[1978 Code § 22-1; Ord. No. 02-06 § 14-1]
This chapter shall be known and may be cited as "The Property
Maintenance Code of the Township of Sparta."
[1978 Code § 22-2; Ord. No. 02-06 § 14-2]
It is hereby found and declared that there exist in the Township
lands and premises with and without structures situate thereon which
are, or are likely to become, substandard as a result of the inadequate
care, upkeep, or maintenance thereof, and that such conditions, including
but not limited to deterioration and decay of structures, essential
utilities and sanitary facilities, and the accumulation of brush,
weeds, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash and debris, create or are likely to create fire hazards,
infestation and unsanitary conditions menacing the public health,
safety, general welfare and reasonable comfort and repose of the citizens
and inhabitants of the Township.
It is further found and declared that the inadequate care, upkeep
and maintenance of lands and premises situate in the Township and
the resulting deterioration thereof causes, or is likely to cause,
blighting conditions initiating and fostering slums, and that, if
such conditions are not controlled, curtailed and removed, the same
shall develop and spread, necessitating the eventual expenditure of
large sums of public moneys to correct or eliminate the same, and
that, by virtue of the timely implementation of the regulations herein
contained, the development and spread of such conditions may be prevented
with the public health, safety and welfare being thereby promoted
and preserved.
[1978 Code § 22-3; Ord. No. 02-06 § 14-3]
The purpose of this chapter is to protect the public health,
safety and welfare and to preserve property values by establishing
minimum standards governing the maintenance, appearance and condition
of premises; to establish minimum standards governing utilities, sanitary
facilities and other physical components and conditions essential
to rendering such premises fit for human habitation, occupancy and
use; to fix certain responsibilities and duties upon owners and operators
of such premises and distinct and separate responsibilities and duties
upon the occupants thereof; to authorize and establish procedures
for the inspection of premises; to fix penalties for the violation
of this chapter; to provide for the right of access across adjoining
premises to permit repairs required hereunder; and to provide for
the repair and maintenance of such premises and the abatement of nuisances
by the Township. This chapter does not apply to commercial farms to
the extent it conflicts with the farmer's rights under the New
Jersey "Right to Farm Act" (N.J.S.A. 4:1C-1 et seq.).
This chapter is hereby declared to be remedial in promoting
the public interest and is to be liberally construed to effectuate
the purpose as stated herein.
[1978 Code § 22-4; Ord. No. 02-06 § 14-4]
As used in this section:
Shall mean any enclosed space which contains one or more
of the following: bathtub, shower, water closet, lavatory, water closet
compartment, washbowl, sink or fixtures serving similar purposes.
Shall mean any building or structure, or part thereof, whether
used for human habitation or otherwise, and includes any outbuildings
and appurtenances, belonging thereto or usually enjoyed therewith.
Shall mean the condition or appearance of a building or part
thereof, characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting or other evidence of physical decay or neglect, lack
of maintenance or excessive use. Deterioration does not apply to building
materials which are expected to "weather" naturally.
Shall mean all officials, officers or employees entrusted
with the enforcement of the provisions of this chapter.
Shall mean any premises or any part thereof which may be
lawfully viewed by the public or any member thereof from a sidewalk,
street, alleyway, public or private, open air parking lot or any adjoining
or neighboring premises.
Shall mean those portions of a building which are exposed
to public view and the open space of any premises outside of any building
erected thereon.
Shall mean the control and elimination of insects, rodents,
bats, birds, pigeons and vermin by eliminating their harborages; or
by removing or making inaccessible material that may serve as their
food; or by poisoning, spraying, fumigating, trapping or any other
approval means of pest elimination.
Shall mean anything or any act which increases or may cause
an increase of the hazard or menace of fire to a greater degree than
that customarily recognized as normal by persons in the public service
of preventing, suppressing or extinguishing fire; or which may obstruct,
delay or hinder or may become the cause of any obstruction, delay,
a hazard or a hindrance to the prevention, suppression or extinguishments
of fire.
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Shall mean anything consisting of asphalt, concrete and/or
compacted stone.
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitute a health hazard.
Shall mean all properties used for industrial or commercial
purposes, provided that multiple dwelling residential buildings or
project containing more than four dwelling units shall be treated
as nonresidential properties for purposes of this chapter.
Shall mean:
Any public nuisance known as common law or in equity jurisprudence
as provided by the statutes of the State of New Jersey or the ordinances
of the Township of Sparta.
Any attractive nuisance which may prove detrimental to the health
or safety of persons, whether in a building, on the premises of a
building, or upon an unoccupied lot. This shall include, but is not
limited to: abandoned wells, shafts, basements, excavations, abandoned
iceboxes, refrigerators, motor vehicles, signs, any structurally unsound
fences or structures, lumber, trash, fences, debris, garbage, or vegetation
such as poison ivy, oak or sumac.
Physical conditions dangerous to human life or detrimental to
health for persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this
chapter.
Inadequate or unsanitary sewage or plumbing facilities in violation
of Township ordinances.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this chapter.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Shall mean any room or group of rooms or part thereof forming
a single usable unit (used or intended to be used, or designed to
be used, for residential and nonresidential purposes) and located
within a building used or intended to be used or designed to be used,
in whole or in part, for residential, commercial business, industrial
or any other nonresidential occupancy.
Shall mean any person who has charge, care or control of
a premises, or a part thereof, whether with or without the knowledge
and consent of the owner.
Shall mean any person, persons or entity who has charge,
care, or control, of a premises, or part thereof, with or without
the knowledge, consent or authority of the owner.
Shall mean any person who alone or jointly or severally with
others shall have legal or equitable title to any premises, with or
without accompanying actual possession thereof; or shall have charge,
care or control of any dwelling or dwelling unit as owner or agent
of the owner, or as fiduciary, including, but not limited to: executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate, or as a mortgagee in possession regardless of how such
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any dwelling or dwelling unit shall
be deemed to be a co-owner with the lessor and/or assigned by said
lessee.
Shall mean that area of a property used in connection with
the main use for the temporary leaving of vehicles.
Shall include any natural person, association, partnership,
firm or corporation.
Shall mean a lot, plot or parcel of land including the buildings
or structures thereon.
Shall mean that area of a nonresidential, nonpublic property
used in connection with the main nonresidential use as a thoroughfare
for ingress and egress, including alleys and driveways.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes) including, but not limited to: garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles and solid
market and industrial wastes.
Shall mean registered mail or certified mail.
Shall mean any property used for residential purposes, less
than four units or not covered under the nonresidential property definition.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as papers, wrappings,
cigarettes, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
Shall mean any combination of any materials, whether fixed
or portable, forming a construction, including buildings.
Shall mean the Township Manager of the Township of Sparta
and such other officials as the Township Manager may designate to
act in his behalf.
Shall mean the supply and removal of air to and from any
space by natural or mechanical means.
Shall mean the deterioration, decay or damage caused by exposure
to the elements.
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Meaning of certain words. Whenever the words "accessory structure,"
"building," "dwelling," "premises" or "structure" are used in this
code, they shall be construed, unless expressly stated to the contrary,
to include the plurals of these words and as if they were followed
by the words "or any part thereof." The word "shall" shall be applied
retroactively as well as prospectively.
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[1978 Code § 22-5.1; Ord. No. 02-06 § 14-5.1]
All buildings and the premises on which they are situated in
the Township, used or intended to be used for residential, commercial,
business or industrial occupancy, shall comply with the provisions
of this chapter, whether or not such building shall have been constructed,
altered or repaired before or after the enactment of this chapter,
and irrespective of any permits or licenses which shall have been
issued for the use or occupancy of the building, or for the installation
or repair of equipment or facilities prior to the effective date of
this chapter. This chapter establishes minimum standards for the initial
and continued occupancy and use of all such buildings, and does not
replace or modify standards otherwise established for the construction,
repair, alteration or use of the building, equipment or facilities
contained therein.
[1978 Code § 22-5.2; Ord. No. 02-06 § 14-5.2]
In any case where the provisions of this chapter impose a higher
standard than set forth in any other ordinances of the Township or
under the laws of the State of New Jersey, then the standards as set
forth herein shall prevail, but if the provisions of this chapter
impose a lower standard than any other ordinances of the Township
or of the laws of the State of New Jersey, then the higher standard
contained in any such other ordinance or law shall prevail.
[1978 Code § 22-5.3; Ord. No. 02-06 § 14-5.3]
After the date of enactment hereof, all licenses and permits
shall be issued upon compliance with this chapter as well as compliance
with the ordinances under which such licenses and permits are granted.
[1978 Code § 22-5.4; Ord. No. 02-06 § 14-5.4]
No license or permit or other certification of compliance with
this chapter shall constitute a defense against any violation of any
other ordinance of the Township applicable to any structure or premises,
nor shall any provision herein relieve any owner, operator or occupant
from complying with any such other provision, or any official of the
Township from enforcing any such other provisions.
[1978 Code § 22-6.1; Ord. No. 02-06 § 14-6.1]
Owners and operators shall have all the duties and responsibilities
as prescribed in this chapter and the regulations promulgated pursuant
thereto, and no owner or operator shall be relieved from any such
duty and responsibility nor be entitled to defend against any charge
or violation thereof by reason of the fact that the occupant is also
responsible therefore and in violation thereof.
[1978 Code § 22-6.2; Ord. No. 02-06 § 14-6.2]
Occupants shall have all the duties and responsibilities as prescribed in § 14-8 and all the regulations promulgated thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the owner or operator is also responsible therefore and in violation thereof.
[1978 Code § 22-7; Ord. No. 02-06 § 14-7]
The exterior of the premises shall be kept free of litter (including
without limiting the generality of the foregoing, discarded, windblown,
deposited, dropped or strewn paper, wrappings, cardboard, bottles,
cans, boxes and broken glass) and all nuisances and hazards to the
safety of tenants, occupants, pedestrians and other persons having
access to the premises, and free of unsanitary conditions; and any
of the foregoing shall be promptly removed and abated. Failure to
meet the following standards shall constitute a "hazard." The list
is not exclusive.
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Chimneys and flue and vent attachments thereto shall mean chimneys
and flue and vent attachments thereto shall be maintained, structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed and constructed.
Chimneys, flues, gas vents and other draft producing equipment shall
provide sufficient draft to develop the rated output of the connected
equipment, shall be structurally safe, durable, smoke tight, and capable
of withstanding the action of flue gases. (See Article 10, BOCA).
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Exterior porches, landings, balconies, stairs, and fire escapes
shall mean exterior porches, landings, balconies, stairs and fire
escapes shall be provided with banisters or railing properly designed
and maintained, structurally sound, in good repair, well painted or
otherwise provided with a protective treatment to prevent deterioration,
and free from defects.
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Foundation walls shall mean foundation walls shall be kept structurally
sound, free from defects and damage and capable of bearing imposed
loads safely. (See Article 7, BOCA).
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Freedom from accumulations and obstructions shall mean no accumulation or obstruction from garbage, refuse or rubbish shall be permitted on exterior stairways, areaways, balconies, porches, alleyways, except that garbage stored in proper containers may be set out for removal. (See Chapter 22, § 22-2, Garbage).
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General property maintenance shall mean the premises shall be
maintained in an orderly state, free from becoming overgrown, littered
and unsightly where such would constitute a blighting effect on adjoining
and nearby property. Open areas shall be maintained to avoid unsightly
or unsafe conditions.
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Ground surface hazards or unsanitary conditions shall mean holes,
excavations, breaks, projections, obstructions, icy conditions and
uncleared snow on paths, walks, driveways, parking lots and parking
areas and other parts of the premises (e.g. exterior porches, landings,
balconies, stairs and fire escapes) which are accessible to be used
by persons on the premises. All such holes and excavations shall be
filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or unsanitary conditions
with reasonable dispatch upon their discovery.
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Natural growth shall mean dead and dying trees and limbs or
other natural growth which, by reason of rotting or deteriorating
conditions or storm damage constitute a hazard to persons in the vicinity
thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
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Overhanging shall mean loose and overhanging objects, and accumulations
of ice and snow which by reason of location above ground level constitute
a danger of falling on persons in the vicinity thereof.
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Recurring accumulation of storm water shall mean adequate runoff
drains shall be provided and maintained in accordance with Township
ordinances to eliminate any such recurrent or excessive accumulation
of storm water. Leaders and gutters shall be maintained in good condition
and capable of performing their functions.
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Refuse shall mean brush, weeds, broken glass, stumps, roots,
obnoxious growths, filth, garbage, trash, rubbish, refuse and debris.
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Storage of commercial and industrial materials for nonresidential
properties shall mean there shall not be stored or used at a location
visible from the sidewalk, street or other public areas, equipment
and materials relating to commercial or industrial uses unless permitted
under the zoning ordinance for the premises. (See Article 6, BOCA).
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[1978 Code 22-8; Ord. No. 02-06 § 14-8.1]
The exterior of the premises shall be maintained by the owner
or operator so that the appearance thereof shall reflect a level of
maintenance in keeping with the standards of the neighborhood or such
higher standards as may be adopted by the Township and such that the
appearance thereof shall not constitute a blighting effect upon neighboring
properties nor an element leading to a progressive deterioration and
downgrading of neighboring properties with an accompanying diminution
of property values, including the following:
a.
Landscaping. Where exposed to public view, the landscaping of premises
shall be maintained in an orderly state with lawns and bushes trimmed
and free from becoming overgrown, littered and unsightly where such
would constitute a blighting effect, depreciating adjoining and nearby
properties. Open areas shall be graded evenly to eliminate holes,
depressions, gullies, mounds, accumulations of debris, excavated material
or other unsightly or unsafe conditions.
b.
Signs and Billboards. All permanent signs and billboards exposed
to public view permitted by the Zoning Ordinance and regulated by
the Building Code or other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any sign or billboard which
has weathered excessively or on which the paint has excessively peeled
or cracked shall, with the supporting members, be removed forthwith
or put into a state of good repair. All inoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
c.
Repair and Painting of Exteriors of Buildings. The front and exterior
of all buildings shall be kept in good repair, painted where required
or otherwise provided with protective treatment sufficient to prevent
deterioration and shall not constitute a safety hazard nor nuisance.
In the event repairs to the store front become necessary, such repairs
shall be made in harmony with the original design with the same materials
or materials of appearance similar to those used in the construction
of the store front in such a manner as to permanently repair the damaged
area or areas.
d.
Signs or Advertisements Removal for Nonresidential Properties. Except
for "for rent" signs, any temporary sign or other advertising material
glued or otherwise attached to a window or otherwise exposed to public
view shall be removed (a) at the expiration of the event or sale for
which it was erected or posted, or (b) within 90 days after it was
erected or posted, whichever shall have occurred sooner. Except during
the course of repairs or alterations, not more than 33 1/3% of
the square footage of any single window or single window display area
shall be devoted to temporary signs or other advertising material
attached thereto or otherwise exposed to public view.
e.
Awnings and Marquees for Nonresidential Properties. Any awning or
marquee and its accompanying structural members which extend over
any street, sidewalk or other portion of the premises shall be maintained
in good repair and shall be so maintained as to not constitute a nuisance
or a safety hazard. In the event any such awning or marquee is not
properly maintained in accordance with the foregoing, it shall, together
with its supporting members, be removed forthwith. In the event any
such awning or marquee is made of cloth, plastic, or similar materials,
said materials, where exposed to public view, shall be maintained
in good condition and shall not show evidence of excessive weathering,
discoloration, ripping, tearing, or other deterioration. Nothing herein
shall be construed to authorize any encroachment of an awning, marquee
or its accompanying structural members on streets, sidewalks, or other
parts of the public domain.
f.
Scaffolding. No temporary painting scaffold or other temporary equipment
used for construction, repair or maintenance shall be permitted to
remain in place beyond a period of 90 days after erection or placement
thereof without permission of the enforcement officer.
[1978 Code 22-9.1; Ord. No. 02-06 § 14-9.1]
The roof of every building shall be maintained watertight and
the exterior of every building, including gutters and leaders, shall
be maintained in good repair, and all exterior surfaces thereof shall
be kept painted or otherwise provided with a protective treatment
where necessary for purposes of preservation and appearances. All
exterior surfaces thereof shall be maintained free from broken glass,
loose shingles or siding, crumbling masonry, excessively peeling paint
or other condition reflective of deterioration or inadequate maintenance
to the end that the building itself may be preserved, safety and fire
hazards eliminated, and adjoining properties and the neighborhood
from blighting influences.
[1978 Code 22-10.1; Ord. No. 02-06 § 14-10.1]
Floors, interior walls and ceilings of every structure used
for human habitation shall be structurally sound and maintained in
good repair and in a clean and sanitary condition. Floors shall be
considered to be structurally sound when capable of safely bearing
normally imposed loads. Walls and ceilings shall be considered to
be in good repair when clean, free from cracks, breaks, loose plaster,
excessive blistering paint and similar conditions.
[1978 Code 22-10; Ord. No. 02-06 § 14-10.2]
The enforcement officer may order the owner to clean, repair, paint, whitewash or paper such walls, floors or ceilings when a wall, floor or ceiling within a building has deteriorated as to provide a harborage for rodents or vermin, or the plaster wallboard or other covers have become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in Subsection 14-12.1b.
a.
Bathroom and water closet compartment floors, walls and ceilings,
where deemed necessary by the enforcement officer, shall be surfaced
with water resistant material and shall be kept in a dry, clean and
sanitary condition at all times.
b.
Supporting structural members shall be kept structurally sound, free
from deterioration and capable of safely bearing imposed loads.
c.
Responsibility for Receptacles. In buildings containing not more
than four occupancy units, it shall be the responsibility of each
of the occupants. In buildings containing more than four occupancy
units, it shall be the responsibility of the owner and operator to
furnish such receptacles as are needed for the proper storage of garbage
and rubbish until removal thereof and to provide for the periodic
removal of all garbage and rubbish from the premises in accordance
with the regulations and ordinances of the Township.
d.
Storage bins, rooms and areas shall not be used for the storage of
accumulated garbage and rubbish unless:
1.
Such rubbish or garbage is stored in watertight receptacles of metal
or other material approved by the enforcement official and covered
with tight fitting lids.
2.
Such storage bins, rooms and areas are of smooth, easily cleanable
construction and are kept in a sanitary condition.
3.
When rubbish and garbage are stored inside the building, the room
or area containing said rubbish and garbage shall be so constructed
or protected as to prevent the spread of fire to other parts of the
building or buildings.
4.
When rubbish and garbage are collected or stored outside any nonresidential
building, the receptacles for the collection of such rubbish and trash
shall be, when visible from any public walk, street, or public parking
area, constructed in such a manner as to harmoniously blend with the
general facade of the building.
e.
Rubbish and garbage shall be readily accessible for collection, stored
in such manner as to constitute the least likelihood of becoming a
fire hazard and shall be placed or kept on the property within the
building located thereon or not nearer to the street line than the
building line or nearer to the street line than the face of the building,
whichever distance from the street line is the greater, except during
any "cleanup week" proclaimed by the Township Council.
f.
Flammable or combustible liquids or other materials shall not be
stored on the premises unless they are of a type approved for storage
by regulation of the Fire Department and then only in such quantities
and in such fireproof storage containers as may be prescribed by the
Sparta Township Fire Prevention Code as contained in the National
Fire Code.
g.
Every occupant of a single occupancy unit in a building comprising
a single occupancy unit shall be responsible for the extermination
of any insects, rodents, or other pests therein or on the premises.
Whenever infestation exists in one or more of the occupancy units
in any building or in the common parts of any building containing
two or more occupancy units, extermination thereof shall be the responsibility
of the owner and operator. Extermination must be performed by a person
holding State pesticide applicator's license issued by New Jersey
Department of Environmental Protection, Pesticide Control.
[1978 Code 22-11; Ord. No. 02-06 § 14-11.1]
a.
No person owning or occupying any property within Sparta Township
shall permit any parking area or private street to become deteriorated
and shall maintain said parking area and private street in good repair,
smoothly graded, hard-surfaced and adequately drained. All dangerous
parking areas and private streets within the terms of this chapter
are hereby declared to be a public nuisance, and shall be repaired
and maintained as hereinafter provided.
b.
The following standards shall be followed in substance by the Construction
Code Official in ordering repairs and maintenance.
1.
If a dangerous parking area or private street can reasonably be repaired
so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered repaired.
2.
Restoration and repair shall be in accordance with the specifications
of the Township.
3.
The surface shall conform to proper grade for entrance and exit onto
the public thoroughfares.
4.
Owner or occupier shall notify the Township Construction Official
before the repair work is commenced.
5.
During repair work, every reasonable and necessary precaution shall
be taken by the owner or occupier to keep the area free of safety
hazards.
[1978 Code 22-12.1; Ord. No. 02-06 § 14-12.1]
a.
Upon discovery by an occupant of any condition on the premises which
constitutes a violation of this chapter, the occupant shall report
the same to the enforcement officer.
b.
All parts of the premises under the control of an occupant shall
be kept in a clean, sanitary and safe condition by the occupant and
the occupant shall refrain from performing any acts which would render
other parts of the premises unclean, unsanitary or unsafe, or which
would prevent the owner or operator from performing any duty required
hereunder.
[1978 Code 22-13.1; Ord. No. 02-06 § 14-13.1]
Construction Official to supervise administration of inspections,
regulations, enforcements and hearings on violations. The Construction
Official is hereby designated to supervise and direct all inspections,
regulations, enforcements and hearings on violations of the provisions
of this chapter, unless expressly stated to the contrary. Other public
officials or employees of the Township may be designated by ordinance
or the Township Manager to perform duties as may be necessary to the
enforcement of this chapter, including the making of inspections and
holdings of hearings.
[1978 Code 22-13.3; Ord. No. 02-06 § 14-13.2]
When inspections are to be made. All buildings and exterior
premises are subject to inspections from time to time by the enforcing
officer of the Township. At the time of such inspections, parts of
the exterior premises must be available and accessible for such inspections,
and the owner, operator and occupant are required to provide the necessary
arrangements to facilitate such inspections. All inspections, as provided
for herein, shall be with the permission of the owner, operator or
occupant. When requesting such permission, the enforcement officer
shall advise the owner, operator or occupant of his right to refuse
such permission. In the event that such permission is denied, upon
request, the enforcement officer is hereby authorized and empowered
to apply to any court of competent jurisdiction for a search warrant
for any building or premises subject to this chapter whenever necessary
to inspect such building or premises. Such inspections shall be made
during daylight hours or during hours when the building or premises
are open to the public, unless there is reason to believe a violation
exists of a character which is an immediate threat to health or safety,
requiring inspection and abatement without delay.
[1978 Code 22-13.3; Ord. No. 02-06 § 14-13.3]
Procedure where violation is discovered. Where a violation of
this chapter or the regulations hereunder is found to exist, a written
notice from the enforcing official shall be served on the person or
persons responsible for the correction thereof.
[1978 Code 22-13.4; Ord. No. 02-06 § 14-13.4]
The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 32 days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection 14-13.6. The notice shall also advise the recipient that, if the violation is not corrected or abated, the municipality may do the same, the cost of which shall become a lien on the subject property.
[1978 Code 22-13.5; Ord. No. 02-06 § 14-13.5]
Notice shall be deemed to be properly and sufficiently served
if a copy is sent by certified or registered mail to the last known
address of the person or entity upon which this notice is to be served
as shown on the most recent tax records of the Township; or a copy
is handed to the person or persons or copies left at the usual place
of abode or office of the person to be served with a family member
or other person authorized to accept service over the age of 14 years
old. If the last known address cannot be ascertained then notice may
be posted at the outside entrance of the building. The enforcing officer
shall file and provide notice to any owner, operator or occupant of
any violation at an address other than the last known address provided
hereunder if such other address is available to the enforcing officer.
Date of service of the notice shall be determined where service is
by mail as of the third day following the day of mailing. Where the
day of service would fall upon a Sunday or other day when mail is
not ordinarily delivered, then the day of service shall be the next
regular delivery day.
[1978 Code 22-13.6; Ord. No. 02-06 § 14-13.6]
Within 10 days of the date of service of a notice, the notice
shall constitute a final order unless any person affected by the notice
requests an administrative hearing thereon, serves a written request
within the ten-day period in person or by registered mail on the Township
Manager. Such request for a hearing shall set forth briefly the grounds
or reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which are to be disputed
at the hearing. The Township Manager, upon receipt of the request,
shall within 30 days therefrom and upon five days' notice to
the party aggrieved set the matter down for hearing.
[1978 Code 22-13.7; Ord. No. 02-06 § 14-13.7]
At any hearing provided hereunder, the Township Manager shall
be vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require by subpoena the production of books, records or other documents
at any such hearing which may be pertinent to matters to be determined
by him and to enforce any such subpoena or secure any order for the
enforcement of any such subpoena 10 days from the completion of the
hearing. The Township Manager shall issue an order either incorporating
the determinations and directions contained in the notice, modifying
the same or withdrawing of the notice.
[1978 Code 22-13.8; Ord. No. 02-06 § 14-13.8]
The Township Manager may extend the time for correction or abatement
of the violations for an additional period of time not to exceed 30
days, except where major capital improvements or renovations are involved,
in which instance the time for completion may be extended for a period
not to exceed 90 days beyond the expiration date of the original notice.
[1978 Code 22-13.9; Ord. No. 02-06 § 14-13.9]
Where the violation or condition existing on the premises are
of such nature as to constitute an immediate threat to life and limb
unless abated without delay, the Township Manager may either abate
the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a period
of time not to exceed three days, and upon failure to do so, the Township
Manager shall abate the condition immediately thereafter.
[1978 Code 22-13.10; Ord. No. 02-06 § 14-13.10]
Where abatement of any nuisance as defined herein, correction
of a defect in the premises or the maintenance of the premises in
a proper condition so as to conform to the municipal ordinances or
State law applicable thereto requires expending Township monies therefore,
the enforcing officer shall present a report of work proposed to be
done to accomplish the foregoing to the Township Manager with an estimate
of the cost thereof along with a summary of the proceedings undertaken
by the enforcing officer to secure compliance including notices served
upon the owners, operators, lessors or agents, as the case may be,
and hearing and orders of the Township Manager with reference thereto.
The Township Manager may thereupon order the abatement of the nuisance
and correction of the defect or work necessary to place the premises
in proper condition and in compliance with ordinances of the Township
and laws of the State. The enforcing officer may thereafter proceed
to have the work performed in accordance with said order to Township
expense, not to exceed the amount specified in the order, and shall
upon completion thereof submit a report of the monies expended and
costs to the Township Manager. After review of the same, the Township
Council may approve the expenses and costs whereupon the same shall
become a lien against the premises, collectible as provided by law.
A copy of the resolution approving the expenses and costs shall be
certified by the Township Clerk and filed with the Tax Collector of
the Township who shall be responsible for the collection thereof,
and a copy of this resolution shall be sent by certified mail to the
owner.
[1978 Code 22-13.11; Ord. No. 02-06 § 14-13.11]
Where there exists a violation of this chapter, an owner or
operator, upon receipt of a notice of violation, if unable to eliminate
the violation by peaceable means within the period of time specified
in said notice, may commence within such period legal action to dispossess,
evict or eject the occupants who cause the violation. No further action
hereunder shall then be taken against the owner or operator so long
as the action aforesaid is pending in the court and is prosecuted
expeditiously and in good faith.
[1978 Code 22-13.12; Ord. No. 02-06 § 14-13.12]
No notice shall be required on the enforcement of Subsection 14-13.11 hereof, as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where such snow or ice remain uncleared within 24 hours after the termination of the snowfall. Where the Township Manager after hearing shall determine that there was a violation and a notice was served upon the owner, operator or occupant, whether or not said violation was abated prior to the issuance of an order, if thereafter within the space of one year there shall be a second violation by the same owner, operator or occupant of the same provision of this chapter discovered on the same premises, the offender may be prosecuted on the second violation without the enforcing officer first giving notice and opportunity for a hearing to the owner, operator, or occupant by the filing of a complaint by the enforcing officer in the municipal court. Where the Township Manager has on two different occasions found violations by the same owner, operator, or occupant on the same premises and has issued notices on each and has held at least one hearing and issued an order thereon, upon discovering a third or subsequent violation by the same owner, operator or occupant on the same within the space of one year, whether the same sections or of any other sections of this chapter, he may thereupon prosecute the offender by filing a complaint in the municipal court for the third or subsequent violation occurring within the period of one year without first providing notice and opportunity for a hearing by the Township Manager.
[1978 Code 22-13.13; Ord. No. 02-06 § 14-13.13]
For the purposes of enforcement of this chapter, the service
of a notice on an owner, whether or not the owner is also the operator,
shall constitute notice of violations set forth therein until said
violations are abated in conformity with this chapter and the other
applicable ordinances of the Township.
[Ord. No. 02-06 § 14-13.14]
In the event an aggrieved party seeks further review of the decision of the Township Manager after a hearing pursuant to § 14-13.7, the party shall have the right to file an appeal with a court of competent jurisdiction with venue in Sussex County, New Jersey.
[1978 Code § 22-14.1; Ord. No.
02-06 § 14-14.1]
[1978 Code 22-14.2; Ord. No. 02-06 § 14-14.2]
Each violation of a section or subsection of this chapter shall
constitute a separate and distinct violation independent of any other
section or subsection or any order issued pursuant to this chapter.
Each day's failure to comply with any such section or subsection
shall constitute a separate violation.
[1978 Code 22-14.3; Ord. No. 02-06 § 14-14.3]
Where an owner, operator or occupant has been convicted of a violation of this chapter and within 12 months thereafter has been found by the Judge of the Municipal Court to be guilty of a second violation, the Court may, if it finds that the second offense was willful and inexcusable, sentence the offender in addition to or in lieu of the fine set forth in Subsection 14-14.1 to imprisonment in the County Jail for a period not to exceed 90 days.
[1978 Code 11-14.4; Ord. No. 02-06 § 14-14.4]
[1978 Code 22-14.5; Ord. No. 02-06 § 14-14.5]
In the event of the imposition of a fine or penalty by the Municipal
Court or any other court of competent jurisdiction against the owner,
operator or lessor of any building or structure in the Township required
to be registered for violation of any Township ordinance or any State
law applicable to the Township, the fine or penalty shall be collectible
as a lien against the premises, in addition to any other remedies
now provided by law.
[1978 Code 22-14.6; Ord. No. 02-06 § 14-14.6]
The repeal of any provisions of any other ordinances by this
chapter shall not affect any action for prosecution or abatement under
any such ordinance or any notice, complaint or order issued by any
officer or agency of the Township prior to the effective date hereof
or concerning which any prosecution or other steps of enforcement
have been taken or are being taken within any administrative agency
or in the municipal court for enforcement thereof.
[1978 Code 22-15.1; Ord. No. 02-06 § 14-15.1]
The Township Manager, with the advice of the Construction Official,
is hereby authorized and empowered to promulgate such written rules
and regulations as may be necessary for the proper interpretation
and administration of the provisions of this chapter, provided that
such rules and regulations do not conflict with this chapter and conform
to the general standards prescribed by this chapter. The Township
Manager shall file copies of such rules and regulations with the Township
Clerk which shall be available during regular business hours. Such
rules and regulations shall have the same force and effect as the
provisions of this chapter if approved by the Township Council by
resolution, and the violations thereof shall be enforced as violations
of the express provisions of this chapter, as herein provided.
[Added 11-12-2019 by Ord.
No. 19-15]
a.
CREDITOR
OWNER
VACANT AND ABANDONED
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A state chartered bank, savings bank, savings and loan association
or credit union, any person or entity required to be licensed under
the provisions of the "New Jersey Residential Mortgage Act," P.L.
2009, c. 53 (N.J.S.A. 17:11C-51 et seq.), any foreclosing entity subject
to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Sec. 17,
as amended from time to time) and any entity acting on behalf of the
creditor named in the debt obligation including, but not limited to,
servicers.
The titleholder, any agent of the titleholder having authority
to act with respect to the vacant property, or any other entity determined
by the Township of Sparta to act with respect to the property.
Residential property means, consistent with Section 1 of
P.L. 2012, c. 70 (N.J.S.A. 2A:50-73), residential real estate, where
a notice of violation has been issued pursuant to Subsection e1 of
this section and Subsection B of Section 1 of P.L. 2014, c. 35 (N.J.S.A.
40:48-2.12s), or property which any condition on its own or combined
with other conditions present would lead a reasonable person to believe
that the property is or has been vacant for three or more months.
Residential property shall further be deemed vacant and abandoned
where a mortgaged property is not occupied by a mortgagor or tenant.
Such evidence would include, but is not limited to, evidence of the
existence of two or more of the following conditions at the property:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, association management, delivery persons,
or government employees indicating that the residence is vacant and
abandoned;
Windows or entrances to the property that are boarded up or
closed off or multiple window panes are damage, broken and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, existing due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
b.
Registration of Vacant and Abandoned Properties.
1.
A creditor filing a summons and complaint in an action to foreclose
on a vacant and abandoned property, or a creditor who has previously
filed a summons and complaint to foreclose on a residential property
which subsequently becomes vacant and abandoned, or the owner of a
vacant and abandoned property, shall within 30 calendar days after
the building becomes vacant and abandoned or within 30 calendar days
after assuming ownership of the vacant and abandoned property, whichever
is later; or within 10 calendar days of receipt of notice from the
Township, and annually thereafter, file a registration statement for
such vacant and abandoned property with the municipal clerk on forms
provided by the Township for such purposes. Any failure to receive
notice from the Township shall not constitute grounds for failing
to register the vacant and abandoned property.
2.
Each vacant and abandoned property having a separate block and lot
number as designated in the official tax maps of the Township shall
be registered separately.
3.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years or older, designated by the creditor or the owner 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 creditor in connection with the enforcement of any
applicable code.
4.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the owner of the vacant or abandoned property
or the firm's individual principal(s) responsible for maintaining
the vacant and abandoned property. The owner or the individual or
representative of the firm responsible for maintaining the vacant
and abandoned 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. In the case of a creditor, both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey.
5.
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The owner of the property or the creditor shall be required to renew the registration annually as long as the building remains vacant and abandoned and shall pay a registration or renewal fee in the amount prescribed in Subsection c of this section for each vacant and abandoned property registered.
6.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be pro-rated for registration statements
received less than 10 months prior to that date.
7.
The owner of the property or the creditor shall notify the municipal
clerk within 30 calendar days of any change in the registration information
by filing an amended registration statement on a form provided by
the municipal clerk for such purpose.
8.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township against the creditor.
c.
Fee Schedule. The initial registration fee for each vacant and abandoned
property under the provisions of this section shall be $500. The fee
for the first annual renewal shall be $1,500 and the fee for the second
annual renewal shall be $3,000. The fee for any subsequent annual
renewal beyond the second renewal shall be $5,000.
d.
Responsibility for Vacant and Abandoned Properties.
1.
The owner of the property or a creditor filing a summons and complaint
in an action to foreclose on a residential property within the Township
shall be immediately responsible for the care, maintenance, security
and upkeep of the exterior of the property, after the property becomes
vacant and abandoned as defined in this section.
2.
Where a creditor is located out-of-state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsection d1 of this section. Notice of said representative or agent shall be provided to the municipal clerk pursuant to Subsection b3 and 4 of this section and pursuant to Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
e.
Notice.
1.
The enforcement officers designated in this section shall be authorized to issue a notice to the owner of the property, or a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township, if the enforcement officer determines that the owner of the property, or creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township, has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of a vacant and abandoned property. Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to Subsection d2 of this section and Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
2.
The notice referenced in Subsection e1 of this section shall require
the owner or creditor to correct the violation(s) within 30 days of
receipt of the notice, or within 10 days of receipt of the notice
if the violation presents an imminent threat to public health and
safety.
3.
The issuance of a notice pursuant to Subsection e1 of this section
shall constitute proof that a residential property is vacant and abandoned
for the purposes of this section.
f.
Enforcement Officers. The duty of administering and enforcing the
provisions of this section is conferred upon the municipal clerk,
construction official, zoning officer, housing officer, health officer,
and any other duly appointed representatives.
g.
Violations and Penalties.
1.
The owner of a property, or a creditor subject to this section that
is found by the municipal court of the Township, or by any other court
of competent jurisdiction, to be in violation of the requirement to
correct a care, maintenance, security, or upkeep violation cited in
a notice issued pursuant to this section shall be subject to a fine
of $1,500 for each day of the violation. Any fines imposed pursuant
to this subsection shall commence 31 days following the 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.
2.
An out-of-state creditor subject to this section that is found by the municipal court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to this section shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
3.
The owner of a property, or a creditor subject to this section, that is found by the municipal court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to register a vacant and abandoned property pursuant to Subsection b of this section shall be subject to a fine not exceeding $2,000. Any fines imposed on a creditor under this subsection shall commence 11 days following receipt of notice from the Township pursuant to Subsection b1 of this section.
4.
No less than 20% of any money collected by the Township pursuant
to this section shall be utilized by the Township for municipal code
enforcement purposes.
5.
Nothing in this section is intended to nor shall be read to conflict
or prevent the Township from taking action against buildings found
to be unfit for human habitation or unsafe structures as provided
in the applicable provisions of the Code of the Township and/or the
Uniform Construction Code. Further, any action taken under any such
Code provision other than the demolition of a structure shall not
relieve the owner from its obligation under this section.
6.
Municipal powers to rehabilitate abandon property. The Township hereby
grants to itself all such powers granted to municipalities by the
State of New Jersey for the rehabilitation of abandoned property.
Such powers are set forth, inter alia, in the "Abandoned Properties
Rehabilitation Act" (N.J.S.A. 55:19-78 et seq.) and in applicable
portions of the "New Jersey Urban Development Corporation Act" (N.J.S.A.
55:19-1 through 77). These statutory powers are collectively referred
to as the "Enabling Statutes."
