[Editor's Note: For additional regulations concerning property maintenance, see Chapter 11, Building and Housing.]
[Ord. No. 1494 § 1; Ord. No. 1633 § 1; Ord. No. 96-35 § 1]
A certain document, three (3) copies of which are on file in the office of the Township Clerk, being marked and designated as "The BOCA National Property Maintenance Code, Fifth Edition, 1996" as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Township of Neptune, in the State of New Jersey; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA National Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in subsection 12-1.2.
[Ord. No. 1494 § 1; Ord. No. 1633 § 3; Ord. No. 96-35 § 3; Ord. No. 97-15 § 1; Ord. No. 99-37 § 1; Ord. No. 04-35 § 1; Ord. No. 04-49 § 1; Ord. No. 08-06 § 1; Ord. No. 08-14 § 3; Ord. No. 10-19; Ord. No. 2014-33; Ord. No. 2015-02; Ord. No. 2016-31 § 2; Ord. No. 2017-16; Ord. No. 2018-21]
The BOCA National Property Maintenance Code is amended and revised in the following respects:
Page numbers refer to the location of the amendments in the document marked and designated as "The BOCA National Property Maintenance Code, Fifth Edition, 1996," a copy of which is on file in the Office of the Municipal Clerk, as published by the Building Officials and Code Administrators International, Inc. which remains in full affect as authorized by the adoption of Ordinance No. 96-35, as amended in Ordinance No. 04-35:
Section PM-101.1 (Page 1, second line)
Insert: Township of Neptune
Section PM-106.1-Unlawful Acts (Page 2)
Repeal and amend as follows:
It shall be unlawful for any person, firm, corporation, owner, seller, purchaser or occupant to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, sell, buy, convey, transfer, occupy, let to another or occupy or permit another person to occupy any premises, property, structure, equipment, yard or vacant land regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this code.
Section PM-106.2 (Pages 2-3)
Repeal and amend as follows:
Any person, firm, corporation, owner, seller, purchaser or occupant who shall violate a provision of this code shall, upon conviction thereof, be subject to removal from such property and/or a fine of not less than $100.00 nor more than $1,000.00, or imprisonment for a term not to exceed ninety (90) days, or any combination thereof, at the discretion of the Court. Each date that a violation continues after due notice has been served shall be deemed a separate offense.
Furthermore, if an owner or responsible person or persons are duly notified of a violation under the ordinances of the Township of Neptune and shall fail to correct any violation, and the code official shall cause any public agency or by contract or arrangement through private person(s) to close any structure or remove or clean any equipment, rubbish, garbage or other unsanitary condition, the cost of such closure, removal or clean-up shall be charged against the real estate upon which the violation exists and shall be a lien upon such real estate.
Section PM 107.1 (Page 3)
Add, "If the owner or the person or persons responsible therefore are a corporation or other business entity, notice herein shall also be given to the registered agent of the Corporation or business entity. In the discretion of the code official, notice may also be given to any tenant, occupant, responsible person, registered agent, in-county agent or other person(s), corporation or entity if an interested party."
Section PM 107.2 (Page 3, Paragraph 4):
Modify as follows: "4. Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit, structure, exterior property or vacant land into compliance with the provisions of this code. In the event a reasonable time period is established by statute, rule, regulation, code or other law, this Ordinance shall incorporate and adopt the minimum time frame as set forth in such statute, rule, regulation, code or other law as if the time frame had been specifically established herein."
Section PM-107.3 (Page 3, line 8)
After "in a conspicuous space … notice" add, "and by regular mail to the owner and/or responsible person or persons at the last known address."
Section PM-111.1 (Page 4)
"Board of Appeals" shall be changed to "Township Committee"
Sections PM-111.2 (Page 4), PM-111.2.1, PM-111.2.2, PM-111.2.3, PM-111.2.5, PM-111.2.6 (Page 5)
Shall be deleted in their entirety.
Section PM-111.3 (Page 5, second line)
"Chairman" shall be replaced with "Mayor"
Section PM-111.4.1 (Page 5, second line)
"Secretary" shall be replaced with "Municipal Clerk"
Section PM-202.0 (Pages 7-8)
Add the following definitions:
- The term "corporation" as referred to in this Ordinance shall not be limited to corporation, as that term may be defined in a legal sense, but shall also include any business or other ownership entity, including but not limited to a corporation, limited liability company, sole proprietorship, partnership, trust or estate. The term "Corporation" as referred to herein shall also refer to any Condominium Association, Co-op, Housing Authority, Homeowner's Association or other entity that may have control over common areas of a multi-unit housing development.
- REGISTERED AGENT
- The person, persons or corporation designated by law and authorized to accept service on behalf of any corporation, business entity or other ownership entity, as such designation may be made by public record or as may be prescribed by statute, rule, regulation, ordinance, code or other law.
- VACANT LOT OR VACANT LAND
- Any parcel of real property having a separate and distinct owner as designated by the tax map of the Township of Neptune and being unoccupied and having no structures, equipment, accessory structures or other improvements. Vacant Lot or Vacant Land shall be included any time the Property Maintenance Code refers to exterior property.
Section PM-301.2 (Page 9, line 1)
Amend as follows: The owner, operator, tenant and occupant of the premises shall maintain the structures and exterior property .…" In addition, add after the last sentence, "The owner, operator or occupant of a structure or exterior property shall be responsible for keeping the structure or exterior property clean, sanitary and safe, but only to the extent that the operator or occupant has control over the structure or exterior property."
Section PM-302.1 (Page 9)
Add the following definitions:
- INOPERABLE MOTOR VEHICLE
- A motor vehicle that is partially or totally dismantled or unable to travel on a highway under its own power.
- MOTOR VEHICLE
- A machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners, or slides and to transport persons or property or pull machinery and shall include, without limitations, automobile, truck, motorcycle, tractor, buggy and wagon.
- UNLICENSED VEHICLE
- A vehicle where the inspection sticker and or vehicle registration has expired or license plates are missing or expired.
Section PM-301.3 (Page 9) is hereby amended to read as follows:
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 public health or safety. All structures not in compliance with this section shall be made secure by having all openings, doors and windows sealed with one-half inch plywood or other approved material and shall be painted white.
Section PM-303.4 (Page 10)
Add "In the event an owner or responsible person or persons do not correct any violation under this provision within ten (10) days after notice to cut, remove or destroy the same, the code official shall be permitted to provide for the cutting, removal or destruction of such condition(s) in accordance with N.J.S.A. 40:48-2.13 and may assess a lien on the premises in accordance with the requirements set forth in N.J.S.A. 40:48-2.14, and any other statutes, rules, regulations or laws as may be adopted from time to time and relating thereto. Any subsequent violation within a one-year period of time from the initial 10-day notice shall not require any additional 10-day notices, and shall be considered to be a continuing violation which will allow the code official to provide for the cutting, removal or destruction of such condition(s) in accordance with N.J.S.A. 40:48-2.13 and to assess a lien on the premises in accordance with the requirements set forth in N.J.S.A. 40:48-2.14, and any other statutes, rules, regulations or laws as may be adopted from time to time and relating thereto."
Section PM 303.8 (Page 10, line 4)
The section is amended to read as follows:
Except as provided for in other regulations, and subject to § 411.04 of the Land Development Ordinance, entitled, "Motor Vehicle Parking in Residential Areas," not more than one currently unregistered and/or uninspected motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in the state of major disassembly, disrepair or in the process of being stripped or dismantled.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside of a structure or similarly enclosed area designed and approved for such purposes.
[Ord. No. 2016-31]
Section PM-304.15 (Page 11, first line and second line)
Insert: May 1 — October 1
Section PM-304.19 entitled Graffiti, is hereby added as follows:
No person shall place upon or in any manner deface, post hand bills or mark with chalk, ink, paint, or any other substance upon any structure, fence, pole, rock, tree or other object maintaining thereon any words devices, trademarks, advertisements, graffiti, pictures or notices not required by law to be posted. The person violating this section, or the owner if the person violating this section is not known, shall be responsible to restore the surface defaced to an approved state of repair as may be required by the code official.
Section PM-308.1 is hereby added as follows:
PM-308.1 Construction/Demolition Sites: All construction/demolition sites located within the Ocean Grove Historic District shall be enclosed with temporary safety fencing consisting of chain link fencing properly supported with posts not less than every eight (8') feet that is not less than four (4') feet in height and not to exceed six (6') feet in height, surrounding the perimeter of the construction/demolition site. This section shall apply to new construction projects, major renovation projects and demolition projects. Determination of need for fencing shall be made by the Construction Official.
[Ord. No. 2017-16]
Section PM-308.2 is hereby added as follows:
PM-308.2 Abutting Street and Sidewalk: The abutting street and sidewalk shall be kept free from dirt, sand and other materials. A temporary stone tracking pad, a minimum of twelve (12') feet wide and fifteen (15') feet long, must be installed from the curb onto the construction site.
[Ord. No. 2017-16]
Section PM-308.4 is hereby added as follows:
PM 308.4. Posting Requirement: All construction sites shall post on site the following information: the block, lot and address of the property; the name, address and telephone number of the General Contractor, along with all required permits so as to be visible to all Borough officials and sub-contractors in a weather-proof manner at all times.
[Ord. No. 2017-16]
Section PM-405.3 (Page 14):
Add, "Every room occupied for sleeping purposes shall comply with the applicable provisions of this Code and Ordinance, including but not limited to: light, ventilation, square footage, ceiling height, electrical receptacles, access, smoke and carbon monoxide detectors and emergency escape."
[Repealed by Ord. No. 2015-02]
Add PM-508.2 as follows:
Leaders and Drains: No leaders or drains shall be constructed, installed, or maintained in such a manner as to cast rain water upon the adjoining property of others.
Section PM-602.2 (Page 17, third line)
65 degrees F (18 degrees C) shall be replaced with 68 degrees F (20 degrees C)
Section PM-602.2.1 (Page 17, fifth line)
Insert: October 1 — May 1
Section PM-602.2.1 (Page 17, seventh line)
6:30 a.m. and 10:30 p.m. shall be replaced with 6:00 a.m. and 11:00 p.m.
Section PM-602.2.1 (Page 17, eighth line)
60 degrees F (16 degrees C) shall be replaced with 65 degrees F (18 degrees C)
Section PM-602.3 (Page 17, third line)
Insert: October — May 1
Section PM-602.3 (Page 17, fourth line)
65 degrees F (18 degrees C) shall be replaced with 68 degrees F (20 degrees C)
Section PM 603.9 entitled Chimney certification, is hereby added as follows:
All fuel burning vents must be inspected by a Chimney Safety Institute of America certified chimney sweep and certification submitted stating that the chimney/vent is free and clear of obstruction and is substantially clean of residue and is appropriately lined and sized.
Section PM-603.10 entitled Portable heat, is hereby added as follows:
The installation or use of a portable space heater, as herein defined, is prohibited in the Township of Neptune. Any moveable space heater that has a heating device that produces a glowing element, a spark or flame shall be considered a portable space heater.
Section PM-605.2 (Page 18)
Remove lines 3 & 4 and amend as follows: An electrical receptacle must be installed within 6 feet of any water source. Such electrical receptacles must be a GFI or GFCI outlet (Ground Fault Circuit Interrupter Protector) if located in a residential dwelling, unit, apartment, boarding house room or hotel or motel room. Any exterior electrical receptacle must be a GFI or GFCI outlet (Ground Fault Circuit Interrupter Protector).
Section PM-605.2 (Page 18, fifth line)
Add the following: Any receptacle within 6 feet of water must be GFI (Ground Fault Circuit Interrupter Protector).
Section PM-705.5—Smoke Detectors (Page 20)
Modify Caption as follows: Section PM-705.5
Smoke detectors and carbon monoxide detectors.
Add: Before any residential dwelling is sold or leased for purposes of occupancy, or subject to change of occupancy for residential purposes, the owner shall obtain a certificate of smoke detector and carbon monoxide compliance (CSDCMAC), as required by N.J.A.C. 5:70-4.19, N.J.A.C. 5:70-2.3 and any other related statutory or administrative code requirements as may be applicable now or in the future.
Installation of smoke detectors and carbon monoxide detectors in new construction, rehabilitation or improvements shall be A/C powered with battery backup, and shall be interconnected.
Chapter 9—Certificates of Inspections
Modify Caption as follows: Chapter 9 — Certificates of Inspections; Transfer of Title and Certificates of Occupancy
Section PM 901.1: Scope: The provisions of this chapter shall govern the procedures for a Certificate of Inspection, Transfer of Title and Certificates of Occupancy for the sale, transfer or conveyance of property; renting or leasing of property and installing or constructing improvements to all properties within the boundaries of the Township of Neptune.
Application forms: Application for Certificate of Inspection, Transfer of Title, School updates and other inspections as may be applicable to this Chapter shall be made on the forms prescribed by the code official and may be obtained by the public at the Office of the Code Enforcement Officer. The applicant must include the name of the owner, seller or landlord; the name of the purchaser or tenant; and the number and names of each occupant, and shall be signed by the Owner(s)/ Landlord(s) or its designated agent and the Purchaser/Tenant or its designated agent. If the Owner, Landlord, Purchaser or Tenant is a trustee, estate, corporation or other entity, the applicant shall also include the current name and address of the trustee, executor/administrator or registered agent and the registered agent's address as may be set forth in the legal documents of the entity or formation papers of the corporation and any amendments thereto. The applicant shall attach to the application a copy of the legal documents of formation and any amendments thereto, to show evidence of the registration and the name and address of the registered agent.
Add Section PM-901.3:
Application: The form or forms prescribed by the municipality or code officer to request the code enforcement officer or construction officer to inspect a property, structure, dwelling unit, apartment, office, store, commercial or industrial building or other space to determine compliance or non-compliance with the provisions of the BOCA Basic Property Maintenance Code or any other applicable ordinances of the municipality. The Application shall include a check list guide for violations that the code official will inspect.
Certificate of Inspection with Occupancy: A certificate issued by the code officer or code enforcement office demonstrating that a property, structure, dwelling unit, apartment, office, store, commercial or industrial building or space is in full compliance with the provisions of the BOCA Basic Property Maintenance Code and any other applicable ordinances of the municipality, and which also permits occupancy in such property, structure, dwelling unit, etc. by those person(s) or entities included in the Application.
Conditional or Temporary Certificate of Inspection with Occupancy: A certificate issued by the code officer or code enforcement office demonstrating that a property, structure, dwelling unit, apartment, office, store, commercial or industrial building or space is in substantial compliance with the provisions of the BOCA Basic Property Maintenance Code and any other applicable ordinances of the municipality; does not impair the habitability of the property, structure, dwelling unit, etc.; and which also permits occupancy in such property, structure, dwelling unit, etc. by those person(s) or entities included in the Application.
Certificate of Transfer of Title: A certificate issued by the code officer or code enforcement office authorizing the sale or transfer of a property, structure, dwelling unit, apartment, office, store, commercial or industrial building or space, and which does not permit occupancy in such property, structure, dwelling unit, etc. by those person(s) or entities included in the Application until such time as an Application for, and issuance of, a Certificate of Inspection with Occupancy or Conditional or Temporary Certificate of Inspection with Occupancy is issued. An application for a Certificate of Inspection may be modified to a Transfer of Title (without occupancy permitted), provided both the Owner/Seller and the Buyer provide a notarized letter to the Code Enforcement Office requesting a modification of the application.
Certificate of Occupancy: A certificate issued by the construction officer or construction office indicating that any new construction, addition, remodel, renovation, demolition or other improvement has been completed, inspected and certified to comply with the BOCA Basic Property Maintenance Code and any other applicable ordinances of the municipality for occupancy.
Section PM-902.0 REQUIREMENTS
PM-902.1 - When Required:
A Certificate of Inspection must be obtained by the owner of real property prior to the sale, transfer, lease, rental or occupancy of any structure, dwelling unit, apartment, office, store, commercial or industrial buildings located within the Township of Neptune. The Certificate of Inspection shall certify that said property is in compliance with all of the provisions of the BOCA Basic Property Maintenance Code and all other applicable ordinances of the Township of Neptune.
Repeal and Modify as follows:
Prior to the sale, transfer, lease, rental or other conveyance of, or permission of use, property located in the Township of Neptune that has any structure dwelling unit, apartment, office, store, commercial or industrial building which is or will be occupied upon the sale, transfer, lease, rental or other conveyance of or permission to use such property, the Seller, Landlord and/or Buyer shall obtain a Certificate of Inspection for Occupancy or a Conditional or Temporary Certificate of Inspection for Occupancy as may be permitted herein. An application shall be filed in the form prescribed by the Code Enforcement Department, and shall be signed by the Seller/Landlord and Buyer/Tenant, or other designated agents.
A Certificate of Inspection for Occupancy shall be issued by the municipality upon the inspection by the code enforcement officer of that portion of the property to be occupied and any common area, exterior property, accessory structures or other improvement affecting the occupancy, provided such inspection finds that it complies with all of the provisions of the BOCA Basic Property Maintenance Code and all other applicable Ordinances of the Township of Neptune.Inspections for Condominiums, Cooperative Units, Townhouses or similar single family housing units shall be limited to the specific unit only for purposes of issuing a Certificate of Inspection for Occupancy. If there are any violations in the common areas, notices for such violations shall be addressed to the Association, Incorporation or other owner and any interested party or agent, who shall then comply with the requirements set forth in the BOCA Basic Property Maintenance Code or any other applicable ordinances of the Township of Neptune, or be subject to fines, penalties and/or costs as permitted by the Ordinances of Neptune Township.
[Ord. No. 1494 § 4; Ord. No. 1633 § 4; Ord. No. 96-35 § 4]
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Ord. No. 1491 § II]
As used in this section:
- Shall mean residuals from the burning of wood, coal, coke or other combustible materials.
- BACKFILL MATERIAL
- Shall mean materials used to restore an excavated area to subgrade condition.
- Shall mean any structure, either temporary or permanent, heretofore or hereafter constructed and designed or used for commercial, residential, industrial or other use or occupancy.
- BUILDING MATERIALS
- Shall mean any material, raw or finished, including but not limited to lumber, brick, plaster, gutters, roofing shingles or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.
- Shall mean normally loose items which shall be collected if organized into bundles of not more than four (4') feet in length and tied with heavy twine, rope, wire, etc. Bundles shall be organized so as to be conveniently handled by one (1) person. No bundle shall exceed fifty (50) pounds in weight.
- BUSINESS DISTRICT
- Shall mean those areas of the Township wherein it is impossible to perform solid waste and recycling collection functions without detrimental effect on the area or its businesses. Designation is at the sole discretion of the Township Committee and may involve fees for collection.
- BUSINESS TRASH
- Shall mean any waste accumulation of dirt, dust, food, paper, cardboard, excelsior, rags or similar materials other than household trash, which is attendant to the operations of stores, offices or similar businesses.
- Shall mean that area of a roadway which lies between the curblines, having a hard surface and used for vehicular traffic.
- COMMERCIAL, INDUSTRIAL AND PROFESSIONAL PROPERTIES
- Shall mean any retail, manufacturing, wholesale, governmental, or other nonresidential establishments, including both buildings and grounds.
- Shall mean the work required to be performed under the permit.
- See Receptacle.
- Shall mean the individual, group, partnership, or corporation undertaking to do work for payment.
- Shall mean the Solid Waste, Recycling and Clean Community Coordinator for the Township.
- Shall mean that construction of concrete, bituminous concrete, brick and/or wood products with a vertical face, which is placed and defines where the pavement and planting strip meet.
- Shall mean the Township Public Works Department.
- DIRECTOR OF PUBLIC WORKS
- Shall mean and include the Township Director of Public Works and his or her appointees.
- Shall mean and include that portion of a right-of-way which provides access to an off-street vehicular facility through a depression in the constructed curb; or, when there is no constructed curb, that area in front of such vehicular facility as is well defined or as is designated by authorized signs or markings.
- DRIVEWAY APRON
- Shall mean that area of the driveway between the sidewalk and the curb or curbline; or, where there is no sidewalk, that area between the property line and the curbline.
- Shall mean when an existing utility is leaking, broken, blocked or otherwise malfunctioning in such a way that the health, safety, welfare or interest of the public is endangered and immediate action is required.
- EXCAVATED MATERIAL
- Shall mean all material removed or disturbed from its original location.
- Shall mean putrescible animal and/or vegetative waste resulting from the handling, preparation, consumption or cooking of food, including any fecal waste from any animal or bird (when fecal matter has been separated from other waste and is double bagged prior to placement for collection).
- HAZARDOUS WASTE
- Shall mean any waste or combination of wastes which pose a present or potential threat to human health, living organisms or the environment, including, but not limited to, waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive, flammable or radioactive and any waste so designated by the United States Environmental Protection Agency or the Commissioner of the Department of Environmental Protection.
- HOSPITAL/RED BAG WASTE
- Shall mean and include but is not limited to all instruments, supplies, containers, bandages, tubing, gloves, etc. used by health care practitioners and facilities as described in the New Jersey Department of Health regulations and New Jersey law, Section 306 of the Manual of Standards for Hospital Facilities, and N.J.S.A. 2A:170-25.17.
- HOUSEHOLD TRASH
- Shall mean any waste accumulation of paper, sweepings, dirt, dust, rags, bottles, cans or other matter of any kind, other than garbage, attendant to housekeeping.
- INDUSTRIAL WASTE
- Shall mean any waste, including solids, semi-solids, sludges and liquids, created by factories, processing plants or other manufacturing enterprises.
- INSTITUTIONAL PROPERTIES
- Shall mean any non-taxable (exempt) property, whether religious, educational, service facilities/organizations or institutional establishments, residential or non-residential, at which garbage or trash may be generated.
- Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof including, but not limited to, any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material, or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material. This definition excludes waste from primary processes of mining or other extraction processes, logging, saw-milling, farming or manufacturing (Section 6d: All citations are from P.L. 1986, c. 187).
- MULTIPLE DWELLING UNIT
- Shall mean any building or structure and land appurtenant thereto containing two (2) or more apartments or rented or offered for rent to two (2) or more tenants or family units.
- Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
- PLANTING STRIP
- Shall mean that area between the property line and the curb or edge of pavement, the area between the sidewalk and property line and the area between the sidewalk and the curb or edge of pavement.
- PUBLIC PLACE
- Shall mean any and all streets, sidewalks, boulevards, municipal or private parking lots, alleys, or other public ways, and any and all public parks, squares, spaces, grounds, buildings and recreational areas.
- Shall mean a container constructed of such material and in such a manner as to hold solid waste and trash and other such items without breaking or collapsing. Receptacles shall have handles and covers so that contents are not exposed to the weather, animals and vermin. A disposable plastic bag shall constitute a receptacle if it is of sufficient strength to hold its contents without breaking when collected. The receptacle shall be of such design and weight as to be able to be conveniently handled by one (1) person. No container shall exceed thirty-five (35) gallons in a capacity nor weigh more than fifty (50) pounds when loaded. Receptacles which, in the opinion of the Department, are broken or fail to meet the requirements of this chapter shall be classified as "garbage."
- Shall mean the removal and replacement of an existing structure, facility, area or appurtenance as required under the permit.
- Recyclable materials
- Shall mean any waste materials which can be returned, through processing, to their former or alternate use. Recyclable materials include, but are not limited to:
- a. Aluminum cans shall mean beverage or food containers constructed or fabricated of aluminum or its alloys.
- b. Bimetal cans shall mean beverage or food containers which are composed of an aluminum top and steel sides and bottoms.
- c. Cardboard/corrugated paper shall mean and include Kraft corrugated which has a brown liner made from Kraft paper and regular corrugated which is gray or tan and is made from other types of paper such as newspapers.
- d. Glass shall mean and include all products made from silica or sand, soda, ash and lime, the product being transparent or translucent and being used as packaging.
- e. Hi-grade and mixed papers shall mean and include, but is not limited to, computer printouts, office paper and stationery.
- f. Newspapers shall mean papers of the type commonly referred to as "newsprint" and distributed at periodic intervals. Expressly excluded, however, are all magazines, or other glossy surfaced periodicals and all other paper products, e.g., wrappings from food products.
- g. Waste oil shall mean and include used oil drained from automobiles, motorcycles, lawnmowers, etc.
- h. Yard waste shall mean and include, but is not limited to, leaves, grass clippings, plant residue, tree limbs, branches and trunks.
- Shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid and industrial wastes.
- Shall mean such rules, schedules, and the like, promulgated by the Director of Public Works and adopted by the Township Committee to carry out the purpose of this section.
- Shall mean restoring, patching and the like of both a temporary and permanent nature as may be required for the protection of the public and the structure, facility, area and/or appurtenance.
- Shall mean the placing back of an existing structure, facility, area or appurtenance in accordance with Township specifications.
- Shall mean that area which is dedicated to the common benefit or use of the public.
- Shall mean all nonputrescible solid waste consisting of both combustible and noncombustible wastes, including but not limited to paper, wrappings, cigarettes, cardboard, tin cans, yard clippings/wastes, leaves, wood, glass, bedding, crockery, and similar materials.
- Shall mean that area designated for pedestrian traffic having a hard surface.
- SINGLE RESIDENTIAL UNIT
- Shall mean any dwelling place occupied by one (1) family.
- SOLID WASTE
- Shall mean all garbage and rubbish normally generated by the occupants of residential and other property, disposed of by private and/or public collection and defined as "solid waste" by the New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-3). Items classified as recyclables shall be prohibited from being placed commingled with other materials. The Township is licensed by solid waste permit to collect three (3) types of waste:
- a. Type 10, Municipal Waste; Residential, commercial and institutional solid waste generated within a community.
- b. Type 13, Bulky Waste; Large items of solid waste which because of their size or weight require handling other than normally used for Municipal waste. Bulky waste includes, but is not limited to, such items as tree trunks, parts of auto bodies, demolition or construction materials, appliances, furniture and drums.
- c. Type 23, Vegetative Waste; Includes but is not limited to, tree limbs, branches, leaves, grass clippings, plant and flower residue.
- Shall mean any right-of-way, avenue, boulevard, road, parkway, viaduct, drive or other way which is:
- a. An existing State, County or Municipal roadway; or
- b. Shown upon a plat approved by the Planning Board or Zoning Board of Adjustment and built in accordance with Township standards, and which may be either public or private; or
- c. Shown on a plat filed with the Office of the County Clerk prior to the creation of the Planning Board or Zoning Board of Adjustment of the Township; and
- d. Not dedicated, in whole or in part, as a parking area or driveway which provides access to any building or structures.
- STORM DRAINS
- Shall mean those pipes and appurtenances which carry storm water and/or ground water, including roof drains, underdrains, yard drains and sump pump discharge pipes within the right-of-way.
- Shall mean the Superintendent/ Supervisor of Public Works Department of the Township.
- Shall mean the Township of Neptune.
- YARD WASTE
- See Recyclable Materials. Yard waste shall be free of dirt, rocks, and other bulky and noncombustible materials and shall be separated for purposes of collection into grass clippings and leaves, and other materials.
[Ord. No. 1491 § III]
It shall be unlawful for any person to throw, drop, discard, or otherwise place litter of any nature upon any public cartway, road, street, avenue, highway, planting strip, park and recreation area or right-of-way of the Township or any private property, other than in a litter receptacle or container.
[Ord. No. 1491 § IV]
It shall be unlawful for any person to discard or dump on or along any public or private street or road or right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except clean fill with written consent of the owner of the property, in any place not specifically designated for the purpose of solid waste storage or disposal.
[Ord. No. 1698 § 1; Ord. No. 12-28]
Any owner/tenant/occupant of any land within the boundaries of the Township of Neptune shall keep all brush, hedges, bushes, trees, and any other plant life growing within twenty-five (25') feet of the intersection of two (2) roadways cut to a height of thirty (30") inches.
Any owner/tenant/occupant shall maintain the trees, shrubs of that premises to a minimum clearance of twelve (12') feet from the street at the curb measured vertically at road grade.
[Ord. No. 1491 § V]
The Township Committee shall appoint a Clean Communities Coordinator and Deputy selected from the Public Works Department supervisory personnel to act as liaison with Monmouth County and State of New Jersey Clean Communities officials, to keep records, reports and to perform administrative functions associated with the grant application and reporting process.
The Township Committee shall also appoint a Clean Communities Advisory Committee. The Committee shall consist of no fewer than four (4) members who shall represent the following groups:
Combination or use of previously established commissions or advisory committees is permitted, providing that each group is represented.
[Ord. No. 1491 § VI]
No person shall throw, drop, discard, or otherwise place litter in or upon any public place within the Township except in authorized receptacles provided for collection; provided, however, that public receptacles shall not be used by persons owning or occupying property in the vicinity of the public receptacles for the deposit of domestic, commercial, or industrial litter arising from the conduct of the activities.
[Ord. No. 1491 § VII]
Placement of litter receptacles and their servicing are required at the following public places which exist in the Township: sidewalks used by pedestrians in active, commercially zoned retail areas, at a minimum of two hundred (200') foot intervals; buildings held out for public use, including schools, government buildings, and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; piers operated for public use; beaches and bathing areas, and at special events to which the public is invited, including but not limited to sporting events, parades, carnivals, circuses, and festivals. The proprietors and vendors of such places and the sponsors of such events shall be responsible for providing and servicing receptacles such that adequate containerization is available. Responsibility for paper containerization, source separation, policing and processing rests with the proprietor, vendor and/or sponsor. Items placed out for collection by the Township Public Works Department shall be processed so as to meet the requirements of Township Ordinance No. 1441.
[Ord. No. 1491 § VIII]
No person shall cause to be deposited into any gutter, street, catch basin or other private place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk, planting strip and curb in front of his or her premises free of all litter and vegetative growth. All litter shall be cleaned, swept, removed, collected, properly containerized for disposal and shall be disposed of in accord with policies specified in Chapter 21 of this Code.
[Ord. No. 1491 § IX]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal containers/bins on his or her property.
[Ord. No. 1491 § X]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked, on any public roadway unless such vehicle is constructed, altered or loaded so as to prevent any of its load from dropping, sifting, leaking or otherwise escaping. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which can cause an obstruction, damage a vehicle, or otherwise endanger or inconvenience travelers or public property, shall be issued a verbal order which shall immediately require the person to clean the public property and pay the costs of cleanup. If cleanup does not occur within twenty-four (24) hours, a summons shall be issued to the violator.
[Ord. No. 1491 § XI]
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or immediately following completion of any construction or demolition project. It shall be the duty of such owner, agent or contractor to furnish containers adequate to accommodate all debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles so as to prevent spillage of solid wastes. Should violation occur cleanup must occur within twenty-four (24) hours or a summons shall be issued to the violator.
[Ord. No. 1491 § XII]
It shall be the duty and obligation of the owner, lessee, tenant, occupant or person in charge of any building to keep sidewalks, planting strips, areaways, backyards, sideyards, courts and alleys free from litter, obstructions, and nuisances of any kind.
[Ord. No. 1491 § XIII]
It shall be unlawful for any person to place, cause to be placed, or hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, planting strip, tree, pole, building or vehicle within the community in such a manner that it may be removed by natural forces.
[Ord. No. 1491 § XIV]
This section shall be enforced in Municipal Court upon a complaint signed by Health, Building, Code Enforcement, Police, Public Works official(s) and/or officers of the Township, or by a private citizen. Further, once a complaint has been signed and issued, the responsibility for correction shall lie with the violator, and/or shall be processed as a lien against the property and in accordance with the law.
[Ord. No. 1491 § XV]
Property owners of record shall be responsible for the cleaning, sweeping, collection, source separation and properly containing litter; purchase and placement of litter containers; and processing of litter materials for the collection as specified in the Solid Waste Services Ordinance, Chapter 21 of this Code. In the event that the owner shall refuse or fail to abate or remedy a condition which constitutes a violation of this section within twenty-four (24) hours [one (1) work day] of receiving the notice of violation, the Township may cause the condition to be abated and remedied. Upon the removal of any materials prohibited to be stored or abandoned on lands by this section by or under the direction of an appointed official, and/or officer of this jurisdiction, in cases where the owner or tenant shall have refused or neglected to remove the materials, such official and/or officer shall certify the cost(s) of corrective action thereof to the Township Business Administrator for collection.
[Ord. No. 1491 § XVI]
Fees not paid by the violator within thirty (30) days of assessment shall constitute a lien against the property which shall be collected via an action at law, and solid waste collection services shall cease until full payment has been made.
[Ord. No. 1491 § XVII; New]
Each violation of this section, and each day a violation or neglect is committed or permitted shall constitute a separate offense, and shall be punishable as such.
[Ord. No. 08-46]
It shall be unlawful for any person or legal entity that owns or possesses property which is contiguous or adjacent to the banks of Deal Lake or in its watershed, to cause any tree or branch therefor to fall, such that any portion of the tree or branch comes in contact with the water of Deal Lake.
[Ord. No. 08-46]
It shall be unlawful for any person or legal entity that owns or possesses real estate which is contiguous or adjacent to the banks of Deal Lake or in its watershed, to allow a condition to exist where any tree or branch from said real estate or the banks of Deal Lake contiguous or adjacent thereto, shall have fallen, such that said tree or branch contacts the water of Deal Lake or its watershed for more than thirty (30) days.
[Ord. No. 08-46]
The Governing Body of the Township of Neptune, its agents or designees, shall have the power to issue a complaint and summons to cause the offending individual or public entity to order the condition described aforesaid to be abated, ameliorated or removed as appropriate.
[Ord. No. 08-46]
It shall not be a defense that the tree or branch thereof which has fallen such that any portion thereof contacts the water of Deal Lake or its watershed, that the said condition was caused by a storm, hurricane, or any act of God or that the tree or branch shall have fallen as a consequence of disease or of the natural aging process.
[Ord. No. 08-46]
Any person or entity who violates this section or fails to comply with any of its requirements, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and as same may be amended from time to time. Each and every day a violation of this section shall exist shall constitute a separate violation.
[Ord. No. 10-04]
Indiscriminate, uncontrolled, and excessive destruction, as well as the removal and cutting of trees on lots and tracts of land within the Township, may cause:
Increased drainage control cost;
Increased soil erosion and sedimentation;
Decreased fertility of the soil;
Degradation of water resources;
Increased buildup of atmospheric carbon;
The establishment of a heat island effect;
Increased dust and pollution.
[Ord. No. 10-04]
There shall be appointed and designated, an official whose formal title shall be that of Conservation Officer or designee of the Township of Neptune. This official shall be charged with the inspection of sites upon which there is an application for site plan approval or for subdivision approval in regard to the provisions of this section, and with the inspection and enforcement of the tree removal and protection requirements of this section.
[Ord. No. 10-04]
Subject to the exemptions set forth, no person shall cut or remove, or cause to be cut or removed, any tree with a diameter at point of measurement (DPM) of four (4") inches or greater upon any lands within the Township, unless the cutting or removal is accomplished in accordance with the provisions of this section.
[Ord. No. 10-04]
No person shall remove or destroy or cause to be or allow to be removed or destroyed any tree without first obtaining a tree removal permit. Tree removal permits shall be issued by the Zoning Officer or designee after appropriate inspection by the Conservation Officer. A permit is required for the removal of all trees of four (4") inch caliper or larger.
Existing single-family residential property shall be exempt from the requirements of this section, provided that said homeowner is clearing one (1) acre or less of area.
Permit Application. Application for a permit shall be made to the Zoning Officer and shall contain the following information:
The name and address of the applicant.
The name and address of the owner of the property from which the tree(s) are to be removed.
Location on the property of the tree(s) to be removed, indicated on a plan as follows:
The plan shall indicate all tree(s) to be removed, specifically by an assigned number, and the caliper of each tree.
The plan shall indicate all tree(s) to remain, specifically by an assigned number.
The plan shall indicate a limit of disturbance line (i.e., where the four (4') foot high standard wood snow fence will be erected if required by the Conservation Officer).
For any clearing greater than (3) three acres, a representative five (5%) percent of the wooded areas proposed to be cleared shall be inventoried. The representative five (5%) percent shall be determined by agreement between the Conservation Officer and the applicant. Where less than (3) three acres is proposed to be cleared, all trees to be removed shall be inventoried.
All trees greater than twenty (20") inches in caliper or any specimen trees (i.e. any unique or remarkable tree or species) to be removed shall be indicated on the plan. All reasonable efforts shall be made to preserve such trees, including but not limited to, if feasible, relocation of infrastructure, roadways, and buildings. Removal of such trees shall require the specific written approval of the Conservation Officer.
Any other information which may reasonably be required to enable the application to be properly evaluated.
[Ord. No. 10-04]
The Conservation Officer or designee shall inspect the trees which are the subject of the application, the drainage incidental thereto, other physical conditions existing on the property, and the impact upon adjacent properties.
[Ord. No. 10-04]
Where an application is made in connection with the construction of a building or other land use improvement, no zoning permit shall be issued until the tree removal permit has been granted, or an exemption granted.
[Ord. No. 10-04]
Existing Residential Property. If the application is on behalf of an existing homeowners' association and it is disclosed that the total number of trees to be removed or destroyed on the property or open space area in question, which are the subject of the application, is ten (10) or less, the permit shall be issued without replacement trees required. Within a one (1) year period, permits may be used for removal of no more than ten (10) trees on the same property without replacement trees being required. Any tree removal occurring where a homeowners' association exists must obtain formal approval by the ruling body of the association prior to obtaining a tree removal permit.
New Residential Development.
If the application is for a new residential development (subdivisions or site plans), up to fifty (50%) percent of the trees may be removed for the sole purpose of clearing for the building envelope, driveways and yard space for said building lots only without replacement trees required.
For new residential development where tree removal is to occur within public or private roadways or rights-of-way, drainage facilities, parking areas or proposed open space, all trees are not subject to replacement in accordance with this section.
Agricultural Operations. Agricultural operations are exempt from replacement requirements providing the property in question is farmed for a minimum of five (5) years after the date of clearing. An application must be submitted prior to clearing. If the property is developed for any other use before the five (5) years expire, the replacement obligation shall be enforced according to the new use of the property.
Nonresidential Development. All commercial and industrial developments are required to replace all trees removed in accordance with this section.
Sparse Land/Major Subdivisions and Site Plans. In regard to major subdivisions and site plans, lots with tree cover less than thirty (30%) percent shall be required to plant a minimum of 1.5 trees per ten thousand (10,000) square feet or less of open field. The owner/applicant shall have a qualified professional calculate the total required trees to be distributed in accordance with a landscape plan of the entire project, which shall be approved by the Conservation Officer.
Tree Escrow Fund Established. Tree Escrow Fund shall be established by the Township to promote environmental enhancement programs such as tree planting, tree preservation, park development, landscaping and/or other related projects on or within municipality-owned properties or facilities. A separate trust account shall be established for this purpose under the supervision of the Township Treasurer. Appropriations from the Tree Escrow Fund shall be authorized by the Mayor and Township Committee and shall be used for a municipal purpose pursuant to the recommendations of the Zoning Officer, the Conservation Officer, the Township Planner and/or the Shade Tree Commission.
Replacement Tree Value Calculations.
The replacement value of all trees to be removed where replacement trees are required by this section shall be calculated as follows:
Dead and diseased trees are not counted as trees to be replaced.
The applicant will receive a one and one-half (1 1/2) for one (1) replacement tree credit should stands of eight (8) or more trees greater than four (4") inches in caliper be preserved within tree removal areas.
All replacement trees shall be planted on site unless one or more of the following conditions exist: (A) the site in question cannot physically accommodate the total replacement amount of trees. The applicant shall contribute an amount equal to the calculated monetary value of the removed trees minus the value of the proposed landscaping to the Township Tree Escrow Funds, as required herein; (B) due to unique site conditions, the Conservation Officer and applicant agree in writing that the applicant shall make payment to the Township Tree Escrow Fund based upon the above chart.
Trees replaced according to the foregoing calculations shall not be construed to satisfy other street tree and landscaping quantity requirements contained elsewhere in this chapter.
[Ord. No. 10-04]
Upon application for a tree removal permit, the applicant shall be charged the following fees:
[Ord. No. 10-04]
All tree removal permits shall be limited to one (1) year from the date of issuance. If the approved tree removal has not occurred within one (1) year, a new permit must be applied for and is subject to the payment of new fees.
[Ord. No. 10-04]
The Conservation Officer may approve the removal of a tree if any of the following criteria apply:
The tree is located in a parcel for which preliminary or final subdivision approval has been obtained, and it unreasonably restricts the economic enjoyment of the property and cannot be relocated on the site because of its age, type or size.
The tree is dead, diseased, injured, in danger of falling, interferes with existing utility service, created an unsafe condition, or conflicts with any other ordinances or regulations.
[Ord. No. 10-04]
The requirements of this section shall be enforced by the Conservation Officer, who shall inspect or require adequate inspection of all sites upon which there is an application for site plan or subdivision, all applicable tree removal or destruction and soil removal incidental thereto, and for compliance with other pertinent conditions of approval from the Planning Board/Zoning Board. Upon ascertaining a violation of this section, the Conservation Officer shall refer charges in the Municipal Court as provided in this section. In addition to other remedies, the Director of Code Enforcement and Construction, Zoning Officer or other proper municipal official may institute any appropriate legal action to prevent a continuing violation of the terms of this section.
[Ord. No. 2014-36]
The Township Committee finds and declares that:
Abandoned properties, particularly those located within urban areas or in close proximity to occupied residences and businesses, create a wide range of problems for the communities in which they are located, fostering criminal activity, creating public health problems and otherwise diminishing the quality of life for residents and business operators in those areas.
Abandoned properties diminish the property values of neighboring properties and have a negative effect on the quality of life of adjacent property owners, increasing the risk of property damage through arson and vandalism and discouraging neighborhood stability and revitalization.
For these reasons, abandoned properties are presumptively considered to be nuisances, in view of their negative effects on nearby properties and the residents or users of those properties.
The continued presence of abandoned properties in New Jersey's communities acts as a significant barrier to urban revitalization and to the regeneration of the State's urban centers.
Abandonment is a local problem that must be addressed locally and the most important role of State government is to provide local governments, local community organizations, citizens, and residents with the tools to address the problem.
The responsibility of a property owner and in some cases the lienholder to maintain a property in sound condition and prevent it from becoming a nuisance to others extends to properties which are not in use and "demolition by neglect", leading to the deterioration and loss of the property, or failure by an owner and in some cases the lienholder to comply with legitimate orders to demolish, stabilize or otherwise repair his or her or its property creates a presumption that the owner and in some cases the lienholder has abandoned the property.
Many abandoned buildings still have potential value for residential and other uses and such buildings should be preserved rather than demolished wherever feasible, particularly buildings that have historic or architectural value, or contribute to maintaining the character of neighborhoods or streetscapes, or both, as the case may be.
[Ord. No. 2014-36; Ord. No. 2015-26; Ord. No. 2016-40; Ord. No. 2018-17]
As used herein:
- ABANDONED PROPERTY
- Shall mean any property that is determined to be abandoned pursuant to 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 New Jersey Department of Community Affairs.
- LIENHOLDER OR MORTGAGE HOLDER
- Shall mean any person or entity holding a note, mortgage or other interest secured by the building or any part thereof.
- Shall mean the Township of Neptune.
- Shall mean the holder or holders of title to a vacant and/or abandoned property.
- PARTIES IN INTEREST
- Shall mean all individuals, associations and corporations who have interests of record in building and any who are in actual possession thereof.
- Shall mean any building or structure and the land appurtenant thereto.
- PUBLIC AUTHORITY
- Shall mean any housing authority or any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, building regulations, or to other activities concerning buildings in the municipality.
- PUBLIC OFFICER
- Shall mean the officer, officers, board or body who is or
are authorized by ordinances adopted hereunder to exercise the powers
prescribed by such ordinances and by this section. In this case, the
person so designated by Neptune Township pursuant to this section
shall be the Director of Code and Construction or his or her designee.
Notwithstanding any other provision of the law to the contrary, nothing
shall prevent the municipality from designating more than one public
officer for different purposes as provided by law. Wherever "Director
of Code and Construction" is cited in this section, it will be with
the understanding that it is the "Director of Code and Construction
or his or her designee," unless State or Federal Law limits due to
licensing or other means the action of a "Director of Code and Construction.[Ord. No. 2018-17]
- SUMMER SEASON
- Shall mean for purpose of this section, May 15th through September 15th of each year.
- THE TOWNSHIP COMMITTEE OF NEPTUNE TOWNSHIP
- Shall mean the Committee, or other legislative body, charged with governing a municipality.
- VACANT PROPERTY
- Shall mean any building to be used as a residence or for commercial or industrial purposes, which is not legally occupied or used for its accustomed and ordinary purpose for a period of six (6) months or more. In the case of the use of residential property, "used for its accustomed and ordinary purpose" means as a place of abode. (Black's Law Dictionary) Property which is used for the summer season (seasonal basis) as defined above, shall not be deemed vacant for purposes of this section. Property determined to be "abandoned" under this section must be determined to be "vacant" for purposes of this section. The date that the Public Officer reports as the date he or she determines vacancy shall be the commencement date for the six (6) month vacancy period.
[Ord. No. 2014-36]
Except as otherwise provided in this section, any property that has not been legally occupied for a period of six (6) months or more and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the Public Officer that:
The property is in need of rehabilitation in the reasonable judgment of the Public Officer, and no rehabilitation has taken place during that 6-month period;
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 (6) months as of the date of a determination by the Public Officer pursuant to this section;
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes as of the date of determination by the Public Officer pursuant to this section; or
The property has been determined to be a nuisance by the Public Officer in accordance with local ordinances and State Statute.
[Ord. No. 2014-36]
A property may be determined to be a nuisance if;
The property has been found to be unfit for human habitation, occupancy or use pursuant to State Statute and/or local ordinance;
The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties;
The property is subject to unauthorized entry leading to potential health and safety hazards; the owner and in some cases the lienholder 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 and in some cases the lienholder has failed to so do;
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
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.
[Ord. No. 2014-36]
If an entity other than the municipality has purchased or taken assignment from the municipality of a tax sale certificate on an unoccupied property, that property shall not be deemed to be abandoned if (1) the owner of the certificate has continued to pay all municipal taxes and liens on the property in the tax year when due; (2) the owner of the certificate takes action to initiate foreclosure proceedings within six (6) months after the property is eligible for foreclosure and (3) the Public Officer has determined that the property is not a nuisance pursuant to Ordinance or that in the discretion of the Public Officer, the owner of the certificate has acted in good faith to repair and/or rehabilitate the property by its actions and through applications where necessary before this Historic Preservation Commission, Planning Board and/or Zoning Board of Adjustment and/or Zoning Department.
A determination that a property is abandoned property under the provisions of this section shall not constitute a finding that the use of the property has been abandoned for purposes of municipal zoning or land use regulation.
[Ord. No. 2014-36]
This section hereby appoints the Director of Code and Construction as the Public Officer and directs the Public Officer to identify abandoned property for the purpose of establishing an abandoned property list throughout the municipality, or within those parts of the municipality as the Governing Body may designate by resolution. Each item of abandoned property so identified shall include the tax block and lot number, the name of the owner of record, if known, and the street address of the lot.
The Public Officer shall establish and maintain a list of abandoned property, to be known as the "abandoned property list." The municipality may add properties to the abandoned property list at any time, and may delete properties at any time when the Public Officer finds that the property no longer meets the definition of an abandoned property. An interested party may request that a property be included on the abandoned property list following that procedure set forth by this section and/or Statute N.J.S.A. 55:19-105. 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 municipality has purchased or taken assignment from the municipality of a tax sale certificate which has been placed on the abandoned property list may be removed in accordance with the provisions of this section or N.J.S.A. 55:19-103.
The Public Officer, within ten (10) days of the establishment of the abandoned property list, or any additions thereto, shall send a notice, by certified mail, return receipt requested, and by regular mail, to the owner of records and all lienholders of every property included on the list and shall cause the list to be published in the official newspaper of the municipality, which publication shall constitute public notice. 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 Public Officer, 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 received a duplicate copy of the tax bill pursuant to subsection d of N.J.S.A. 54:4-64. When the owner of record and/or lienholder 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 Section 5 of P.L.1942, c.112 (C.40:48-2-7). The mailed notice shall indicate the factual basis for the Public Officer's finding that the property is abandoned property as that term is defined in Section 35 of P.L.1996, c.62 (C.55:19-54) and the rules and regulations promulgated thereunder, specifying the information relied upon in making such finding. In all cases a copy of the mailed or opposed notice shall also be filed by the Public Officer in the office of the county clerk or register of deeds and mortgages, as the case may be, of the county wherein the property is situate. This filing shall have the same force and effect as a Notice of Lis Pendens under N.J.S.A. 2A:15-6. The notice shall be indexed by the name of the property owner and lienholders as defendants and the name of the municipality as plaintiff, as though an action had been commenced by the municipality against the owner and/or lienholder.
An owner or lienholder may challenge the inclusion of his property on the abandoned property list determined pursuant of paragraph b of this subsection by appealing that determination to the Public Officer within thirty (30) days of the owner's receipt of the certified notice or forty (40) days from the date upon which the notice was sent. An owner whose identity was not known to the Public Officer shall have forty (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 Public Officer shall accept a late filing of an appeal. Within thirty (30) days of receipt of a request for an appeal of the findings contained in the notice pursuant to paragraph c of this subsection, the Public Officer 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 and/or lienholder, through the submission of an affidavit or certification by the property owner and/or lienholder averring that the property is not abandoned and stating the reasons for such averment, 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 the property in question is not abandoned property as that term is defined by this section and/or State Statute. The Public Officer shall decide any timely filed appeal within ten (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.
The property owner and in some cases the lienholder may challenge an adverse determination of an appeal with the Public Officer pursuant to paragraph d of this subsection, by instituting, in accordance with the New Jersey Court Rules, a summary proceeding in the Superior Court, Law Division, sitting in the county in which the property is located, which action shall be tried de novo. Such action shall be instituted within twenty (20) days of the date of the notice of decision mailed by the Public Officer pursuant to paragraph d of this subsection. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined by this section and/or State Statute. 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.
The Public Officer shall promptly remove any property from the abandoned property list that has been determined not to be abandoned on appeal.
The abandoned property list shall become effective, and the municipality shall have the right to pursue any legal remedy with respect to properties on the abandoned property list at such time as any one property has been placed on the list in accordance with the provisions of this section, upon the expiration of the period for appeal with respect to that property or upon the denial of an appeal brought by the property owner.
[Ord. No. 2014-36]
If a property, which an entity other than the municipality has purchased or taken assignment from the municipality of a tax sale certificate, is placed on the abandoned property list, the property shall be removed from the list if the owner of the certificate pays all municipal taxes and liens due on the property within thirty (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 (6) months after the property was first placed on the list, the property shall be restored to the abandoned property list.
[Ord. No. 2014-36; Ord. No. 2015-43; Ord. No. 2016-40]
The owner and in some cases the lienholder of any building that has become vacant property, and any person maintaining, operating or collecting rent for any such building that has become vacant, shall, within thirty (30) days:
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Municipal Code and per the direction of the Public Officer.
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or the authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eighteen (18") inches by twenty-four (24") inches.
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete.
Ensure that the vacant property is inspected on a monthly basis by the owners authorized and prepare inspection reports, which shall be forwarded to the Public Officer not later than the end of each month.
Ensure that the property is maintained in accordance with the property maintenance regulations of the Township, including but not limited to that of the interior and exterior of all structures, including yards, fences, sidewalks, walkways, right-of-way, alleys, retaining walls, swimming pools, attached or unattached accessory structures and driveways are well maintained and free from trash, debris, loose litter, grass and weed overgrowth.
The owner or agent and in some cases the lienholder of any vacant property shall acquire and otherwise maintain liability insurance, in an amount of not less than $300,000.00 for the building, designed primarily for residential use and not less than $1,000,000.00 for any other building, including but not limited to buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by the physical condition of or in the building or property subject to the provisions of this section. Any insurance policy acquired or renewed after the building has become vacant shall provide for a written notice to the Township of Neptune's Public Officer within thirty (30) days of any lapse, cancellation or change in coverage. The owner, or in some cases the lienholder, shall attach evidence of the insurance to the owner's registration statement. Any registration statement submitted that does not include such evidence shall be deemed to be an invalid registration.
Registration Required; Period of Validity; General Regulations.
The owner of any vacant property, as defined herein, shall, within thirty (30) days after the building becomes vacant property as defined in subsection 12-5.2a, or within thirty (30) days after assuming ownership of the vacant property, whichever is later, file a Registration Statement for each such vacant property with the Public Officer on forms provided by the Township for such purposes. The registration shall remain valid until the designated renewal date, which shall be January 2nd of each year. The owner shall be required to renew the registration January 2nd of each year, as long as the building remains vacant property, and shall pay a registration fee or renewal fee in the amount prescribed herein for each vacant property registered.
Any owner of any building who meets the definition of "vacant property" prior to the effective date of this section shall file a Registration Statement for that property within thirty (30) days of the date of this adopted section. The Registration Statement shall include the information required in this section, as well as any additional information that the Public Officer may reasonably require.
(Section 12-5 was adopted September 8, 2015.)
The owner shall notify the Public Officer within thirty (30) days of any change in the registration information by filing an Amended Registration Statement on a form provided by the Public Officer for such purposes.
The Registration Statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Township against the owner or owners of the property.
Registration Requirements, Property Inspection.
After filing a Registration Statement or a renewal of a Registration Statement, the owner of any vacant property shall provide access to the Township to conduct an exterior and interior inspection of the building to determine compliance with the Municipal Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.
The Registration Statement shall include the name, street address and telephone number of a natural person, 21 years of age or over, designated by the owner or owners as the authorized agent for receiving notices of Code violations and for receiving process, in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code. This person must maintain an office in the State of New Jersey or reside within the State of New Jersey. The Registration Statement shall also include the name of the person responsible for maintaining and securing the property, if different. The Registration Statement shall also include the name, street address and telephone number of the owner(s) of the subject property as the necessary contact person should there be a problem in reaching the owner(s)' authorized agent.
An owner who is a natural person or who meets the requirements of this section as to location of residence or office may designate himself or herself as agent.
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of Code violations concerning the registered, vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until both the owner notifies the Public Officer of a change of authorized agent, or until the owner files a new annual Registration Statement. The designation of an authorized agent in no way releases the owner from any requirement of this section.
All lienholders who have filed and served a Foreclosure Summons and Complaint arising from vacant property needs to comply with all the registration requirements of this section in addition to the property owners as an additional requirement to that already set forth under subsection 12-5.11.
The initial Registration Fee for each building shall be $500.00.
The registration shall be renewable on January 2nd of each year at a fee of $500.00; unless a violation exists. The initial registration fee shall be prorated for Registration Statements received less than 10 months prior to the January 2nd anniversary renewal date. If there is a violation of any Municipal Code cited during the first renewal period, the registration fee shall be doubled ($1,000.00). If a violation of the Municipal Code is cited during the second renewal period, the registration fee shall triple ($1,500.00). If there is a violation of the Municipal Code during the third renewal period, or any time thereafter, the registration fee shall quadruple ($2,000.00).
[Ord. No. 2014-36; Ord. No. 2016-40]
The Public Officer may issue rules and regulations for the administration of the provisions of this section.
[Ord. No. 2014-36]
In the event that the owner or in some cases the lienholder fails to meet the requirements of maintaining a vacant property pursuant to subsection 12-5.8, then the Public Officer in his/her sole discretion may issue a Notice of Violation against the property owner or in some cases the lienholder requiring compliance within thirty (30) days of the Notice of Violation, said Notice shall be issued to the appropriate parties as set forth above; and upon non-compliance with the Notice of Violation, the Public Officer may in his/her sole discretion issue a Summons concerning the violation of this section to be heard in the Municipal Court of Neptune Township, or secure the subject structure itself, or by agreement with a third party to restore the subject building to a non-nuisance level. The costs incurred by the municipality in so proceeding, including reasonable administrative charges, shall be assessed against and be a lien upon the subject property.
The Public Officer in his/her sole discretion may postpone any such action aforesaid if he/she believes that the property owner and in some cases the lienholder is acting in good faith to repair and/or rehabilitate the subject property through his, her or its actions, including but not limited to applications made where necessary to the Historic Preservation Commission, Planning Board and/or Zoning Board of Adjustment and/or Zoning Department.
[Ord. No. 2014-36; Ord. No. 2015-19]
Pursuant to N.J.S.A. 46:10B-51 et al., all creditors or lienholders to property subject to this section have ten (10) days from the date that a foreclosure action is filed to serve the foreclosure Summons and Complaint as notification only upon the Municipal Clerk when a foreclosure action has been initiated. This notice must contain all information set forth in the aforesaid statute, including but not limited to the full name and contact information of the representative for the creditor who is responsible for receiving complaints of property maintenance and code violations, the street address and block and lot number of the property. Where the creditor is an out-of-State creditor, the full name and contact information of the in-State representative or agent is required to be provided in the notice to the Municipal Clerk.
Any out-of-State creditor subject to this section who is found by the Municipal Court of Neptune Township to be in violation of the requirement of the notification and appointment of an in-State representative or agent provided to the Municipal Clerk shall be subject to a fine of two thousand five hundred ($2,500.00) dollars for each day of the violation. Any fines imposed on the creditor for the failure to appoint and notify the Clerk of the appointment of an in-State representative or agent shall commence on the day after the ten-day period, as set forth above. Any in-State creditor who fails to provide contact notification to the Municipal Clerk of a representative or agent to be contacted pursuant to this section, and the creditor is found to be in violation by the Municipal Court of Neptune Township, the creditor shall be subject to a fine of one thousand five hundred ($1,500.00) dollars per day for each day of the violation, commencing on the day after the ten-day period as set forth above.
All creditors who have filed foreclosure proceedings pursuant to the aforesaid State Statute and prior to transfer of said title at Sheriff's Sale, shall be equally responsible for maintaining the subject property in compliance with this section, and shall receive notice of violations which need to be corrected within thirty (30) days of receipt of said notice, or within ten (10) days of receipt of said notice if the violation presents an imminent threat to public health and safety. All creditors who are found in violation of this section with regard to the maintenance of the subject property shall be subject to the penalties and fines found under subsection 12-5.13 below. In addition, if the municipality expends public funds in order to abate a nuisance or correct a violation on residential property, the situation being such that the creditor is given notice pursuant to the provisions of this section, but fails to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under subsection 12-5.10 of this section.
No less than twenty (20%) percent of any money collected pursuant to subsection 12-5.11 shall be utilized by the municipality for Municipal Code enforcement purposes.
[Ord. No. 2014-36; Ord. No. 2016-40]
No provision hereof shall be construed as restricting or otherwise abrogating the enforcement and other powers of the Township's Public Officer or Construction Official under the New Jersey Uniform Construction Code, including, without limitation, N.J.S.A. 52:27D-123 et seq. and N.J.A.C. 5:23-1.1 et seq. (collectively, the Code). The provision herein shall be construed as consistent with the enforcement and other powers of the Township's Public Officer and Construction Official under the Code.
[Ord. No. 2014-36; Ord. No. 2015-43]
Any owner or applicable lienholder who is not in compliance with this section or who otherwise violates any provision of this section or the rules and regulations issued hereunder, shall be subject to a fine not exceeding two thousand ($2,000.00) dollars or a period of community service not exceeding ninety (90) days or imprisonment of a term not exceeding ninety (90) days, or any combination of the aforesaid penalties for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and in some cases the lienholder and shall be a lien on the subject property.
Any Court verdict or Plea Agreement which requires compliance with this Ordinance shall limit compliance to no more than thirty (30) days from the date of the verdict or agreement with enhanced penalties in the discretion of the Court for non-compliance.
Any owner or applicable lienholder who is in violation of subsection 12-5.8b, c, d and/or e shall be subject to the fines and penalties set forth in subsection 12-5.13a and b in addition to compliance with the payment of all registration fees required in subsection 12-5.8e, entitled Registration Fees.
[Ord. No. 2014-47]
The Public Officer appointed by the Township of Neptune may act upon the Vacant and Abandoned Property Ordinance, and may initiate a request of any utility to take all necessary steps to enter the premises listed on the Abandoned Property List established pursuant to subsection 12-5.6 of the Vacant and Abandoned Properties Ordinance and this section for the discontinuance of the utility services and the removal of utility equipment from said property, or any property that is determined by the Public Officer to meet the definition of abandoned property, and shall accompany representatives, agents and/or employees of said utility companies, along with any law enforcement officer the Public Officer considers appropriate upon the property at the time of discontinuance of utility service, removal of utility equipment or any action associated therein.
Any owner or applicable lienholder who interferes or takes action to prohibit such entry and discontinuance of service shall be subject to the violations and penalties set forth more fully in subsection 12-5.13 of this section.
[Ord. No. 2017-15]
The purpose of this section is to protect and promote the public health through the control of the growth of invasive plant species.
[Ord. No. 2017-15]
As used in this section:
- INVASIVE PLANTS
- Shall be defined as all native and non-native vines and vegetation that grow out of place and are competitive, persistent, and pernicious. These plants may damage trees, vegetation, or structures. Examples include but are not limited to bamboo (spreading or running type), ragweed, multi flora rose and kudzu-vine.
[Ord. No. 2017-15]
All persons must control the growth of invasive plants. Failure to control the spread of such vegetation beyond the boundaries of both residential and commercial property is a violation of this section.
[Ord. No. 2017-15]
All places and premises in the Township of Neptune shall be subject to inspection by the enforcing officer. Such inspections shall be performed by such person, persons, or agency duly authorized and appointed by the Township of Neptune. Such inspection shall be made if that official has reason to believe that any section of this chapter is being violated.
[Ord. No. 2017-15]
Whenever an invasive plant, as defined by this section, is found on any plot of land, lot or any other premises or place, and is found to lack appropriate physical barriers to prevent the spread or growth of the species, or is found to have spread beyond the boundaries of a property, a violation notice shall be given to the owner, in writing to remove or abate the same within such time as shall be specified in such notice. If the property owner fails to abate the violation, a municipal summons/complaint may be issued charging the owner with violating the provisions of this section. Abatement of violation shall be defined as removal of all invasive plants found to have spread beyond the boundaries of the subject property, to the satisfaction of the enforcing officer.
The cost of abatement shall be borne by the property owner.
If an owner fails to comply with such notice within the time specified therein, the enforcing official may, in addition to issuing a summons/complaint as set forth above, remove or otherwise control the invasive plant species and the Township may thereafter recover the costs of such removal from the property owner by placing a lien against the property to recover the cost of the invasive plant removal.
[Ord. No. 2017-15]
Any person, partnership, limited-liability company, corporation or other entity who shall violate the provisions of this section shall, upon conviction, be punishable by a fine of not less than $100.00 for the first offense and not more than $2,000.00 for subsequent offenses, or community service as determined by the Municipal Court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of such violation may be punished as provided above for each separate offense.
[Ord. No. 2017-15]
All new in-ground plantings of invasive plants are strictly prohibited. All existing plantings must be contained by appropriate physical barriers to prevent growth or spread of existing invasive species beyond the boundaries of a resident's property.