[Ord. #2/7/90 § 1; #028/00; Ord. #010/06]
The International Property Maintenance Code shall be and is
hereby adopted as the Existing Structures Code of the Town for the
control of buildings and structures as herein provided; and each and
all of the regulations, provisions, penalties, conditions and terms
of said International Property Maintenance Code are hereby referred
to, adopted, and made a part thereof.
[1]
Editor's Note: A copy of the International Property Maintenance
Code is on file in the office of the Town Clerk.
[1]
Editor's Note: Former subsection 13-1.2, Additions, Insertions
and Charges, previously codified herein and containing portions of
Ord. 2/7/90 was repealed in its entirety by Ordinance No. 010/06.
[Ord. 8/17/88 § 3]
It shall be unlawful for any person to discard or dump along
any street, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture or private property, except by written
consent of the owner of the property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
[Ord. 8/17/88 § 4]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential except
in a fully enclosed structure or during days designated for the collection
of bulky items.
[Ord. No. 17-2017]
a.
Mattresses and box springs that are placed curbside for bulk collection
shall be completely wrapped in plastic or placed in disposable plastic
bags. Plastic wrapping or plastic bags must be sufficient to cover
all exposed areas of the mattress and box spring. The plastic wrapping
and/or disposable plastic bags are required to avoid, to the greatest
extent possible, Town employees from coming into contact with bedbugs
or bedbug-infested materials.
b.
Furniture, mattresses or box springs or other items placed curbside
for bulk collection that are not wrapped or infested with bedbugs,
may be refused pickup for bulk collection in the absolute discretion
of the Superintendent of the Department of Public Works or his designee.
[Ord. 8/17/88 § 6]
It shall be unlawful for any residential property owner to park
or permit the parking of any vehicle on his or her residential lawn.
[Ord. 8/17/88 § 7]
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots and residential lawns except in a fully enclosed
structure, any motor vehicle, trailer or semi-trailer, which is (a)
missing tires, wheels, engine or other parts essential to its operation
or (b) which displays extensive body damage or deterioration; or (c)
which does not display a current, valid State license; or (d) which
is wrecked, disassembled or partially disassembled.
[Ord. 8/17/88 § 5]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
[Ord. 8/17/88 § 9]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after the completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of a construction site to furnish containers
adequate to accommodate all debris or trash at areas convenient to
construction areas and to maintain and empty the receptacles in such
a manner and with such a frequency as to prevent spillage of refuse.
[Ord. 8/17/88 § 10]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Ord. #002/06]
An application shall be filled out for a placement of a portable
on demand storage container if requested by a resident of the Town
of Guttenberg. Said container shall mean to include all on-site storage
containers utilized in the relocation of household furniture or other
items. Said container must be placed in an approved designated legal
parking spot in front of the applicant's residence. Said container
may not obstruct the roadway nor the sidewalk. All applications shall
be approved by the Code Enforcement Officer or his designee. A $75
fee will be charged for each container and the permit shall be for
three days.
[Ord. #02-14]
Refuse receptacles shall be stored only in areas designated
for storage between garbage collections. They shall be placed adjacent
to the curb in front of the premises, or other area designated for
collection no earlier than 6:00 p.m. on the day before collection
and shall be promptly returned to the storage area upon collection.
Refuse receptacles shall not be stored on sidewalks or areas in front
of any buildings or houses between collection days.
[Ord. No. 13-2015; Ord. No. 09-2016]
[1]
Editor's Note: Prior ordinance history: Ordinance No.
2014-15.
[Ord. No. 23-2017]
It is the purpose and intent of the Mayor and Council of the
Town of Guttenberg to establish a process to address the deterioration,
crime and decline in value of Town neighborhoods caused by properties
with defaulted mortgages located within the Town of Guttenberg, and
to identify, regulate, limit and reduce the number of these properties
located within the Town. It is the Mayor and Council of the Town of
Guttenberg's further intent to establish a registration requirement
as a mechanism to protect neighborhoods from the negative impact and
conditions that occur as a result of vacancy, lack of adequate maintenance
and security and will provide a method to expeditiously identify a
contact person for each property responsible for this protection.
It is not the intent of this section to determine the rights
and liabilities of persons under agreements to which the Town is not
a party. This section shall not be construed to alter the terms of
any lease or other agreement between a landlord and a tenant or others
relating to property that is the subject of this section; provided
that no provision of any lease or other agreement shall be construed
to excuse compliance with this section. Additionally, a violation
of this section shall not in and of itself create a negligence per
se standard or otherwise expand existing liability in tort for either
a landlord or a tenant.
[Ord. No. 23-2017]
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
- ACCESSIBLE PROPERTY/STRUCTURE
- Shall mean a property that is accessible through a comprised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
- APPLICABLE CODES
- Shall mean to include, but not be limited to, the Town's Zoning Ordinance, the Town's Property Maintenance Ordinance, Solid Waste Ordinance, Residential and Commercial Recycling Ordinance, and the State and Town Building and Fire Codes.
- BLIGHTED PROPERTY
- Shall mean:
- a. Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or
- b. Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or
- c. Properties cited for a public nuisance pursuant to the Town Codes; or
- d. Properties that endanger the public's health, safety, or welfare because the properties or improvements thereon are dilapidated, deteriorated, or violate minimum health and safety standards or lack maintenance as required by the applicable codes.
- DEFAULT
- Shall mean that the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.
- ENFORCEMENT OFFICER
- Shall mean any Law Enforcement Officer, Building Official, Zoning Official, Code Enforcement Officer, Fire Inspector, Building Inspector, or other person authorized by the Town to enforce the applicable code(s).
- EVIDENCE OF VACANCY
- Shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles auto parts or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail, or statements by neighbors, passers-by, delivery agents or government agents; or the presence of boards over doors, windows or other openings in violation of applicable code.
- FORECLOSURE
- Shall mean the legal process by which a mortgagee, or other lien holder, terminates a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. This definition shall include, but is not limited to, public notice of default, a deed-in-lieu of foreclosure, sale to the mortgagee or lien holder, certificate of title and all other processes, activities and actions, by whatever name, associated with the described process. The process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non-related bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
- MORTGAGEE
- Shall mean the creditor, including but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement.
- OWNER
- Shall mean any person, firm, corporation or other legal entity who, individually or jointly or severally with others, holds the legal or beneficial title to any building, facilities, equipment or premises subject to the provisions of this chapter.
- REAL PROPERTY
- Shall mean any improved residential or commercial land, buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the Town limits. Developed lots are considered improved land.
- REGISTRABLE PROPERTY
- Shall mean:
- a. Any real property located in the Town, whether vacant or occupied, that is encumbered by a mortgage in default, is subject to an ongoing foreclosure action by the Mortgagee or Trustee, has been the subject of a foreclosure action by a Mortgagee or Trustee and a Judgment has been entered, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
- b. The designation of a "default/foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed and any default on the mortgage has been cured.
- SEMI-ANNUAL REGISTRATION
- Shall mean six months from the date of the first action that requires registration, as determined by the Town, or its designee, and every subsequent six months. The date of the initial registration may be different than the date of the first action that required registration.
- VACANT
- Shall mean any parcel of land in the Town that contains any building or structure that is not lawfully occupied or inhabited by human beings as evidenced by the conditions set forth in the definition of "Evidence of Vacancy" above which is without lawful tenant, or lawful occupant or without a certificate of occupancy. Vacant property does not mean property that is temporarily unoccupied while the residents are away on vacation, personal matters or business, or is not intended by the owner to be left vacant, so long as the period does not exceed 30 days.
[Ord. No. 23-2017]
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Town above and beyond any other
State or Town provisions for same.
[Ord. No. 23-2017]
Pursuant to the provisions of subsection 13-8.5, the Town or its designee, shall establish a registry cataloging each Registrable Property within the Town, containing the information required by this section.
[Ord. No. 23-2017]
a.
Any Mortgagee who holds a mortgage on real property located within
the Town shall perform an inspection of the property to determine
vacancy or occupancy, upon default by the mortgagor. The Mortgagee
shall, within 10 days of the inspection, register the property with
the Code Enforcement Department, or its designee, on forms or other
manner as directed, and indicate whether the property is vacant or
occupied. A separate registration is required for each property, whether
it is found to be vacant or occupied.
b.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number, and e-mail
address for the Mortgagee/Trustee, and the Mortgage Servicer, and
the name and twenty-four-hour contact phone number of the local property
management company responsible for the security and maintenance of
the property who has the authority to make decisions concerning the
abatement of nuisance conditions at the property, as well as any expenditure
in connection therewith.
c.
Mortgagees who have existing registrable property on the effective
date of this ordinance (Ordinance No. 23-2017, adopted October 23,
2017) have 30 calendar days from the effective date to register the
property with the Code Enforcement Department, or its designee, on
forms or other manner as directed, and indicate whether the property
is vacant or occupied. A separate registration is required for each
property, whether it is vacant or occupied.
d.
If the mortgage on a registrable property is sold or transferred,
the new Mortgagee is subject to all the terms of this section. Any
previous unpaid registration fees are the responsibility of the new
Mortgagee or Trustee and are due and payable with their initial registration.
Except if it is determined that the transferee is exempt from paying
fees then the previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees and fines, regardless of who the
mortgagee was at the time when registration was required, including
but not limited to unregistered periods during the foreclosure process.
The provisions of this section are cumulative with and in addition
to other available remedies. Moreover, the Code Enforcement Department
is authorized and empowered to refer the previous mortgagee's
non-payment of previous fees and fines to a court of competent jurisdiction
for disposition.
e.
If the servicing rights for a mortgage on a registrable property
are sold or transferred, the registration must be updated to include
all the new Servicer information within 10 days of the servicing transfer.
f.
If the Mortgagee owner of a foreclosed real property sells or transfers
the property to a non-arm's length related person or entity,
the transferee is subject to all the terms of this section and within
five days of the transfer register the property. Any previous unpaid
registration fees are the responsibility of the new Registrable property
owner and are due and payable with their initial registration. Except
if it is determined that the transferee is exempt from paying fees
then the previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees and fines, regardless of who the
mortgagee was at the time when registration was required, including
but not limited to unregistered periods during the foreclosure process.
The provisions of this section are cumulative with and in addition
to other available remedies. Moreover, the Code Enforcement Department
is authorized and empowered to refer the previous mortgagee's
non-payment of previous fees and fines to a court of competent jurisdiction
for disposition.
g.
As long as the property is Registrable it shall be inspected by the
Mortgagee, or designee, monthly. If an inspection shows a change in
the property's occupancy status the mortgagee shall, within 10
days of that inspection, update the occupancy status of the property
registration.
h.
A non-refundable registration fee of $500 shall accompany each registration
pursuant to this section.
i.
If a lis pendens, deed-in-lieu of foreclosure, or other public notice
of foreclosure is filed on a property and the property was not registered
and the registration fee paid at least 30 days prior to the filing
date, a late fee of $100 shall be charged per property and shall be
due and payable with the registration. This section shall apply to
the initial registration and registration renewals. Registrations
delinquent greater than 30 days are subject to additional fines as
described herein.
j.
All registration fees must be paid directly from the Mortgagee, Trustee,
Servicer, or Owner. Third Party Registration fees are not allowed
without the consent of the Town and/or its authorized designee.
k.
Properties subject to this section shall remain under the semi-annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they are registrable.
l.
Until the mortgage or lien on the property in question is satisfied,
or legally discharged, the desire to no longer pursue foreclosure,
the filing of a dismissal of lis pendens and/or summary of final judgment
and/or certificate of title, voluntary or otherwise, does not exempt
any Mortgagee holding the defaulted mortgage, from all the requirements
of this section as long as the borrower is in default.
m.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
n.
Failure of the Mortgagee to properly register or to modify the registration
information from time to time to reflect a change of circumstances
as required by this section is a violation of the section and shall
be subject to enforcement and any resulting monetary penalties and/or
property liens.
o.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the Town may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the work performed to benefit the property
and bring it into compliance.
p.
Properties subject to this section shall be in accordance with the
applicable code(s) of the Town.
[Ord. No. 23-2017]
a.
Registration Violation. The penalty to a Mortgagee and/or Owner who
is out-of-state and has filed a summons and complaint in an action
to foreclose a Guttenberg residential property, but not appointed
an in-state representative or agent pursuant to this section, shall
be subject to a fine of $2,500 for each day of the violation.
b.
Code Violation. A Mortgagee and/or Owner subject to this section
shall be fined $1,500 for each day commencing on the 31st day after
receiving notice of a violation of the requirement to care, maintain,
and or provide proper security upkeep, issued by the Construction
Code Official or other authorized agent for the Town pursuant to this
section.
[Ord. No. 13-2015; Ord. No. 09-2016]
All sidewalks, steps, driveways, and similar paved areas for
public use shall be kept in good repair, and deteriorated, uprooted,
cracked or dilapidated sidewalks shall be repaired by the property
owner. In the case where the owner or his contractor replaces a portion
of the sidewalk staying in conformance with the International Property
Maintenance Code or a driveway apron, then such construction shall
conform to the specifications prepared by Guttenberg Building Department.
[Ord. No. 13-2015; Ord. No. 09-2016]
a.
No person shall do any of the following acts upon any sidewalk or
street within the Town of Guttenberg without the written approval
of the Guttenberg Building Department:
1.
Cut, trim, break, climb with spikes, disturb the roots of, spray
with any chemical, remove or otherwise injure any living tree or shrub
or injure, misuse or remove any structure or device placed to support
or protect such tree or shrub.
2.
Plant any tree or shrub.
3.
Fasten any rope, wire, electric attachment, sign or other device
to a tree or shrub or to any guard about such tree or shrub.
4.
Close or obstruct any open space provided about the base of a tree
or shrub to permit the access of air, water fertilizer to the roots
of such tree or shrub.
5.
Place any building material within six feet of a tree or shrub.
b.
The Guttenberg Building Department shall give written approval to
an owner of a Guttenberg property to trim or remove any tree or shrub
on his or her property when that owner can prove to the Guttenberg
Construction Official that said tree or shrub is dead or no longer
viable and/or causing damage to the property of the Guttenberg owner.
