[Ord. #742, § 1]
a.
There is hereby established in the Borough a State Uniform Construction
Code enforcing agency to be known as the Borough of Keansburg Uniform
Construction Code Agency consisting of a Construction Official, Building
Subcode Official, Plumbing Subcode Official, Electrical Subcode Official,
Fire Protection Subcode Official, and such other subcode officials
for such additional subcodes as the Commission of the Department of
Community Affairs, State of New Jersey, shall hereafter adopt as part
of the State Uniform Construction Code. The Construction Official
shall be the chief administrator of the enforcing agency.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, C.
217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular
subcode official, an on-site inspection agency may be retained by
contract pursuant to N.J.A.C. 5:23. More than one such official position
may be held by the same person; provided that such person is qualified
pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold each such
position.
c.
The Public shall have the right to do business with the enforcing
agency at one office location except for emergencies, and unforeseen
or unavoidable circumstances.
[Ord. #742 § 2; Ord. #1529]
All Appeals will be heard by the Monmouth County Construction
Board of Appeals, Freehold, NJ 07728.
[Ord. #742, § 3; Ord. #744; Ord. #964, § 1;
Ord. #1005, § 1; Ord. #1236, § 1; Ord. #1529]
a.
The fee for a Construction Permit shall be the sum of the Subcode
Fees listed in Schedules A through D, hereof and shall be paid before
the permit is issued.
2.
The Plumbing Subcode Fee: See Schedule D.
3.
The Electrical Subcode Fee: See Schedule B.
4.
The fee for plan review shall be 20% of the amount to be charged
for the construction permit and shall be paid before the plans are
reviewed. The amount paid for this fee shall be credited toward the
amount of the fee to be charged for the construction permit.
5.
(Reserved)
6.
(Reserved)
7.
The fee for a permit to construct a sign: See Schedule A.
8.
Certificates of Occupancy. See Schedule A.
[1]
Editor's Note: Schedules A through D, referred to herein,
are included as an attachment to this chapter.
[Ord. #742]
a.
The Construction Official shall, with the advice of the Subcode Officials,
prepare and submit to the Mayor and Council bi-annually, a report
recommending a fee schedule based on the operating expenses of the
agency, and any other expenses of the Municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
b.
In order to provide for the training, certification, and technical
support programs required by the Uniform Construction Code Act and
the regulations, the enforcing agency shall collect in addition to
the fees specified above, a surcharge fee of $0.0006 of a dollar per
cubic foot of volume of new construction. The surcharge fee shall
be remitted to the Bureau of Housing Inspection, Department of Community
Affairs, on a quarterly basis for the fiscal quarter ending September
30, December 31, March 31, and June 30 and not later than one month
next succeeding the end of the quarter for which it is due. In the
fiscal year in which the regulations first become effective, the fee
shall be collected and remitted for the third and fourth quarters
only.
c.
The enforcing agency shall report annually at the end of each fiscal
year to the Bureau of Housing Inspection, and not later than July
31, the total amount of the surcharge fee collected in the fiscal
year. In the fiscal year in which the regulations first become effective,
the report shall be for the third and fourth quarters only.
d.
The Construction Official shall prepare and submit to the Borough
Uniform Construction Code Agency bi-annually, a report re-evaluating
the delineation of the fire limits. This report shall indicate the
recommendations of the Construction Official, the Building Subcode
Official, and the Fire Subcode Official regarding those areas which
should be designated as within fire limits with the reasons therefor.
[Ord. #560, § 1]
The existence or occupation of any building or buildings, or
parts thereof, in the Borough which are old, dilapidated or have become
out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation or occupancy or use, are inimical to the
welfare and dangerous and injurious to the health and safety of the
Borough residents, and that a public necessity exists for the repair,
closing or demolition of such building or buildings, or parts thereof.
It is hereby found that there exist in the Borough building or buildings,
which are unfit for human habitation or occupancy, or use, due to
dilapidation, defects increasing the hazards of fire, accidents or
other calamities, lack of ventilation, light or sanitary facilities
or due to other conditions rendering such building or buildings, or
part thereof, unsafe, unsanitary, dangerous or detrimental to the
safety or otherwise inimical to the welfare of the residents of the
Borough, and as to which the Borough has the power, pursuant to P.L.
1942 c. 112, as amended by P.L. 1956, c. 197 (N.J.S.A. 40:48-2.3 et
seq.), to exercise its police powers to repair, close or demolish,
or cause or require the repairing, closing or demolition of such building
or buildings, or part thereof in the manner herein provided.
[Ord. #560, § 2; Ord. #577, § 1; Ord.
#913, § 1]
As used in this Chapter:
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 holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the Borough,
County or State relating to health, fire, building regulations, or
to other activities concerning buildings in the Borough.
Shall mean the officer, officers, board or body who is or
are appointed by the Borough Council to exercise the powers prescribed
for him.
[Ord. #560, § 3]
For the purpose of the within Chapter the Public Officer may
determine that a dwelling is unsafe or unfit for human habitation
if he finds that conditions exist in such dwelling which are dangerous
or injurious to the health or safety of the occupants of such dwelling,
the occupants of neighboring dwellings or other residents of the Borough.
Such conditions may include the following (without limiting the generality
of the foregoing); defects therein increasing the hazards of fire,
accident, or other calamities; lack of adequate ventilation, light,
or sanitary facilities; dilapidation, disrepair, structural defects
or uncleanliness.
[Ord. #560, § 4; Ord. #913, § 3]
Pursuant to N.J.S.A. 40:49-51.1, the New Jersey State Housing
Code as approved by the Department of Community Affairs and the State
Uniform Construction Code, P.L. 1975 C.217 (C. 52:27D-119, et seq.)
and any rules or regulations adopted thereunder, are hereby accepted,
adopted and established as a standard to be used as a guide in determining
the fitness of a building for human habitation or occupancy or use.
Three copies of the New Jersey State Housing Code and the State Uniform
Construction Code have been placed on file in the office of the Borough
Clerk and will remain on file for the use and examination of the public.
[Ord. #560, § 5]
a.
Summer Dwelling shall mean any building wholly or partly used or
intended to be used for living or sleeping by human occupants during
the summertime only, i.e., from May 15 to October 15.
b.
Such summer dwelling shall not be required to comply with Section
8.1 of the New Jersey State Housing Code but shall, in all other respects,
comply with the same.
[Ord. #560, § 6; Ord. #577, § 2; Ord.
#660; Ord. #689; Ord. #955, § 1]
a.
Occupancy. No owner shall occupy or permit occupancy of, nor shall
any person or persons rent, lease or occupy, any dwelling unit, without
having first obtained from the Public Officer a Housing Occupancy
Certificate certifying that the officer has made an inspection of
the premises and that they comply in all respects with the provisions
of this Chapter. The Housing Occupancy Certificate so issued shall
apply only to the tenancy for which it is issued.
Whenever there is a proposed change of ownership of any dwelling
unit, such change of ownership shall not be made nor shall the subsequent
owner occupy or permit occupancy of, nor shall any person or persons
rent, lease or occupy, the dwelling unit, without first complying
with the requirements of this section.
b.
Fees. A fee of $25 shall be paid to the enforcing agency for initial
inspections and first reinspection of the premises required prior
to the issuance of a Housing Occupancy Certificate, which fee shall
be paid at the time of applying for the Housing Occupancy Certificate.
An additional $25 fee shall be paid for any second or subsequent reinspection
of the premises which is required prior to the issuance of a Housing
Occupancy Certificate.
[Ord. #560, § 7]
Whenever a petition is filed with the Public Officer by a public
authority as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the Municipality charging that any dwelling is unfit for human
habitation as herein defined or any structure is dangerous or unsafe
or whenever it appears to the Public Officer (on his own motion) that
any dwelling is unsafe or unfit for human habitation, as herein defined,
or that any building is dangerous or unsafe, he shall, if his preliminary
investigation discloses a basis for such charges, issue and cause
to be served upon the owner of and parties in interest in such dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Public Officer (or his designated
agent) at a place therein fixed not less than 10 days nor more than
30 days after the serving of the complaint; that the owner and parties
in interest shall be given the right to file an answer to the complaint
and to appear in person, or otherwise, and give testimony at the time
and place fixed in the complaints; and that the rules of evidence
prevailing in courts of law or equity shall not be controlling in
hearing before the Public Officer.
[Ord. #560, § 8; Ord. #913, § 4]
a.
If, after such notice and hearing, the Public Officer determines
that the building under consideration is unfit for human habitation,
as herein defined, or is dangerous or unsafe, he shall state in writing
his findings of demolition thereof after advertisement for, and receipt
of, bids therefor.
b.
That the amount of
1.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges, incurred in the course of any proceeding
taken under this Chapter determined in favor of the Municipality,
and
2.
Such costs of such repairs, alterations or improvements, or vacating
and closing or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Public Officer, he shall
sell the materials of such building. There shall be credited against
the cost of the removal or demolition thereof, including the clearance
and, if necessary, leveling of the site, the proceeds of any sale
of such materials or any sum derived from any contract for the removal
or demolition of the building. If there are no such credits or if
the sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the Borough Tax Assessor or other custodian of the records of
tax liens and a copy thereof shall be forthwith forwarded to the owner
by registered mail. If the total of the credits exceed such costs,
the balance remaining shall be deposited in the Superior Court by
the Public Officer, shall be secured in such manner as may be directed
by such Court and shall be disbursed according to the order or judgment
of the Court to the persons found to be entitled thereto by final
order or judgment of such Court. Any owner or party in interest may,
within 30 days from the date of the filing of the lien certificate,
proceed in a summary manner in the Superior Court to contest the reasonableness
of the amount or accuracy of the costs set forth in the municipal
lien certificate. If an actual and immediate danger to life is posed
by the threatened collapse of any fire damaged or other structurally
unsafe building, the Public Officer may, after taking such measures
as may be necessary to make such building temporarily safe, seek a
judgment in summary proceedings for the demolition thereof. Nothing
in this subsection shall be construed to impair or limit in any way
the power of the Borough to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise, nor
is anything in this Chapter intended to limit the authority of the
enforcing agency or Construction Official under the State Uniform
Construction Code, P.L. 1975, c. 217 (C. 52:27D-119, et seq.) or any
rules or regulations adopted thereunder."
[Ord. #560, § 9; Ord. #913, § 5]
Complaints or orders issued by the Public Officer pursuant to
this Chapter shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Public Officer in the exercise
of reasonable diligence, and the Public Officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once in a newspaper printed
and published in the County of Monmouth and circulating in the Borough
of Keansburg. A copy of such complaint or order shall be posted in
a conspicuous place on premises affected by the complaint or order
and shall be duly recorded or lodged for record with the County Recording
Officer.
[Ord. #560, § 10; Ord. #913, § 6]
Any person aggrieved by an order issued by the Public Officer
under this Chapter may, within 30 days after posting and service of
such order, bring an action for injunctive relief to restrain the
Public Officer from carrying out provisions of the order and for other
appropriate relief. The Court may proceed in the action in a summary
manner or otherwise. The remedy herein provided shall be exclusive,
and no person affected by an order of the Public Officer shall be
entitled to recover any damages for action taken pursuant thereto,
or because of noncompliance by any reason with any order of the Public
Officer.
[Ord. #560, § 11]
The Public Officer is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this Chapter, including the following
in addition to others herein granted:
a.
To investigate the dwelling conditions in the Borough in order to
determine which dwellings therein are unfit for human habitation.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examination, provided,
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this Chapter.
e.
To delegate any of his functions and powers under this Chapter to
such officers and agents as he may designate.
[Ord. #560, § 12]
Nothing in this Chapter shall be construed to abrogate or impair
the power of the Borough or any officer or department to enforce any
provisions of its Charter, or its ordinances or regulations, nor to
prevent or punish violations thereof, and the powers conferred by
this Chapter shall be in addition and supplemental to the powers conferred
upon the Borough by any other law or ordinance.
[Ord. #560, § 13]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each violation of any of the provisions of this section and each day the same shall continue to be violated shall constitute a separate distinct offence.
[Ord. #560, § 6; Ord. #577, § 2; Ord.
#660; Ord. #689; Ord. #955, § 1; Ord. #1330, § 1]
a.
Occupancy. No owner shall occupy or permit occupancy of, nor shall
any person rent, lease or occupy, any dwelling unit, without having
first obtained from the Public Officer a housing occupancy certificate
certifying that the officer has made an inspection of the premises
and that they comply in all respects with the provisions of this Chapter.
The housing occupancy certificate so issued shall apply only to the
tenancy for which it is issued.
Whenever there is a proposed change of ownership of any dwelling
unit, such change of ownership shall not be made nor shall the subsequent
owner occupy or permit occupancy of, nor shall any person rent, lease
or occupy, the dwelling unit, without first complying with the requirements
of this section.
b.
Fees. A fee of $75 shall be paid to the enforcing agency for initial
inspections and first reinspection of the premises required prior
to the issuance of a housing occupancy certificate, which fee shall
be paid at the time of applying for the housing occupancy certificate.
An additional $20 fee shall be paid for any second or subsequent reinspection
of the premises which is required prior to the issuance of a housing
occupancy certificate.
[Ord. #985, § 1; Ord. #1330, § 1]
a.
All commercial properties shall require a certificate of occupancy
at such time as they may be constructed, or when an existing commercial
establishment is either transferred by sale or otherwise, or when
a new commercial establishment is about to commence doing business
as a result of the vacation of a former owner and/or tenant. It is
the intent of this section that on any change of commercial operation
by ownership, tenancy or otherwise, a certificate of occupancy shall
be required prior to the commencement of business.
b.
Fees for Commercial Properties. The fee for the certificate of occupancy
shall be $75. In the event that it is necessary for the Building Inspector/Construction
Code Official to return for a reinspection, then each additional inspection
shall be at the rate of $20.
Prior ordinance history includes portions of Ordinance No. 830,
916, 956, 941, 1239 and 1421.
[Ord. No. 1438; Ord. No. 1503; Ord. No.
2016-1583]
a.
The owner of every rental property, with the exception of owner-occupied
units, in the Borough of Keansburg shall file a Rental Registration
Statement. Properties available for sale shall also be subject to
file Rental Registration Statement.
b.
The Rental Property Registration Statement shall be filed on an annual
basis on or before March 1 of each year after which time a late fee
shall be assessed.
c.
The Rental Registration Statement shall include:
1.
The name and the address of all record owners of the rental property,
building or of the rental business.
2.
The name and the address of a person who resides in Monmouth County
and is authorized to accept notices from a tenant or a municipality,
to issue receipts for those notices and to accept service of process
on behalf of the record owner.
3.
The name and address of the managing agent, and if applicable, the
name, addresses and the telephone number of the superintendent, janitor,
custodian or other person employed to provide regular maintenance
services; the name, address and telephone number of an individual
representative of the record owner or maintaining agent who may be
reached or contacted at any time in the event of an emergency affecting
the dwelling or any dwelling unit, including such emergencies as the
failure of any essential service or system, and who has authority
to make emergency decisions concerning the building or unit, including
the making of repairs.
4.
The name and date of birth of each and every tenant in each unit,
including children.
5.
The names and the addresses of all holders of recorded mortgages
on the property.
6.
If fuel oil is used to heat the unit, the name and the address of
the fuel oil dealer servicing the unit and the grade of oil used.
7.
As to each unit, the owner shall provide a floor plan of the unit,
which shall depict the number, dimensions and location of each room
unit. No space shall be used for sleeping purposes which has not been
designated as a sleeping area on the sketch provided by the owner
and approved by the Construction Official.
8.
Such other information as may be required by the Borough of Keansburg.
d.
In the event of tenancy changes during the year, the landlord, owner
or managing agent shall, within 30 days of the change of tenancy,
provide an updated Rental Property Registration Statement for every
unit in which a change in tenant has occurred. This shall be in addition
to the requirements for obtaining a certificate of occupancy for the
change of tenant. A change in tenancy shall mean the addition of any
person not included in the annual statement, or deletion of any person
in the annual statement.
[Ord. No. 1438; Ord. No. 1475; Ord. No.
1503; Ord. No. 2015-1560; Ord. No. 2016-1583]
a.
AGENT
APARTMENT OR DWELLING
COMMERCIAL
COMMERCIAL UNIT
DWELLING UNIT
FAMILY MEMBER
OWNER
OWNER-OCCUPIED
PERSON
REGISTRANT
REGISTRATION
RENT OR RENTED
RENTAL FACILITY
RENTAL UNIT
TENANCY
TENANT
Definitions. Unless the context clearly indicates a different meaning,
the following words or phrases, when used in this chapter, shall have
the following meanings:
Shall mean the individual or individuals designated by the
owner as the person(s) authorized by the owner to perform any duty
imposed upon the owner of this property. The term does not necessarily
mean a licensed real estate broker or salesman of the State of New
Jersey, as those terms are defined by N.J.S.A. 45:15-3; however, such
term may include a licensed real estate broker or salesman of the
State of New Jersey, if such person designated by the owner as his
agent is so licensed.
Shall mean any apartment, cottage, bungalow, any room or
rooms in a rooming house/boardinghouse or other dwelling unit consisting
of one or more rooms occupying all or part of a floor or floors in
a building, whether designed with or without housekeeping facilities
for dwelling purposes and notwithstanding whether the apartment be
designed for residence, for office or the operation of any industry
or business or for any other type of independent use. Each dwelling
unit shall contain no more than one kitchen or cooking facility.
Shall mean related to or connected with trade and traffic
or business and commerce.
Shall mean a building or structure, or any part thereof,
used for the manufacturing, processing or assembling of material or
manufactured products or for research, office, industrial, commercial,
retail, service, recreational, hotel or motel facilities or for warehousing
purposes or for any combination thereof.
Shall mean any room or rooms or suite or apartment, including
any room or rooms in a rooming house/boardinghouse, whether furnished
or unfurnished, which is occupied or intended, arranged or designed
to be occupied for sleeping or dwelling purposes by one or more persons,
including but not limited to the owner thereof or any of his servants,
agents or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvement connected with use
or occupancy thereof. Each dwelling unit shall contain no more than
one kitchen or cooking facility.
Shall include parents of the owner or the owner's spouse,
as well as children of the owner or owner's spouse.
Shall mean any person or group of persons, firm, corporation
or officer thereof, partnership, association or trust who owns, operates,
exercises control over, or is in charge of a rental facility.
Shall mean a portion of a rental facility, dwelling, commercial
unit or dwelling unit shall be considered owner-occupied if the owner
makes his primary residence therein. A person may have only one primary
residence in the Borough.
Shall mean an individual, firm, corporation, partnership,
association, trust or other legal entity, or any combination thereof.
Shall mean the person to whom the registration is issued
pursuant to this article. The term "registrant" includes within its
definition the term "agent," where applicable.
Shall mean the registration issued by the Borough Clerk or
designee attesting that the rental unit has been properly registered
in accordance with this article.
Shall mean occupied by any person or persons other than the
owner, regardless of whether there is a written or oral agreement
and regardless of whether the owner receives consideration for the
occupancy.
Shall mean every building, group of buildings or a portion
thereof consisting of less than three dwelling units and having sleeping
facilities for less than 25 occupants, kept, used, maintained, advertised
or held out to be a place where living accommodations are supplied,
whether furnished or unfurnished, for pay or other consideration,
to one or more individuals.
Shall mean a dwelling unit or commercial unit which is available
by lease, rental or otherwise to persons other than the owner. "Rental
unit" shall not include that portion of a rental facility, dwelling,
commercial unit or dwelling unit that is owner-occupied.
Shall mean occupancy of the unit by one or more tenants.
Shall mean occupant in a unit other than the owner.
b.
Registration Form and Fees. At the time of the filing of the registration
form and prior to the issuance of a registration certificate, the
owner or agent of the owner must pay a fee in accordance with the
following schedule:
1.
An annual registration fee and registration form is required for
each rental unit due and payable on January 1 for a twelve-month period
according to the following schedule:
(a)
If there are fewer than eight rental units on a property (block
and lot), for each non-owner-occupied rental units: $200 per unit.
(b)
If there are eight or more rental units on a property (block
and lot), for each non-owner-occupied rental units: $150 per unit.
(c)
If an annual registration fee is not paid within 30 days of
its due date, a late fee surcharge of $50 per unit will be assessed.
2.
No person shall hereafter occupy any rental unit, nor shall the owner
permit occupancy of any rental unit, within the Borough of Keansburg
which is not registered in accordance with this section.
3.
Upon the filing of a completed registration form and payment of the
prescribed fee and a satisfactory inspection, the owner shall be entitled
to the issuance of a registration commencing on the date of issuance
and expiring on the 31st of December of the same year. A registration
form shall be required for each rental unit, and a registration certificate
shall issue to the owner for each rental unit, even if more than one
rental unit is contained in the property.
5.
Each rental unit shall be inspected with each change in occupancy, as set forth in subsection 11-4.3 hereof. Any lease which has been executed prior to the adoption of this section shall not be affected, but the rental unit must nevertheless be registered and inspected in accordance with this section. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this section.
6.
Every person required to file a registration form pursuant to this
section shall file an amended registration form within 20 days after
any change in the information required to be included thereon. No
fee shall be required for the filing of an amendment, except where
the ownership of the premises is changed.
[Ord. No. 1438; Ord. No. 2016-1583]
a.
Inspection Required. No owner shall lease, rent or otherwise allow
the occupancy of any unit or rental dwelling space within the Borough
without first securing a certificate of inspection for the occupancy.
The certificate of inspection so issued shall apply only to the tenancy
for which it is issued. An inspection is required upon every change
in ownership, tenancy or occupancy.
1.
All rental units shall be inspected by person or agencies duly authorized
by the Borough for inspections for purposes of determining Zoning
Ordinance compliance, and to determine if the rental property, unit
or complex complies with all laws including, but not limited to the
Property Maintenance Code.
2.
In the event that the inspection(s) of a rental unit does not result
in a satisfactory inspection, the owner or agent shall cause all necessary
repairs or corrections to be made within the time prescribed by the
applicable official or code, and if not made within that time period,
the owner shall be deemed in violation of this section and every day
that the violation continues shall constitute a separate and distinct
violation subject to the penalty provisions herein.
3.
All rental units subject to this section shall be subject to the
inspections to determine their condition in order to safeguard the
health, safety and welfare of the occupants of such rental units and
of the general public and to determine compliance with this section.
The owner, operator, agent and occupant shall make units available
for such inspections and are required to provide necessary arrangements
to facilitate such inspections. Inspections shall be made with the
consent of the occupant, who is of legal age to grant such consent
or, absent consent, with an administrative search warrant, unless
there is reason to believe that a violation exists which possess an
immediate threat to health or safety, requiring inspection and abatement
without delay. Reasonable attempts shall be made to obtain consent
of the occupant.
4.
In the event of a refusal of entry for inspection, the inspection
officer may, upon affidavit, apply to the judge of the Municipal Court
for a search warrant setting forth the reasonable basis for believing
that a nuisance or violation of this section exists.
5.
An inspected and approved vacant rental unit shall be reinspected
after a period of 90 days from the last inspection. At the end of
the ninety-day period, a fire inspection shall be required, and a
$35 fire inspection fee will be applied for each rental unit.
b.
Application for Inspection. Upon filing of an application for such
certificate of inspection the Borough shall cause such rental unit
to be inspected by a Borough Inspector designated therefor whose findings
for such unit must indicate that the unit permits the standards provided
by law in the interests of the public safety, health and welfare.
c.
Inspection Fees.
1.
Upon the filing of an application for an inspection for the issuance
of a certificate of occupancy, the applicant shall pay to the Borough
a fee of $110 which will entitle the applicant to two initial inspections
and fire inspections.
3.
If an appointment is made by an applicant with a Building Inspector
for the purpose of conducting an inspection, and the applicant does
not appear without having notified the inspector at least 48 hours
in advance of the time agreed upon for inspection, the applicant shall
forfeit the fee for the scheduled inspection, and must pay a reinspection
fee for any rescheduled inspection.
4.
If the owner of the property is a senior citizen or disabled citizen
who resides in a unit of the property and rents out the remaining
units and would otherwise qualify under the State of New Jersey property
tax deduction under N.J.S.A. 54:4-8.41, there shall be no inspection
fees.
5.
If the occupant of a rental unit is a family member, as defined by
this section, no registration fee or inspection schedule shall apply,
except upon change in occupancy. Registration of units occupied by
family members is required and, in addition, must be accompanied by
an affidavit stating the relationship of the occupant to the owner
or owner's spouse.
[Ord. #1438]
a.
No person shall occupy any rental unit, nor shall the owner permit
occupancy of any rental unit unless the unit is registered in accordance
with this section.
b.
The owner shall post the maximum number of occupants in a conspicuous
area within the rental unit. It shall be unlawful for any person,
including the owner, agent or tenant, to allow a greater number of
persons than the posted maximum number of occupants to reside in the
rental unit.
c.
Only those persons whose names are on file as required in this section
may reside in the registered premises. It shall be unlawful and a
violation of this section for any other person to reside in the premises.
This provision may be enforced against the landlord and tenant and/or
other person residing in the premises.
d.
No rental property or unit shall be conducted or maintained in a
manner to constitute a nuisance.
[Ord. #1438]
If, in the opinion of the Housing Inspector Officer, only minor
violations are found to exist after the inspection, a temporary certificate
of occupancy (TCO) can be issued, permitting a new occupant to conditionally
occupy the premises. This shall specify that the owner or the operator
has agreed that the violations exist and to make all required repairs
within 10 days (for tenant occupied units), 90 days (for change of
title of new owner occupied units) after the receipt of a temporary
certificate of occupancy (TCO). "Minor violations" shall be constructed
to mean violations which do not present an immediate danger to health,
safety or welfare of the occupant.
[Ord. #1438; Ord. #2015-1560]
Shall mean the person, title holder or any agent of the title holder having authority to act with respect to a property, any foreclosing entity subject to the provisions N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Section 17 as amended by P.L. 2009, c. 296), corporation or business entity which owns, purports to own or exercise control over any residential rental property.
Shall mean any building used or to be used as a residence
which is not legally occupied or at which substantially all lawful
construction operations or residential occupancy has ceased, and which
is in such condition that it cannot legally be reoccupied without
repair or rehabilitation, including but not limited to any property
meeting the definition of abandoned property in N.J.S.A. 55:19-80;
provided, however, that any property where all building systems are
in working order, where the building and grounds are maintained in
good order, or where the building is in habitable condition, shall
not be deemed a vacant property for purposes of this section.
[Ord. #1438; Ord. #1511]
Failure to comply with the provisions of this Chapter shall
result in the imposition of the following penalties:
a.
Fine Schedule. Failure to comply with the provisions of this Chapter
shall result in the imposition of a fine:
1st Offense - $100.
2nd Offense - $250.
3rd Offense, or Any Subsequent Offense - mandatory Court appearance
-maximum fine of $1,250 and in addition to the fine set forth, the
Court may impose imprisonment for a term not exceeding 90 days, or
a period of community service not exceeding 90 days, or both.
It shall be deemed a separate and distinct violation, subject
to the penalty provisions of this section, for each and every day
that such violation continues and for each and every rental property
and/or rental unit for which the violation continues.
[Ord. #848, § 1; Ord. #1437]
a.
Notwithstanding any other provisions of this Chapter, or any provision
of any Statute or Code, no housing occupancy certificate shall be
issued unless an ionization type fire and smoke detector device is
installed on each floor of any dwelling unit for which a housing occupancy
certificate is required, including but not limited to one-family houses,
two-family houses and any three- or more family structures.
b.
Notwithstanding any other provisions contained herein, there shall
be at least one fire and smoke detector device for each rental unit
no matter how many rental units may be on a single floor.
c.
Carbon Monoxide Detectors. Carbon monoxide detectors shall be installed
in all dwelling units as prescribed by the Uniform Construction Code
of the New Jersey Department of Community Affairs Division of Codes
and Standards.
d.
Fee Schedule. An application fee for a certificate of smoke detector
and carbon monoxide alarm compliance (CSDCMAC), as required by N.J.S.A.
5:70-2.3, shall be based upon the amount of time remaining before
the changing of occupancy:
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 849, 941, 1065 and 1143.
[Ord. #1240, § 1; Ord. #1529]
A certain document three copies of which are on file in the office of the Municipal Clerk of the Borough of Keansburg, being marked and designated as "The BOCA National Property Maintenance Code, 2006 Edition," as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Keansburg, 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 said BOCA National Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in subsection 11-6.3 of this section.
[Ord. #1240, § 2]
All ordinances or parts thereof inconsistent with the provisions
of this section are hereby repealed as to such inconsistency.
[Ord. #1240, § 3]
The BOCA National Property Maintenance Code is amended and revised
in the following respects:
Section PM - 101.1 These regulations shall be known as the Property
Maintenance Code of the Borough of Keansburg, hereinafter referred
to as "this Code."
Section PM - 106.2 Deleted in its entirety. Any reference to P.M. 106.2 is hereby replaced by Section 11-6.8 (Penalty) of the Revised General Ordinances of the Borough of Keansburg.
Section PM - 304.15 Insect screens. During the period from April
1 to October 1, every door, window and other outside opening utilized
or required for ventilation purposes serving any structure containing
habitable rooms, food preparation areas, food service areas, or any
areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored, shall
be supplied with approved tightly fitting screens of not less than
16 mesh per inch and every swinging door shall have a self-closing
device in good working condition.
Exception: Screen doors shall not be required where other approved
means, such as air curtains or insect repellent fans are employed.
Section 602.2.1 Heat Supply. Every owner and operator of any
building who rents, leases or lets one or more dwelling units, rooming
unit, dormitory or guestroom on terms, either express or implied,
to furnish heat to the occupants thereof shall supply sufficient heat
during the period from October 1 to May 1 to maintain the room temperatures
specified in Section PM - 602.2 during the hours between 6:30 a.m.
and 10:30 p.m. of each day and not less than 60° F. (16° C.)
during other hours.
Section 602.3 Nonresidential structures. Every enclosed occupied
work space shall be supplied with sufficient heat during the period
October 1 to May 1 to maintain a temperature of not less than 65°
F. (18° C.) during all working hours.
Exceptions:
|
1. Processing, storage and operation areas that require cooling
or specific temperature conditions.
|
|
2. Areas in which persons are primarily engaged in vigorous
physical activities.
|
[Ord. #1143]
Structure shall mean that which is built or constructed, including
without limitation because of enumeration, buildings for any occupancy
or use whatsoever, fences, signs, (including banners and pennants)
billboards, fire escapes, chute escapes, railings, water tanks, towers,
open grade steps, sidewalks or stairways, tents or anything erected
and framed of component parts which is fastened, anchored or rests
on a permanent foundation or on the ground.
[Ord. #1143]
Any person, firm or corporation, who shall violate any provision
of this Code shall, upon conviction thereof, be subject to a fine
of not less than $100 nor more than $1,000 or imprisonment for a term
not to exceed 90 days, or both, at the discretion of the Court. Each
day that a violation continues after due notice has been served in
accordance with the provisions hereof, shall be deemed a separate
offense. In the alternative or as an additional penalty pursuant to
N.J.S.A. 40:49-5, the Court may order and require community service
for not less than 10 days or more than 90 days upon conviction.
[Ord. #1143]
In order to abate any public nuisance on the premises or in
the structure, correct any violation of this Code or maintain the
premises or structure in a proper condition under this Code, the Code
Official may appoint a custodian for such premises or structure pursuant
to N.J.S.A. 40:48-2.12 et seq., or institute a rent receivership proceeding
pursuant to N.J.S.A. 40:48-2.12 et seq., in addition to any corrective
or abatement work ordered by the Code Official being a lien against
the real estate to be enforced for the collection of taxes pursuant
to N.J.S.A. 40:48-2.12f.
[Ord. #190, § 1]
Any building, wall or structure which is or may become dangerous
to life or health or might tend to extend a conflagration in the Borough
may be removed or destroyed in the manner as herein provided.
[Ord. #190, § 2]
Upon any report being made to the Borough Council that any building,
wall or structure is or may become dangerous to life or health or
might tend to extend a conflagration and the Borough Council shall
be satisfied that there is grounds for the complaint, the Borough
Council shall pass a resolution ordering the Building Inspector of
the Borough, the Fire Chief, and the Inspector of the Board of Health
to make an inspection of the building, wall or structure to ascertain
whether the same is or may become dangerous to life or health or might
tend to extend a conflagration.
[Ord. #190, § 3]
After the passage of the resolution, the Building Inspector,
the Fire Chief and the Inspector of the Board of Health shall make
a complete inspection of the property designated in the resolution,
and shall, under their names, report their findings in detail to the
Borough Council.
[Ord. #190, § 4]
The Borough Council, upon receiving the report of the Building
Inspector, the Fire Chief and the Inspector of the Board of Health,
and by the report, it shall appear that such building, wall or structure
is or may become dangerous to life or health or might tend to extend
a conflagration of any of them, then the Borough Council shall fix
a date for a hearing upon the report. The Borough Council shall cause
a notice to be served upon the owner of the property or any tenant
thereof and any and all persons having any liens against the same.
The notice shall be served upon the person personally, and if they
are not resident in the Borough then by mailing a copy of such notice
to the person and affixing a copy of the notice upon the property
which is the subject matter of the hearing. The notice shall be served
in the manner aforesaid at least 30 days before the date of the hearing.
The notice shall state the time and place of the hearing and shall
also have attached thereto a copy of the report of the Building Inspector,
Fire Chief and Board of Health Inspector, and shall also contain a
further notice that the persons upon whom the notice shall be served
shall remove or destroy the building, wall or structure before the
date of the hearing or present proper evidence at the meeting that
the report aforesaid is contrary to the actual facts.
[Ord. #190, § 5]
At the hearing, if it is shown to the satisfaction of the Borough
Council that the report of the Building Inspector, Fire Chief and
Inspector of the Board of Health is true and that the building, wall
or structure is or may become dangerous to life or health or might
tend to extend a conflagration, then in that event, the Borough Council
shall pass a resolution declaring that the building, wall or structure
is or may become dangerous to life or health or might tend to extend
a conflagration or any of them, it should be removed or destroyed,
and the Borough Council may immediately thereafter proceed to enter
in upon the property and remove and destroy the building, wall or
structure.
[Ord. #190, § 6]
The cost and expense of the removing or destroying of the building,
wall or structure which may be incurred by the Borough Council in
doing the work shall be chargeable against the owners of the property,
and they may proceed to collect the same in the usual manner prescribed
by law.
[Ord. #1122, § 1]
As used in this section.
Shall mean one who rents, leases or otherwise occupies any
unit or rental dwelling space or room in a boarding house.
Shall mean any house or building, together with any related
structure, accessory building, any land pertinent thereto, and any
part thereof, which contains two or more units of dwellings space
arranged or intended for single room occupancy, exclusive of any such
unit occupied by an owner or operator, including any residential hotel
or congregate living arrangement. A house in which family members
contribute to the costs of the home is not a boarding house.
Shall mean the person who owns, purports to own or exercises
control of any boarding house.
[Ord. #1122, § 2]
The purpose of this section is to protect the public health
and welfare by regulating boarding houses.
[Ord. #1122, § 3]
This section does not apply to licensed nursing homes, State
operated institutions, or by any municipal corporation, or by any
political subdivision of the State or body politic of any kind. Any
nonprofit group or organization operating a rooming house or boarding
house must comply with the terms of this section.
[Ord. #1122, § 4]
No owner shall lease, rent, or otherwise allow the occupancy
of any unit or rental dwelling space or room in a boarding house within
the Borough without first securing a certificate of inspection for
the occupancy. The certificate of inspection so issued shall apply
each time, and as a prerequisite to, a new boarder leases, rents or
otherwise seeks to occupy an individual unit, rental dwelling space
or room within a boarding house.
[Ord. #1122, § 5]
Upon filing of an application for such certificate of inspection,
the Borough shall cause such rental unit to be inspected by a Borough
inspector designated therefor whose findings for such unit, rental
dwelling space or room within a boarding house must indicate that
the unit permits the standards provided by law in the interests of
public safety, health and welfare. The unit, rental dwelling space,
or room within the boarding house, specifically the bed, furniture
and premises must be in a clean and sanitary condition. In addition,
the premises shall be kept free from vermin, insects and rodents.
[Ord. #1122, § 6]
a.
Upon the filing of an application for an inspection the applicant
shall pay to the Borough a fee of $25 which will entitle the applicant
to initial inspections for all units, dwelling spaces or rooms within
a boarding house.
b.
Additional health inspection shall be required each time a boarder
changes within a single unit, rental dwelling space or individual
room within a boarding house. Upon the filing of an application for
a health inspection, the applicant shall pay to the Borough a fee
of $15 which will entitle the applicant to an immediate inspection.
c.
If an appointment is made by an applicant with an inspector for the
purpose of conducting an inspection, and the applicant does not appear
without having notified the inspector at least 48 hours in advance
of the time agreed upon for the inspection, the applicant shall forfeit
the application fee paid for the scheduled inspection and must pay
an additional application fee, which shall be equal to the initial
application fee, for any rescheduled inspection.
[Ord. #1122, § 7]
Every owner who fails to comply with the requirements of this
section shall be subject to a fine of not less than $50 and not more
than $1,000 or imprisonment for a period not to exceed 90 days or
both.
[Ord. #1152, § 1; Ord. #1358, § 2]
The Borough Council finds, determines and declares that:
a.
Keansburg is a year-round community and its citizens have experienced
disturbances, damage and public expense resulting from carelessly
granted and inadequately supervised rentals to inadequately supervised
rentals to irresponsible renters by inept or indifferent landlords.
b.
This section is enacted to preserve the peace and tranquility of
the community for its permanent residents, and to maintain the municipality
as a viable resort for all persons and families availing themselves
of the facilities in the community.
c.
The enactment of this section is necessary and desirable to provide
a means to curb and discourage those occasional excesses arising from
irresponsible rentals.
d.
That tenants should be held equally responsible for disorderly acts
or unsafe conditions created by tenants in rental premises.
[Ord. #1152, § 2; Ord. #1358, § 2]
For the purpose of this section, the following meanings shall
apply:
Shall mean a licensed attorney of the State of New Jersey
appointed by the Mayor, subject to advice and consent of the Borough
Council. The hearing officer shall not own or lease any real property
within the Borough of Keansburg, nor hold any interest in the assets
of or profits arising from the ownership of such property.
Shall mean 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,
including but not limited to any building subject to the "Hotel and
Multiple Dwelling Law," P.L. 1967, c.76 (N.J.S.A. 55:13A-1 et seq),
and owner-occupied two-unit premises. In the case of a mobile home
park, "Landlord" means the owner of an individual dwelling unit within
the mobile home park.
Shall mean any rental of residential accommodations for a
term of specified or implied term.
Shall mean an act of disorderly, indecent, tumultuous or
riotous conduct upon or in proximity to any 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.
[Ord. #1358, § 2]
a.
If in any one year, two complaints, on separate occasions, of disorderly,
indecent, tumultuous or riotous 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, the Borough
Council or any officer or employee of the Borough of Keansburg so
designated by the Borough Council for this purpose, may institute
proceedings to require the landlord of the premises to post a bond
against the consequences of future incidents of the same character.
b.
The Borough Council or any officer or employee of the municipality
designated by the Borough Council 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
complaint upon which those proceedings are based, and of the times
and place at which the hearing will be held in the matter, which shall
be in the Municipal Building, Municipal Court or such other public
place as designated by the Borough Council, and which shall be no
sooner than 30 days from the date upon which the notice is served
or mailed.
c.
At the hearing convened pursuant to paragraph b above, the hearing
officer shall give 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.
At the conclusion of the hearing, the hearing officer shall determine
whether the landlord shall be required to post a bond in accordance
with their terms of the 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 complaints upon which the proceedings
are based, and judged 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 to upon disruption of affected residents' rights of fair
use and quiet enjoyment of their premises; and
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.
Compensating the municipality for the costs of repressing and prosecuting
such incidents of disorderly behavior; provided, however, no such
bond shall be in an amount less than $500 nor more than $5,000. The
municipality may enforce a bond thus required by action on 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.
e.
Any bond or other security deposited in compliance with paragraph d above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under subsection 11-9.4 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement for security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by paragraph d above in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Borough Council may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
[Ord. #1358, § 2]
a.
If during the period for which a landlord is required to give security pursuant to subsection 11-9.3 above, a substantiated complaint is recorded against the property in question, the Borough Council, or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, and or extension as provided in subsection 11-9.3e above, of the period for which the security is required, and/or for increase in the amount of security required, or for any or all of those purposes.
b.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in subsection 11-9.3d above. 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 set forth in subsection 11-9.3d above, shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to effectually carry out the purposes of this section. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in subsection 11-9.3d above.
[Ord. #1358, § 1]
The hearing officer shall be a person or persons appointed by
the Mayor, subject to the advice and consent of the Borough Council.
A hearing officer shall not own or lease any real property within
the Borough of Keansburg, nor hold any interest in the assets of or
profits arising from the ownership or lease of such property.
[Ord. #1160]
Each house, apartment and building shall be properly numbered
with three inch numerals, in conformance with regulations contained
in the BOCA Code.
[Ord. #1451]
To the extent not otherwise prohibited by any other provision
of this Code, it shall be unlawful to place a permanent and/or movable
storage or transportation trailer of any kind, or other such storage
container, upon any site within the Borough, whether to be left and/or
parked/stored in an empty state, or to be used for the storage of
any construction materials, other materials or goods, equipment, tools,
etc., of any kind or nature whatsoever, except to extent the said
trailer, or container is being used temporarily in conjunction with
an authorized and properly permitted active construction project on
said site, or to the extent such storage use is authorized pursuant
to the Borough's Zoning Ordinances.
Placement of said containers, on private property shall not
exceed 14 calendar days.
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Part I. ABANDONED PROPERTY LIST.
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[Ord. No. 2016-1582]
a.
Except as provided in N.J.S.A. 55:19-83, any property that has not
been legally occupied for a period of six months and which meets any
one of the following criteria may be deemed to be abandoned property
upon a determination by the Code Enforcement Officer, or such other
public officer designated or appointed by the Borough Manager, that:
1.
The property is in need of rehabilitation in the reasonable judgment
of the Code Enforcement Officer, pursuant to N.J.S.A. 40:48-2.5, and
no rehabilitation has taken place during that same six-month period;
2.
Construction was initiated on the property and was discontinued prior
to completion, leaving the building unsuitable for occupancy, and
no construction has taken place for at least six months;
3.
At least one installment of property tax remains unpaid and delinquent
on that property as of the date of a determination;
4.
The property has been determined to be a nuisance by the Code Enforcement
Officer, for one or more of the following reasons:
(a)
The property has been found to be unfit for human habitation,
occupancy or use pursuant to (N.J.S.A. 40:48-2.3);
(b)
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
(c)
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so;
(d)
The presence of vermin or the accumulation of debris, uncut
vegetation or physical deterioration of the structure or grounds have
created potential health and safety hazards and the owner has failed
to take reasonable and necessary measures to remove the hazards;
(e)
The dilapidated appearance or other condition of the property
materially affects the welfare, including the economic welfare, of
the residents of the area in close proximity to the property, and
the owner has failed to take reasonable and necessary measures to
remedy the conditions.
b.
A property which contains both residential and nonresidential space
may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq.,
so long as 2/3 or more of the total net square footage of the building
was previously legally occupied as residential space and none of the
residential space has been legally occupied for at least six months
at the time of the determination of abandonment by the Code Enforcement
Officer.
[Ord. No. 2016-1582]
a.
The Code Enforcement Officer shall identify abandoned property within
the Borough of Keansburg for the purpose of establishing an abandoned
property list. The abandoned property list shall include, for each
abandoned property identified, the tax block and lot number, the name
of the owner of record, if known, street address of the lot and the
date added to the list. The Code Enforcement Officer may add properties
to the abandoned property list at any time, and may delete properties
at any time when he or she finds that the property no longer meets
the definition of an abandoned property.
b.
An abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of rehabilitation
work authorized by those permits. A property on which an entity other
than the Borough of Keansburg has purchased or taken assignment from
the Borough of a tax sale certificate which has been placed on the
abandoned property list may be removed if the owner of the certificate
pays all municipal taxes and liens due on the property within 30 days
after the property is placed on the list; provided, however, that
if the owner of the certificate fails to initiate foreclosure proceedings
within six months after the property was first placed on the list,
the property shall be restored to the abandoned property list in accordance
with the provisions of N.J.S.A. 55:19-103.
c.
The Code Enforcement Officer shall establish the abandoned property
list, after which a notice of violation will be sent, certified mail,
return receipt requested, and by regular mail, to the owner of record
and any stakeholder. The notice of violation shall identify the property
determined to be abandoned, setting forth the owner of record and
any stakeholder, if known, the tax lot and block number, street address
and the date the property was added to the list. The Code Enforcement
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 receives a duplicate
copy of the tax bill pursuant to N.J.S.A. 54:4-64(d). When the owner
of record is not known for a particular property and cannot be ascertained
by the exercise of reasonable diligence by the Tax Collector, notice
shall not be mailed but instead shall be posted on the property in
the manner as provided in N.J.S.A. 40:48-2.7. The mailed notice shall
indicate the factual basis for the finding of the Code Enforcement
Officer, that the property is abandoned as that term is defined herein
and in N.J.S.A. 55:19-54, and shall specify the information relied
upon in making such finding. In all cases, a copy of the mailed or
posted notice shall also be filed by the Code Enforcement Officer
in the Office of the Monmouth County Clerk. This filing shall have
the same force and effect as a formal notice under N.J.S.A. 2A:15-6.
The notice shall be captioned with the name of the Borough of Keansburg
as "plaintiff" and the name of the property owner as "defendant,"
as though an action had been commenced by the Borough against the
owner.
d.
An owner or lienholder may challenge the inclusion of his property
on the abandoned property list by appealing that determination to
the Borough Manager within 30 days of the owner's receipt of the certified
notice or 40 days from the date upon which the notice was sent. An
owner whose identity was not known to the Code Enforcement Officer,
shall have 40 days from the date upon which notice was posted, whichever
is later, to challenge the inclusion of a property on the abandoned
property list. For good cause shown, the Borough Manager may accept
a late filing of an appeal. Within 30 days of receipt of a request
for an appeal of the findings contained in the notice, a hearing shall
be scheduled for redetermination of the matter. Any property included
on the list shall be presumed to be abandoned property unless the
owner, through the submission of an affidavit or certification asserting
that the property is not an abandoned property, can demonstrate that
the property was erroneously included on the list. The affidavit or
certification shall be accompanied by supporting documentation, such
as, but not limited to, photographs, repair invoices, bills and construction
contracts. The sole ground for appeal shall be that the property in
question is not abandoned property as that term is defined herein
and in N.J.S.A. 55:19-54. The Borough Manager shall decide any timely
filed appeal within 10 days of the hearing on the appeal and shall
promptly, by certified mail, return receipt requested, and by regular
mail, notify the property owner of the decision and the reasons therefor.
e.
The property owner may challenge an adverse determination of an appeal,
in accordance with the New Jersey Court Rules, a summary trial proceeding
in the Superior Court, Monmouth County. Such action shall be instituted
within 20 days of the date of the notice of decision. The sole ground
for appeal and new hearing before the Superior Court shall be that
the property in question is not an abandoned property as that term
is defined in N.J.S.A. 55:19-54. The failure to institute an action
of appeal on a timely basis shall constitute a jurisdictional bar
to challenging the adverse determination, except that, for good cause
shown, the court may extend the deadline for instituting the action.
f.
The Borough shall promptly remove any property from the abandoned
property list that has been determined by the Borough Manager or on
appeal not to be abandoned and may, in its discretion, remove properties
from said list whenever he deems such removal appropriate under the
circumstances.
g.
The abandoned property list shall become effective, and the Borough
of Keansburg shall have the right to pursue any legal remedy with
respect to properties on the list, at any time after at least one
property has been placed on the list and following the expiration
of the period for appeal with respect to that first property or upon
the denial of an appeal brought by the property owner of that first
property.
[Ord. No. 2016-1582]
a.
Any interested party may submit a written request to the Borough
asserting that any property within the Borough of Keansburg should
be included on the abandoned property list. The written request must
specify the street address and block and lot number of the property
to be included and the grounds for its inclusion. Within 30 days of
receipt of any such request, the Borough shall provide a written response
to the party, either indicating that the property will be added to
the list or, if not, the reasons for not adding the property. For
the purposes of this section, the term "interested parties" shall
include any resident of the Borough of Keansburg, any owner or operator
of a business within the Borough of Keansburg or any organization
representing the interests of residents, business owners or otherwise
engaged in furthering the revitalization and improvement of the neighborhood
in which the property is located.
b.
Any interested party may participate in a redetermination hearing
regarding the inclusion of a property on the abandoned property list.
Upon written request by any interested party, the Borough Manager
shall provide that party with at least 20 days' notice of any such
hearing. The party shall provide the Borough with notice at least
10 days before the hearing of its intention to participate and the
nature of the testimony or other information that it proposes to submit
at the hearing.
[Ord. No. 2016-1582]
a.
An owner may request removal of their property from the Abandoned
Properties List prior to sale of the tax sale certificate by paying
all taxes and Borough liens due, including interest and penalties,
and:
1.
By posting cash or a bond equal to the cost of remediating all conditions
because of which the property has been determined to be abandoned
pursuant to N.J.S.A. 55:19-55 and by posting cash or a bond to cover
the cost of any environmental cleanup required on the property, evidenced
by a certification by a licensed engineer retained by the owner and
reviewed and approved by the Borough stating that the cash or bond
adequately covers the cost of the cleanup; or
2.
By demonstrating to the satisfaction of the Borough that the conditions
rendering the property abandoned have been remediated in full; provided,
however, that where the Manager finds that the owner is actively engaged
in remediating the conditions because of which the property was determined
to be abandoned, as evidenced by significant rehabilitation activity
on the property, may be granted an extension of time of not more than
120 days for the owner to complete all work, during which time no
further proceedings will be taken against the owner or the property.
b.
If the owner has posted cash or a bond in order to have a property
removed from the abandoned property list and the conditions because
of which the property was determined to be abandoned have not been
fully remediated within one year of the date of posting the cash or
bond, or, in the case of a property which requires a remediation of
any known, suspected or threatened release of contaminants, if the
owner has failed to enter into a memorandum of agreement with the
New Jersey Department of Environmental Protection or an administrative
consent order, as the case may be, or if an agreement or order is
in effect but the owner has failed to perform the remediation in conformance
with the agreement or order, then the cash or bond shall be forfeited
to the Borough, which shall use the cash or bond and any interest
which has accrued thereon for the purpose of demolishing or rehabilitating
the property or performing the environmental remediation. Any funds
remaining after the property has been demolished, rehabilitated or
cleaned up shall be returned to the owner.
[Ord. No. 2016-1582]
a.
Notwithstanding the provisions of N.J.S.A. 54:5-19, or the provisions
of any other law to the contrary, if a property is included on the
abandoned property list and the property taxes or other Borough liens
due on the property are delinquent for six or more quarters as of
the date of expiration of the right to appeal the property's inclusion
on the list or, if an appeal has been filed, as of the date that all
opportunities for appeal of inclusion on the list have been exhausted,
then the tax lien on the property may be sold in accordance with the
procedures of the Tax Sale Law, N.J.S.A. 54:5-1 et seq., on or after
the 90th day following the expiration of that time of appeal or final
determination on an appeal.
b.
The Borough of Keansburg may, at its option, require that the sale
of the tax sale certificate or any subsequent assignment or transfer
of a tax sale certificate held by the Borough be subject to the express
condition that the purchaser or assignee shall be obliged to perform
and conclude any rehabilitation or repairs necessary to remove the
property from the abandoned property list pursuant to N.J.S.A. 55:19-55
and to post a bond in favor of the Borough to guarantee the rehabilitation
or repair of the property. The Governing Body of the Borough may waive
a requirement to post a bond imposed by the Borough for any purchaser,
assignee or transferee of a tax sale certificate that provides documentation
acceptable to the Governing Body of the Borough that the purchaser,
assignee or transferee is a qualified rehabilitation entity as defined
in N.J.S.A. 55:19-80. The cost of rehabilitation and repairs and the
cost of the bond shall be added to the amount required to be paid
by the owner for redemption of the property. The purchaser, assignee
or transferee of the tax sale certificate who is required to rehabilitate
and repair the property shall be required to file the appropriate
affidavits with the Tax Collector, pursuant to N.J.S.A. 54:5-62, representing
the amounts of monies expended periodically toward the rehabilitation
or repair of the property. A purchaser, assignee or transferee shall
be entitled to interest on the amounts expended, as set forth in the
affidavits, at the delinquent rate of interest for delinquencies in
excess of $1,500 in effect for the time period when the amounts were
expended, pursuant to N.J.S.A. 54:4-67. The tax sale certificate purchaser,
assignee or transferee, with the authority of the Borough of Keansburg,
shall be permitted to enter in and upon the property for the purposes
of appraising the costs of rehabilitation and repair and to perform
all other acts required to guarantee the completion of the rehabilitation
or repair of the property. No rehabilitation or repair work shall
be commenced, however, until proof of adequate liability insurance
and an indemnification agreement, holding the Borough of Keansburg
harmless, has been filed with the Borough Clerk.
c.
If the Borough of Keansburg acquires the tax sale certificate for
a property on the abandoned property list, then, upon 10 days' written
notice to the property owner and any mortgagee as of the date of the
filing of the notice pursuant to N.J.S.A. 55:19-55, the Borough shall
be permitted to enter upon the property and remediate any conditions
that caused the property to be included on the abandoned property
list. No remediation shall be commenced, however, if within that ten-day
period the owner or mortgagee shall have notified the Borough in writing
that the owner or mortgagee has elected to perform the remediation
itself. When the owner or mortgagee elects to perform the remediation
itself, it shall be required to post bond in favor of the Borough
of Keansburg in order to ensure performance. The amount and conditions
of the bond shall be determined by the Governing Body of the Borough.
d.
The cost of remediation incurred by the Borough of Keansburg, as
so certified by the entity incurring the cost upon completion of the
remediation, shall constitute a lien upon the property first in time
and right to any other lien, whether the other lien was filed prior
to or after the filing of any lien by the Borough, except for Borough
taxes, liens and assessments and any lien imposed pursuant to the
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.,
together with any interest thereon. The certification of cost shall
be filed and recorded as a lien by the entity incurring the cost with
the Monmouth County Clerk.
e.
The clearance, development, redevelopment, or repair of property
being maintained as an abandoned property pursuant to this chapter
shall be considered a public purpose and public use, for which the
power of eminent domain may be lawfully exercised.
[Ord. No. 2016-1582]
a.
The Borough of Keansburg may hold special tax sales with respect
to those properties eligible for tax sale pursuant to N.J.S.A. 54:5-19
which are also on the abandoned property list.
b.
The Borough Manager shall establish criteria for eligibility to bid
on properties at the sale, which may include, but need not be limited
to:
1.
Documentation of the bidder's ability to rehabilitate or otherwise
reuse the property consistent with Borough plans and regulations;
commitments by the bidder to rehabilitate or otherwise reuse the property,
consistent with Borough plans and regulations;
2.
Commitments by the bidder to take action to foreclose on the tax
lien by a date certain; and
3.
Such other criteria, as may be determined, if necessary to ensure
that the properties to be sold will be rehabilitated or otherwise
reused in a manner consistent with the public interest.
c.
Establish minimum bid requirements for a special tax sale that are
less than the full amount of the taxes, interest and penalties due,
to help ensure that the properties will be rehabilitated or otherwise
utilized in a manner consistent with the public interest.
d.
The ability to combine properties in said special tax sale into bid
packages, and require that bidders place a single bid on each package,
rejecting any and all bids on individual properties that are submitted.
e.
The Borough may sell properties subject to the provision that if
the purchaser fails to carry out any commitment that has been set
forth as a condition of sale, or misrepresents any material qualification
that has been established as a condition of eligibility to bid pursuant
thereto, then the properties and any interest thereto acquired by
the purchaser shall revert to the Borough, and any amount paid by
the purchaser at the special tax sale shall be forfeit to the Borough.
f.
In the event there are two or more qualified bidders for any property
or bid package in a special tax sale, the Borough may designate the
unsuccessful qualified bidder whose bid was closest to the successful
bid, as an eligible purchaser. In the event that the selected purchaser
of that property or bid package fails to meet any of the conditions
of sale established by the Borough pursuant to this section and their
interest in the property or properties reverts to the Borough, the
Borough may subsequently designate the entity previously designated
as an eligible purchaser as the winning bidder for the property or
properties, and assign the tax sale certificates to that entity on
the basis of that entity's bid at the special tax sale, subject to
the terms and conditions of the special tax sale.
g.
The Borough of Keansburg shall provide notice of a special tax sale
pursuant to N.J.S.A. 54:5-26. The notice shall include any special
terms of sale established by the Borough pursuant to this section.
Nothing shall prohibit the Borough from holding a special tax sale
on the same day as a standard or accelerated tax sale.
[Ord. No. 2016-1582]
a.
When a person or entity other than the Borough of Keansburg acquires
a tax sale certificate for a property on the abandoned property list
at tax sale, the purchaser may institute an action to foreclose the
right of redemption at any time after the expiration of just six months
following the date of the sale of the tax sale certificate.
b.
When the Borough of Keansburg is the purchaser at tax sale of any property on the abandoned property list pursuant to N.J.S.A. 54:5-34, an action to foreclose the right of redemption may be instituted in accordance with the provisions of subsection (b) of N.J.S.A. 54:5-77.
c.
After the foreclosure action is instituted, the right to redeem shall
exist and continue to exist until barred by the judgment of the Superior
Court; provided, however, that no redemption shall be permitted except
where the owner:
1.
Posts cash or a bond equal to the cost of remediating the conditions
because of which the property was determined to be abandoned pursuant
to N.J.S.A. 55:19-55, as determined by the Court; or
2.
Demonstrates to the Court that the conditions because of which the
property was determined to be abandoned have been remedied in full.
[Ord. No. 2016-1582]
a.
If an entity other than the Borough of Keansburg has purchased or
taken assignment from the Borough of a tax sale certificate on a property
that has not been legally occupied for a period of six months, that
property shall not be added to the abandoned property list under the
following limited circumstances:
1.
The owner of the certificate continued to pay all Borough taxes and
liens on the property in the tax year when due; and
2.
The owner of the certificate takes action to initiate foreclosure proceedings within six months after the property is eligible for foreclosure pursuant to either subsection a or subsection b of N.J.S.A. 54:5-86, as appropriate, and diligently pursues foreclosure proceedings in a timely fashion thereafter.
b.
A property used on a seasonal basis shall be deemed abandoned only
if it meets any two of the additional criteria set forth in N.J.S.A.
55:19-81.
c.
A determination that a property is abandoned property under the provisions
of this chapter and N.J.S.A. 55:19-78 et seq., shall not constitute
a finding that the use of the property has been abandoned for purposes
of municipal zoning or land use regulation.
d.
Upon the request of a purchaser or assignee of a tax sale certificate seeking to bar the right of redemption on an abandoned property pursuant to subsection b of N.J.S.A. 54:5-86, the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of an "abandoned property" according to the criteria established in N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82.
[Ord. No. 2016-1582]
a.
A summary action or other action to transfer possession and control
of abandoned property in need of rehabilitation to the Borough of
Keansburg may be brought by the Borough in the Superior Court, Monmouth
County. If the Court shall find that the property is abandoned, and
that the owner or party in interest has failed to submit and initiate
a rehabilitation plan, then the Court may authorize the Borough to
take possession and control of the property and to develop its own
rehabilitation plan for the property.
b.
Where the Borough has been granted possession and control, the Borough
may commence and maintain further proceedings for the conservation,
protection or disposal of the property, or any part thereof, that
are required to rehabilitate the property, recoup the cost and expenses
of rehabilitation, and for the sale of the property; provided, however,
that the Court shall not direct the sale of the property if the owner
applies to the Court for reinstatement of control and possession of
the property as permitted by N.J.S.A. 55:19-92.
c.
Failure by the owner, mortgage holder or lienholder to submit a plan
for rehabilitation to the Borough, obtain appropriate construction
permits or, in the alternative, submit formal applications for funding
the cost of rehabilitation to local, State or Federal agencies providing
such funding, within the initial six-month period, shall be deemed
clear evidence that the owner has failed to take any action to further
the rehabilitation of the property.
d.
An owner may defend against a complaint filed pursuant to N.J.S.A.
55:19-84 by submitting a plan for the rehabilitation and reuse of
the property which is the subject of the complaint and by posting
a bond equal to 125% of the amount determined by the Borough to be
the projected cost of rehabilitation.
e.
Any plan submitted by an owner to defend against a complaint shall
be submitted within 60 days after the complaint has been filed, unless
the Court provides the owner with an extension of time for good cause
shown. A plan submitted by an owner pursuant to this section shall
include, but not be limited to:
1.
A detailed financial feasibility analysis, including documentation
of the economic feasibility of the proposed reuse, including operating
budgets or resale prices, or both, as appropriate;
2.
A budget for the rehabilitation of the property, including sources
and uses of funds, based on the terms and conditions of realistically
available financing, including grants and loans;
3.
A timetable for the completion of rehabilitation and reuse of the
property, including milestones for performance of major steps leading
to and encompassing the rehabilitation and reuse of the property;
and
4.
Documentation of the qualifications of the individuals and firms
that will be engaged to carry out the planning, design, financial
packaging, construction, and marketing or rental of the property.
f.
Where the Court approves the rehabilitation plan of the owner or
other party in interest, then it may appoint the Governing Body of
the Borough to act as monitor of compliance and progress. If the owner
fails to carry out any step in the approved plan, then the Borough
may apply to the Court to have the posted bond forfeited, to transfer
possession of the building to the Borough to complete the rehabilitation
plan, and to grant authorization to use the bond proceeds for the
rehabilitation. The owner or other party in interest shall provide
bimonthly reports to the Borough on its activities and progress toward
rehabilitation and reuse of the property.
g.
If an owner is unsuccessful in defending against a complaint filed
pursuant to N.J.S.A. 55:19-84, the mortgage holder or lienholder may
seek to be designated in possession of the property by submitting
a plan and posting a bond meeting the same conditions as set forth
in N.J.S.A. 55:19-87. Their plan must be submitted within 60 days
following the Court's rejection of the owner's plan, unless the Court
provides the mortgage holder or lienholder with an extension of time
for good cause shown. If the Court approves any such mortgage holder
or lienholder's plan, it shall designate that party to be in possession
of the property for purposes of ensuring its rehabilitation.
h.
The mortgage holder or lienholder, as the case may be, shall provide
bimonthly reports to the Court and the Borough on its activities and
progress toward rehabilitation and reuse of the property. If the mortgage
holder or lienholder fails to carry out any material step in the approved
plan, then the Borough Solicitor shall notify the Court, which may
order the posted bond forfeit, grant the Borough possession of the
property, and authorize the Borough to use the proceeds of the bond
for rehabilitation of the property.
i.
Any sums incurred or advanced for the purpose of rehabilitating the
property by a mortgage holder or lienholder granted possession of
a property, including Court costs and reasonable attorney's fees,
may be added to the unpaid balance due to that mortgage holder or
lienholder, with interest calculated at the same rate set forth in
the note or security agreement, or, in the case of a tax lienholder,
at the statutory interest rate for subsequent liens.
j.
If no mortgage holder or lienholder meets the conditions of N.J.S.A.
55:19-88, then the Borough may submit a plan to the Court which conforms
with the provisions of N.J.S.A. 55:19-87. Such plan shall designate
whether the Borough or a qualified rehabilitation entity shall undertake
the rehabilitation plan in accordance with the provisions of N.J.S.A.
55:19-90.
k.
With the granting of possession by the Court to the Borough of a
property determined to be abandoned, the owner shall continue to be
responsible for all taxes or other municipal liens and charges, or
mortgages or liens to any party, incurred on the property, whether
those taxes, charges or liens are incurred before or after the granting
of possession; nor shall the owner be relieved of any operating or
maintenance expense associated with the property. Similarly, although
the Borough is required to maintain, safeguard, and maintain insurance
on the property, the owner shall not be relieved of any civil or criminal
liability or any duty imposed by reason of acts or omissions of the
owner relating to the property.
[Ord. No. 2016-1582]
a.
The Governing Body of the Borough may designate a qualified rehabilitation
entity for the purpose of exercising the Borough's rights, where that
designation will further the rehabilitation and reuse of the property
consistent with Borough plans and objectives.
b.
Regardless of whether the Borough exercises its rights directly or
the Governing Body of the Borough designates a qualified rehabilitation
entity pursuant to this section, the Borough shall maintain, safeguard,
and maintain insurance on the property while in possession of such
property. Notwithstanding the Borough's possession of the property,
the owner of the property shall not be relieved of any civil or criminal
liability or any duty imposed by reason of acts or omissions of the
owner.
c.
The Court may approve the borrowing of funds by the Borough to rehabilitate
the property and may grant a lien or security interests with priority
over all other liens or mortgages other than municipal liens. Prior
to granting this lien priority, the Court must find as follows:
1.
The Borough sought to obtain the necessary financing from the senior
lienholder, which declined to provide such financing on reasonable
terms;
2.
The Borough sought to obtain a voluntary subordination from the senior
lienholder, which refused to provide such subordination; and
3.
Lien priority is necessary in order to induce another lender to provide
financing on reasonable terms. No lien authorized by the Court shall
take effect unless recorded with the Clerk of Monmouth County.
d.
Where the Borough has designated a qualified rehabilitation entity
to act on its behalf, the qualified rehabilitation entity shall provide
bimonthly reports to the Borough on its activities and progress toward
rehabilitation and reuse of the property. The Borough or qualified
rehabilitation entity, as the case may be, shall provide such reports
to the Court as the Court determines to be necessary. If the Court
finds that the Borough or its designee have failed to take diligent
action toward rehabilitation of the property within one year from
the grant of possession, then the Court may request that the Borough
designate another qualified rehabilitation entity to exercise its
rights, or if the Borough fails to do so, may terminate the order
of possession and return possession and control of the property to
its owner.
e.
The Borough of Keansburg shall file a notice of completion with the
Court, and shall also serve a copy on the owner and any mortgage holder
or lienholder, at such time as the Borough has determined that no
more than six months remain to the anticipated date on which rehabilitation
will be complete. This notice shall include an affidavit of the Borough
Manager, attesting that the rehabilitation is anticipated to be completed
within six months, and a statement setting forth the actions as it
plans to undertake consistent with the plan.
[Ord. No. 2016-1582]
a.
An owner may petition for reinstatement of the owner's control and
possession of the property at any time after one year from the Court's
removal of possession, but no later than 30 days after the Borough
of Keansburg has filed a notice of completion with the Court or, in
the event the notice of completion is filed within less than one year
of the grant of possession, within 30 days after the Borough has filed
said notice.
b.
The Court may allow additional time for good cause if that additional
time does not materially delay completion of the rehabilitation, place
undue hardship on the Borough or affect any of the terms or conditions
under which the Borough has applied for or received financing for
the rehabilitation of the property.
c.
If the owner fails to petition for the reinstatement of control and
possession of the property within 30 days after the Borough has filed
a notice of completion or, in any event, within two years after the
initial grant of possession, or if the owner fails to meet any conditions
that may be set by the Court in granting a reinstatement petition,
the Court may grant the Borough title or authorize the Borough to
sell the property, subject to the provisions of N.J.S.A. 55:19-96.
[Ord. No. 2016-1582]
a.
The Governing Body of the Borough, with the approval of the Court,
may place a lien on the property to cover any costs of the Borough
in connection with any proceeding under N.J.S.A. 55:19-78 et seq.,
incurred prior to the grant by the Court of an order of possession,
which may include costs incurred to stabilize or secure the property
to ensure that it can be rehabilitated in a cost-effective manner.
Any such lien shall be considered a Borough lien for the purposes
of N.J.S.A. 54:5-9, with the rights and status of a Borough lien pursuant
thereto.
b.
Where the Borough seeks to gain title to the property, it shall purchase
the property for fair market value on such terms as the Court shall
approve and may place the proceeds of sale in escrow with the Court.
c.
The Court may authorize the Borough of Keansburg to sell the building
free and clear of liens, claims and encumbrances, in which event all
such liens, claims and encumbrances shall be transferred to the proceeds
of sale with the same priority as existed prior to resale in accordance
with the provisions of this section, except that municipal liens shall
be paid at settlement. The proceeds of the purchase of the property
shall be distributed as set forth in N.J.S.A. 55:19-97.
d.
Upon approval by the Court, the Borough shall sell the property on
such terms and at such price as the Court shall approve and may place
the proceeds of sale in escrow with the Court. The Court shall order
a distribution of the proceeds of sale after paying Court costs in
the order of priority set forth in N.J.S.A. 55:19-97.
e.
With the exception of the holding of special tax sales pursuant to
N.J.S.A. 55:19-101, the remedies available under N.J.S.A. 55:19-78,
et seq. shall be available to the Borough with respect to any abandoned
property, whether or not the Borough has established an abandoned
property list and whether or not the property at issue has been included
on any such list.
|
Part II. MAINTENANCE OF VACANT PROPERTIES.
|
[Ord. No. 2016-1582]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any person, persons or entity who is not the owner,
who has charge, care and control of a premises or part thereof, with
or without the knowledge, consent or authority of the owner. "Operator"
shall also include a creditor, as defined in N.J.S.A. 46:10B-38, that
has served a notice of intention to foreclose on a mortgage on a residential
property, and that property has become vacant after the filing of
this intention to foreclose.
Shall mean and include the title holder, any agent of the
title holder having authority to act with respect to a vacant property,
any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51,
or any other entity determined by the Borough of Keansburg to have
authority to act with respect to the property.
Shall mean any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including but not limited to any property meeting the definition of abandoned property in N.J.S.A. 55:19-80 or subsection 11-12.1 above; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order, or where the building is in habitable condition, and where the building is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property for purposes of this section.
[Ord. No. 2016-1582]
The owner and/or operator of any vacant property, as defined
herein, shall, within 30 calendar days after the building becomes
vacant property or within 30 calendar days after assuming ownership
of the vacant property, whichever is later, or within 10 calendar
days of receipt of notice by the municipality, file a registration
statement for such vacant property with the Borough Clerk on forms
provided by the Borough for such purposes. Failure to receive notice
by the Borough shall not constitute grounds for failure to register
the property.
a.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
b.
The registration statement shall include the name, street address,
telephone number and e-mail address (if applicable) of a person 21
years or older, designated by the owner and/or operator or owner and/or
operators 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 owners and/or operators in
connection with the enforcement of any applicable code, and the name,
street address, telephone number and e-mail address (if applicable)
of the firm and the actual name(s) of the firm's individual principal(s)
responsible for maintaining the property. The individual or representative
of the firm responsible for maintaining the property shall be available
by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week
basis. The two entities may be the same or different persons. Both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey.
c.
The registration shall remain valid for one year from the date of registration, except for the initial registration time, which shall be prorated through December 31. The owner and/or operator shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 11-12.17 of this section, for each vacant property registered.
d.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
e.
The owner and/or operator shall notify the Borough Clerk within 30
calendar days of any change in the registration information by filing
an amended registration statement on a form provided by the Borough
Clerk for such purpose.
f.
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 Borough against the owners and/or
operators of the building.
[Ord. No. 2016-1582]
The owner and/or operator of any vacant property registered
under this section shall provide access to the Borough to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
and/or operator or the designated agent. Such inspections shall be
carried out on weekdays during the hours of 8:00 a.m. and 4:00 p.m.,
or such other time as may be mutually agreed upon between the owner
and/or operator and the Borough.
[Ord. No. 2016-1582]
a.
An owner who meets the requirements of this section with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
b.
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 the owner notifies the Borough
in writing of a change of authorized agent or until the owner files
a new annual registration statement.
c.
Any owner who fails to register vacant property under the provisions
of this section shall further be deemed to consent to receive by posting
on the building, in plain view, and by service of notice at the last
known address of the owner of the property on record within the Borough
of Keansburg by regular and certified mail, any and all notices of
code violations and all process in an administrative proceeding brought
to enforce code provisions concerning the building.
[Ord. No. 2016-1582]
a.
The initial registration fee for each building shall be $500. If
not paid within six months of notification by the Borough of Keansburg,
the registration fee shall increase to $1,000.
b.
The fee for the first renewal is $1,500.
c.
The fee for the second renewal is $3,000.
d.
The fee for any subsequent renewal beyond the second renewal is $5,000.
[Ord. No. 2016-1582]
The owner and/or operator of any building that has become vacant
property, and any person maintaining or operating or collecting rent
for any such building that has become vacant, shall, within 30 days
thereof:
a.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Borough Code or as set forth in
the rules and regulations supplementing those codes; and
b.
Post a sign affixed to the building indicating the name, address and telephone number of the owner and/or operator, the owner and/or operator's authorized agent for the purpose of service of process (if designated pursuant to subsection 11-12.16 above), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner and/or operator holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches; and
c.
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; and
d.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well
maintained and free from trash, debris, loose litter and grass and
weed growth; and
e.
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied
or is demolished or until repaid and/or rehabilitation of the building
is complete.
f.
If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if a residential property becomes vacant at any point subsequent to the operator's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the operator or any other third party, and the property is found to be a nuisance and/or in violation of any of the provisions of this section, the Code Enforcement Officer shall notify the operator, which shall have the responsibility to abate the nuisance and/or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by State law or this section. The Borough shall include a description of the conditions that gave rise to the violation with the notice of violation, and shall provide a period of not less than 30 days from the operator's receipt of the notice for the operator to remedy the violation. If the operator fails to remedy the violation within that time period, the Borough may impose penalties allowed for such violations pursuant to subsection 11-12.20 of this section.
[Ord. No. 2016-1582]
a.
A creditor, as defined in N.J.S.A. 46:10B-38, who files a 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 subject to the foreclosure,
and if located out-of-State, shall be responsible for appointing an
in-State representative or agent to act for the foreclosing creditor.
b.
The Code Enforcement Officer, or any other local official designated
by the Governing Body for administration of any property maintenance
or public nuisance code, may issue a notice to the creditor filing
the summons and complaint in an action to foreclose, if the public
officer or other authorized municipal official determines that the
creditor has violated any provision of this Chapter by failing to
provide for the care, maintenance, security, and upkeep of the exterior
of the vacant and abandoned residential property subject to the foreclosure.
1.
Such notice shall include a description of the conditions that gave
rise to the violation with the notice of violation and shall provide
a period of not less than 30 days from the creditor's receipt of the
notice for the creditor to remedy the violation, or within 10 days
of receipt of the notice if the violation presents an imminent threat
to public health and safety.
2.
A creditor subject to this section who is found to be in violation
of this section by the Borough of Keansburg Municipal Court, or by
any other court of competent jurisdiction, of the requirement to correct
a care, maintenance, security, or upkeep violation cited in a notice
issued pursuant to the ordinance shall be subject to a fine of $1,500
for each day of the violation. Any fines imposed pursuant to this
paragraph shall commence 31 days following 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. Fines assessed under this section shall be
recoverable from the owner or creditor and shall be a lien on the
property as described in N.J.S.A. 55:19-100.
c.
Any creditor whose principal place of business is located outside
of the State of New Jersey who has served a summons and complaint
in an action to foreclose on a residential property, shall provide
to the Borough Clerk the full name and contact information of its
in-State representative or agent, within the ten-day period as required
by N.J.S.A. 46:10B-51, which contains 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/or abandoned.
1.
Any out-of-State creditor subject to the provisions of this section
who is found by the Borough of Keansburg Municipal Court, or by any
other court of competent jurisdiction, in violation of the requirement
of this section to appoint an in-State representative or agent pursuant
to this Chapter shall be subject to a fine of $2,500 for each day
of the violation. Fines assessed under this Chapter shall be recoverable
from the owner or creditor and shall be a lien on the property as
described in N.J.S.A. 55:19-100.
2.
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 as required by N.J.S.A. 46:10B-51 et seq. for providing notice
to the Borough Clerk that a summons and complaint in an action to
foreclose on a mortgage has been served.
d.
The issuance of a notice pursuant to this section shall constitute
proof that the property is "vacant and abandoned" for the purposes
of N.J.S.A. 2A:50-73.
[Ord. No. 2016-1582]
a.
Except as otherwise provided in subsection 11-12.19 above, any owner, operator or occupant who or which shall violate any of the provisions of this section shall, upon conviction in the Borough of Keansburg Municipal Court or any such other court having jurisdiction, be sentenced to a not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both. Each day that a violation occurs shall be deemed a separate offense and subject to the penalty provisions of this Chapter. Fines assessed under this Chapter shall be recoverable from the owner or creditor and shall be a lien on the property as described in N.J.S.A. 55:19-100.
b.
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days of receipt of notice
by the municipality, and failure to provide correct information on
the registration statement, or failure to comply with the provisions
of such provisions contained herein shall be deemed to be violations
of this section.
[Ord. No. 2016-1582]
The Code Enforcement Officer may issue rules and regulations
for the administration of the provisions of this section. Such administratively
promulgated rules and regulations shall be in writing and shall be
provided to the owners or Creditor of properties registered under
this section or their designated agents within 30 calendar days of
their effective date.
