[1974 Code § 105-1; Ord. No. 94-45]
The owner or tenant of each and every parcel of land lying within
the limits of this municipality shall cut all brush, hedges and other
plant life growing within 10 feet of any roadway and within 25 feet
of any intersection of two roadways, cut to a height of not more than
2-1/2 feet where it shall be necessary and expedient for the preservation
of the public safety, within 10 days after notice to cut the same
in accordance with N.J.S.A. 40:48-2.26 and 40:48-2.27.
[1974 Code § 105-2; Ord. No. 94-45]
Where the property owner or tenant fails to respond to the ten day notice provision set forth in Subsection 12-1.1 above, the Code Enforcement Officer or Superintendent of Streets and Roads may provide for the cutting of all such brush, hedges and plant life or any of them, as are growing within 10 feet of any roadway or within 25 feet of the intersection of two roadways to a height of more than 2-1/2 feet where it shall be necessary and expedient for the preservation of the public safety to have same cut in accordance with the provisions of N.J.S.A. 40:48-2.26 and 40:48-2.27.
[1974 Code § 105-3; Ord. No. 94-45]
As and when the Code Enforcement Officer ascertains that there
is a parcel of land on which the conditions described in the previous
section exist, the Code Enforcement Officer shall cause notice to
be given to the owner or tenant of the land to cut the brush, hedges
or other plant life within 10 days after the notice is given. If the
owner or tenant shall refuse or neglect to cut the brush, hedges or
other plant life within the 10 days after the notice is given, the
Code Enforcement Officer or Superintendent of Streets and Roads of
this Township shall cut the brush, hedges or other plant life. The
notice shall be given the owner or tenant in writing. Notice may be
given personally or by United States mail. If neither of the methods
of giving notice is possible or practical, the notice may be given
by posting notice in a prominent place on the lands.
[1974 Code § 105-4; Ord. No. 94-45]
After the expiration of the period stated in the notice within
which the owner or tenant is directed to cut the brush, hedges or
other plant life, and if same is not so cut by the owner or tenant,
the Superintendent of Streets and Roads or Code Enforcement Officer
shall proceed to cut or have cut under his direction the brush, hedges
or other plant life.
[1974 Code § 105-5; Ord. No. 94-45]
In each instance where such cutting is done by the Superintendent
of Streets and Roads or Code Enforcement Officer or under his direction,
he shall certify the cost thereof to the Governing Body of the Township,
which shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against the lands. In the
event that such cost is found to be excessive, the Governing Body
shall cause the reasonable cost of such cutting to be charged against
the lands.
[1974 Code § 105-6]
The amount so charged shall forthwith become a lien upon such
lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such lands, the same to bear interest
at the same rate as other taxes and to be collected and enforced by
the same officers and in the same manner as taxes.
[1974 Code § 105-7; Ord. No. 88-43; New]
[1974 Code § 105-8; Ord. No. 94-45; Ord. No. 2015-27-OAB; amended 9-24-2018 by Ord. No. 18-46-OAB]
a.
The owner or tenant of each parcel of land in this municipality,
where it shall be necessary and expedient for the preservation of
the public health, safety or general welfare or to eliminate a fire
hazard, shall remove from such lands or story bush weeds including
ragweed, dead and dying trees, stumps, roots obnoxious growths, reeds
or bulrushes, filth, garbage trash and debris.
b.
Within the residential zones or on a property with a pre-existing
residential use no property owner, tenant or person with the authorized
use of a property shall transport wood, trees, plants, fill, dirt,
stone, sand, metal, glass, scraps, recyclables or any other natural
or man-made products to the property for the purpose of processing,
manufacturing, modifying or storing of the same unless the product
shall be used for the sole benefit of that property and in doing so
will not cause any risk to the public health, safety or general welfare.
c.
If items as set forth in the above Subsections a and b shall exist and not be removed or destroyed within 10 days of notice to the owners, tenants or authorized user of any property either as a direct result of intentional refusal or neglect, the municipality is thereby is hereby authorized to remove or destroy the same by or under the direction of Code Enforcement Officer or any other office, official or employee designated for that purpose by resolution of the governing body, who may sign a complaint for the violation of this section pursuant to the Municipal Court as set forth below.
[1974 Code § 105-9; Ord. No. 94-45]
In each and every instance where such removal or destruction
is performed under the direction of the Code Enforcement Officer or
other official or employee, such Code Enforcement Officer or other
officer or employee shall certify the cost of such removal or destruction
to the Governing Body, which shall examine the certificate and, if
found to be correct, shall cause the cost as shown thereon to be charged
against such lands, and the amount so charged shall forthwith become
a hen upon such lands and shall be added to and become and form a
part of the taxes next to be assessed and levied upon such lands,
the same to bear interest at the same rate as taxes and to be collected
and enforced by the same officers and in the same manner as taxes.
[1974 Code § 105-10]
The Township Clerk is hereby charged with the duty and responsibility
of delivering to the Tax Assessor the original or a certified copy
of each such certificate approved by the Governing Body as aforesaid,
together with a copy to the Tax Collector, in order that the taxing
authorities may annually include such items as may be due hereunder
against the respective properties covered by such certificates, if
any.
[1974 Code § 105-11; New]
Failure by the owner or tenant to remove or destroy from the lands brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice to remove and destroy same shall constitute a violation of this section and shall subject the owner or tenant upon conviction, to be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 2015-30-OAB]
a.
Purpose. The purpose of this subsection is to protect and promote
the public health through the control of the growth of invasive plant
species.
b.
ENFORCING OFFICER
INVASIVE PLANTS
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Shall be the Township Code Enforcement Officer or his designee.
Shall mean 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, kudzu-vine and poison ivy or oak.
c.
Control of Growth. All persons must control the growth of invasive
plants. Failure to control the spread of such vegetation beyond the
boundaries of a resident's property is a violation of this subsection.
d.
Inspections. All places and premises in the Township of Berkeley
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 Berkeley. Such inspection shall be
made if that official has reason to believe that any part of this
subsection is being violated.
e.
Violations and Penalties.
1.
Whenever an invasive plant as defined by this subsection is found
on any plot of land, lot or any other premises or place, a violation
shall be given to the owner, in writing, to remove or abate the same
within such time as shall be specified therein (recommend time in
years, due to difficulty of removing bamboo).
2.
The cost of abatement shall be borne by the property owner.
3.
If the owner fails to comply with such notice within the time specified
therein, the enforcing official may remove or otherwise control the
invasive plant species and the Township may thereafter recover the
cost.
[1974 Code § 59-1; Ord. No. 35-82; Ord. No. 00-16-OAB § 1; Ord. No. 2017-29-OAB]
A certain document, three copies of which are on file in the
office of the Township Clerk, marked and designated as the "International
Property Maintenance Code 2015 (IPMC 2015)," as published by International
Code Council, Inc. be and is hereby adopted as the Building and Property
Maintenance Code of the Township of Berkeley, for the control of buildings
and structures as herein provided; and each and all of the regulations
of the IPMC 2015 are hereby referred to, adopted and made a part hereof,
except as hereinafter modified, as if fully set out in this section.
Copies of same have been placed on file in the office of the Township
Clerk and are available to persons designed to use and examine same.
[1974 Code § 59-2; Ord. No. 35-82]
This section shall be enforced by the Construction Department,
the Code Enforcement Officer and the Zoning Officer.
[1974 Code § 59-3; Ord. No. 35-82]
a.
Whenever any official charged with enforcement of the code determines
that there has been a violation of this section or has reasonable
grounds to believe that there has been a violation which has occurred
or whenever the official has condemned any structure or equipment
under the code provisions, notice shall be given to the owner or person
or persons responsible therefor in the manner prescribed below. If
the official has condemned the property or part thereof, the official
shall give notice to the owner and to the occupants of intent to placard
and to vacate the property or to order equipment out of service. Such
notice shall be put in writing; include a description of the real
estate sufficient for identification, such as the Tax Map lot and
block; include a statement of the reasons why it is being issued;
include a corrective order allowing the reasonable time for the repairs
and improvements required to bring the unit or structure into compliance
with the provisions of the code; include an explanation of the owner's
rights to seek modification or withdrawal of the notice by petition
to an appeals board; and service shall be deemed to be properly served
upon such owner if a copy thereof is delivered to the owner personally
or by leaving the notice at the usual place of abode, in the presence
of someone in the family of suitable age and discretion who shall
be informed of the contents thereof; or by certified or registered
mail addressed to the owner at the last known address with return
receipt requested, or, if the certified or registered letter is returned
with receipt showing that it has not been delivered, then a copy thereof
shall be posted in a conspicuous place in or about the structure affected
by such notice.
b.
It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose
of to another until the provisions of the compliance order or notice
of violation has been complied with or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the Construction
Official and shall furnish to the Construction Official a signed and
notarized statement from the grantee, transferee, mortgagee or lessee,
acknowledging the receipt of such compliance order or notice of violation
and fully accepting the responsibility without condition for making
the corrections or repairs required by such compliance order or notice
of violation.
c.
Hearing.
1.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Code or any rule or
regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Board, provided that such person
shall file, in the office of the Board, a written petition requesting
such hearing and containing a statement of the grounds therefor within
20 days after the day the notice was served.
2.
In order to protect existing structures in the jurisdiction by enforcement,
there shall be and is hereby created a Building and Property Maintenance
Code Appeals Board, hereinafter referred to as the "Board," consisting
of five members who shall be appointed by the Mayor.
(a)
The Board shall consist of five residents of Berkeley Township,
including a real estate and property management expert; a general
contractor; if available, a registered architect or professional person;
one citizen who is a renter for at least two years; and one citizen
who is a home owner for at least two years. The Mayor shall appoint
one member to act as Chairperson, who shall serve one year. An alternate
may be appointed for a term of one year, which alternate shall have
full power only when a member of the Board refuses to vote because
of an interest or when a member is absent. All appointments shall
be for a period of two years or until a successor has been appointed.
The Construction Official shall appoint one member of the Department,
who shall act as the Secretary to the Board.
(b)
The Board shall hear all appeals relative to the enforcement
of this code and by a concurring vote of the majority of its members
may reverse or affirm wholly or partly or may modify the decision
appealed from and shall make such order or determination as, in its
opinion, should be made. Failure to secure such concurring vote shall
be deemed a confirmation of the decision of the enforcing official.
The Secretary of the Board shall keep a record of each meeting, so
that the record clearly shows the basis for each decision made by
the Board.
(c)
Whenever an enforcing official finds an emergency exists on
any premises or on any structure a part thereof or on any defective
equipment which requires immediate action to protect the public's
health and safety or that of the occupants thereof, the Code Official
may, with proper notice and service as provided for in this subsection,
issue an order reciting the existence of such an emergency and requiring
the vacating of the premises or such action taken as the enforcement
official deems necessary to meet such emergency. Notwithstanding other
provisions of this Code, such order shall be effective immediately,
and the premises or equipment; involved shall be placarded immediately
upon service of the order. Any person to whom such order is directed
shall comply therewith. He may thereafter, upon petition directed
to the Appeals Board, be afforded a hearing as prescribed in this
Code. Depending upon the findings of the Board at such hearing as
to whether the provisions of this Code and the rules and regulations
adopted pursuant thereto have been complied with, the Board shall
continue such order or modify or revoke it.
[1974 Code § 59-4; Ord. No. 35-82]
It shall be unlawful for any person to erect, construct, alter,
extend, repair, remove, demolish, use or occupy any structure or equipment
regulated by this Code or cause the same to be done contrary to or
in conflict or in violation of any provisions of this Code, as amended
by this section.
[1974 Code § 59-5; Ord. No. 35-82; Ord. No. 12-83; Ord. No. 90-17; Ord. 01-18-OAB § 1; Ord. No. 06-06-OAB § 1; Ord. No. 07-23-OAB § 1; Ord. No. 2013-04-OAB; Ord.
No. 2017-32-OAB]
a.
No single-family dwelling or individual unit of a multifamily dwelling,
whether sold or rented, shall be occupied by the vendee, tenant or
lessee, as the case may be, until a certification of compliance approval
has been obtained from the Code Enforcement Officer or his agent,
stating that the unit, dwelling or building so described therein complies
with the requirements of this section and the Property Maintenance
Code. The initial inspection fee shall be $ 55, any subsequent reinspection
shall cost $25 per inspection, and any transfer of title shall be
$45. An additional fee of $40 shall be charged for smoke detector
certificates required for sales and resales.
[Amended 4-27-2020 by Ord. No. 20-18-OAB]
b.
"Short Term rental units" shall be defined as those units rented
or occupied for a period of less than 90 days. These units shall be
an exception to the foregoing provision, in that the units must only
be inspected once in a year, regardless of the number of changes of
occupancy in any given year. The certificate of compliance for Short
Term rentals is valid through December 31st of the year it is issued,
regardless of a change in tenants or ownership. The owner of any Short
Term rental unit shall be responsible for requesting the annual inspection
as provided for herein. A Short Term rental unit shall be further
excepted from the provisions of this section in that it shall not
be necessary for such unit to have any provisions for heat, provided
that the unit is only occupied between April 15 and October 15. The
provision for hot- and cold-water lines must be adhered to except
that outside showers shall not be required to have a hot water supply.
The owner of the unit shall schedule the annual inspection of the
property at such time as the electric and water shall be operational.
The International Property Maintenance Code 2015, Section 404 Occupancy
Limitations, shall dictate the total number of permitted occupants
within each unit and the limitations as to determining the occupiable
living area of each unit.
c.
All certificates of compliance issued under former Subsection 12-3.5,
Certificate of Compliance; Summer Rental Units, which is modified
by the passage of this section, shall continue in full force and effect
for the term of their original issuance, notwithstanding the passage
of this section.
d.
No industrial or commercial property which contains a bulkhead whether sold or rented shall be occupied by the vendee, tenant or lessee as the case may be, until a certificate of compliance has been obtained pursuant to § 27-2.
e.
The Township Code Enforcement Officer shall not issue a certificate of compliance for any single-family dwelling or individual unit of a multifamily dwelling located in a Planned Residential Retirement Community (PRRC) as defined in Subsection 35-101.1 of the Revised General Ordinances of the Township of Berkeley, whether sold, title is transferred, or the property is rented, until written approval has been obtained from the respective homeowners' association that the homeowner complies with the provisions, stipulations and restrictions regarding senior communities allowing occupancy of units by persons 55 years of age or older.
[Amended 7-23-2018 by Ord. No. 18-32-OAB]
[1974 Code § 59-5.1; Ord. No. 35-82; Ord. No. 12-83]
No certificate of compliance shall be issued until a smoke detector
has been installed in each guest room suite or sleeping area in buildings
of Use Group R-1 and in dwelling units within buildings of Use Group
R-2 or R-3. It shall be installed in a manner and location approved
by the authority having jurisdiction. When actuated, the detector
shall provide an alarm suitable to warn the occupants within the individual
unit. In buildings having basements or cellars, an additional smoke
detector shall be installed in the basement or cellar in a location
approved by the Construction Official and his agent.
[1974 Code § 59-5.2; Ord. No. 88-9; Ord. No. 94-44]
No certificate of compliance shall be issued until the seller
of a dwelling unit, commercial unit or industrial unit in the Township
shall have provided the Construction Department with a properly certified
test on all above- or below-ground oil, heating or flammable material
tanks, including, where appropriate, propane tanks, demonstrating
that there are no leaks in the tanks and systems. Testing of the fuel
and flammable material tanks and propane tanks and systems shall be
in accordance with the standards as provided for in the BOCA Fire
Prevention Code and/or NFPA 329 or NFPA 55 as each Code applies to
the tank in question.
[Ord. No. 00-16-OAB § 1]
No certificate of compliance shall be issued until the seller of a dwelling unit, commercial unit or industrial unit, which is determined to be in the special flood hazard area as determined under Chapter 29 shall have provided to the Construction Department a flood elevation certificate which shall include the actual elevation (in relation to mean sea level) of the lowest floor, including basements, of the property in question.
[Ord. No. 01-18-OAB § 1;
deleted by Ord. No. 2016-34-OAB § 3;
and 2017-16-OAB § 3]
[1974 Code § 59-6; Ord. No. 88-43; New]
[Ord. No. 2014-23-OAB]
The purpose of this section is to adopt the provisions of P.L.
2014, C. 35.
[Ord. No. 2014-23-OAB]
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on residential property in this State shall, within
10 days of serving the summons and complaint, notify the Township
Clerk that a summons and complaint in an action to foreclose on a
mortgage has been filed against the subject property, pursuant to
N.J.S.A. 46:10B-51. In the event the creditor that has served a summons
and complaint in an action to foreclose on a residential property
is located out-of-State, the notice shall also contain the full name
and contact information of an in-State representative or agent who
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if it becomes vacant and abandoned.
[Ord. No. 2014-23-OAB]
a.
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 the vacant and abandoned residential property.
b.
The Code Enforcement Officer or any other local official responsible
for administration of any property maintenance or public nuisance
code shall issue a notice to the creditor filing the summons and complaint
in an action to foreclose, if he determines that the creditor has
violated the Township Property Maintenance Ordinance 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. The issuance of a
notice pursuant to this subsection shall constitute clear and convincing
evidence proof that a property is "vacant and abandoned" for the purposes
of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73).
c.
Upon the provision of proper notice by the Code Enforcement Officer,
the creditor or responsible party for the property shall abate the
nuisance(s) according to said notice. Failure to abate any nuisance
is a violation of this chapter and will result in penalties, as well
as the imposition of the appropriate lien(s) on the property due to
the costs associated to the Township for its abatement of the nuisance(s).
[Ord. No. 2014-23-OAB]
a.
An out-of-State creditor subject to this section that is found by the Berkeley Township Municipal Court, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent pursuant to this section shall be subject to a fine of $2,500 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 Subsection (1) of Subsection a N.J.S.A. 46:10B-51 for providing notice to the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
b.
A creditor found by the Berkeley Township Municipal Court, or by
any other court of competent jurisdiction, to be in violation of the
requirement to correct a care, maintenance, security, or upkeep violation
cited in a notice issued pursuant to this section shall be subject
to a fine of $1,500 for each day of the violation. Any fines imposed
pursuant to this 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.
If, after proper notice, the Township undertakes the performance
of any property maintenance work on the property due to the failure
of the creditor to perform same, the Township shall attach a hen to
the property for the costs associated with its work.
[Added 9-24-2018 by Ord. No. 18-47-OAB]
For the purpose of this article, the following meanings shall
apply:
A person designated by the Township Council to hear and determine
proceedings under this chapter. The Hearing Officer shall be a licensed
attorney in the State of New Jersey. The Hearing Officer may not own
or lease any real property within the Township, nor hold any interest
in the assets of or profits arising from the ownership or lease of
such property.
The person or persons who own or purport to own any building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, which building contains
no more than four dwelling units.
An act of disorderly, indecent, tumultuous or riotous conduct,
including by way of example, but not limited to, simple assault, terroristic
threats, harassment, urinating in public, lewdness, criminal mischief,
or excessive noise, upon or in proximity to any seasonal rental premises,
and attributable to the acts or incitements of any of the tenants
of those premises which have been substantiated by prosecution and
conviction in any court of competent jurisdiction.
a.
If, in any twenty-four-month period, two substantiated convictions
on separate occasions of conduct upon or in proximity to any rental
premises, and attributable to the acts or incitements of any of the
tenants of those premises, have been substantiated by prosecution
and conviction in any court of competent jurisdiction as a violation
of any provision of Title 2C or any municipal ordinance governing
disorderly conduct, the municipal governing body or its designee may
institute proceedings to require the landlord of those premises to
post a bond against the consequence of future incidents of the same
character.
b.
Notice of conduct and hearing:
1.
In the event that a tenant is convicted of a violation of any provision
of Title 2C or any municipal ordinance governing disorderly conduct,
the governing body or its designee shall cause a notice to be served
on the landlord in person or by registered mail at the address appearing
on the tax records of the Township, advising that the specified conduct
has occurred.
2.
The governing body or its designee shall cause to be served upon
the landlord, in person or by registered mail to the address appearing
on the tax records of the municipality, notice advising of the institution
of such proceedings, together with particulars of the substantiated
convictions upon which those proceedings are based, and of the time
and place at which a hearing will be held in the matter, which shall
be in the municipal building, municipal court or other public place
within the municipality, and which shall be no sooner than 30 days
from the date upon which the notice is served or mailed.
c.
Hearing:
1.
At the hearing pursuant to Subsection b of this section, the hearing officer shall give a full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present.
2.
The hearing officer may consider, to the extent deemed relevant by
the hearing officer, prior complaints about the residents of the property,
even if those complaints did not result in a conviction.
3.
At the conclusion of the hearing the hearing officer shall determine
whether the landlord shall be required to post a bond in accordance
with the terms of this section.
d.
Any bond required to be posted shall be in accordance with the judgment
of the hearing officer, in light of the nature and extent of the offenses
indicated in the substantiated convictions upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
1.
Damages likely to be caused to public or private property and damages
consequent upon disruption of affected residents' rights of fair use
and quiet possession of their premises;
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.
Compensating the Township for the costs of repressing and prosecuting
such incidents of disorderly behavior; but no such bond shall be in
an amount less than $500 or more than $5,000.
e.
The Township may enforce the bond thus required by action in the
Superior Court and shall be entitled to an injunction prohibiting
the landlord from making or renewing any lease of the affected premises
for residential purposes until that bond or equivalent security, in
satisfactory form and amount, has been deposited with the municipality.
f.
A bond or other security deposited in compliance with Subsection d of this section shall remain in force for four years. Upon the lapse of the specified period the landlord shall be entitled to the discharge thereof, unless prior thereto further proceeding leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under Subsection 12-5.3, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer.
a.
If during the period for which a landlord is required to give security
a substantiated conviction is recorded against the property in question,
the governing body or its designee may institute proceedings against
the landlord for the forfeiture or partial forfeiture of the security,
for an extension of the time period required for the posting of the
security, or for an increase in the amount of security required.
b.
Any forfeiture or partial forfeiture shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purpose set forth in § 12-5.2d.
c.
Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors as set forth in § 12-5.2c and shall be taken only to the extent that the nature of the substantiated conviction or convictions out of which the proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of this act effectually.
