[Amended in entirety 5-18-2023 by Ord. No. 09-2023. Prior history includes
1990 Code § 4-1.1 – § 4-1.11.]
[Amended 5-18-2023 by Ord. No. 09-2023]
This section establishes requirements to control littering in
City of Lambertville, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Amended 5-18-2023 by Ord. No. 09-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A litter storage and collection receptacle provided by the
owner or occupier of private premises.
Any printed or written matter, sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copy of any matter of literature:
Which advertises for sale any merchandise, product, commodity
or thing; or
Which directs attention to any business or mercantile or commercial
establishment or any activity for the purpose of either directly or
indirectly promoting the interest thereof by sale, or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind for which an admission
fee is charged for the purpose of private gain or profit, but the
terms of the clause shall not apply where an admission fee is charged
or a collection is taken for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition or event
of any kind when either of the same is held, given or takes place
in connection with the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public peace, safety
and good order; provided that nothing contained in this clause shall
be deemed to authorize the holding, giving or taking of any meeting,
theatrical performance, exhibition or event of any kind without a
license, where such license is or may be required by a law of this
State or under any ordinance of this City; or
Which, while containing reading matter other than advertising
matter is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the profit, benefit
or gain of any person so engaged as advertiser or distributor.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any newspaper of general circulation as defined by general
law. Any newspaper duly entered with the post office department of
the United States in accordance with Federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year, and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definition of a
commercial handbill or newspaper.
A park, reservation, playground, recreation center or any
other public area of the City or other public entity devoted to active
or passive recreation by the public.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
And include the singular number and words used in the singular
number shall include the plural number.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, ground, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, roads, sidewalks, alleys or other public
ways and any and all public parks, squares, spaces, grounds and building.
Every device in and upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
[Amended 5-18-2023 by Ord. No. 09-2023]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the City, except in public receptacles
for collection.
[Amended 5-18-2023 by Ord. No. 09-2023]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk,
alley, or other public place or upon private property.
[Amended 5-18-2023 by Ord. No. 09-2023]
No person shall sweep into or deposit in any gutter, street
or public place within the City the accumulation of litter from any
building or lawn or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep any sidewalk in front
of their premises free of litter.
[Amended 5-18-2023 by Ord. No. 09-2023]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or public place within the City
the accumulation of litter from any building or lot or from any public
or private sidewalk or driveway. Persons owning or occupying places
of business within the City shall keep the sidewalk in front of their
business premises free of litter.
[Amended 5-18-2023 by Ord. No. 09-2023]
No person while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or other public place within the
City or upon private property.
[Amended 5-18-2023 by Ord. No. 09-2023]
a.
No person shall throw or deposit any commercial or noncommercial
handbill or newspaper in or upon any sidewalk, street, or other public
place within the City. Nor shall any person distribute or sell any
commercial handbill or newspaper in any public place, provided, however,
that it shall not be unlawful on any sidewalk, street or other public
place within the City for any person to hand out or distribute without
charge to the receiver thereof any noncommercial handbill or newspaper
to any person willing to accept it.
b.
Placing on Vehicles. No person shall throw or deposit any commercial
or noncommercial handbill or newspaper in or upon any vehicle, provided,
however, that it shall not be unlawful in any public place for a person
to hand out or distribute without charge to the receiver thereof a
noncommercial handbill or newspaper to any occupant of a vehicle who
is willing to accept it.
c.
Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any private premises which are temporarily or continuously uninhabited or vacant. Subsection 4-1.9 shall apply hereto.
d.
Posted Property. No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper upon any private premises if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisements" or any similar notice indicating in any manner that the occupant of the premises does not desire to have their right of privacy disturbed or to have any such handbills or newspapers left upon such premises. Subsection 4-1.9 shall apply hereto.
e.
Inhabited Private Premises. No person shall throw, deposit or distribute
any commercial or noncommercial handbill or newspaper in or upon private
premises which are inhabited, except by handing or transmitting the
same directly to the owner, occupant or other person then present
in or upon such private premises. Provided, however, that in the case
of inhabited private premises which are not posted as provided in
this section such person, unless requested by anyone upon the premises
not to do so, may place or deposit any such handbill or newspaper
in or upon such inhabited private premises if the same is so placed
or deposited as to secure or prevent the same from being blown about
such premises or sidewalks, streets or other public places, and the
same is not placed upon the surface of the ground. Mailboxes may not
be used when so prohibited by Federal postal law or regulations, but
private boxes may be used when so provided.
[Amended 5-18-2023 by Ord. No. 09-2023]
The provisions of this section shall not apply to the distribution
of mail by the United States or its agents or legally authorized deliverers.
[Amended 5-18-2023 by Ord. No. 09-2023]
No person shall throw or deposit litter on any occupied private
property within the City whether owned by such person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles for collection in such a manner that
litter will be prevented from being carried, or deposited by the elements
upon any street, sidewalk, or other public place, or upon any private
property.
[Amended 5-18-2023 by Ord. No. 09-2023]
Person in control of any private property shall at all times
maintain the premises free of litter, provided, however that this
section shall not prohibit the storage of litter in authorized private
receptacles for collection.
[Amended 5-18-2023 by Ord. No. 09-2023]
No person shall throw or deposit litter on any open or vacant
private property within the City, whether owned by such person or
not.
[Amended 5-18-2023 by Ord. No. 09-2023]
This section shall be enforced by the Police Department or Public
Works Department of the City of Lambertville.
[Amended 5-18-2023 by Ord. No. 09-2023]
[1990 Code § 4-2.1]
It is hereby declared to be a nuisance and it shall be unlawful
for any person to make, cause or suffer or permit to be made or caused
upon any premises owned, occupied or controlled by him or upon any
public street, alley or thoroughfare in the City, any unnecessary
noises or sounds by means of the human voice, or by any other means
or methods which are physically annoying to persons, or which are
so harsh or so prolonged or unnatural, or unusual in their use, time
and place as to occasion physical discomfort, or which are injurious
to the lives, health, peace and comfort of the inhabitants of the
City of Lambertville, or any number thereof.
[1990 Code § 4-2.2; Ord. No. 2003-17; Ord. No. 03-2013]
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this section, but this enumeration shall not
be deemed to be exclusive, namely:
a.
Radios, Televisions, Phonographs. The playing of any radio receiving
set, television, musical instrument, phonograph or other machine or
device for the production or reproduction of sound with louder volume
than is necessary for convenient hearings of the person playing, using
or operating such instrument or device and any persons who are voluntary
listeners thereto, or in such manner as to disturb the peace, quiet
and comfort of neighboring inhabitants.
b.
Loudspeakers, Amplifiers for Advertising. The playing, for advertising
purposes or for the purpose of attracting the attention of the passing
public, or of any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound on the streets or public places in the City
or in any place where the sound therefrom is cast directly upon the
streets or public places, or which is so placed and operated that
the sound therefrom can be heard to the annoyance or inconvenience
of travelers upon any street or public place or of persons in neighboring
premises.
c.
Sound Trucks. The playing, for advertising purposes or for any other
purpose whatsoever, on or upon the public streets, alleys or thoroughfares
in the City, of any device known as a sound truck, loudspeaker or
sound amplifier, or radio or phonograph with a loudspeaker or sound
amplifier, or any other instrument known as a calliope, or any instrument
of any kind or character which emits therefrom loud and raucous noises
and is attached to and upon any vehicle operated or standing upon
the streets or public places aforementioned. Nothing contained herein
shall prohibit any official agency of the State of New Jersey or its
political subdivisions from operating a sound truck for any official
purpose, provided, however, that the agency desiring to operate such
truck shall first notify the Chief of Police of the times and places
of such proposed operation.
d.
Horns, Signaling Devices. The sounding of any horn or warning device
on any automobile, motorcycle, bus or other vehicle, except when required
by law or when necessary to give timely warning of impending danger
to persons driving other vehicles or to persons upon the street; as
well as the sounding of any horn or warning device on any automobile,
motorcycle, bus or other vehicles which shall emit an unreasonably
loud or harsh sound, or for any unnecessary or unreasonable period
of time.
e.
Construction and Utility Vehicles and Equipment. Individuals, corporations,
companies and utilities utilizing vehicles and equipment in connection
with the construction or demolition of buildings, roadways or other
structures or projects shall be limited in the use of such equipment
or vehicles between the hours of 7:00 a.m. and 9:00 p.m. and from
9:00 a.m. to 9:00 p.m. on Sundays, except in the case of emergencies
to be declared by either the Mayor, Police Director or Director of
Emergency Management. Snow plowing activities are specifically exempt
from this paragraph.
[1990 Code § 4-3.1; Ord. No. 06-2017]
Whenever the Mayor shall find it necessary and expedient for
the preservation of public health, safety, general welfare or to eliminate
a fire hazard, the Mayor shall direct the City Clerk to notice the
property owner or tenant of lands lying within the limits of the City
to remove from their lands brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash, or debris within
10 days after notice in writing to remove the same is sent.
[1990 Code § 4-3.2]
Any person refusing or neglecting to comply with the notice sent to them and refusing or neglecting to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris within the time provided for the notice shall, upon conviction, be liable to the penalty set forth in Chapter 1, Section 1-5.
[1990 Code § 4-3.3]
In addition to the penalty stated in Chapter 1, Section 1-5, if any owner or tenant of such lands shall refuse or neglect to comply with the notice so sent to them and to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris within the time provided for in the notice, the Director of Public Works shall cause the same to be removed under his direction. The Director of Public Works shall certify the costs thereof to the Mayor and Council, who shall examine the certificate and if found correct, shall cause the costs as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon the land and shall be added to and form part of the taxes next to be assessed and levied upon the land, to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes.
[1990 Code § 4-4.1; Ord. No. 18-2011]
No person shall consume or offer to another for consumption,
any alcoholic beverages, on or upon:
a.
Any public street, sidewalk, park, playground or in, on or upon any
land or building owned or occupied by any Federal, State, County or
municipal government.
b.
Any place to which the public at large is invited, provided that
nothing herein shall be construed to prohibit the consumption or sale
of alcoholic beverages within the licensed premises of a plenary retail
consumption liquor licensee, or the consumption of wine within a bona
fide restaurant.
[1990 Code § 4-4.2; Ord. No. 18-2011]
No person shall have in his possession or possess any alcoholic
beverage in, on or upon:
a.
Any public street, sidewalk, park, playground, or in, on or upon
any land or building owned or occupied by any Federal, State, County
or municipal government unless the same is contained within a closed
or sealed container.
b.
Any place to which the public at large is invited unless the same
is contained within a closed or sealed container, provided that nothing
herein shall be construed to prohibit the possession of alcoholic
beverages within the licensed premises of a plenary retail consumption
liquor licensee, or the possession of wine within a bona fide restaurant.
[1990 Code § 4-4.3; Ord. No. 18-2011]
Notwithstanding anything contained in this section to the contrary,
the Mayor and City Council, may by motion and application being made
therefor, permit the possession and consumption of alcoholic beverages
within premises not covered by a plenary retail consumption license,
for special functions or social events. This permission, if granted,
shall be consistent with the Alcoholic Beverage Control Law and the
regulations enacted pursuant thereto, and such further conditions
as may be imposed by the Mayor and City Council.
[Ord. No. 18-2011]
It is unlawful for any person under the legal age to, without
legal authority, knowingly possess or knowingly consume an alcoholic
beverage on private property.
[Ord. No. 18-2011]
As used in this section:
Shall mean a person who has qualified as a guardian of the
underage person pursuant to a testamentary or court appointment.
Shall mean the underage person's parent, grandparent, aunt
or uncle, sibling or any other person related by blood or affinity.
[Ord. No. 18-2011]
a.
This section shall not prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony or rite, or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
b.
This section shall not prohibit the possession of alcoholic beverages
by any underage person while actually engaged in the performance of
employment by a person who was licensed under Title 33 of the Revised
Statutes or while actively engaged in the preparation of food while
enrolled in a culinary arts or hotel management program at a county
vocational school or post-secondary educational institution, however,
this section shall not be construed to preclude the imposition of
a penalty under this section, N.J.S.A. 33:1-81 or any other section
of law against a person that is convicted of unlawful alcoholic beverage
activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 18-2011]
a.
Any person found guilty of violating the terms of this section shall
be subject to a fine of $250 for the first offense and $350 for any
subsequent offense. Upon a finding of guilt, the court may also suspend
or postpone for six months the person's driving privileges in addition
to the authorized fine. Upon the conviction of any person and suspension
or postponement of the person's driver's license, the court shall
forward a report to the New Jersey Motor Vehicle Commission ("Commission")
stating the first and last day of the suspension or postponement imposed
by the court pursuant to this section. If a person at the time of
the sentence is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day this sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years. If the person at the time of the imposition of
the sentence has a valid driver's license issued by this State, the
court shall immediately collect the license and forward it to the
Commission along with a report. If for any reason, the license cannot
be collected, the court shall include in the report the complete name,
address, date of birth, eye color and sex of the person as well as
the first and last date of the license suspension imposed by the Court.
b.
The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in N.J.S.A. 39:3-40. The person shall be
required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of the written notice shall not be a defense to a subsequent
charge of violation of N.J.S.A. 39:3-40.
c.
If the person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the non-resident
driving privilege for the person based on the age of the person and
submit to the Commission the required report. The court shall not
collect the license of the nonresident convicted under this section.
[1990 Code § 4-6.1; Ord. No. 2007-08]
As used in this section:
Shall mean a self-propelled or towed vehicle equipped to
serve as temporary living quarters for recreational, camping or travel
purposes and used solely as a family or personal conveyance. This
definition shall include but not be limited to mobile homes, camping
and/or tents cars.
Shall mean every vehicle, with or without motive power, designed
for carrying persons or property and for being drawn by a motor vehicle
and so constructed that no part of its weight rests upon the towing
vehicle. This definition shall include but not be limited to vehicles
that tow other motor vehicles, boats, animals and/or flat-bed, or
any enclosed type vehicle used to transport either persons or property
upon public roadways. Said definition shall also include open or enclosed
trailers commonly utilized by contractors to store or transport tools,
equipment and/or other materials.
[1990 Code § 4-6.2; Ord. No. 2007-08]
It shall be unlawful for any person to park any trailer or recreation
vehicle on any street in the City in violation of any section regulating
the parking of vehicles or for any period longer than eight hours.
[1990 Code § 4-6.3; Ord. No. 2007-08]
It shall be unlawful for any person to park any trailer or recreation
vehicle on any premises within the limits of the City except for the
purpose of repairs, storage or sale, and any such trailer or recreation
vehicle shall not, during any such period of repairs, storage or holding
for sale, be used by any person as a dwelling or sleeping place for
a period of longer than seven days in any one calendar year.
[1990 Code § 4-6.4]
Trailer parks, tourist camps, camp parks and trailer camps are
hereby prohibited within the limits of the City.
[Ord. 6/1/22; Ord. 4/12/82; 1990 Code §§ 4-7.1—4-7.3;
New]
The sale, use and possession of fireworks in the City of Lambertville
shall be prohibited pursuant to N.J.S.A. 21:3-2.
[1990 Code § 4-7.2]
No toy cannon, pistol or other fire arm, instrument, contrivance
or device producing an explosion either by ignition or concussion
through the use of gunpowder or other explosive substance; and no
torpedo, firecracker, squib or fireworks of any character shall be
at any time discharged or set off in the City.
[1990 Code § 4-7.3]
[1990 Code § 4-8]
No person shall resist, obstruct or interfere with any police
officer of the City of Lambertville in the performance of their duty,
nor shall any person disobey the lawful and reasonable order or instructions
of any such officer.
[1990 Code § 4-9.2]
The Mayor and Council of the City of Lambertville hereby finds
there has been a significant breakdown in the supervision normally
provided by certain parents and guardians for juveniles under 18 years
of age resulting in juveniles being involved in a wide range of unacceptable
behavior including vandalism, noisy and rowdy behavior, breaking and
entering, public drinking and littering, and harassment of residents.
The Mayor and Council further finds that the offensive activities
of the juveniles are not easily controlled by existing laws and ordinances
because the activities are easily concealed whenever police officers
are present and that the establishment of reasonable curfew regulations
will enable the community to better control the free and unobstructed
access to the streets and public places by the majority of residents
and will enable the police to act reasonably and fairly to prevent
the violation of laws and ordinances by juveniles.
The Mayor and Council further finds and has determined that
a curfew meets a very real local need and that curfew ordinances in
other communities have been a significant factor in minimizing juvenile
delinquency. A curfew in Lambertville is particularly appropriate
in view of the basic residential nature of the community and the sense
of the community that there is a proper time for the cessation of
outdoor activities of juveniles. That sense of the community is reflected
in the curfew hours declared by this section, which takes into consideration
also the danger hours for nocturnal crime and for accumulations of
juveniles with potential risks incident to immaturity.
The Mayor and Council further finds that the community is not
overcrowded and that there has been a decrease in the school population
over the past years. Commercial recreational facilities are limited
and there is little or nothing for juveniles to do outdoors but roam
the streets after the curfew hours which this section establishes.
Lambertville is basically a family community. Parental responsibilities
for the whereabouts of children is the accepted norm by a substantial
majority of the community. Legal sanctions to enforce such responsibility
have had a demonstrated effectiveness in many communities over the
years. The Mayor and Council has determined that as parental control
increases there is a likelihood that juvenile delinquency decreases,
that there is a need for nocturnal curfew for juveniles in Lambertville
and that the establishment of a curfew applicable to juveniles will
reinforce the primary authority and responsibility of parents and
guardians over juveniles in their care and custody.
[1990 Code § 4-9.2]
As used in this section:
Age shall mean years of age continued from one birthday to,
but not including the day of the next such that a person who has not
completed 17 years of life is deemed to be 16 years of age.
Shall mean any person under the age of 18 or, in equivalent
phrasing often herein employed, any person 17 years of age or younger.
Shall mean any person having legal custody of a juvenile
as:
Shall mean to stay behind, to tarry and to stay unnecessarily
upon the streets, including the congregating of groups, or of interacting
minors, totaling four or more persons in which any juvenile involved
would not be using the streets for ordinary or serious purposes such
as mere passage or going home. To implement that thought with additional
precision and precaution, numerous exceptions are expressly defined
in this section so that this is not a mere prohibitory or presence
type curfew ordinance. More and more exceptions become available with
increasing years and advancing maturity as appropriate in the interest
of reasonable regulation.
Shall mean a way or place, of whatsoever nature, open to
the use of the public as a matter of right for purposes of vehicular
travel or, in the case of a sidewalk thereof, for pedestrian travel.
The term street includes the legal right-of-way, including but not
limited to the cartway or traffic lanes, the curb, the sidewalks,
whether paved or unpaved, and any grass plots for other grounds found
within the legal right-of-way of a street. The term street shall also
include shopping areas, parking lots, public buildings and similar
areas that are open to the use of the public such as bridges, alleys,
parks, recreational and athletic areas.
Shall mean time of night referred to herein is based upon
the prevailing standard of time, whether Eastern Standard Time or
Eastern Daylight Savings Time, generally observed at that hour by
the public in the City, prima facie the time then observed in the
City administrative offices and police station.
[1990 Code § 4-9.3]
It shall be unlawful for any person 17 years of age or younger,
under 18, to be or remain in or upon the streets within the City of
Lambertville at night during the period ending at 6:00 a.m. and beginning:
[1990 Code § 4-9.4]
a.
Exemptions. The nocturnal hours proscribed by subsection 4-9.3 is intended to provide the maximum limits or regulations and a clear general guide for minors, their parents and their fellow-citizens. A minor on a City street during the proscribed hours shall not, however, be considered in violation of this section:
1.
Accompanied by Parent. When accompanied by a parent of such minor.
2.
Accompanied by Authorized Adult. When accompanied by an adult authorized
by a parent of such minor to take such parent's place in accompanying
the minor for a designated period of time and purpose within a specified
area.
3.
First Amendment Rights. When exercising First Amendment rights protected
by the United States Constitution, such as the free exercise of religion,
freedom of speech and the right of assembly. The juvenile shall evidence
the bona fides of such exercise by first delivering to the person
designated by the Police Director to receive such information, at
the Police Headquarters, 18 York Street, a written communication,
signed by the juvenile with his or her home address and telephone
number, specifying when, where and in what manner the juvenile will
be on the streets at night, during hours when the curfew restrictions
are otherwise applicable to the minor, in the exercise of the First
Amendment right described in such communication.
4.
Reasonable Necessity. In case of reasonable necessity for a juvenile
remaining on the streets, but only after the juvenile's parent has
communicated to the Police Director to receive such notifications
the facts establishing the reasonable necessity relating to specified
streets at a designated time for a described purpose, including points
of origin and destination. A copy of the communication, or of the
police record thereof, duly certified by the Police Director or his
designee to be correct, with an appropriate notation of the time it
was received and of the names and addresses of the parent and juvenile,
shall be admissible evidence.
5.
In Front of House. When the juvenile is on the sidewalk of a place
where such juvenile resides, or on the sidewalk of either next door
neighbor not communicating an objection to the police.
6.
Returning Home from Authorized Activity. When returning home, by
a direct route from, and within one hour after the termination of
a school or City sponsored activity, or an activity of a religious
or other association, of which prior notice, indicating the place
and probable time of termination, has been given in writing to, and
duly filed for immediate reference by, the Police Director or officer
assigned by him on duty at the police station.
7.
Special Permit. When authorized by special permit from the Police
Director carried on the person of the juvenile thus authorized, as
follows:
(a)
When necessary nighttime activities of a juvenile may be inadequately
provided for by other provisions of this section recourse may be had
to the Police Director, either for a regulation as provided in paragraph
a,8 or for a special permit as the circumstances warrant.
(b)
Upon the findings of necessity for the use of the streets to
the extent warranted by a written application signed by the juvenile
and by a parent of the juvenile, if feasible, stating:
(1)
The name, age and address of the juvenile.
(2)
The name, address and telephone number of a parent thereof.
(3)
The height, weight, sex, color of eyes and hair and other physical
characteristics of the juvenile.
(4)
The necessity which requires the juvenile to be present on the
public streets, and the beginning and ending of the period of time
involved by date and hour.
The Police Director may grant a permit in writing for the use
by the juvenile of streets at such hours as in the opinion of the
Police Director may reasonably be necessary. In an emergency this
may be accomplished by telephone or other effective communication,
with a corresponding record being made contemporaneously by the Police
Director, or by the person designated by the Police Director to act
on his behalf in an emergency, at the police station.
8.
Special Regulations. When authorized by regulation issued by the
Police Director in other similar cases of reasonable necessity, similarly
handled but adapted to necessary nighttime activities of more juveniles
than can readily be dealt with on an individual special permit basis.
Such regulation by the Police Director permitting use of the streets
should be issued sufficiently in advance to permit appropriate publicity
through news media and through other agencies such as the schools.
It shall define the activity, the scope of the use of the streets
permitted, the period of time involved, not to extend more than one
hour beyond the time for termination of the activity, and the reason
for finding that the regulation is reasonably necessary and is consistent
with the purposes of this section.
9.
Employment. When the juvenile carries a certified card of employment,
renewable each calendar month when the current facts so warrant, dated
or reissued not more than 45 days previously, signed by the Police
Director and briefly identifying the juvenile, the addresses of his
home and of his place of employment, and his hours of employment.
10.
Motor Vehicles. When the minor, with parental consent, is traveling
in a motor vehicle or alighting therefrom and proceeding to his home
directly. It is the intention of this provision to clearly exempt
bona fide interstate movements along major routes through the City
of Lambertville and interstate travel beginning or ending in the City
of Lambertville.
11.
Medical. When the minor is engaged in an errand involving a medical
emergency.
b.
Further Exemptions. Each of the foregoing exceptions, and their several
limitations, such as provisions for notification, are severable, as
hereinafter provided but here reemphasized, will be considered by
the City Council as warranted by future experience illuminated by
the views of student government associations, school personnel, citizens,
associations, parents, officers and persons in authority concerned
positively with juveniles as well as with juvenile delinquency.
[1990 Code § 4-9.5]
It shall be unlawful for a parent having legal custody of a
juvenile knowingly to permit or by inefficient control to allow the
juvenile to be or remain upon any City street under circumstances
not constituting an exception to, or otherwise beyond the scope of,
this section. The term "knowingly" includes knowledge which a parent
should reasonably be expected to have concerning the whereabouts of
a juvenile in that parent's legal custody. It is intended to continue
to keep neglectful or careless parents up to a reasonable community
standard of parental responsibility through an objective test. It
shall, therefore, be no defense that the parent was completely indifferent
to the activities or conduct or whereabouts of such juvenile.
[1990 Code § 4-9.6]
a.
Review. Police procedures shall constantly be refined in the light
of experience and may provide that the Police Officer may deliver
to a parent or guardian thereof a juvenile under appropriate circumstances,
for example, a juvenile of tender age near home whose identity and
address may readily be ascertained or are known.
b.
Reports. A Police Officer discharging an enforcement obligation under
this section shall file a written report with the Police Director
or shall participate to the extent of the information for which he
is responsible in the preparation of a report on the curfew violation.
It is not the intention of this subsection to require extensive reports
that will prevent Police Officers from performing their primary police
duties. The reports shall be as simple as is reasonably possible and
may be completed by Police Departmental personnel other than sworn
Police Officers.
c.
Released Juvenile. When a parent or guardian, immediately called,
has come to take charge of the juvenile, and the appropriate information
has been recorded, the juvenile shall be released to the custody of
such parent. If the parent cannot be located or fails to take charge
of the juvenile, then the juvenile shall be released to the juvenile
authorities, except to the extent that in accordance with police regulations,
approved in advance by juvenile authorities, the juvenile may temporarily
be entrusted to an adult relative, neighbor or other person who will,
on behalf of a parent or guardian, assume the responsibility of caring
for the juvenile pending the availability or arrival of a parent or
guardian.
d.
Notification of Parent; Questioning of Juvenile. If a Police Officer
reasonably believes that a juvenile is on the streets in violation
of this section, the officer shall notify the juvenile that (s)he
is in violation of this section and shall require the juvenile to
provide his/her name, address and telephone number and how to contact
his/her parent or guardian. In determining the age of the juvenile
and, in the absence of convincing evidence such as a birth certificate,
a Police Officer on the street shall, in the first instance, use his/her
best judgment in determining age. The normal procedure shall then
be to take the juvenile to the police station where a parent or guardian
shall immediately be questioned. This is intended to permit ascertainment
under constitutional safeguards of relevant facts, and to centralize
responsibility in the person designated there and then on duty for
accurate, effective, fair, impartial and uniform enforcement and recording,
thus making available experience personnel and access to information
and records.
e.
Notice of Violation. In the case of a first violation by a juvenile,
the Police Director shall, by certified mail, send to the parents
or guardians of the minor written notice of the violation with a warning
that any subsequent violation will result in full enforcement of the
curfew ordinance, including enforcement of parental responsibility
and of applicable penalties.
[1990 Code § 4-9.7]
a.
Parents. If, after receipt of a warning notice, pursuant to subsection 4-9.6e, of a first violation by a juvenile, a parent violates subsection 4-9.5 (in connection with a second violation by the juvenile) this shall be treated as a first offense by the parent. For the first parental offense a parent shall be fined $25 and shall perform community service of a period of five days, and for the second parental offense the fine shall be $50 and he or she shall perform 10 days of community service. For each subsequent offense the parent shall perform community service of not less than 25 nor more than 90 days and shall pay a fine of not less than $100 nor more than $1,000.
b.
Juveniles. Any juvenile who shall violate any of the provisions of
this section more than three times shall be reported by the Police
Director to the juvenile authorities as a juvenile in need of supervision
and the Police Director may proceed to file charges with the Hunterdon
County Family Court, as he may deem appropriate. The juvenile shall
also perform community service together with the parent.
[1990 Code § 4-10.3]
[Ord. #95-16, § 4-10.4]
All tobacco vending machines and self-service tobacco displays
made unlawful by the terms of this section shall be removed within
30 days from the effective date of Ordinance No. 25-16 establishing
the prohibition, adopted on December 18, 1995.
[Ord. #95-16, § 4-10-5]
Shall mean the representative of the Hunterdon Council Health
Department assigned to the City of Lambertville.
Shall mean any place or business that sells to the public
at retail.
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling or other personal use including
cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any
form.
Shall mean any person or entity that operates a store, stand,
booth, concession or place at which sales of tobacco are made to purchasers
for consumption or use. Shall also mean a person or entity that owns,
operates or uses a vending machine and/or a vending machine location.
Shall mean any automated, self-service device which, upon
insertion of money, tokens or other form of payment, dispenses tobacco
products.
Shall mean the room, enclosure, space or area where a tobacco
vending machine is installed and operated.
[Ord. #95-16, § 4-10.6]
a.
Whenever the Health Officer or his designee reasonably believes there
exists a violation of this section, he may issue a summons and complaint
not later than 90 days after discovery of the alleged violation. The
complaint shall be written and shall state with reasonable particularity
the nature of violation, including reference to the article and section
of this chapter alleged to have been violated. The complaint shall
be delivered or sent by certified mail to the alleged violator.
b.
The Health Officer, or his designee, or any other person charged
with enforcement of this section, after giving proper identification,
may inspect any matter, thing, premises, person, record vehicle, incident
or event as necessary.
c.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer or his designee,
who may request the assistance of the Lambertville Police Department,
or other police agency or peace officer when necessary to execute
his or her official duty in a manner prescribed by law.
d.
Citizens may bring complaints against violators of this section.
[Ord. #95-16, § 10-4.7]
This section shall be liberally construed for the protection
of the health, safety and welfare of the residents of the City of
Lambertville.
[Ord. #95-16 § 4-10.8]
a.
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this section shall, upon conviction
thereof, pay a penalty of not less than $100 nor more than $500 for
each offense. Complaint shall be made in the Municipal Court of the
City of Lambertville or before such other judicial officer having
authority under the laws of the State of New Jersey.
b.
Each sale of tobacco to a person under the age of 19 years of age
shall constitute a separate violation.
c.
Any fine imposed as a result of action by the Health Officer shall
be paid to the County of Hunterdon.
d.
The Board of Health may suspend the Retail Food Establishment License
of any person convicted of violation of this section for a period
of not more than three days, pursuant to the authority of the Board
of Health to license and regulate food establishments as provided
by N.J.S.A. 26:3-31(c).
[1990 Code § 4-11.1; Ord. No. 2003-10]
Hours of use for all public park areas regulated by the City
of Lambertville shall be as follows:
[1990 Code § 4-11.2]
Persons or organizations must submit a written request for use
of the park no less than 30 days in advance to the Recreation Commission.
A copy of all approvals will be filed with both the Police and the
Public Works Departments.
[1990 Code § 4-11.3]
The Recreation Commission may waive any regulation above and
authorize use of the park for special events sponsored by a recognized
community group.
[Prior subsection 4-11.4, Unlawful Feeding of Nondomesticated
Animals on Certain Public Lands, was relocated and amended with Section
4-11A 5-18-2023 by Ord. No. 10-2023. Prior history includes 1990 Code
§ 4-11.4.]
See: Section 4-11A Wildlife Feeding
[Prior subsection 4-11.5, Unlawful Feeding of Nondomesticated
Animals on Certain Private Land, was relocated and amended with Section
4-11A 5-18-2023 by Ord. No. 10-2023. Prior history includes 1990 Code
§ 4-11.5.]
See: Section 4-11A Wildlife Feeding
[Ord. No. 2003-11]
It shall be unlawful for any vehicle to be parked in any areas
of the City parks including the designated parking lots for more than
24 consecutive hours without advanced written permission from the
Lambertville Police Department.
[Amended 5-18-2023 by Ord. No. 10-2023]
This section prohibits the feeding of unconfined wildlife in
any public park or on any other property owned or operated by the
City of Lambertville so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
[Amended 5-18-2023 by Ord. No. 10-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
[Amended 5-18-2023 by Ord. No. 10-2023]
a.
No person shall feed, in any public park or on any other property
owned or operated by the City of Lambertville, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers, or feral cats as part of an approved Trap-Neuter-Release
program).
[Amended 5-18-2023 by Ord. No. 10-2023]
[Amended 5-18-2023 by Ord. No. 10-2023]
[Ord. No. 19-2014]
It is unlawful to urinate or defecate in any public area, public
place or within view of the public.
[Ord. No. 19-2014]
Any person adjudged guilty of a violation of the provisions of this Section 4-12 shall, upon conviction thereof in the Municipal Court, be punished by a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days and/or a period of community services for not more than 90 days, at the discretion of the Court.
[Ord. No. 19-2014]
The provision of this Section 4-12, in addition to other methods of enforcement provided by law, may be enforced by the issuance of a Notice of Violation by any member of the Police Department.
[Ord. No. 19-2014]
The enforcement provisions of this Section 4-12 shall not apply to the following individuals who may not be able to adequately control the bodily functions that control urination or defecation:
[1990 Code § 4-13.1]
As used in this section:
Shall mean any vehicle which cannot be started upon the request
of the Zoning Officer or any Police Officer or cannot be lawfully
driven or for any other reason will not run. A vehicle shall also
be considered inoperable if the owner refuses to start it.
Shall mean any individual person, group of persons, partnership,
corporation, firm or association or any other entity.
[1990 Code § 4-13.2]
A vehicle which has remained on or along any highway or other
public property or on private property with or without the consent
of the owner or other person in charge of such private property for
a period of more than 48 hours or for any period without current license
plates shall be presumed to be an abandoned motor vehicle.
[1990 Code § 4-13.3]
No person shall park, leave or store an abandoned, inoperable,
unlicensed or uninspected motor vehicle, truck trailer or automotive
parts on any public lands or premises except in case of emergency
and then for a period of not more than 48 hours. In any event, the
owner or operator of such motor vehicle, truck trailer or automotive
parts shall immediately notify the Police Department when such emergency
exists.
[1990 Code § 4-13.4]
No person shall park, leave, store or maintain any abandoned,
inoperable, unlicensed or uninspected motor vehicle, truck trailer
or automotive parts upon any private lands or premises.
[1990 Code § 4-13.5]
a.
Exceptions. This section shall not apply to any motor vehicle, truck
trailer or automotive part that is:
1.
Located or stored on lands and premises of a new or used car dealer
or service station while for sale more than six months; or
2.
On the premises and associated with the lawful operation of a commercial
garage; or
3.
Any motor vehicle which has a current "Antique Motor Vehicle" license
plate issued by the Motor Vehicle Commission; or
4.
Vehicles or parts used for farming or agricultural purposes or industrial
or mining purposes; or
5.
Located on premises owned or occupied by the owner of the inoperative
vehicle where such vehicle is actually in the process of being restored
and/or repaired in accordance with the provisions of paragraph b below.
b.
Exclusions.
1.
Nothing herein contained shall prohibit the placing, keeping or storage
of a single unregistered motor vehicle with a valid certificate of
ownership (title), per resident in the rear of the residential private
property.
2.
Any residential property owner, or persons having the permission
of a residential property owner, who intends to maintain an unregistered
automobile on his or her property shall apply for a permit to allow
for the placing, keeping and storage of said motor vehicle.
3.
In the case of an individual not owning the residential property
in question, the owner of record of said property must give his or
her permission in affidavit form. The affidavit shall contain the
consent of the property owner, the signature of the property owner
and the name, address and phone number of the person to contact in
connection with the permit.
4.
No more than one unregistered vehicle at a time shall be allowed
on the residential property.
5.
The permit applies to automobiles, pickup trucks and motorcycles
only. No permits will be issued for buses, trailers or commercial
vehicles.
6.
Together with the application, the residential property owner or
his designee shall produce a valid certificate of ownership (title)
for said vehicle prior to receiving approval of the permit.
7.
This section shall be administered and enforced by the Zoning Officer
of the City of Lambertville.
[1990 Code § 4-13.6]
a.
When a violation of this section is observed on private property
or public property other than a highway, notice shall be sent by certified
mail by the Zoning Officer to the owner and/or occupier of the premises
in the case of private property.
Such notice shall describe the violation and provide the recipient(s)
with 10 days from the date of the notice within which to correct the
violation. After the expiration of the ten-day period, each day that
the violation continues shall be considered a separate offense. When
the abandoned vehicle is found on a highway, the provisions of N.J.S.A.
39:4-56.1 et seq. shall apply.
b.
The notice shall describe, in addition to the violation, any action
necessary to correct the violation. Further, the notice shall state
that each day after the deadline expressed in the notice shall constitute
a separate offense. The notice shall be sufficient in regard to the
owner of an inoperable vehicle where his address is determined from
the Motor Vehicle Commission of the State of New Jersey or any other
jurisdiction. Notice to the landowner shall be sufficient where the
name and address of such owner is determined from the latest tax duplicate
of the Tax Assessor of the City. Notice to the occupier shall be sufficient
where a copy of the notice is posted in a conspicuous place on the
private property on which the inoperable vehicle is located and a
duplicate copy is sent to the occupier of the private property at
this last known address. Such notices shall be served either personally
or by ordinary mail.
[1990 Code § 4-13.7]
a.
If the violation described in the notice is not remedied within the
time period set forth therein, it may be taken into possession and
removed from the premises where the vehicle is found to be on public
property or constitutes a nuisance. It shall be unlawful for any person
to interfere with, hinder or refuse to allow the entry upon private
property for the removal of the inoperable vehicle in question.
b.
Within 48 hours of the removal of such inoperable vehicle, notice
shall be given to the owner of the vehicle, if known, and also to
the owner or occupant of the private property from which the vehicle
was removed, that the inoperable vehicle has been impounded and stored
as a result of the violation of this section. Such notice shall give
the location of the inoperable vehicle so removed and the name and
address of the contractor responsible.
c.
Any inoperable vehicle taken into possession as provided in this
section shall be disposed of as provided in N.J.S.A. 39:10A-1 et seq.,
unless the same is redeemed by its owner prior to any sale under such
statute.
[1990 Code § 4-13.8]
[1990 Code § 4-5.1]
Pursuant to the provisions of the Bingo Licensing Law, and particularly
under the authority of N.J.S.A. 5:8-31, pertaining to the conduct
of the game of chance commonly known and designated as "bingo," there
is hereby authorized in the City the conduct of bingo games of chance
on the first day of the week commonly known and designated as "Sunday."
[1990 Code § 4-5.2]
The conduct of bingo games on Sunday shall be subject to all
provisions of the Laws of the State of New Jersey applicable thereto
and to the rules and regulations promulgated from time to time by
the Legalized Games of Chance Control Commission and to such other
regulatory actions which may be lawfully taken from time to time by
any authorized agency or political subdivision of the State of New
Jersey.
[Ord. No. 15-2017 § 1;
amended 10-20-2022 by Ord. No.
23-2022]
This section authorizes the City of Lambertville to govern the
maintenance of vacant or abandoned property in the City of Lambertville,
establishing registration requirements and levying a registration
fee on owners of vacant properties.
[Ord. No. 15-2017 § 1;
amended 10-20-2022 by Ord. No.
23-2022]
As used in this section, the following terms shall have the
meanings indicated:
A state-chartered 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.A.C. 46:10B (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, not limited to, services.
Includes 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 provision of N.J.A.C. 46:10B-51 (P.L. 2008,
c. 127, Section 17) or any other entity determined by the City of
Lambertville.
Any building used or to be used for residential or commercial
purposes which is not legally occupied or at which substantially all
lawful construction operations or occupancy has ceased and been abandoned
for more than six months; provided, however, that any property that
contains all building system in working order, is fully compliant
with our property maintenance codes, and is being actively marketed
by its owner for sale or rental, shall not be deemed vacant.
Property determined to be abandoned property in accordance with
the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq.; and/or N.J.S.A. 2A:50-73 residential
real estate, where notice of violation has been issued pursuant to
N.J.S.A. 40:48-2.12s(1)(b); and/or where a mortgaged property is not
occupied by a mortgagor or tenant and at least two of the following
conditions exist:
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 person,
or government employees indicating that the residence is vacant and
abandoned;
Window or entrances to the property that are boarded up or closed
off or multiple window panes that are damaged, broken and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged or continuously unlocked;
Risk to health, safety or welfare of the public, or any adjoining
or adjacent property owners, exists due to acts of vandalism, loitering,
criminal conduct, or 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 which must be received
in the office of the Municipal Clerk within 10 days of serving the
summons and complaint;
Any other reasonable indicia of abandonment.
Residential properties shall not be considered vacant and abandoned
if, on the property:
There is an unoccupied building which is undergoing construction,
renovation or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations and statutes;
There is a building occupied on a seasonal basis, but otherwise
secure; or
There is a building that is secure, but is the subject of a
probate action, action to quiet title or other ownership dispute.
[Ord. No. 15-2017 § 1;
amended 10-20-2022 by Ord. No.
23-2022]
The owner of any building that has become vacant property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant shall within 30 days:
a.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Code of the City of Lambertville.
b.
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent for
the purpose of service of the process, and the person responsible
for day-to-day supervision and management of the building, if such
a person is different from the owner holding title or authorized agent.
The sign shall be of a size and place in such a location so as to
be legible from the nearest public street or sidewalk, whichever is
near, but shall be no smaller than 18 inches by 24 inches.
c.
Secure the building from unauthorized entry and maintain a sign until
the building is again legally occupied or demolished or until repair
or rehabilitation of the building is complete.
d.
Post the property with "No Trespassing" signs or a nature sufficient
to give notice to any person entering upon the property that is against
the laws to enter the property without permission of the owner.
e.
Ensure that the vacant property is inspected on a monthly basis by
the owner's authorized agent and prepare inspection reports, which
shall be forwarded to the Construction Officer or the Mayor's designee
no later than the last day of each month.
f.
Ensure that the vacant property is maintained in accordance with
all property maintenance ordinances of the City of Lambertville.
g.
The owner of any vacant building shall acquire and otherwise maintain
liability insurance by procuring a vacancy policy in an amount of
not less than $300,000 for buildings designed primarily for use as
residential units and not less than $1,000,000 for any other building,
including, but not limited to, buildings designed for manufacturing,
industrial, storage or commercial uses, covering any damage to any
person or any property caused by any physical condition of or in the
building. The owner shall attach evidence of the insurance to the
owner's registration statement. Any registration statement submitted
that does not include such evidence shall not be deemed to be a valid
registration which shall subject the owner to penalties under this
section.
[Ord. No. 15-2017 § 1;
amended 10-20-2022 by Ord. No.
23-2022]
The Mayor and City Council may issue rules and regulations for
the administration of the provision of this section.
[Ord. No. 15-2017 § 1;
amended 10-20-2022 by Ord. No.
23-2022]
a.
Any owner who is not in full compliance with this section or who
otherwise violates any provision of this section or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than $500 and not more than $1,000 for each offense. Each day during
which any violation of this section continues shall constitute a separate
and distinct offense. Fines assessed under this section shall be recoverable
from the owner and shall be a lien on the property.
b.
For purpose of this section, failure to file a registration statement
on time, failure to provide correct information on the registration
statement, failure to submit inspection reports, failure to comply
with the provisions of this section, or such other matters as may
be established by the rules and regulations of the Construction Department,
Zoning Officer, or the Police Department, or any other agent as authorized
by the Mayor or his designee, shall be deemed to be violations of
this section.
[Ord. No. 15-2017 § 1;
amended 10-20-2022 by Ord. No.
23-2022]
Nothing in this section is intended nor shall be read to conflict
or prevent the City of Lambertville from taking action against buildings
found to be unfit for human habitation or unsafe structures as provided
in applicable provisions of the Lambertville City Code, 2014.
[Ord. No. 15-2017 § 1;
amended 10-20-2022 by Ord. No.
23-2022]
Any funds collected as vacant property registration fees in
excess of the funds necessary to operate and enforce the provisions
of this section shall be used at the discretion of the Mayor and City
Council.
[Ord. No. 15-2017 § 2;
amended 10-20-2022 by Ord. No.
23-2022]
Pursuant to the provisions of the New Jersey Creditor Responsibility
Law (P.L. 2014, c. 5), a creditor filing a summons and complaint to
foreclose a lien on a property that is vacant and/or abandoned, whether
filing of the summons and complaint is made before or after the determination
that the property is vacant and abandoned, shall be responsible for
the care, maintenance, security, and upkeep of the exterior of the
residential property. The creditor must provide notice to the Municipal
Clerk within 10 days of serving the summons and complaint to the property
owner. If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to be provided in a notice pursuant
to this subsection following the filing of the summons and complaint,
the creditor shall provide a notice to the Municipal Clerk containing
the updated name, address, or telephone number within 10 days of the
change in that information.
[Ord. No. 15-2017 § 3;
amended 10-20-2022 by Ord. No.
23-2022]
If the Zoning Officer or other authorized municipal official,
determines that a creditor obligated to care, maintain, secure and
keep up a vacant and abandoned property has failed to do so in violation
of the provisions of the Code, the public officer or other authorized
municipal official shall issue a notice of violation to the creditor
that has filed a summons and complaint to foreclose on the property
in question. The notice shall require the person or entity to correct
the violation within 30 days of receipt of the notice, or within 10
days of receipt of the notice if the violation presents an imminent
threat to public health and safety. The issuance of this notice shall
constitute evidence that a property is vacant and abandoned for the
purpose of N.J.S.A. 2A:50-73.
[Ord. No. 15-2017 § 4;
amended 10-20-2022 by Ord. No.
23-2022]
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to paragraph
one of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court
of competent jurisdiction to have violated this provision shall be
subject to a fine of $2,500 for each day of the violation commencing
on the day after the ten-day period set forth in paragraph one of
N.J.S.A. 46:10b-51 with respect to notifying the Municipal Clerk that
an action to foreclose on the property has been filed.
[Ord. No. 15-2017 § 5;
amended 10-20-2022 by Ord. No.
23-2022]
For violation of any provision of this section, the penalty,
upon conviction, shall be a minimum fine of $100 and a maximum fine
not exceeding $2,000, or imprisonment for a period not exceeding 90
days, or a period of community service not exceeding 90 days, or any
combination thereof. Each day on which such violation exists shall
constitute a separate violation. The court before which any person
is convicted of violating this section shall have the power to impose
a penalty, pursuant to N.J.S.A. 26:3-70 et seq. and the Penalty Enforcement
Law [N.J.S.A. 2A:58-1 et seq.(1)], of not more than $500 nor less
than $5. A creditor required to care for, maintain, secure, and keep
up a property under this section cited in notices issued pursuant
to this section shall be subject to a fine of $2,000 for each day
of the violation. The penalties set forth in this section are separate
and apart from the remedy provided for in the New Jersey Statutes
Annotation, N.J.S.A. 40:48-2.13 and 40:48-2.14. The remedy in this
section shall be in addition to all remedies available to the City
in laws or in equity.
[Ord. No. 15-2017 § 6;
amended 10-20-2022 by Ord. No.
23-2022]
If any section, subsection, sentence, clause, phrase or portion
of this section is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
[Ord. No. 15-2017 § 7;
amended 10-20-2022 by Ord. No.
23-2022]
Effective July 1, 2017, the owner 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 Municipal Clerk on forms
provided by the municipality for such purposes. Failure to receive
notice by the municipality shall not constitute grounds for failing
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 email address (if applicable) of a person 21
years or older, designated by the owner or owners as authorized agent
for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceedings
on behalf of such owner or owners in connection with the enforcement
of any applicable code, and the name, street address, telephone number,
and email of the firm and the actual name(s) of the first 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 which shall expire December 31 of the year registered. The owner shall be required to renew the registration annually as long as the building remains vacant and/or abandoned property and shall pay a registration or renewal fee in the amount prescribed in Subsection 4-15.8 of this section, for each vacant property registered.
d.
The annual renewal shall be completed by January 1 of each year.
e.
The owner shall notify the Municipal Clerk's office within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the City of Lambertville
for such purpose.
f.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement preceding
our court proceeding instituted by the City of Lambertville against
the owner or owners of the building.
[Ord. No. 15-2017 § 8;
amended 10-20-2022 by Ord. No.
23-2022]
The initial registration fee for each building shall be $500.
The fee for the first renewal is $1,500, and the fee for the second
renewal is $3,000. The fee for any subsequent renewal beyond the second
renewal is $5,000. The fee for filing amendments is $50 per amendment.
[Added 10-17-2019 by Ord.
No. 26-2019]
No person, shall within the City of Lambertville:
a.
Be loud, unruly, unmanageable, riotous, uncontrollable or disorderly
in any public place or quasi-public place so as to cause a disturbance
or annoyance to neighbors, adjacent property owners or other persons
within a reasonable proximity;
b.
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating
odor;
c.
Willfully or maliciously ring or sound or cause to be rung or sounded
any bell, siren or other alarm to give false impression of a fire
or emergency;
d.
Appear on any street, road, avenue, park or other parks, including
in vehicles parked on the same in a state of nudity.
e.
Remove or interfere with or disturb any lantern, warning signal,
obstruction or barricade lawfully placed in or across any public street
by a public authority, its contractors, agents, servants or employees.
f.
Cause damage to public property, including, but not limited to, playgrounds,
government buildings or driving on park property.
As used in this section, the following terms have the following
meanings:
Wherever appropriate in connection with the context, includes
corporation, partnership, association and individual and shall include
the plural.
[Added 10-21-2021 by Ord.
No. 21-2021]
In accordance with the provisions of N.J.S.A. 55:19-79, the
Governing Body of the City of Lambertville finds and declares that:
a.
Abandoned properties, particularly those located within urban areas
or in close proximity to occupied residences and businesses, create
a wide range of problems for the communities in which they are located,
creating public health problems and otherwise diminishing the quality
of life for residents and business operators in those areas.
b.
Abandoned properties diminish the property values of neighboring
properties and have a negative effect on the quality of life of adjacent
property owners, increasing the risk of property damage through arson
and vandalism and discouraging neighborhood stability and revitalization.
c.
For these reasons, abandoned properties are presumptively considered
to be nuisances, in view of their negative effects on nearby properties
and the residents or users of those properties.
d.
The responsibility of a property owner to maintain a property in
sound condition and prevent it from becoming a nuisance to others
extends to properties which are not in use and 'demolition by neglect',
leading to the deterioration and loss of the property, or failure
by an owner to comply with legitimate orders to demolish, stabilize
or otherwise repair his or her property creates a presumption that
the owner has abandoned the property.
e.
Many abandoned buildings still have potential value for residential
and other uses and such buildings should be preserved rather than
demolished, wherever feasible, particularly buildings that have historic
or architectural value, or contribute to maintaining the character
of neighborhoods or streetscapes, or both, as the case may be.
[Added 10-21-2021 by Ord.
No. 21-2021]
As used in this section:
Means any property that is determined to be abandoned pursuant to the provisions of Subsection 4-17.4.
Means a list of properties identified by the public officer,
designated pursuant to N.J.S.A. 40:48-2.5, to establish and maintain
a list of properties that contains the tax block and lot number, the
name of the owner of record, if known, and the street address of the
lot, pursuant to the provisions of N.J.S.A. 55:19-55.
Means the New Jersey Department of Community Affairs.
Means any person or entity holding a note, mortgage or other
interest secured by the building or any part thereof.
Means the City of Lambertville and shall include a qualified rehabilitation entity that may be designated by the City of Lambertville pursuant to Subsection 4-17.13 herein to act as its agent to exercise any of the City of Lambertville's rights pursuant thereto.
Means the holder or holders of title to an abandoned property.
Means any building or structure and the land appurtenant
thereto.
Means the person designated by the mayor of the City of Lambertville,
pursuant to section N.J.S.A. 40:48-2.4, or any officer of the City
of Lambertville qualified to carry out the responsibilities set forth
under the provisions of this section and as designated by the mayor.
Means an entity organized or authorized to do business under
the New Jersey statutes which shall have as one of its purposes the
construction or rehabilitation of residential or non-residential buildings,
the provision of affordable housing, the restoration of abandoned
property, the revitalization and improvement of urban neighborhoods,
or similar purpose, and which shall be well qualified by virtue of
its staff, professional consultants, financial resources, and prior
activities set forth in this section to carry out the rehabilitation
of vacant buildings in urban areas.
Means 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;
provided, however, that any property that contains all building systems
in working order and is being actively marketed by its owner for sale
or rental shall not be deemed vacant.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
Pursuant to the provisions of N.J.S.A. 55:19-55, the public officer
is hereby directed to identify abandoned properties within the City
of Lambertville, and provide such notices and carry out such tasks
as are required to effectuate an abandoned property list as provided
by law.
b.
The public officer shall provide a report to the mayor every six
months with respect to the number and location of properties on the
abandoned property list, the status of those properties, and any actions
taken by the City of Lambertville or by any qualified rehabilitation
entity, designated pursuant to the authority granted the public officer,
with respect to any property on the list or any other abandoned property
with the City of Lambertville.
c.
The public officer shall establish the abandoned property list or any additions thereto by publication in the official newspaper of the City of Lambertville, which publication shall constitute public notice and, within 10 days after publication, shall send a notice, by certified mail, return receipt requested, and by regular mail, to the owner of record of every property included on the list. The published and mailed notices shall identify property determined to be abandoned setting forth the owner of record, if known, the tax lot and block number and street address. The public officer, in consultation with the tax collector, shall also send out a notice by regular mail to any mortgagee, servicing organization, or property tax processing organization that receives a duplicate copy of the tax bill pursuant to subsection (d) of N.J.S.A. 54:4-64. 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 public officer's finding that the property is abandoned property as that term is defined in N.J.S.A. 55:19-54 and the rules and regulations promulgated thereunder, specifying the information relied upon in making such finding. In all cases a copy of the mailed or posted notice shall also be filed by the public officer in the office of the county clerk or register of deeds and mortgages, as the case may be, of the county wherein the property is situated. This filing shall have the same force and effect as a notice of lis pendens under N.J.S.A. 2A:15-6. The notice shall be indexed by the name of the property owner as defendant and the name of the City of Lambertville as plaintiff, as though an action had been commenced by the City of Lambertville against the owner.
d.
The City of Lambertville may add properties to the abandoned property list at any time, and may delete properties at any time when the public officer finds that the property no longer meets the definition of an abandoned property. An interested party may request that a property be included on the abandoned property list following that procedure set forth in Subsection 4-17.28.
[Added 10-21-2021 by Ord.
No. 21-2021]
Except as provided in Subsection 4-17.5, any property that has not been legally occupied for a period of six months and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the public officer that:
a.
The property is in need of rehabilitation in the reasonable judgment
of the public officer, and no rehabilitation has taken place during
that six-month period;
b.
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 as of the
date of a determination by the public officer pursuant to this section;
c.
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes as of the date of a determination by the public officer pursuant to this section; or
d.
The property has been determined to be a nuisance by the public officer in accordance with Subsection 4-17.5.
|
A property which contains both residential and non-residential
space may be considered abandoned pursuant the criteria set forth
in this chapter so long as two-thirds 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 public officer and the property meets the criteria of either
paragraph a or d of this subsection.
|
[Added 10-21-2021 by Ord.
No. 21-2021]
A property may be determined to be a nuisance if:
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 City of Lambertville
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; or
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.
|
The public officer who determines a property to be a nuisance
pursuant to paragraphs b through e of this subsection shall follow
the notification procedures set forth in N.J.S.A. 40:48-2.3 et seq.
|
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
If an entity other than the City of Lambertville has purchased or
taken assignment from the City of Lambertville 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 deemed abandoned and placed on
the abandoned property if: (1) the owner of the certificate has continued
to pay all municipal taxes and liens on the property in the tax year
when due; 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 the provisions of N.J.S.A. 54:5-86, as
appropriate, and diligently pursues foreclosure proceedings in a timely
fashion thereafter.
b.
A property which is used on a seasonal basis shall be deemed to be abandoned only if the property meets any two of the additional criteria set forth in Subsection 4-17.4.
c.
A determination that a property is abandoned property under the provisions
of this chapter 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 N.J.S.A. 54:5-86, the public officer or the tax collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of abandoned property according to the criteria set forth in Subsections 4-17.4 and 4-17.5.
[Added 10-21-2021 by Ord.
No. 21-2021]
A summary action or otherwise to transfer possession and control of abandoned property in need of rehabilitation to the City of Lambertville may be brought by the City of Lambertville or its designee in the Superior Court Law Division. If the court shall find that the property is abandoned pursuant to the provisions of Subsection 4-17.4 and the owner or party in interest has failed to submit and initiate a rehabilitation plan, then the Court may authorize the City of Lambertville to take possession and control of the property and develop a rehabilitation plan.
Upon the court granting possession and control of the property to the City of Lambertville, the City may thereafter commence and maintain those further proceedings for the conservation, protection or disposal of the property or any part thereof that are required to rehabilitate the property, necessary to 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 of the property as provided in Subsection 4-17.16.
Failure by the owner, mortgage holder or lien holder to submit
plans for rehabilitation to the City of Lambertville, or to obtain
appropriate construction permits for rehabilitation or, in the alternative,
submit formal applications for funding the cost of rehabilitation
to local, state or federal agencies providing such funding within
that six-month period shall be deemed prima facie evidence that the
owner has failed to take any action to further the rehabilitation
of the property.
[Added 10-21-2021 by Ord.
No. 21-2021]
A complaint filed pursuant to Subsection 4-17.7 shall include the following:
a.
Documentation that the property is on the City of Lambertville abandoned
property list or a certification by the public officer that the property
is abandoned; and
b.
A statement by an individual holding appropriate professional qualifications
that there are sound reasons that the building should be rehabilitated
rather than demolished based upon the physical, aesthetic or historical
character of the building or the relationship of the building to other
buildings and lands within its immediate vicinity.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
Within 10 days of filing a complaint pursuant to the provisions of
this chapter, the plaintiff shall file a notice of lis pendens with
the county recording officer of the county within which the building
is located.
b.
At least 30 days before filing the complaint, the City of Lambertville shall serve a notice of intention to take possession of an abandoned building. The notice shall inform the owner and interested parties that the property has not been legally occupied for six months and of those criteria that led to a determination of abandonment pursuant to Subsection 4-17.4.
c.
The notice shall provide that unless the owner or a party in interest prepares and submits a rehabilitation plan to the appropriate City of Lambertville officials, the City of Lambertville or its designee will seek to gain possession of the building to rehabilitate the property and the associated cost shall be a lien against the property, which may be satisfied by the sale of the property, unless the owner applies to the court for reinstatement of control of the property as provided in Subsection 4-17.16. After the complaint is filed, the complaint shall be served on the parties in interest in accordance with the New Jersey Rules of Court.
d.
After serving the notice of intent pursuant to paragraph b of this subsection, the City of Lambertville or its designee may enter upon that property after written notice to the owner by certified mail, return receipt requested, in order to secure, stabilize or repair the property, or in order to inspect the property for purposes of preparing the plan to be submitted to the court pursuant to Subsection 4-17.12.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
Any owner may defend against a complaint filed pursuant to Subsection 4-17.7 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 public officer or the court to be the projected cost of rehabilitation. 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.
b.
A plan submitted by an owner pursuant to this section shall include,
but not be limited to the following:
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.
c.
Approval of Plan.
1.
The court may approve any plan that, in the judgment of the court,
is realistic and likely to result in the expeditious rehabilitation
and reuse of the property which is the subject of the complaint.
2.
If the court approves the owner's plan, then it may appoint the public
officer to act as monitor of the owner's compliance. If the owner
fails to carry out any step in the approved plan, then the City of
Lambertville may apply to the court to have the owner's bond forfeited,
possession of the building transferred to the City of Lambertville
to complete the rehabilitation plan and authorization to use the bond
proceeds for rehabilitation of the property.
3.
The owner shall provide quarterly reports to the City of Lambertville
on its activities and progress toward rehabilitation and reuse of
the property. The owner shall provide those reports to the court on
its activities that the court determines are necessary.
d.
The court may reject a plan and bond if it finds that the plan does
not represent a realistic and expeditious means of ensuring the rehabilitation
of the property or that the owner or his representatives or agents,
or both, lack the qualifications, background or other criteria necessary
to ensure that the plan will be carried out successfully.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
If an owner is unsuccessful in defending against a complaint filed pursuant to Subsection 4-17.7, the mortgage holder or lien holder 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 Subsection 4-17.10. The plan shall be submitted within 60 days after the court has rejected 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 lien holder's plan, it shall designate that party to be in possession of the property for purposes of ensuring its rehabilitation and reuse and may appoint the public officer to act as monitor of the party's compliance.
b.
The mortgage holder or lien holder, as the case may be, shall provide
quarterly reports to the court and the City of Lambertville on its
activities and progress toward rehabilitation and reuse of the property.
c.
If the mortgage holder or lien holder fails to carry out any material
step in the approved plan, then the public officer shall notify the
court, which may order the bond forfeit, grant the City of Lambertville
possession of the property, and authorize the City of Lambertville
to use the proceeds of the bond for rehabilitation of the property.
d.
Any sums incurred or advanced for the purpose of rehabilitating the
property by a mortgage holder or lien holder granted possession of
a property pursuant to subsection A of this section, including court
costs and reasonable attorney's fees, may be added to the unpaid balance
due that mortgage holder or lien holder, with interest calculated
at the same rate set forth in the note or security agreement; or,
in the case of a tax lien holder, at the statutory interest rate for
subsequent liens.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
Pursuant to the provisions of N.J.S.A. 55:19-89, if no mortgage holder or lienholder meets the conditions of Subsection 4-17.11, then the City of Lambertville shall submit a plan to the court which conforms with the provisions of Subsection 4-17.10. The plan shall designate the entity which shall implement the plan, which may be the City of Lambertville or that entity designated in accordance with the provisions of Subsection 4-17.13.
b.
The court may grant the City of Lambertville possession of the property
if it finds that:
1.
The proposed rehabilitation and reuse of the property is appropriate
and beneficial;
2.
The City of Lambertville is qualified to undertake the rehabilitation
and reuse of the property; and
3.
The plan submitted by the City of Lambertville represents a realistic
and timely plan for the rehabilitation and reuse of the property.
c.
The City of Lambertville shall take all steps necessary and appropriate
to further the rehabilitation and reuse of the property consistent
with the plan submitted to the court. In making its findings pursuant
to this section, the court may consult with qualified parties, including
the department of community affairs, and, upon request by a party
in interest, may hold a hearing on the plan.
d.
Where either a redevelopment plan, pursuant to N.J.S.A. 40A:12A-1
et seq., or a neighborhood revitalization plan, pursuant to N.J.S.A.
52:27D-490, et seq., has been adopted or approved by the department
of community affairs, as appropriate, encompassing the property which
is the subject of a complaint, the court may make a further finding
that the proposed rehabilitation and reuse of the property are not
inconsistent with any provision of either plan.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
The City of Lambertville may exercise its rights under the provisions
of this chapter, directly, or may designate a qualified rehabilitation
entity to act as its designee for the purpose of exercising its rights
where that designation will further the rehabilitation and reuse of
the property consistent with municipal plans and objectives. This
designation shall be made by the mayor of the City of Lambertville,
who may delegate this authority to the public officer.
b.
Regardless of whether the City of Lambertville exercises its rights
directly or designates a qualified rehabilitation entity pursuant
to this section, while in possession of a property pursuant to the
provisions of this chapter, the City of Lambertville shall maintain,
safeguard, and maintain insurance on the property. Notwithstanding
the City of Lambertville's possession of the property, nothing in
this chapter shall be deemed to relieve the owner of the property
of any civil or criminal liability or any duty imposed by reason of
acts or omissions of the owner.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
If the City of Lambertville has been granted possession of a property pursuant to Subsection 4-17.12, the City shall be deemed to have an ownership interest in the property for the purpose of filing plans with public agencies and boards, seeking and obtaining construction permits and other approvals, and submitting applications for financing or other assistance to public or private entities.
For the purposes of any state program of grants or loans, including
but not limited to programs of the department of community affairs
and the New Jersey Housing and Mortgage Finance Agency, possession
of a property under this section shall be considered legal control
of the property.
Notwithstanding the granting of possession to the City of Lambertville,
nothing in this chapter shall be deemed to relieve the owner of the
property of any obligation the owner or any other person may have
for the payment of taxes or other municipal liens and charges, or
mortgages or liens to any party, whether those taxes, charges or liens
are incurred before or after the granting of possession.
The granting of possession shall not suspend any obligation
the owner may have as of the date of the granting of possession for
payment of any operating or maintenance expense associated with the
property, whether or not billed at the time of the granting of possession.
b.
Pursuant to the provisions of N.J.S.A. 55:19-91, the court may approve
the borrowing of funds by the City of Lambertville to rehabilitate
the property and may grant a lien or security interest with priority
over all other liens or mortgages other than municipal liens. Pursuant
to the provisions of N.J.S.A. 55:19-91, prior to granting this lien
priority, the court may find the following:
1.
That the City of Lambertville sought to obtain the necessary financing
from the senior lienholder, which declined to provide such financing
on reasonable terms;
2.
That the City of Lambertville sought to obtain a voluntary subordination
from the senior lienholder, which refused to provide such subordination;
3.
That lien priority is necessary in order to induce another lender
to provide financing on reasonable terms;
4.
Pursuant to the provisions of N.J.S.A. 55:19-91, no lien authorized
by the court shall take effect unless recorded in the Hunterdon County
Clerk's Office. For the purposes of this section, the cost of rehabilitation
shall include reasonable non-construction costs, including, but not
limited to legal fees, engineering fees, architectural fees or construction
permit fees customarily included in the financing of the rehabilitation
of residential property.
c.
Pursuant to the provisions of N.J.S.A. 55:19-91, where the City of
Lambertville has been granted possession by the court in its name,
the City of Lambertville may seek the approval of the court to assign
its rights to another entity, which approval may be granted by the
court when it finds that: (1) the entity to which the City of Lambertville's
rights will be assigned is a qualified rehabilitation entity; and
(2) the assignment will further the purposes of this section.
d.
Pursuant to the provisions of N.J.S.A. 55:19-91, where the City of
Lambertville has designated a qualified rehabilitation entity to act
on its behalf, the qualified rehabilitation entity shall provide quarterly
reports to the City of Lambertville on its activities and progress
toward rehabilitation and reuse of the property. The City of Lambertville
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 City of Lambertville 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
the City of Lambertville to designate another qualified rehabilitation
entity to exercise its rights, or if the City of Lambertville fails
to do so, may terminate the order of possession and return the property
to its owner.
e.
Pursuant to the provisions of N.J.S.A. 55:19-91, the City of Lambertville
shall file a notice of completion with the court, and shall also serve
a copy on the owner and any mortgage holder or lien holder, at such
time as the City of Lambertville 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 public
officer attesting that rehabilitation can realistically be anticipated
to be complete within that time period, and a statement setting forth
such actions as it plans to undertake to ensure that reuse of the
property takes place consistent with the plan.
[Added 10-21-2021 by Ord.
No. 21-2021]
Pursuant to the provisions of N.J.S.A. 55:19-92, an owner may
petition for reinstatement of the owner's control and possession of
the property at any time after one year from the grant of possession,
but no later than 30 days after the City of Lambertville 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 City of Lambertville has filed notice.
Pursuant to the provisions of N.J.S.A. 55:19-92, 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 City of Lambertville, or affect any of the terms or
conditions under which the City of Lambertville has applied for or
received financing for the rehabilitation of the property.
[Added 10-21-2021 by Ord.
No. 21-2021]
Any petition for reinstatement of the owner's control and possession of the property filed pursuant to Subsection 4-17.16 of this section shall:
a.
Include a plan for completion of the rehabilitation and reuse of
the property consistent with the plan previously approved by the court;
b.
Provide legally binding assurances that the owner will comply with
all conditions of any grant or loan secured by the City of Lambertville
or repay those grants or loans in full, at the discretion of the maker
of the loan or grant; and
c.
Be accompanied by payment equal to the sum of (1) all municipal liens
outstanding on the property; (2) all costs incurred by the City of
Lambertville in bringing action with respect to the property; (3)
any costs incurred by the City of Lambertville not covered by grants
or loans to be assumed or repaid pursuant to this section; and (4)
any costs remaining to complete rehabilitation and reuse of the property,
as determined by the public officer, which payment shall be placed
in escrow with the clerk of the court pending disposition of the petition.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
Prior to the granting of a petition on the part of the owner by the court pursuant to Subsection 4-17.16, pursuant to the provisions of N.J.S.A. 55:19-94, the owner may be required to post a bond or other security in an amount determined by the court, after consultation with the public officer, as likely to ensure that the owner will continue to maintain the property in sound condition. That bond or other security shall be made available to the City of Lambertville to make any repair on the property in the event of a code violation which is not corrected in timely fashion by the owner. The bond or other security may be forfeited in full in the event that the owner fails to comply with any requirement imposed as a condition of the reinstatement petition filed pursuant to Subsection 4-17.16.
b.
Pursuant to the provisions of N.J.S.A. 55:19-94, the owner may seek
approval of the court to be relieved of this requirement after five
years, which shall be granted if the court finds that the owner has
maintained the property in good repair during that period, that no
material violations affecting the health and safety of the tenants
have occurred during that period, and that the owner has remedied
other violations in a timely and expeditious fashion.
[Added 10-21-2021 by Ord.
No. 21-2021]
Pursuant to the provisions of N.J.S.A. 55:19-95, if the owner fails to petition for the reinstatement of control and possession of the property within 30 days after the entity in possession 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 filed pursuant to Subsection 4-17.16, upon petition from the entity in possession, the court may grant the City of Lambertville title or authorize the City of Lambertville to sell the property, subject to the provisions of Subsection 4-17.20.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
Pursuant to the provisions of N.J.S.A. 55:19-96, where the City of
Lambertville 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.
b.
The court may authorize the City of Lambertville 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 Subsection 4-17.21.
c.
The City of Lambertville may seek approval of the court to sell the
property to a third party when the court finds that such conveyance
will further the effective and timely rehabilitation and reuse of
the property.
d.
Upon approval by the court the City of Lambertville 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 may order a distribution of the proceeds of sale after paying court costs in the order of priority set forth in Subsection 4-17.21.
[Added 10-21-2021 by Ord.
No. 21-2021]
The proceeds paid pursuant to Subsection 4-17.20 shall be distributed in the following order of priority:
a.
The costs and expenses of sale;
b.
Other governmental liens;
c.
Repayment of principal and interest on any borrowing or indebtedness incurred by the City of Lambertville and granted priority lien status pursuant to Subsection 4-17.22.
d.
A reasonable development fee to the City of Lambertville consistent
with the standards for development fees established for rehabilitation
programs by the New Jersey Department of Community Affairs or the
New Jersey Housing and Mortgage Finance Agency;
e.
Other valid liens and security interests, in accordance with their
priority; and
f.
The owner.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
Pursuant to the provisions of N.J.S.A. 55:19-98, the public officer,
with the approval of the court, may place a lien on the property to
cover any costs of the City of Lambertville in connection with a proceeding
under the provisions of this chapter incurred prior to the grant by
the court of an order of possession under this chapter, 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 municipal lien for the purposes of N.J.S.A.
54:5-9 with the rights and status of a municipal lien pursuant thereto.
b.
With the exception of the holding of special tax sales pursuant to Subsection 4-17.25 of this section, the remedies available under this chapter shall be available to the City of Lambertville with respect to any abandoned property, whether or not the City of Lambertville has established an abandoned property list as provided in N.J.S.A. 55:19-55 and whether or not the property has been included on any such list.
[Added 10-21-2021 by Ord.
No. 21-2021]
Notwithstanding any provision to the contrary in this section,
pursuant to the provisions of N.J.S.A. 55:19-99, a court may, in its
discretion, deny a lienholder or mortgage holder of any or all rights
or remedies afforded lienholders and mortgage holders under the provisions
of this section if the court finds that the owner of a property subject
to any of the provisions of this section owns or controls more than
a 50% interest in, or effective control of, the lienholder or mortgage
holder, or that the familial or business relationship between the
lienholder or mortgage holder and the owner precludes a separate interest
on the part of the lienholder or mortgage holder.
[Added 10-21-2021 by Ord.
No. 21-2021]
With respect to any lien placed against any real property pursuant
to the provisions of N.J.S.A. 40:48-2.3 or N.J.S.A. 40:48-2.5, or
N.J.S.A. 40:48-2.3a, or any receiver's lien pursuant to N.J.S.A. 2A:42-114,
et al., the City of Lambertville shall have recourse with respect
to the lien against any asset of the owner of the property if an individual,
against any asset of any partner if a partnership, and against any
asset of any owner of a 10% interest or greater if the owner is any
other business organization or entity recognized pursuant to law.
[Added 10-21-2021 by Ord.
No. 21-2021]
The City of Lambertville 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 an abandoned property list established by the City
of Lambertville pursuant to section N.J.S.A. 55:19-55. Any such special
tax sale shall be subject to the following provisions:
a.
The City of Lambertville shall establish criteria for eligibility
to bid on properties at the sale, which may include, but shall not
be limited to: documentation of the bidder's ability to rehabilitate
or otherwise reuse the property consistent with municipal plans and
regulations; commitments by the bidder to rehabilitate or otherwise
reuse the property, consistent with municipal plans and regulations;
commitments by the bidder to take action to foreclose on the tax lien
by a date certain; and such other criteria as the City of Lambertville
may determine are necessary to ensure that the properties to be sold
will be rehabilitated or otherwise reused in a manner consistent with
the public interest;
b.
The City of Lambertville may establish minimum bid requirements for
a special tax sale that may be less than the full amount of the taxes,
interest and penalties due, the amount of such minimum bid to be at
the sole discretion of the City of Lambertville, in order to ensure
that the properties to be sold will be rehabilitated or otherwise
reused in a manner consistent with the public interest;
c.
The City of Lambertville may combine properties into bid packages,
and require that bidders place a single bid on each package, and reject
any and all bids on individual properties that have been included
in bid packages;
d.
The City of Lambertville may sell properties subject to provisions
that, if the purchaser fails to carry out any commitment that has
been set forth as a condition of sale pursuant to subsection A of
this section 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 City of Lambertville, and any amount paid by the
purchaser to the City of Lambertville at the special tax sale shall
be forfeited to the City of Lambertville;
e.
In the event there are two or more qualified bidders for any property
or bid package in a special tax sale, the City of Lambertville may
designate the unsuccessful but qualified bidder whose bid was closest
to the successful bid as an eligible purchaser;
f.
In the event that the purchaser of that property or bid package fails
to meet any of the conditions of sale established by the City of Lambertville
pursuant to this section, and their interest in the property or properties
reverts to the City of Lambertville, the City of Lambertville 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 City of Lambertville 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 City of Lambertville pursuant to
paragraphs b, c or d of this subsection. Nothing herein shall prohibit
the City of Lambertville from holding a special tax sale on the same
day as a standard or accelerated tax sale.
[Added 10-21-2021 by Ord.
No. 21-2021]
With respect to any eminent domain proceeding carried out under
N.J.S.A. 55:19-56, the fair market value of the property shall be
established on the basis of an analysis which determines independently:
a.
The cost to rehabilitate and reuse the property for such purpose
as is appropriate under existing planning and zoning regulations governing
its reuse or to demolish the existing property and construct a new
building on the site, including all costs ancillary to rehabilitation
such as, but not limited to, marketing and legal costs;
b.
The realistic market value of the reused property after rehabilitation
or new construction, taking into account the market conditions particular
to the neighborhood of the City of Lambertville in which the property
is located; and
c.
The extent to which the cost exceeds or does not exceed the market
value after rehabilitation, or demolition and new construction, and
the extent to which any "as is" value of the property prior to rehabilitation
can be added to the cost of rehabilitation or demolition and new construction
without the resulting combined cost exceeding the market value as
separately determined. If the appraisal finds that the cost of rehabilitation
or demolition and new construction, as appropriate, exceeds the realistic
market value after rehabilitation or demolition and new construction,
there shall be a rebuttable presumption in all proceedings under this
subsection that the fair market value of the abandoned property is
zero, and that no compensation is due the owner.
[Added 10-21-2021 by Ord.
No. 21-2021]
If a property, which an entity other than the City of Lambertville
has purchased or taken assignment from the City of Lambertville of
a tax sale certificate, is placed on the abandoned property list,
the property shall be removed from the list if the owner of the certificate
pays all municipal taxes and liens due on the property within 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.
[Added 10-21-2021 by Ord.
No. 21-2021]
a.
Any interested party may submit in writing a request to the public
officer that a property be included on the abandoned property list
prepared pursuant to N.J.S.A. 55:19-55, specifying 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 public officer shall provide a written response to the party,
either indicating that the property will be added to the list of abandoned
properties or, if not, the reasons for not adding the property to
the list. For the purposes of this section, "interested party" shall
include any resident of the City of Lambertville, any owner or operator
of a business within the City of Lambertville or any organization
representing the interests of residents or engaged in furthering the
revitalization and improvement of the neighborhood in which the property
is located.
b.
Any interested party may participate in any redetermination hearing
held by the public officer pursuant to N.J.S.A. 55:19-55. Upon written
request by any interested party, the public officer shall provide
the party with at least 20 days' notice of any such hearing. The party
shall provide the public officer 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.
