walls. Every exterior wall shall be free of holes, breaks,
loose or rotting boards or timbers and any other conditions which
might admit rain or dampness to the interior portions of the walls
or to the occupied spaces of the building. All exterior surface materials,
including wood, composition or metal siding, shall be maintained weatherproof
and shall be properly surface-coated when required to prevent deterioration.
f.
Roofs. The roof shall be structurally sound and tight and shall not
have defects which might admit rain, and roof drainage shall be adequate
to prevent rainwater from causing dampness in the walls or interior
portion of the building.
g.
Chimneys. All chimneys, cooling towers, smoke stacks and similar
appurtenances shall be maintained structurally safe, sound and in
good repair. All exposed surfaces of metal or wood shall be protected
from the elements and against decay or rust by periodic application
of weather-coating materials, such as paint, or similar surface treatment
where necessary.
h.
Stairs and Porches. Every stair, porch and balcony, and all appurtenances
attached thereto, shall be so constructed as to be safe to use and
capable of supporting the loads to which they are subjected and shall
be kept in sound condition and good repair.
[1967 Code § 76-15; Ord. #82-960; New]
a.
General. The interior of a structure and its equipment shall be maintained
structurally sound and in a sanitary condition so as not to pose a
threat to the health and safety of the occupants and to protect the
occupants from the environment.
b.
Structural Members.
1.
The supporting structural members of every building shall be maintained
structurally sound, not showing any evidence of deterioration which
would render them incapable of carrying the imposed loads.
2.
In every existing building used for business, industrial, mercantile
or storage occupancy, in which heavy loads or concentrations occur
or in which machinery is introduced, the owner or occupant shall cause
the weight that each floor will safely sustain to be calculated by
a registered architect or engineer and filed with the Construction
Official and, after such acceptance by the Construction Official,
posted on each floor in a conspicuous place.
c.
Lead-Based Paint. Lead-based paint with a lead content of more than
0.5% shall not be applied to any interior or exterior surface of a
dwelling, dwelling unit or child-care facility, including fences and
outbuildings at these locations. Existing interior and exterior painted
surfaces of dwelling units and child-care facilities that contain
an excess of 0.5% lead shall be removed or covered with paneling or
other suitable covering approved by the code official.
d.
Exit Doors. Every door available as an exit shall be capable of being
opened easily from the inside and without the use of a key.
e.
Stairs, Porches and Railings. Stairs and other exit facilities shall
be adequate for safety as provided in the Building Code.
f.
Exit Facilities. All interior stairs and railings and other exit
facilities of every structure shall be maintained in sound condition
and good repair by replacing treads and risers that evidence excessive
wear or are broken, warped or loose. Every inside stair shall be so
constructed and maintained as to be safe to use and capable of supporting
the anticipated loads.
[1967 Code § 76-16; Ord. #82-960; Ord. #84-25;
Ord. #86-72, § 2]
The provisions of this section shall be enforced by the enforcement
officer, who shall be the Construction Official and/or the Borough
Zoning Officer and/or the Health Officer with the assistance of the
Police Department, the Fire Prevention Bureau and the Health Department.
[1967 Code § 76-17; Ord. #82-960; Ord. #93-272,
§ 1]
Whenever the enforcement officer determines that there is or
has been a violation of any provision of this section, he shall give
notice of such violation to the person, persons or entities responsible
thereof under this section. 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 Municipality, or if a copy
thereof is handed to such person or persons or if a copy thereof is
left at the usual place of abode or office of such persons or entities.
Notice shall be given as aforesaid within or without the Municipality.
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
he issues the notice, extend the period for compliance with the violation
stated in the notice for a period in excess of the aforesaid 10 days
if, in his 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 that 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. This provision as to notice shall
not apply as to snow and ice removal.
[1967 Code § 76-18; Ord. #82-960]
Whenever the enforcement officer finds that an emergency condition in violation of this section exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in subsection 10-3.17, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this section, 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 Borough 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.
[Ord. #09-Code-599, § I]
Upon a conviction in the Municipal Court or in the event of
an emergency condition as previously defined, the Borough shall have
the right to abate the nuisance and/or offending condition as follows.
Where abatement of any nuisance, Property Maintenance Code violation,
correction of a defect in the premises or work necessary to place
the premises in a proper condition so as to conform to ordinances
of the Borough or applicable laws of the State of New Jersey requires
expending Borough monies, the Enforcement Official shall present a
report of work proposed to be done to accomplish the foregoing to
the Borough Administrator. Said report shall detail the proposed work
to be undertaken to correct the violation, the costs thereof, and
a history of enforcement actions undertaken to that date.
In the event that the property owner fails to voluntarily abate
the violation, the Borough Administrator may thereupon, subject to
proper identification of adequate funds, authorize the abatement of
the nuisance, correction of the defect or work necessary to place
the premises in proper condition and in compliance with this Code.
The Enforcement Official shall cause the correction of the violation
in an amount not to exceed that specified by the Borough Administrator,
and shall, upon completion thereof, submit a report of the monies
expended and costs to the Borough Administrator. After review of the
report, the Borough Administrator may approve the expenses and costs
and the Council shall adopt resolution indicating the cost to become
a lien against the premises, collectible as provided by law. A copy
of the report and resolution approving the expenses and costs, shall
be certified by the Borough Clerk and filed with the Tax Collector
of the Borough, who shall be responsible for the collection, and a
copy of the report and the expenditure shall be sent by certified
mail, return receipt requested, to the owner.
[1967 Code § 18-1; Ord. #80-884]
As used in this section:
Shall mean any building or structure or part thereof, whether
used for human habitation or otherwise, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the Rehabilitation Director charged with the enforcement
of this section.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean any housing authority or official who is in charge
of any department or branch of the government of the Borough, County
or State relating to health, fire, building regulations or to other
activities concerning buildings in the Borough.
[1967 Code § 18-2; Ord. #80-884]
It has been found and declared that there exist in the Borough
buildings which are so old, dilapidated or have become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation or occupancy or use and that the occupancy or use of such
buildings for any purpose is inimical to the health and safety of
the people of the Borough and that a public necessity exists for the
repair, closing or demolition of such buildings.
[1967 Code § 18-3; Ord. #80-884]
For the purposes of this section, the Construction Official
or such other person as the governing body may designate shall be
the Rehabilitation Director and shall have all the powers and perform
all the duties described in this section.
[1967 Code § 18-4; Ord. #80-884]
Whenever it appears that there exists in the Borough any building
which is unfit for human habitation or occupancy or use due to dilapidation,
disrepair, structural defect, increasing the hazards of fire, accidents
or other calamities, lack of adequate ventilation, light or sanitary
facilities or due to other conditions rendering such building unsafe
or unsanitary and dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents, the Director
shall, upon the filing of a petition by a public authority or by at
least five residents of the Borough charging that any building is
unfit for human habitation or occupancy or use or if it shall appear
to such Director on his own motion that any building is unfit for
human habitation or occupancy or use, the Director shall make a preliminary
investigation or cause such preliminary investigation to be made concerning
the basis for such charges.
[1967 Code § 18-5; Ord. #80-884]
a.
Buildings shall be considered unfit for human habitation or occupancy or use, within the meaning of subsection 10-4.4, when one or more of the following conditions are found to exist:
1.
Condition of Structure. The condition of the structure is such as
to make it unsafe or unsanitary through the presence of serious safety
hazards resulting from the need for major repairs to roof, walls,
ceilings, floors or stairs, or through the presence of serious health
hazards resulting from continuous dampness or exposures brought about
by neglect or dilapidation.
2.
Water Supply. Lack of potable running water within each dwelling
or lack of hot-water facilities available to each dwelling.
3.
Sewerage System. No connection between plumbing fixtures and adequate
sewage disposal system.
4.
Toilet Facilities. No flush toilet fit for use in each building.
5.
Bath Facilities. No bathtub or shower fit for use in each dwelling.
6.
Kitchen Facilities. Lack of permanent safe and reasonably efficient
kitchen facilities within each dwelling unit, including sink with
running water and provisions for a cooking stove.
7.
Lighting Facilities. Building inadequately wired for electricity.
8.
Heating Facilities. Heating facilities inadequate or unsafe.
9.
Light and Ventilation. Living room, bedroom or kitchen with no windows,
or with windows opening on an airshaft, or toilet or bathroom without
adequate ventilation.
[1967 Code § 18-6; Ord. #80-884]
If a preliminary investigation shall disclose to the Director
a basis for the charges filed, he shall issue and cause to be served
upon the owner of and parties in interest in such building a complaint
stating the charges in that respect. The complaint shall also contain
a notice that a hearing will be held before him at a place therein
fixed not less than seven nor more than 30 days after the serving
of the complaint.
[1967 Code § 18-7; Ord. #80-884]
The owner and parties in interest shall have the right to file
an answer to the complaint and to appear in person, by counsel or
otherwise an give testimony at the time and place fixed in the complaint.
[1967 Code § 18-8; Ord. #80-884]
The rules of evidence prevailing in the courts shall not be
controlling in hearings before the Director.
[1967 Code § 18-9; Ord. #80-884]
The Director may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Borough. Such conditions may include, without limiting the generality of the foregoing, defects increasing the hazards of fire, accidents or other calamities, lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness and the conditions set forth in subsections 10-4.4 and 10-4.5.
[1967 Code § 18-10; Ord. #80-884]
When, after such notice and hearing, the Director determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state, in writing, his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof, and the parties in interest, an order, as
follows:
a.
Requiring the repair, alteration or improvement of the building to
be made by the owner, within a reasonable time, which shall in no
event exceed 90 days from the order, which time shall be set forth
in the order, or, at the option of the owner, to vacate or have the
building vacated and closed within the time set forth in the order.
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, then the owner shall be required to remove or demolish
the building within a reasonable time to be specified in the order.
[1967 Code § 18-11; Ord. #80-884]
a.
Placarding. If the owner fails to comply with an order to repair,
alter or improve or, at the option of the owner, to vacate and close
the building to be repaired, altered or improved, or to be vacated
and closed, the Director shall cause to be posted on the main entrance
of any building so closed a placard with the following words: "This
building is unfit for human habitation or occupancy or use; the use
or occupation of this building is prohibited and unlawful".
b.
Removal by the Borough. If the owner fails to comply with an order
to remove or demolish the building, the director may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement and after receipt of bids therefor, as
required by law.
[1967 Code § 18-12; Ord. #80-884]
a.
The amount of the cost of filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceeding taken under this section determined in favor of the
Borough and such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, when done by the director,
shall be a municipal lien against the real property upon which such
cost was incurred.
b.
If the building is removed or demolished by the Director, he shall
sell the materials of such building and shall credit the proceeds
of such as against the costs of the removal or demolition, including
the clearance and, if necessary, leveling of the site, and any balance
remaining shall be deposited in the Superior Court of New Jersey,
Chancery Division, by the Director, shall be secured in such manner
as may be directed by such Court and shall be disbursed by such Court
to the persons found to be entitled thereto by final order or decree
of such Court. Any owner or party in interest may, within 30 days
from the date of the filing of the lien certificate, proceed in a
summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
c.
Nothing in this subsection shall be construed to impair or limit
in any way the power of the Municipality to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise, nor is anything in this section intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.)
or any rules or regulations adopted thereunder.
[1967 Code § 18-13; Ord. #80-884]
Complaints, notices and orders issued by the Director, pursuant
to this section, shall be served upon persons either personally or
by registered mail. If the whereabouts of such persons is unknown
and the same cannot be ascertained by the Director in the exercise
of reasonable diligence, and the Director shall make an affidavit
to that effect, then the serving of such complaint, notice or order
upon such persons may be made by publishing the same once in a newspaper
printed and published in the Borough. A copy of such complaint, notice
or order shall be duly recorded or lodged for record with the County
Clerk of Morris County.
[1967 Code § 18-14; Ord. #80-884]
In addition to the powers herein granted to the Director, he
shall also have the following powers:
a.
To investigate the building conditions in the Borough in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
b.
To administer oaths and affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d.
If any actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Director may, after taking such measures as may be necessary to
make such building temporarily safe, seek a judgment in summary proceedings
for the demolition thereof.
[1967 Code § 18-15; Ord. #80-884]
Any person aggrieved by an order issued by the Director may
bring a court action pursuant to N.J.S.A. 40:48-2.8.
[1967 Code § 18-16; Ord. #80-884]
Every building which shall have been damaged by fire or other
cause so as to be dangerous by reason of the bad condition of walls,
floors, construction or otherwise, shall be held to be unsafe, and
the Director, besides proceeding as hereinabove provided, shall also
fix a notice of the dangerous character of the structure to a conspicuous
place on the exterior of the building.
[1967 Code § 18-17; Ord. #80-884]
The remedies herein provided shall be exclusive remedies, and
no person affected by an order of the Director shall be entitled to
recover any damages for action taken pursuant to an order of the Director
or because of noncompliance by such person with any order of the Director.
[1967 Code § 18-18; Ord. #80-884]
Nothing in this section shall be construed to abrogate or impair
the powers of the courts or of any department to enforce any provisions
of any charter or its ordinances or regulations, nor to prohibit or
punish violations thereof; and the powers conferred by this section
shall be in addition and supplemental to the powers conferred by any
other law or ordinance.
[Ord. #60-0-314; 1967 Code § 94]
On and after the effective date of this section no individual,
firm, copartnership or corporation shall construct within the Borough,
nor maintain or operate within the Borough, any private open swimming
pool, except as herein provided.
[Ord. #60-0-314; 1967 Code § 94-2; New]
An application for a permit to construct a private swimming
pool shall be made to the Construction Official and shall include
final plans, specifications and reports, as may be required, essentially
comprised of the following data:
a.
Detailed plot plan of the entire property showing existing buildings
and proposed pool drawn to scale, with pertinent dimensions and grade
elevations shown in figures at pool, building and property lines.
The plot plan shall be signed by the owner or his agent or a duly
licensed engineer or registered architect or land surveyor of New
Jersey.
b.
Pool layout, construction and dimensions, including piping arrangement,
pumps and all other pool appurtenances.
c.
Details of disposal facilities for filter, wastewater and provisions
for emptying of pool.
d.
Specifications for construction of pool shall accompany all detailed
plans and final reports.
[Ord. #60-0-314; 1967 Code § 94-3; Ord. #68-484;
Ord. #75-637; New]
a.
Upon compliance with all provisions of this section and upon approval
by the Construction Official of the final plans, specifications and
reports, together with the data contained therein, a permit shall
be issued for the location and construction so requested upon payment
of a fee of $0.05 per square foot of surface area with a minimum fee
of $25.
[Ord. #60-0-314; 1967 Code § 94-4; Ord. #73-579;
Ord. #13-Code-688 § 2]
An open swimming pool shall not be located and constructed or
altered by any person until a building permit for same shall be issued
by the Construction Official and shall be subject to the following
provisions:
a.
The pool shall be suitably designed and located so as not to become
a nuisance or hazard to adjacent property owners or the public.
b.
(Reserved)
c.
(Reserved)
d.
Hereafter all permanent-type in-ground swimming pools shall be completely
enclosed with a chain-link fence or secure enclosure of equal or durable
construction with self-closing gates. The fence shall be no less than
four feet nor more than six feet in height. Every gate of such fence
shall be kept securely locked at all times when the pool is not in
use.
e.
Use of the pool is to be for a single private family and the owner's
social guests.
f.
The pool must be of permanent-type construction. Uncovered sand or
earth bottoms shall not be permitted. This section does not govern
nor regulate a portable wading pool, provided, however, that all the
parts for such pool are portable and no part of it is permanently
installed.
g.
The immediate area surrounding the pool shall be designed to slope
away from the pool so that all surface water will drain away from
the pool.
h.
A cross connection between the pool and the public water system shall
not be permitted. A fill pipe, if used, must be a minimum of two pipe
diameters above the rim of the pool. A fill line is not required and
the pool may be filled with a hose.
i.
A bathhouse is not required. Any such construction, including a screened
enclosure, must conform to accessory building construction defined
and governed by the Building Code and Zoning Ordinance of the Borough.
j.
No floodlights or lights shall be maintained in such a manner that
the source of light is visible from a public street or neighboring
property.
[Ord. #60-0-314; 1967 Code § 94-5]
It shall be unlawful for any person to make, continue or cause
to be made or continued at any such swimming pool any loud, unnecessary
or unusual noise or any noise which annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others.
[1967 Code § 94-7; Ord. #68-484]
This section shall, except as otherwise hereinafter provided for, be intended to apply to swimming pools constructed inside private residential dwellings. The provisions of subsection 10-5.4, paragraphs b, c, d and g shall not be applicable to pools constructed inside private residential dwellings. All doors leading from the room or area of the dwelling in which such pool is located to the outside of the residence shall be secured with key locks.
[Ord. #56-0-266; 1967 Code § 65-1]
A system is hereby established with respect to the assignment
and allotment of official street numbers to lands fronting upon the
various streets in the Borough.
[Ord. #56-0-266; 1967 Code § 65-2]
The street numbers shall be assigned and allotted to the owners
of the lands by the Borough Engineer or such other person as may be
designated by resolution of the Mayor and Council. The street numbers
shall be assigned and allotted as nearly as possible at twenty-five-foot,
fifty-foot or sixty-foot intervals depending upon the individual average
frontages of the lots in the areas wherein previous owners have subdivided
their lands. The numbers shall be placed upon a map of the present
and future tax-assessment maps of the Borough and thereafter all persons
shall take due notice thereof. The Borough Engineer or other such
person as may be designated shall have the power and duty of correcting
any errors in connection with the assignment or allotment of street
numbers as and when they are discovered.
[Ord. #56-0-266; 1967 Code § 65-3]
Upon the acceptance and dedication of new streets within the
Borough, official street numbers shall be assigned and allotted in
the same manner as herein set forth with respect to existing streets.
[Ord. #56-0-266; 1967 Code § 65-4]
In all cases where numbers are or hereafter shall be placed
on the map by the Borough Engineer or the person who may be designated
to allot the numbers, it shall be the duty of such owner or owners
to apply to the Borough Engineer or the person to whom the matter
has been designated for the correct number for the plot in which the
persons are interested as the same is designated on the map and revisions
thereof, and upon the application the Borough Engineer or the person
to whom such matter has been referred shall furnish to the applicant
the correct number of applicant's property.
[Ord. #56-0-266; 1967 Code § 65-5; Ord. #93-277,
§§ 1, 2]
a.
Each owner or occupant of any dwelling or place of business or industry
now existing or hereafter erected which abuts a public street or highway
shall immediately number said dwelling, place of business or industry
with its correct number.
b.
The number may be written in English or in Arabic numerals. Commencing
January 1, 1994, the number, if written, shall be at least four inches
in height. If in Arabic numerals, each numeral shall measure at least
four inches in height. No written number or Arabic numeral shall exceed
one foot in height or width.
c.
The number shall be located in a position clearly visible from the
public street or highway.
d.
The number shall be affixed on the building, a permanently installed post or pole, or on a sign which is permitted on the property pursuant to the provisions of Section 59-63 et seq. of the Borough Land Use and Zoning Ordinance.
e.
The number shall be either painted or made of metal, wood or other
permanent material. The condition of the number and the property shall
be maintained so that its visibility from the public street or highway
is not diminished or impaired.
f.
Property owners or occupants whose property is numbered in writing
or in Arabic numerals on the effective date of this subsection shall
not be required to comply with the provisions of paragraph b hereof
unless they determine to replace their written or Arabic numerals
or upon the sale of their property or a change in occupancy in a commercial
or industrial building, whichever comes first. A Continued Certificate
of Occupancy shall not issue for any property that is not numbered
in accordance with the provisions of this subsection.
[Ord. #56-0-266; 1967 Code § 65-6]
No subdivision of land shown upon the map shall be approved
by the Planning Board unless the applicant shall first apply to the
Borough Engineer, or the person to whom the matter of allotting numbers
has been referred, and receive from him the correct number of each
parcel of land shown upon the subdivision map. The number so furnished
shall be placed upon the map in accordance with such designation.
Upon approval of such subdivision map and the filing thereof, the
approved map shall for the purpose of this section be a supplement
to the street-number map.
[Ord. #56-0-266; 1967 Code § 65-7]
If the owner or owners of any dwelling or place of business
or industry shall fail or neglect to number or cause premises to be
numbered, in conformity with this section, it shall be the duty of
the Borough Engineer or the person to whom this matter has been referred
to cause the correct number to be placed upon such building at the
expense of the owner or owners. Any person, firm, partnership or corporation
violating any provisions of this section shall, upon conviction thereof,
be subject to a fine not exceeding $25 or imprisonment of five days,
or both, in the discretion of the Judge.
[Ord. #88-129, § 1]
Smoke detectors shall be installed in each dwelling unit as
defined in N.J.S.A. 55:13A-3 upon the sale, rental, transfer or lease
of any dwelling unit in the Borough of Oakland.
Each dwelling unit sold, rented, transferred, or leased shall
have a minimum of one smoke detector on each level floor area separated
by three or more risers from another floor area shall be considered
a separate level. Where a basement exists, a smoke detector shall
be installed on the basement ceiling.
Smoke detectors shall not be required in an unoccupied attic.
In order to achieve compliance with this act, smoke detectors are
required to be approved by the "Underwriter s Laboratories" or "Factor
Mutual Research Corp.
Alarm signals from the smoke detectors shall be clearly audible
in all rooms on the level on which the smoke detector is installed
when all intervening doors are closed.
Smoke detectors shall be powered by either battery or electricity.
The installation of the smoke detectors shall be governed by the applicable
sections of the National Fire Protection Association (NFPA) Standards
No. 72E or 74.
[Ord. #88-129, § 2]
Sellers, transferrers or lessors of all dwelling units subject
to this section shall be responsible for the correct installation
and maintenance of smoke detectors.
The owner of a rental unit shall, at the time of installation
of smoke detector and thereafter at the commencement of each tenancy,
provide to the tenant at least one copy of written instructions on
the operation, maintenance and testing of the smoke detector, including
the replacement of the battery operated units.
The owner of each rental unit shall be responsible for the proper
maintenance of the smoke detectors including the replacement of batteries,
repair or replacement of the unit in accord with the standards hereinabove
set forth.
[Ord. #88-129, § 3]
Upon the sale of a one- or two-family residence or the rental,
lease or transfer of any dwelling unit, the seller, landlord or transferrer
is required to obtain from the Borough of Oakland Fire Prevention
Bureau, a smoke detector compliance certificate certifying that the
property is in compliance with the provisions of this section.
[Ord. #88-129, § 4]
The fee for the smoke detector compliance certificate shall
be $25. Applications for smoke detector compliance certificates shall
be submitted to the Borough of Oakland Fire Prevention Bureau with
the application fee prepaid. Within 10 business days of the receipt
of such application, the Fire Prevention Bureau of the Borough of
Oakland shall inspect the premises to determine whether the same complies
with the terms of this section.
[Ord. #90-188, §§ I - IV]
a.
Requirements. A supervised smoke detector system shall be installed
and maintained in all existing and new installations of trash compactor
units in or attached to commercial or industrial buildings not otherwise
regulated by the State Fire Prevention Code within 30 days of final
passage and publication.
b.
Responsibility. The owner and/or tenant of a building subject to
paragraph a of this subsection shall be responsible for the correct
installation of the supervised smoke detector system.
c.
Inspection. Upon installation of a trash compactor unit subject to
paragraph a of this subsection, the Fire Prevention Bureau of the
Borough of Oakland shall inspect and supervise and supervise a test
of the smoke detector system.
d.
Maintenance and Testing. It shall be the responsibility of the owner
and/or tenant in charge of said compactor unit to maintain or cause
to be maintained the smoke detector system in accordance with Article
(4) of the "State Fire Prevention Code."
[Ord. #03-Code-466, § I]
It is the purpose of this section to implement the provisions
of P.L. 2003, c. 114, which authorizes the governing body of a municipality
to adopt an ordinance imposing a tax at a uniform percentage rate,
not to exceed 1% on charges of rent for every occupancy on or after
July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges
of rent for every occupancy on or after July 1, 2004, of a room or
rooms in a hotel subject to taxation pursuant to subsection (d) of
section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3), which shall be
in addition to any other tax or fee imposed pursuant to statute or
local ordinance or resolution by any governmental entity upon the
occupancy of a hotel room.
[Ord. #03-Code-466, § 1]
There is hereby established a hotel and motel room occupancy
tax in the Borough of Oakland, which shall be fixed at a uniform percentage
rate of 1% on charges of rent for every occupancy of a hotel or motel
room in the Borough on or after July 1, 2003, but before July 1, 2004,
and 3% on charges of rent for every occupancy of a hotel or motel
room in the Borough on or after July 1, 2004, of a room or rooms in
a hotel subject to taxation pursuant to subsection (d) of section
3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax).
[Ord. #03-Code-466, § I]
The hotel and motel room occupancy tax shall be in addition
to any other tax or fee imposed pursuant to statute or local ordinance
or resolution by any governmental entity upon the occupancy of a hotel
room.
[Ord. #03-Code-466, § I]
In accordance with the requirements of P.L. 2003, c. 114:
a.
All taxes imposed by this section shall be paid by the purchaser.
b.
A vendor shall not assume or absorb any tax imposed by this section.
c.
A vendor shall not in any manner advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the tax will be assumed or absorbed by the vendor, that the tax
will not be separately charged and stated to the customer, or that
the tax will be refunded to the customer.
d.
Each assumption or absorption by a vendor of the tax shall be deemed
a separate offense and each representation or advertisement by a vendor
for each day that the representation or advertisement continues shall
be deemed a separate offense.
e.
The penalty for violation of the foregoing provisions shall be a
fine not exceeding $1,250, a term of imprisonment not exceeding 30
days or a period of community service for a period not exceeding 30
days, or any combination thereof, for each offense.
[Ord. #03-Code-466, § I]
The tax imposed by this section shall be collected on behalf
of the Borough by the person collecting the rent from the hotel or
motel customer. Each person required to collect the tax herein imposed
shall be personally liable for the tax imposed, collected or required
to be collected hereunder. Any such person shall have the same right
in respect to collecting the tax from a customer as if the tax were
a part of the rent and payable at the same time, provided that the
Chief Financial Officer of the Borough shall be joined as a party
in any action or proceeding brought to collect the tax.
[Added 11-13-2019 by Ord.
No. 19-Code-797]
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ARTICLE I
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REGISTRATION OF ABANDONED PROPERTY
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It is the purpose and intent of the Mayor and Council to establish
a process to address the deterioration and blight of Borough neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the Borough, and to identify, regulate,
limit and reduce the number of abandoned properties located within
the Borough.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any real property located in the Borough, whether vacant
or occupied, that is in default on a mortgage, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, is subject
to an application for a tax deed or pending tax assessor's lien
sale, or has been transferred to the lender under a deed in lieu of
foreclosure. The designation of a property as "abandoned" shall remain
in place until such time as the property is sold or transferred to
a new owner, the foreclosure action has been dismissed, or any default
on the mortgage has been cured.
A property that is accessible through a comprised/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.
Includes, but is not limited to, the Code of the Borough
of Oakland and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties;
Properties cited for a public nuisance pursuant to provisions
of applicable codes; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by applicable codes.
Any law enforcement officer, Code Enforcement Official, Zoning
Officer, fire inspector or building inspector, or other person authorized
by Oakland to enforce the applicable code(s).
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.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
The remedies set forth in this article shall be considered cumulative
and not superseding or subject to any other law or provision for same,
but rather shall be an additional remedy available to the Borough
above and beyond any other state, county or local provisions for same.
a.
Any mortgagee who holds a mortgage on real property located within
the Borough shall perform an inspection of the property to determine
vacancy or occupancy, upon default by the mortgagor. The mortgagee
shall, within 10 days of the inspection, register the property with
the Construction Enforcement Department, on forms provided by the
Construction Enforcement Department, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
b.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or its designee monthly until the mortgagor or other
party remedies the default, or it is found to be vacant or shows evidence
of vacancy. If the property is found to be vacant or shows evidence
of vacancy, the mortgagee shall, within 10 days of that inspection,
update the property registration to a vacancy status on forms provided
by the Construction Enforcement Department.
c.
Registration pursuant to this section shall contain the following
information for the mortgagee, the owner and the occupant (if any):
the name, the mailing address, a direct contact name and telephone
number, facsimile number and email address. The application shall
also contain the block and lot, and the name and twenty-four-hour
contact telephone number of the property management company responsible
for the security and maintenance of the property, if any.
d.
A nonrefundable annual registration fee in the amount of $400 for
the initial year or portion thereof per property shall accompany the
registration form. The annual fee shall be $800 for the second year
of registration, and $1,600 for each year of registration thereafter.
The annual registration fee shall be due on January 1 of each subsequent
year as long as the property remains abandoned.
e.
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
under a deed in lieu of foreclosure/sale.
f.
Properties shall comply with the requirements of this article, including,
but not limited to, registration requirements, and the inspection,
security and maintenance requirements, as long as they remain abandoned,
as defined herein.
g.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
h.
If a property is no longer abandoned, as defined herein, within 10
days of the change, the person or legal entity that has registered
the property shall notify the Code Enforcement Official and the property
shall no longer be considered abandoned for purposes of this article.
i.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form to reflect a change of circumstances
as required by this article is a violation of the article and shall
be subject to enforcement.
j.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Borough may
take the necessary action to ensure compliance with this article and
place a lien on the property for the cost of the work performed to
benefit the property and bring it into compliance.
a.
Properties subject to this article shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
b.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
c.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
d.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
e.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
f.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
g.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable code(s) and issuance of
a summons in accordance with this article.
h.
In addition to the requirements above, the property is required to
be maintained in accordance with the applicable code(s).
a.
Properties subject to the requirements of this article shall be maintained
in a secure manner so as not to be accessible to 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.
c.
If a mortgage on a property is in default, and the property has become
vacant or 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 article, and any other applicable laws.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Borough.
Any person who shall violate the provisions of this article
shall, upon conviction, pay a fine not to exceed $2,000.
a.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety and welfare, the Code Enforcement Official
may temporarily secure the property at the expense of the mortgagee
and/or owner.
b.
If the mortgagee does not reimburse the Borough for the cost of temporarily
securing the property, or of any abatement directed by the Code Enforcement
Official, within 30 days of the Borough sending the mortgagee the
invoice, then the Borough may impose a lien against the property for
such cost, along with an administrative fee of $500 to recover the
administrative personnel services.
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ARTICLE II
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ABANDONED PROPERTY LIST
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a.
Except as provided in N.J.S.A. 55:19-83, any property that has not
been legally occupied for a period of six months and which meets any
one of the following additional criteria may be deemed to be abandoned
property upon a determination by the Code Enforcement Official that:
1.
The property is in need of rehabilitation in the reasonable judgment
of the Code Enforcement Official, and no rehabilitation has taken
place during that same six-month period;
2.
Construction was initiated on the property and was discontinued prior
to completion, leaving the building unsuitable for occupancy, and
no construction has taken place for at least six months as of the
date of a determination by the Code Enforcement Official;
3.
At least one installment of property tax remains unpaid and delinquent
on that property as of the date of a determination by the Code Enforcement
Official; or
4.
The property has been determined to be a nuisance by the Code Enforcement
Official, in accordance with N.J.S.A. 55:19-82, for one or more of
the following reasons:
(a)
The property has been found to be unfit for human habitation,
occupancy or use pursuant to N.J.S.A. 40:48-2.3;
(b)
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
(c)
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so;
(d)
The presence of vermin or the accumulation of debris, uncut
vegetation or physical deterioration of the structure or grounds have
created potential health and safety hazards and the owner has failed
to take reasonable and necessary measures to remove the hazards; or
(e)
The dilapidated appearance or other condition of the property
materially affects the welfare, including the economic welfare, of
the residents of the area in close proximity to the property, and
the owner has failed to take reasonable and necessary measures to
remedy the conditions.
b.
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 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 months
at the time of the determination of abandonment by the Code Enforcement
Official.
a.
The Code Enforcement Official shall identify abandoned property within
the Borough of Oakland for the purpose of establishing an abandoned
property list. The abandoned property list shall include, for each
abandoned property identified, the tax block and lot number, the name
of the owner of record, if known, and the street address of the lot.
The Code Enforcement Official may add properties to the abandoned
property list at any time, and may delete properties at any time when
he or she finds that the property no longer meets the definition of
an abandoned property.
b.
An abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of rehabilitation
work authorized by those permits. A property on which an entity other
than the Borough of Oakland has purchased or taken assignment from
the Borough of a tax sale certificate which has been placed on the
abandoned property list may be removed if the owner of the certificate
pays all municipal taxes and liens due on the property within 30 days
after the property is placed on the list; provided, however, that
if the owner of the certificate fails to initiate foreclosure proceedings
within six months after the property was first placed on the list,
the property shall be restored to the abandoned property list in accordance
with the provisions of N.J.S.A. 55:19-103.
c.
The Code Enforcement Official shall establish the abandoned property
list and any additions or deletions thereto by authorizing the publication
of the list in the official newspaper of the Borough, which publication
shall constitute public notice, and, within 10 days after publication,
shall send a notice, by certified mail, return receipt requested,
and by regular mail, to the owner of record of every property included
on the list. The published and mailed notices shall identify property
determined to be abandoned, setting forth the owner of record, if
known, the tax lot and block number and street address. The Code Enforcement
Official, in consultation with the Tax Collector, shall also send
out a notice by regular mail to any mortgagee, servicing organization,
or property tax processing organization that receives a duplicate
copy of the tax bill pursuant to N.J.S.A. 54:4-64(d). When the owner
of record is not known for a particular property and cannot be ascertained
by the exercise of reasonable diligence by the Tax Collector, notice
shall not be mailed but instead shall be posted on the property in
the manner as provided in N.J.S.A. 40:48-2.7. The mailed notice shall
indicate the factual basis for the finding of the Code Enforcement
Official that the property is abandoned property as that term is defined
herein and in N.J.S.A. 55:19-54, and shall specify the information
relied upon in making such finding. In all cases, a copy of the mailed
or posted notice shall also be filed by the Code Enforcement Official,
in the office of the Bergen County Clerk. This filing shall have the
same force and effect as a formal notice under N.J.S.A. 2A:15-6. The
notice shall be captioned with the name of the Borough of Oakland
as "plaintiff" and the name of the property owner as "defendant,"
as though an action had been commenced by the Borough against the
owner.
d.
An owner or lienholder may challenge the inclusion of his property
on the abandoned property list by appealing that determination to
the Mayor and Council within 30 days of the owner's receipt of
the certified notice or 40 days from the date upon which the notice
was sent. An owner whose identity was not known to the Code Enforcement
Official shall have 40 days from the date upon which notice was published
or posted, whichever is later, to challenge the inclusion of a property
on the abandoned property list. For good cause shown, the Mayor and
Council shall accept a late filing of an appeal. Within 30 days of
receipt of a request for an appeal of the findings contained in the
notice, the Mayor and Council shall schedule a hearing for redetermination
of the matter. Any property included on the list shall be presumed
to be abandoned property unless the owner, through the submission
of an affidavit or certification asserting that the property is not
an abandoned property, can demonstrate that the property was erroneously
included on the list. The affidavit or certification shall be accompanied
by supporting documentation, such as, but not limited to, photographs,
repair invoices, bills and construction contracts. The sole ground
for appeal shall be that the property in question is not abandoned
property as that term is defined herein and in N.J.S.A. 55:19-54.
The Mayor and Council shall decide any timely filed appeal within
10 days of the hearing on the appeal and shall promptly, by certified
mail, return receipt requested, and by regular mail, notify the property
owner of the decision and the reasons therefor.
e.
The property owner may challenge an adverse determination of an appeal with the Mayor and Council pursuant to Subsection d of this § 10-9.11 by instituting, in accordance with the New Jersey Court Rules, a summary trial proceeding in the Superior Court, Bergen County. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the Mayor and Council. The sole ground for appeal and new hearing before the Superior Court shall be that the property in question is not an abandoned property as that term is defined in N.J.S.A. 55:19-54. The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the court may extend the deadline for instituting the action.
f.
The Borough shall promptly remove any property from the abandoned
property list that has been determined by the governing body or on
appeal not to be abandoned and may, in its discretion, remove properties
from said list whenever the governing body deems such removal appropriate
under the circumstances.
g.
The abandoned property list shall become effective, and the Borough
of Oakland shall have the right to pursue any legal remedy with respect
to properties on the list, at any time after at least one property
has been placed on the list and following the expiration of the period
for appeal with respect to that first property or upon the denial
of an appeal brought by the property owner of that first property.
h.
Within 30 days after the abandoned property list becomes effective, as set forth in Subsection g of this section, a nonrefundable annual fee in the amount of $400 for the initial year or portion thereof per property shall be due and payable to the Borough. The annual fee shall be $800 for the second year, and $1,600 for each year thereafter. The annual fee shall be due on January 1 of each subsequent year as long as the property remains on the abandoned property list. This annual fee shall be separate from the annual registration fee required under Article I of this section.
a.
Any interested party may submit a written request to the Mayor and
Council asserting that any property within the Borough of Oakland
should be included on the abandoned property list. The written request
must specify the street address and block and lot number of the property
to be included and the grounds for its inclusion. Within 30 days of
receipt of any such request, the Mayor and Council shall provide a
written response to the party, either indicating that the property
will be added to the list or, if not, the reasons for not adding the
property. For the purposes of this section, the term "interested parties"
shall include any resident of the Borough, any owner or operator of
a business within the Borough or any organization representing the
interests of residents, business owners or otherwise engaged in furthering
the revitalization and improvement of the neighborhood in which the
property is located.
b.
Any interested party may participate in a redetermination hearing
regarding the inclusion of a property on the abandoned property list.
Upon written request by any interested party, the Mayor and Council
shall provide that party with at least 20 days' notice of any
such hearing. The party shall provide the Mayor and Council with notice
at least 10 days before the hearing of its intention to participate
and the nature of the testimony or other information that it proposes
to submit at the hearing.
a.
An owner may request removal of his/her property from the abandoned
properties list prior to sale of the tax sale certificate by paying
all taxes and Borough liens due, including interest and penalties,
and:
1.
By posting cash or a bond equal to the cost of remediating all conditions
because of which the property has been determined to be abandoned
pursuant to N.J.S.A. 55:19-55 and by posting cash or a bond to cover
the cost of any environmental cleanup required on the property, evidenced
by a certification by a licensed engineer retained by the owner and
reviewed and approved by the Mayor and Council, stating that the cash
or bond adequately covers the cost of the cleanup; or
2.
By demonstrating to the satisfaction of the Mayor and Council that
the conditions rendering the property abandoned have been remediated
in full; provided, however, that where the Mayor and Council finds
that the owner is actively engaged in remediating the conditions because
of which the property was determined to be abandoned, as evidenced
by significant rehabilitation activity on the property, the Mayor
and Council may grant an extension of time of not more than 120 days
for the owner to complete all work, during which time no further proceedings
will be taken against the owner or the property.
b.
If the owner has posted cash or a bond in order to have a property
removed from the abandoned property list and the conditions because
of which the property was determined to be abandoned have not been
fully remediated within one year of the date of posting the cash or
bond, or, in the case of a property which requires a remediation of
any known, suspected or threatened release of contaminants, if the
owner has failed to enter into a memorandum of agreement with the
New Jersey Department of Environmental Protection or an administrative
consent order, as the case may be, or if an agreement or order is
in effect but the owner has failed to perform the remediation in conformance
with the agreement or order, then the cash or bond shall be forfeited
to the Borough, which shall use the cash or bond and any interest
which has accrued thereon for the purpose of demolishing or rehabilitating
the property or performing the environmental remediation. Any funds
remaining after the property has been demolished, rehabilitated or
cleaned up shall be returned to the owner.
a.
Notwithstanding the provisions of N.J.S.A. 54:5-19, or the provisions
of any other law to the contrary, if a property is included on the
abandoned property list and the property taxes or other Borough liens
due on the property are delinquent for six or more quarters as of
the date of expiration of the right to appeal the property's
inclusion on the list or, if an appeal has been filed, as of the date
that all opportunities for appeal of inclusion on the list have been
exhausted, then the tax lien on the property may be sold in accordance
with the procedures of the Tax Sale Law, N.J.S.A. 54:5-1 et seq.,
on or after the 90th day following the expiration of that time of
appeal or final determination on an appeal.
b.
The Borough may, at its option, require that the sale of the tax
sale certificate or any subsequent assignment or transfer of a tax
sale certificate held by the Borough be subject to the express condition
that the purchaser or assignee shall be obliged to perform and conclude
any rehabilitation or repairs necessary to remove the property from
the abandoned property list pursuant to N.J.S.A. 55:19-55 and to post
a bond in favor of the Borough to guarantee the rehabilitation or
repair of the property. The Mayor and Council may waive a requirement
to post a bond imposed by the Borough for any purchaser, assignee
or transferee of a tax sale certificate that provides documentation
acceptable to the Mayor and Council that the purchaser, assignee or
transferee is a qualified rehabilitation entity as defined in N.J.S.A.
55:19-80. The cost of rehabilitation and repairs and the cost of the
bond shall be added to the amount required to be paid by the owner
for redemption of the property. The purchaser, assignee or transferee
of the tax sale certificate who is required to rehabilitate and repair
the property shall be required to file the appropriate affidavits
with the Tax Collector, pursuant to N.J.S.A. 54:5-62, representing
the amounts of monies expended periodically toward the rehabilitation
or repair of the property. A purchaser, assignee or transferee shall
be entitled to interest on the amounts expended, as set forth in the
affidavits, at the delinquent rate of interest for delinquencies in
excess of $1,500 in effect for the time period when the amounts were
expended, pursuant to N.J.S.A. 54:4-67. The tax sale certificate purchaser,
assignee or transferee, with the authority of the Borough, shall be
permitted to enter in and upon the property for the purposes of appraising
the costs of rehabilitation and repair and to perform all other acts
required to guarantee the completion of the rehabilitation or repair
of the property. No rehabilitation or repair work shall be commenced,
however, until proof of adequate liability insurance and an indemnification
agreement, holding the Borough harmless, has been filed with the Borough
Clerk.
c.
If the Borough acquires the tax sale certificate for a property on
the abandoned property list, then, upon 10 days' written notice
to the property owner and any mortgagee as of the date of the filing
of the notice pursuant to N.J.S.A. 55:19-55, the Borough shall be
permitted to enter upon the property and remediate any conditions
that caused the property to be included on the abandoned property
list. No remediation shall be commenced, however, if within that ten-day
period the owner or mortgagee shall have notified the Borough in writing
that the owner or mortgagee has elected to perform the remediation
itself. When the owner or mortgagee elects to perform the remediation
itself, it shall be required to post bond in favor of the Borough
in order to ensure performance. The amount and conditions of the bond
shall be determined by the Mayor and Council.
d.
The cost of remediation incurred by the Borough, as so certified
by the entity incurring the cost upon completion of the remediation,
shall constitute a lien upon the property first in time and right
to any other lien, whether the other lien was filed prior to or after
the filing of any lien by the Borough, except for Borough taxes, liens
and assessments and any lien imposed pursuant to the Spill Compensation
and Control Act, N.J.S.A. 58:10-23.11 et seq., together with any interest
thereon. The certification of cost shall be filed and recorded as
a lien by the entity incurring the cost with the Bergen County Clerk.
e.
The clearance, development, redevelopment, or repair of property
being maintained as an abandoned property pursuant to this section
shall be considered a public purpose and public use, for which the
power of eminent domain may be lawfully exercised.
a.
The Borough may hold special tax sales with respect to those properties
eligible for tax sale pursuant to N.J.S.A. 54:5-19 which are also
on the abandoned property list.
b.
The Mayor and Council shall establish criteria for eligibility to
bid on properties at the sale, which may include, but need not be
limited to:
1.
Documentation of the bidder's ability to rehabilitate or otherwise
reuse the property consistent with Borough plans and regulations;
commitments by the bidder to rehabilitate or otherwise reuse the property,
consistent with Borough plans and regulations;
2.
Commitments by the bidder to take action to foreclose on the tax
lien by a date certain; and
3.
Such other criteria as the Mayor and Council may determine are necessary
to ensure that the properties to be sold will be rehabilitated or
otherwise reused in a manner consistent with the public interest.
c.
The Mayor and Council may establish minimum bid requirements for
a special tax sale that are less than the full amount of the taxes,
interest and penalties due, to help ensure that the properties will
be rehabilitated or otherwise utilized in a manner consistent with
the public interest.
d.
The Mayor and Council may combine properties in said special tax
sale into bid packages, and require that bidders place a single bid
on each package, rejecting any and all bids on individual properties
that are submitted.
e.
The Mayor and Council may sell said properties subject to the provision
that, if the purchaser fails to carry out any commitment that has
been set forth as a condition of sale or misrepresents any material
qualification that has been established as a condition of eligibility
to bid pursuant thereto, then the properties and any interest thereto
acquired by the purchaser shall revert to the Borough, and any amount
paid by the purchaser at the special tax sale shall be forfeit to
the Borough.
f.
In the event there are two or more qualified bidders for any property
or bid package in a special tax sale, the Borough may designate the
unsuccessful qualified bidder whose bid was closest to the successful
bid as an eligible purchaser. In the event that the selected purchaser
of that property or bid package fails to meet any of the conditions
of sale established by the Borough pursuant to this section and their
interest in the property or properties reverts to the Borough, the
Borough may subsequently designate the entity previously designated
as an eligible purchaser as the winning bidder for the property or
properties, and assign the tax sale certificates to that entity on
the basis of that entity's bid at the special tax sale, subject
to the terms and conditions of the special tax sale.
g.
The Borough shall provide notice of a special tax sale pursuant to
N.J.S.A. 54:5-26. The notice shall include any special terms of sale
established by the Borough pursuant to this section. Nothing shall
prohibit the Borough from holding a special tax sale on the same day
as a standard or accelerated tax sale.
a.
When a person or entity other than the Borough acquires a tax sale
certificate for a property on the abandoned property list at tax sale,
the purchaser may institute an action to foreclose the right of redemption
at any time after the expiration of just six months following the
date of the sale of the tax sale certificate.
b.
When the Borough is the purchaser at tax sale of any property on the abandoned property list pursuant to N.J.S.A. 54:5-34, an action to foreclose the right of redemption may be instituted in accordance with the provisions of Subsection b of N.J.S.A. 54:5-77.
c.
After the foreclosure action is instituted, the right to redeem shall
exist and continue to exist until barred by the judgment of the Superior
Court; provided, however, that no redemption shall be permitted except
where the owner:
1.
Posts cash or a bond equal to the cost of remediating the conditions
because of which the property was determined to be abandoned pursuant
to N.J.S.A. 55:19-56, as determined by the Court; or
2.
Demonstrates to the Court that the conditions because of which the
property was determined to be abandoned have been remedied in full.
a.
If an entity other than the Borough has purchased or taken assignment
from the Borough of a tax sale certificate on a property that has
not been legally occupied for a period of six months, that property
shall not be added to the abandoned property list under the following
limited circumstances:
1.
The owner of the certificate has continued to pay all Borough taxes
and liens on the property in the tax year when due; and
b.
A property used on a seasonal basis shall be deemed abandoned only
if it meets any two of the additional criteria set forth in N.J.S.A.
55:19-81.
c.
A determination that a property is abandoned property under the provisions
of this section and N.J.S.A. 55:19-78 et seq. shall not constitute
a finding that the use of the property has been abandoned for purposes
of municipal zoning or land use regulation.
d.
Upon the request of a purchaser or assignee of a tax sale certificate seeking to bar the right of redemption on an abandoned property pursuant to Subsection b of N.J.S.A. 54:5-86, the Mayor and Council or the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of an "abandoned property" according to the criteria established in N.J.S.A. 55:19-81 and 55:19-82.
a.
A summary action or other action to transfer possession and control
of abandoned property in need of rehabilitation to the Borough may
be brought by the Borough in the Superior Court, Bergen County. If
the Court shall find that the property is abandoned and that the owner
or party in interest has failed to submit and initiate a rehabilitation
plan, then the Court may authorize the Borough to take possession
and control of the property and to develop its own rehabilitation
plan for the property.
b.
Where the Borough has been granted possession and control, the Borough
may commence and maintain further proceedings for the conservation,
protection or disposal of the property, or any part thereof, that
are required to rehabilitate the property, recoup the cost and expenses
of rehabilitation, and for the sale of the property; provided, however,
that the Court shall not direct the sale of the property if the owner
applies to the Court for reinstatement of control and possession of
the property as permitted by N.J.S.A. 55:19-92.
c.
Failure by the owner, mortgage holder or lienholder to submit a plan
for rehabilitation to the Borough, obtain appropriate construction
permits or, in the alternative, submit formal applications for funding
the cost of rehabilitation to local, state or federal agencies providing
such funding, within the initial six-month period, shall be deemed
clear evidence that the owner has failed to take any action to further
the rehabilitation of the property.
d.
An owner may defend against a complaint filed pursuant to N.J.S.A.
55:19-84 by submitting a plan for the rehabilitation and reuse of
the property which is the subject of the complaint and by posting
a bond equal to 125% of the amount determined by the Mayor and Council
or the Court to be the projected cost of rehabilitation.
e.
Any plan submitted by an owner to defend against a complaint shall
be submitted within 60 days after the complaint has been filed, unless
the Court provides the owner with an extension of time for good cause
shown. A plan submitted by an owner pursuant to this section shall
include, but not be limited to:
1.
A detailed financial feasibility analysis, including documentation
of the economic feasibility of the proposed reuse, including operating
budgets or resale prices, or both, as appropriate;
2.
A budget for the rehabilitation of the property, including sources
and uses of funds, based on the terms and conditions of realistically
available financing, including grants and loans;
3.
A timetable for the completion of rehabilitation and reuse of the
property, including milestones for performance of major steps leading
to and encompassing the rehabilitation and reuse of the property;
and
4.
Documentation of the qualifications of the individuals and firms
that will be engaged to carry out the planning, design, financial
packaging, construction, and marketing or rental of the property.
f.
Where the Court approves the rehabilitation plan of the owner or
other party in interest, then it may appoint the Mayor and Council
to act as monitor of compliance and progress. If the owner fails to
carry out any step in the approved plan, then the Borough may apply
to the Court to have the posted bond forfeited, to transfer possession
of the building to the Borough to complete the rehabilitation plan,
and to grant authorization to use the bond proceeds for the rehabilitation.
The owner or other party in interest shall provide bimonthly reports
to the Mayor and Council on its activities and progress toward rehabilitation
and reuse of the property.
g.
If an owner is unsuccessful in defending against a complaint filed
pursuant to N.J.S.A. 55:19-84, the mortgage holder or lienholder may
seek to be designated in possession of the property by submitting
a plan and posting a bond meeting the same conditions as set forth
in N.J.S.A. 55:19-87. Their plan must be submitted within 60 days
following the Court's rejection of the owner's plan, unless
the Court provides the mortgage holder or lienholder with an extension
of time for good cause shown. If the Court approves any such mortgage
holder or lienholder's plan, it shall designate that party to
be in possession of the property for purposes of ensuring its rehabilitation.
h.
The mortgage holder or lienholder, as the case may be, shall provide
bimonthly reports to the Court and the Mayor and Council on its activities
and progress toward rehabilitation and reuse of the property. If the
mortgage holder or lienholder fails to carry out any material step
in the approved plan, then the Mayor and Council shall notify the
Court, which may order the posted bond forfeit, grant the Borough
possession of the property, and authorize the Borough to use the proceeds
of the bond for rehabilitation of the property.
i.
Any sums incurred or advanced for the purpose of rehabilitating the
property by a mortgage holder or lienholder granted possession of
a property, including Court costs and reasonable attorney's fees,
may be added to the unpaid balance due to that mortgage holder or
lienholder, with interest calculated at the same rate set forth in
the note or security agreement, or, in the case of a tax lienholder,
at the statutory interest rate for subsequent liens.
j.
If no mortgage holder or lienholder meets the conditions of N.J.S.A.
55:19-88, then the Borough may submit a plan to the Court which conforms
with the provisions of N.J.S.A. 55:19-87. Such plan shall designate
whether the Borough or a qualified rehabilitation entity shall undertake
the rehabilitation plan in accordance with the provisions of N.J.S.A.
55:19-90.
a.
The Mayor and Council may designate a qualified rehabilitation entity
for the purpose of exercising the Borough's rights, where that
designation will further the rehabilitation and reuse of the property
consistent with Borough plans and objectives.
b.
Regardless of whether the Borough exercises its rights directly or
the Mayor and Council designates a qualified rehabilitation entity
pursuant to this section, the Borough shall maintain, safeguard, and
maintain insurance on the property while in possession of such property.
Notwithstanding the Borough's possession of the property, the
owner of the property shall not be relieved of any civil or criminal
liability or any duty imposed by reason of acts or omissions of the
owner.
c.
The Court may approve the borrowing of funds by the Borough to rehabilitate
the property and may grant a lien or security interests with priority
over all other liens or mortgages other than municipal liens. Prior
to granting this lien priority, the Court must find as follows:
1.
The Borough sought to obtain the necessary financing from the senior
lienholder, which declined to provide such financing on reasonable
terms;
2.
The Borough sought to obtain a voluntary subordination from the senior
lienholder, which refused to provide such subordination; and
3.
Lien priority is necessary in order to induce another lender to provide
financing on reasonable terms. No lien authorized by the Court shall
take effect unless recorded with the Clerk of Bergen County.
d.
Where the Borough has designated a qualified rehabilitation entity
to act on its behalf, the qualified rehabilitation entity shall provide
bimonthly reports to the Mayor and Council on its activities and progress
toward rehabilitation and reuse of the property. The Borough or qualified
rehabilitation entity, as the case may be, shall provide such reports
to the Court as the Court determines to be necessary. If the Court
finds that the Borough or its designee has failed to take diligent
action toward rehabilitation of the property within one year from
the grant of possession, then the Court may request that the Borough
designate another qualified rehabilitation entity to exercise its
rights, or if the Borough fails to do so, may terminate the order
of possession and return possession and control of the property to
its owner.
e.
The Borough shall file a notice of completion with the Court, and
shall also serve a copy on the owner and any mortgage holder or lienholder,
at such time as the Borough has determined that no more than six months
remain to the anticipated date on which rehabilitation will be complete.
This notice shall include an affidavit of the Mayor and Council, attesting
that the rehabilitation is anticipated to be completed within six
months, and a statement setting forth the actions as it plans to undertake
consistent with the plan.
a.
An owner may petition for reinstatement of the owner's control
and possession of the property at any time after one year from the
Court's removal of possession, but no later than 30 days after
the Borough has filed a notice of completion with the Court or, in
the event the notice of completion is filed within less than one year
of the grant of possession, within 30 days after the Borough has filed
said notice.
b.
The Court may allow additional time for good cause if that additional
time does not materially delay completion of the rehabilitation, place
undue hardship on the Borough or affect any of the terms or conditions
under which the Borough has applied for or received financing for
the rehabilitation of the property.
c.
If the owner fails to petition for the reinstatement of control and
possession of the property within 30 days after the Borough has filed
a notice of completion or, in any event, within two years after the
initial grant of possession, or if the owner fails to meet any conditions
that may be set by the Court in granting a reinstatement petition,
the Court may grant the Borough title or authorize the Borough to
sell the property, subject to the provisions of N.J.S.A. 55:19-96.
a.
The Mayor and Council, with the approval of the Court, may place
a lien on the property to cover any costs of the Borough in connection
with any proceeding under N.J.S.A. 55:19-78 et seq., incurred prior
to the grant by the Court of an order of possession, which may include
costs incurred to stabilize or secure the property to ensure that
it can be rehabilitated in a cost-effective manner. Any such lien
shall be considered a Borough lien for the purposes of N.J.S.A. 54:5-9,
with the rights and status of a Borough lien pursuant thereto.
b.
Where the Borough seeks to gain title to the property, it shall purchase
the property for fair market value on such terms as the Court shall
approve and may place the proceeds of sale in escrow with the Court.
c.
The Court may authorize the Borough of Oakland to sell the building
free and clear of liens, claims and encumbrances, in which event all
such liens, claims and encumbrances shall be transferred to the proceeds
of sale with the same priority as existed prior to resale in accordance
with the provisions of this section, except that municipal liens shall
be paid at settlement. The proceeds of the purchase of the property
shall be distributed as set forth in N.J.S.A. 55:19-97.
d.
Upon approval by the Court, the Borough shall sell the property on
such terms and at such price as the Court shall approve and may place
the proceeds of sale in escrow with the Court. The Court shall order
a distribution of the proceeds of sale after paying Court costs in
the order of priority set forth in N.J.S.A. 55:19-97.
e.
With the exception of the holding of special tax sales pursuant to
N.J.S.A. 55:19-101, the remedies available under N.J.S.A. 55:19-78
et seq. shall be available to the Borough with respect to any abandoned
property, whether or not the Borough has established an abandoned
property list and whether or not the property at issue has been included
on any such list.
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ARTICLE III
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CREDITOR RESPONSIBLE FOR VACANT AND ABANDONED RESIDENTIAL
PROPERTIES
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The creditor filing the summons and complaint in an action to
foreclose shall be responsible for the care, maintenance, security,
and upkeep of the exterior of a vacant and abandoned residential property.
If the creditor is located out of state, the creditor shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor. An out-of-state creditor shall include the full
name and contact information of the in-state representative or agent
in the notice required to be provided pursuant to N.J.S.A. 46:10B-51
for providing notice to the Municipal Clerk that a summons and complaint
in an action to foreclose on a mortgage has been served.
The Zoning Officer is authorized to issue a notice to the creditor
filing the summons and complaint in an action to foreclose if the
Zoning Officer determines that the creditor has violated this article
by failing to provide for the care, maintenance, security, and upkeep
of the exterior of the property. Such notice shall require the person
or entity to correct the violation within 30 days of receipt of the
notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety. This issuance
of a notice pursuant to this section shall constitute proof that a
property is "vacant and abandoned" for the purposes of N.J.S.A. 2A:50-73.
a.
An out-of-state creditor subject to the requirements of this article
found to be in violation of the requirement to appoint an in-state
representative or agent pursuant to this article shall be subject
to a fine of $2,500 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 N.J.S.A. 46:10B-51 for providing notice to the Municipal Clerk
that a summons and complaint in an action to foreclose on a mortgage
has been served.
b.
A creditor subject to the requirements of this article found to be
in violation of the requirement to correct a care, maintenance, security,
or upkeep violation cited in a notice issued pursuant to this article
shall be subject to a fine of $1,500 for each day of the violation.
Any fines imposed pursuant to this subsection shall commence 31 days
following receipt 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 receipt of the notice.
c.
No less than 20% of any money collected pursuant to this article
shall be utilized by the Borough for code enforcement purposes.
