[See Chapter 18, Streets and Sidewalks, for provisions regarding removal of snow, ice and street and sidewalk obstructions.]
[Ord. No. 08-11 § 19-1]
This section regulates and governs the conditions and maintenance
of all property, buildings and structures; by providing the standards
for supplied utilities and facilities and other physical things and
conditions essential to ensure that structures are safe, sanitary
and fit for occupation and use; and the condemnation of buildings
and structures unfit for human occupancy and use, and the demolition
of such existing structures in the Borough of Pitman; and providing
for the issuance of permits and collection of fees.
[Ord. No. 08-11 § 19-2]
The 2003 International Property Maintenance Code, and as may
be amended subsequent thereto, is hereby accepted, adopted and established
as a standard to be used as a guide in determining whether dwellings
and buildings in this Borough are safe, sanitary and fit for human
habitation and/or rental. The 2003 edition of the International Property
Maintenance Code is intended to be the successor Property Maintenance
Code to those Codes previously developed by BOCA, and adopted by the
Borough. At least three copies of the 2003 International Property
Maintenance Code, and any amendments subsequent thereto, have been
placed on file in the Office of the Borough Clerk and are available
for inspections to all persons desiring to use and examine.
[Ord. No. 08-11 § 19-3]
The 2003 International Property Maintenance Code is hereby amended
and revised as follows:
a.
The following shall be added to § 101.1 entitled "Title":
Borough of Pitman.
b.
The following shall be added § 103.5 entitled "Fees": N/A
c.
The following shall be added to § 304.14 entitled "Insect
Screens": May 1 to October 1.
d.
The following shall be added to § 602.3 entitled "Heat
Supply": October 1 to May 1.
e.
The following shall be added to § 602.4 entitled "Occupiable
Work Spaces": October 1 to May 1.
[Ord. No. 08-11 § 19-4;
New]
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violation shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a Summons
in a prosecution, or in any other official manner, that person is
committing a violation, each day's continuance of such violation after
such notification shall constitute a separate offense, punishable
by a like fine or penalty.
[Ord. No. 08-11 § 19-5;
New]
The Borough's Code Enforcement Officer and any other person
authorized by the Borough is hereby designated as the officer(s) to
exercise the powers prescribed by this section.
[1967 Code § 4-14]
No person owning or controlling property at or near an intersection
shall erect or maintain any fence, hedge, tree, shrub or other growth
which may cause danger to traffic in a street or public road by obscuring
the view, at a height greater than three feet above the curb level
within the area of "clear sight triangle" as defined in the zoning
chapter.
[New]
If the owner or operator of any lands in the Borough shall fail
or refuse or neglect to remedy any identifies deficiency within 10
days after notice to remove the same in the manner and within the
time provided, the Code Enforcement Officer may, in addition to such
other remedies provided herein, refer the matter to the Borough Council
with recommendation for removal by the Borough. In such cases the
Public Works Superintendent shall certify the cost thereof to the
Borough Council which shall examine the certificate and, if found
correct and reasonable, shall, by resolution approve the costs shown
thereon to be charged against said lands. The amount so charged shall
become a lien upon such lands and shall be added to and be a part
of the taxes next assessed and levied upon such lands; the same to
bear interest at the same rate as taxes and shall be collected and
enforced in the same manner as are other taxes.
[1967 Code § 8-4.1]
The purpose of this section is to provide for public safety,
convenience and general welfare of the Borough by establishing regulations
and procedure to ensure that overhanging limbs and trees overhanging
from the curbline into the street be trimmed to a minimum height of
12 feet to allow clearance of certain municipal vehicles and the maintenance
of the streets within the Borough and to provide an adequate area
of space for circulation of utilities and equipment in those streets.
[1967 Code § 8-4.2]
Any owner of land within or partly within the Borough, having
any tree or limb overhanging the curb of any street, shall be responsible
for the removal of such limbs and overhanging growth to a minimum
height of 12 feet from the curb to provide for the passage of Borough
street cleaning equipment.
[New]
If the owner or operator of any lands in the Borough shall fail
or refuse or neglect to remedy any identifies deficiency within 10
days after notice to remove the same in the manner and within the
time provided, the Code Enforcement Officer may, in addition to such
other remedies provided herein, refer the matter to the Borough Council
with recommendation for removal by the Borough. In such cases the
Public Works Superintendent shall certify the cost thereof to the
Borough Council which shall examine the certificate and, if found
correct and reasonable, shall, by resolution approve the costs shown
thereon to be charged against said lands. The amount so charged shall
become a lien upon such lands and shall be added to and be a part
of the taxes next assessed and levied upon such lands; the same to
bear interest at the same rate as taxes and shall be collected and
enforced in the same manner as are other taxes.
[1967 Code § 4-7.1; Ord. No. 14-2014]
No owner, tenant or occupant, or any agent, servant, representative
or employee of such owner, tenant or occupant, of any occupied or
unoccupied lot or land, or part or parts thereof, in the Borough of
Pitman, shall permit or maintain thereon:
a.
Any brush, weeds, dead or dying trees, where they constitute a safety
hazard, stumps, roots, obnoxious growths, filth, garbage, trash, debris
or junk; or
b.
For a period of more than one month, any motor vehicle in nonoperative
condition; or
c.
Refuse or debris resulting from construction activities or the demolishing
of a building or buildings for a period of more than one month after
completion of the construction or demolition.
d.
Grass or weeds of a height of more than eight inches (8").
[1967 Code § 4-7.2; Ord. No. 13-2018]
Upon complaint of any resident, or any officer or employee of
the Borough, of any violation of this section, or upon his own motion,
the Health Officer, Construction Official, Building or Subcode Official,
or the Code Enforcement Officer, as the case may be, or his designated
agent, shall make an investigation of the conditions indicated in
the complaint and report thereon in writing to the Borough Clerk.
If the report indicates a violation of this section, the Borough Clerk
shall notify in writing, either personally or by registered mail,
the owner, tenant or person in possession of such lot or land where
the violation is in effect, to remove or remedy such violation within
10 days after receipt of notice.
Such notification shall inform the owner, tenant, or person in possession of such lot or land where the violation is in effect that failure to remedy such violation within 10 days after of receipt of notice will cause the Borough to abate and remedy the violation, as indicated in 19-4.3. Such notification shall further inform the owner, tenant, or person in possession of such lot or land where the violation is in effect that their property shall be included on the list of regularly maintained properties, as indicated in section 19-4.4, and that there will be no further notification from the Borough before any violations of this section are abated and remedied and such costs charged against the lot or land.
[1967 Code § 4-7.3; Ord. No. 13-2018]
If the owner, tenant or person in charge to whom notice of violation
of this section is sent, neglects or refuses to abate or remedy the
violation within 10 days after notice thereof, the Health Officer,
Construction Official or Building Subcode Official, or the Code Enforcement
Officer, or their designated agent, shall cause the violation to be
abated and remedied and certify the cost thereof to the Borough Council
which, after examination of the certificate and determination of its
accuracy, shall cause the cost thereon to be charged against the lot
or land on which the violation exists. The amount so charged shall
become a lien upon the lot or land and shall be added to and become
and form part of the taxes next to be assessed and levied upon the
lot or land, the amount to bear interest at the same rate as taxes
and to be collected and enforced by the same officers responsible
for the collection of taxes and the same manner as taxes.
[Ord. No. 13-2018]
The Health Officer, Construction Official or Building Subcode Official, or the Code Enforcement Officer, or their designated agent, shall maintain a list of properties where any violation of this section was abated and remedied as indicated in section 19-4.3. Thereafter, with no further notification to the owner, tenant, or person in possession of such lot or land where the violation is in effect, the Health Officer, Construction Official or Building Subcode Official, or the Code Enforcement Officer, or their designated agent shall, on a regularly recurring basis, cause the violation to be abated and remedied and certify the cost thereof to the Borough Council which, after examination of the certificate and determination of its accuracy, shall cause the cost thereon to be charged against the lot or land on which the violation exists. The amount so charged shall become a lien upon the lot or land and shall be added to and become and form part of the taxes next to be assessed and levied upon the lot or land, the amount to bear interest at the same rate as taxes and to be collected and enforced by the same officers responsible for the collection of taxes and the same manner as taxes.
Such regular and recurring maintenance shall continue throughout
the calendar year, or until the owner, tenant, or person in possession
of such lot or land where the violation is in effect notifies the
Borough Clerk in writing that henceforth they will maintain their
lot or land in accordance with this section.
[1967 Code § 4-7.4; New; Ord. No.
13-2018]
[1]
Editor's Note: Prior ordinance history: Ordinance No. 12-2013.
[Ord. No. 24-2014]
As used in this Chapter, the following terms shall have the
meanings indicated:
Pursuant to N.J.S.A. 55:19-81, an abandoned property is defined
as follows:
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 Enforcement Officer that:
The property is in need of rehabilitation in the reasonable
judgment of the Enforcement Officer, and no rehabilitation has taken
place during that six-month period;
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 Enforcement Officer pursuant to
this section;
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 of the date of the determination by the Enforcement Officer pursuant to this section;
Any building or structure which is not legally occupied or at
which all lawful business or construction operations or renovation
work or residential occupancy has substantially ceased, and which
is in such condition that it cannot legally be reoccupied without
repair or rehabilitation, and/or the property has been determined
to be a nuisance by the Enforcement Officer in accordance with N.J.S.A.
55:19-82. A property which contains both residential and non-residential
space may be considered abandoned pursuant to N.J.S.A. 55:19-78, et
seq. so long as two-thirds or more of the total net square footage
of the building was previously legally occupied as residential or
commercial space and none of the residential or commercial space has
been legally occupied for at least six months at the time of the determination
of abandonment by the Enforcement Officer and the property meets the
criteria of either subsection a or subsection d of this section.
Shall mean any Creditor (including out-of-State Creditors)
including but not limited to, service companies, lenders in a mortgage
agreement and any agent, servant or employee of the mortgagee, or
any successor in interest and/or assignee of the mortgagee's rights,
interests or obligations under a mortgage or mortgage note.
Shall mean the Borough's Code Enforcement Officer.
Shall mean any of the following actions taken by a lienholder
or mortgage holder or mortgagee:
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant and/or abandoned
property, any foreclosing entity that has filed a notice with the
Municipal Clerk pursuant to the provisions of N.J.S.A. 46:10B-51,
or any other entity determined by the Borough of Pitman to have authority
to act with respect to the property.
Shall mean any building or structure which is not legally
occupied or at which all lawful business or construction operations
or renovation work or occupancy have substantially ceased, and which
is in such condition that it cannot legally be re-occupied without
repair or rehabilitation, including but not limited to any property
meeting the definition of abandoned property in N.J.S.A. 55:19-81
or any two of the conditions defined in N.J.S.A. 2A:50-73 exist; provided,
however, that any property where all building systems are in working
order, where the building and grounds are maintained in good order,
or where the building is in a habitable condition, and where the building
is being actively marketed by its owner or Creditor for sale or rental,
shall not be deemed a vacant property for purposes of this section.
[Ord. No. 24-2014]
The owner and/or Creditor of any abandoned or vacant property
as defined herein shall:
a.
Within 30 calendar days after the building becomes vacant property;
or
b.
Within 30 calendar days after assuming ownership of the vacant property,
whichever is later; or
c.
Within 30 calendar days of receipt of notice by the municipality,
file a registration statement for such vacant property with the Code
Enforcement Office on forms provided by the Borough for such purposes
in the manner set forth below. Failure to receive notice by the municipality
shall not constitute grounds for failing to register the property.
1.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
2.
The registration statement shall include the name, street address,
telephone number, and e-mail address of a person 21 years of age or
older, designated by the owner or Creditor or owners or Creditors
as the authorized agent for receiving notices of Borough Code violations
and for receiving process in any court proceeding or administrative
enforcement proceeding on behalf of such owner or owners or Creditors
in connection with the enforcement of any applicable code; and the
name, street address, telephone number, and e-mail address of the
firm and the actual name(s) of the firm's individual principal(s)
responsible for maintaining the property. The individual or a representative
of the firm responsible for maintaining the property shall be available
by telephone or in person on a 24-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.
3.
The registration shall remain valid for one year from the date of registration, except the initial registration, for the fee prescribed in subsection 19-5.7 for each vacant property registered.
4.
If the registration fee is not paid within 30 days of notification, a lien will be placed on the property for the amount prescribed in subsection 19-5.7.
5.
The owner or Creditor shall notify the Enforcement Officer within
30 calendar days of any change in the registration information by
filing an amended registration statement on a form provided by the
Borough for such purpose.
6.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner, owners
or Creditor of the building.
8.
The registration statement may include any additional information
that the Enforcement Officer may reasonably require.
9.
If after 30 calendar days, there is no progress taken to address
the Borough Code violations at the vacant property; taxes are unpaid
for one quarter and the water and sewer charges, if applicable, are
also delinquent for one quarter, the Borough may commence condemnation
proceedings to either demolish the structure and or take title to
the property to satisfy the Borough's liens and expenses.
[Ord. No. 24-2014]
The owner and/or Creditor of any vacant property registered
under this Chapter shall provide access to the Borough to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the property owner
or Creditor or the designated agent. Such inspections shall be carried
out on weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such
other time as may be mutually agreed upon between the owner or Creditor
and the Borough.
[Ord. No. 24-2014]
a.
An owner or Creditor who meets the requirements of this Chapter with
respect to the location of his or her residence or workplace in the
State of New Jersey may designate him or herself as agent or as the
individual responsible for maintaining the property.
b.
By designating an authorized agent under the provisions of this section
the owner or Creditor consents to receive any and all notices of Borough
Code violations concerning the registered vacant property and all
process in any court proceeding or administrative enforcement proceeding
brought to enforce Borough Code provisions concerning the registered
building by service of the notice or process on the authorized agent.
Any owner or Creditor who has designated an authorized agent under
the provisions of this section shall be deemed to consent to the continuation
of the agent's designation for the purposes of this section until
the owner or Creditor notifies the Borough of Pitman in writing of
a change of authorized agent or until the owner or Creditor files
a new annual registration statement.
c.
Any owner or Creditor who fails to register a vacant property under the provisions of this Chapter shall further be deemed to consent to receive, by posting on the building, in plain view, and by service of notice at the last known address of the owner or Creditor of the property of record with the Borough of Pitman by regular and certified mail, any and all notices of Borough Code violations and all process in an administrative proceeding brought to enforce Borough Code provisions concerning the building and subject to the provisions stated in subsection 19-5.2.
[Ord. No. 24-2014]
The owner or Creditor of any structure that has become vacant
and/or abandoned property, and any person responsible for maintaining
any such building that has become vacant and/or abandoned shall, within
30 calendar days of the structure becoming vacant and/or abandoned,
or within 30 calendar days of the owner or Creditor taking title to
the property, do the following:
a.
Board and secure the structure and all unattached accessory structures,
garages or similar structures as provided for in the applicable codes
of the Borough of Pitman or as set forth in rules and regulations
promulgated by the Construction Code Official.
b.
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, right-of-ways, alleys, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed overgrowth and in compliance with this Chapter 19.
c.
Post a sign affixed and protected from the elements, to the structure
indicating the name, address and telephone number of the owner or
Creditor and the owner's or Creditor's authorized agent for the purpose
of service of process, and the name, address and telephone number
of the entity responsible for maintenance of the property, which may
be the same as the owner or Creditor or authorized agent. The sign
shall include the words "No Trespassing" and "to report problems with
this building, call…", shall be 8 1/2" x 11" in size,
and shall be placed in a location where it is clearly visible from
the nearest public street or sidewalk, whichever is nearer.
d.
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete.
e.
The owner or Creditor of any vacant and/or abandoned property shall
acquire and otherwise maintain liability insurance, in an amount of
not less than $300,000.00 for buildings designed primarily for residential
use, and not less than $1,000,000.00 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 or
property subject to the provisions of the ordinance. Any insurance
policy acquired or renewed after the building has become vacant shall
provide for written notice to the Borough of Pitman Enforcement Officer
within 30 calendar days of any lapse, cancellation or change in coverage.
The owner or Creditor shall attach evidence of the insurance to the
owner's or Creditor's registration statement. Any registration statement
submitted that does not include such evidence shall be deemed to be
an invalid registration.
f.
Correct any violation of this Chapter, including but not limited
to the provision of care, maintenance, security and upkeep of the
exterior of the property, within 30 days of receipt of the violation
notice from the Enforcement Officer; or within 10 days of receipt
of the violation notice if the violation presents an eminent threat
to public health and safety. The issuance of a notice pursuant to
this Chapter shall constitute proof that a property is "vacant and
abandoned" for the purposes of N.J.S.A. 2A:50-73.
[Ord. No. 24-2014]
The Enforcement Officer may issue additional rules and regulations
for the administration of the provisions of this section. Such administratively
promulgated rules and regulations shall be in writing and shall be
provided to the owners or Creditor of properties registered under
this Chapter or their designated agents within 30 calendar days of
their effective date.
[Ord. No. 24-2014]
[Ord. No. 24-2014]
a.
Any owner or in-State Creditor who violates any provision of this
Chapter or of the rules and regulations issued hereunder shall be
subject to a fine of $1,500.00 for each offense. Every day that a
violation continues shall constitute a separate and distinct offense.
Fines assessed under this Chapter shall be recoverable from the owner
or Creditor and shall be a lien on the property as described in N.J.S.A.
55:19-100.
b.
An out-of-State Creditor who violates any provision of this Chapter
or of the Rules and Regulations issued hereunder shall be subject
to a fine of $2,500.00 for each day a separate violation of this Chapter
exists. Fines assessed under this Chapter shall be recoverable from
the owner or Creditor and shall be a lien on the property as described
in N.J.S.A. 55:19-100.
[Added 9-14-2020 by Ord. No. 9-2020]
Notwithstanding any ordinance to the contrary, Fannie Mae, Freddie Mac and any loan servicer acting on their behalf shall be exempt from payment of any registration fee for any property registered under § 19-5 as well from payment of any fines or penalties otherwise permitted to be assessed by § 19-5 or other ordinance that addresses vacant property. Any form used to register a property subject to § 19-5 shall provide a place for Fannie Mae, Freddie Mac or any loan servicer acting on their behalf to indicate their exempt status. Failure to indicate exempt status will not waive the right to claim exempt status but may require the registering party to re-register a property to indicate the exempt status.
[Ord. No. 9-2015]
a.
Preamble. The present mortgage foreclosure crisis has serious negative
implications for all communities trying to manage the consequences
of property vacancies and abandoned real properties. The Borough of
Pitman recognizes an increase in the number of vacancies and abandoned
properties located throughout the Borough. The Borough of Pitman is
challenged to identify and locate owners or foreclosing parties who
can maintain the properties that are in the foreclosure process or
that have been foreclosed. The Borough of Pitman finds that the presence
of vacant and abandoned properties can lead to a decline in property
value, create attractive nuisances and lead to a general decrease
in neighborhood and community aesthetic. The Borough of Pitman has
already adopted property maintenance codes to regulate building standards
for the exterior of structures and the condition of the property as
a whole. The Borough of Pitman desires to amend the Borough's Code
in order to participate in the County-wide registration program established
by Gloucester County and administered by Community Champions Corporation
that will identify a contact person to address safety and aesthetic
concerns to minimize the negative impacts and blighting conditions
that occur as a result of the foreclosures. The Borough of Pitman
has a vested interest in protecting neighborhoods against decay caused
by vacant and abandoned properties and concludes that it is in the
best interests of the health, safety, and welfare of its citizens
and residents to impose registration and certification requirements
on abandoned and vacant properties located within the Borough. Upon
passage, duly noticed public hearings, as required by law will have
been held by the Borough, at which public hearings all residents and
interested persons were given an opportunity to be heard.
b.
Purpose and Intent. It is the purpose and intent of the Borough of
Pitman to establish a process to address the increasing amount of
abandoned, foreclosed or distressed real property located within the
Borough, and to identify, regulate, limit and reduce the number of
abandoned properties located within the Borough. It is the Borough
of Pitman's further intent to participate in the County-wide registration
program established by Gloucester County and administered by Community
Champions Corporation as a mechanism to protect neighborhoods from
becoming blighted due to the lack of adequate maintenance and security
of abandoned and foreclosed properties.
[Ord. No. 9-2015]
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning.
Shall mean any real property located in the Borough of Pitman,
whether vacant or occupied, that is in default on a mortgage, has
had a lis pendens filed against it by the lender holding a mortgage
on the property, is subject to an ongoing foreclosure action by the
lender, is subject to an application for a tax deed or pending tax
assessors lien sale, or has been transferred to the lender under a
deed in lieu of foreclosure. The designation of a property as "abandoned"
shall remain in place until such time as the property is sold or transferred
to a new owner, the foreclosure action has been dismissed, and any
default on the mortgage has been cured.
Shall mean a property that is accessible through a compromised/breached
gate, fence, wall, etc. or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Shall mean to include, but not be limited to, the Borough
of Pitman's Zoning Code, the Borough of Pitman's Code of Ordinances
("Borough Code"), and the New Jersey Building Code.
Shall mean:
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Borough
Code; or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lack maintenance
as required by the Borough Code.
Shall mean any law enforcement officer, Building Official,
Zoning Inspector, Code Enforcement Officer, Fire Inspector or Building
Inspector, or other person authorized by the Borough of Pitman to
enforce the applicable code(s).
Shall mean any person, legal entity or other party having
any ownership interest whether legal or equitable, in real property.
This term shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
Shall mean an owner, agent, local property manager, property
Maintenance Company or similar entity responsible for the maintenance
of abandoned real property.
Shall mean any building or structure that is not legally
occupied.
[Ord. No. 9-2015]
These subsections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Borough of Pitman above and beyond
any other State, County or local provisions for same.
[Ord. No. 9-2015]
Pursuant to the provisions of subsection 19-6.5, the Borough of Pitman or its designee shall participate in the County-wide registration program established by Gloucester County and administered by Community Champions Corporation cataloging each Abandoned Property within the Borough of Pitman, containing the information required by this section.
[Ord. No. 9-2015]
a.
Any mortgagee who holds a mortgage or equity lien on real property
located within the Borough of Pitman shall perform an inspection of
the property to determine vacancy or occupancy, upon default by the
mortgagor. The mortgagee shall, within 10 days of the inspection,
register the property with the Code Enforcement Office, or its designee,
on forms or website access provided by the Borough of Pitman, and
indicate whether the property is vacant or occupied. A separate registration
is required for each property, whether it is found to be vacant or
occupied.
b.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until (1) the mortgagor or
other party remedies the default, or (2) it is found to be vacant
or shows evidence of vacancy at which time it is deemed abandoned,
and the mortgagee shall, within 10 days of that inspection, update
the property registration to a vacancy status on forms provided by
the Borough of Pitman.
c.
Registration pursuant to this section shall contain the name of the
mortgagee and the servicing entity, if any, the direct mailing address
of the mortgagee and the servicing entity, a direct contact name and
telephone number for both parties, facsimile number and e-mail address
for both parties, the folio or tax number, and the name and 24 hour
contact telephone number of the property management company responsible
for the security and maintenance of the property.
d.
A non-refundable annual registration fee in the amount of $500.00 per property, shall accompany the registration form or website registration. On each anniversary date of the initial registration, the owner or mortgagee shall submit a renewal registration and fee in the sum of $500.00 in accordance with this subsection 19-6.5.
e.
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third Party Registration fees are not allowed without
the consent of the municipality and/or its authorized designee.
f.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
g.
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
h.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
i.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this section is a violation of the
section and shall be subject to enforcement.
j.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the Borough of
Pitman may take the necessary action to ensure compliance with and
place a lien on the property for the cost of the work performed to
benefit the property and bring it into compliance.
[Ord. No. 9-2015]
a.
Properties subject to this section shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by Federal, State or local law discarded personal items including,
but not limited to, furniture, clothing, large and small appliances,
printed material or any other items that give the appearance that
the property is abandoned.
b.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
c.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
d.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
e.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
f.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
g.
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or Notice of Violation in accordance with this Chapter 18 and Chapter 19 of the Borough of Pitman's Code. Pursuant to a finding and determination by the Borough's Code Enforcement Officer or a Court of competent jurisdiction, the Borough of Pitman may take the necessary action to ensure compliance with this section.
h.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
[Ord. No. 9-2015]
a.
Properties subject to this section shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
b.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
c.
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this section, and any other applicable laws.
[Ord. No. 9-2015]
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Borough of Pitman.
[Ord. No. 9-2015]
Any person who shall violate the provisions of this section
shall be cited and fined by one or more of the following: imprisonment
in the County jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; or
by a fine not less than $500.00 or exceeding $1,250.00; or by a period
of community service not exceeding 90 days.
Any person who is convicted of violating this section within
one year of the date of a previous violation of the same section,
and who was fined for the previous violation, shall be sentenced by
a Court to an additional fine as a repeat offender. The additional
fine imposed by the Court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of this section, but shall be calculated separately from
the fine imposed for the violation of this section.
[Ord. No. 9-2015]
Adherence to this section does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s).
[Ord. No. 9-2015]
a.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this section is posing a serious threat
to the public health, safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before a Court of competent
jurisdiction as soon as possible to address the conditions of the
property.
b.
The Code Enforcement Officer shall have the authority to require
the mortgagee and/or owner of record of any property affected by this
section, to implement additional maintenance and/or security measure
including, but not limited to, securing any and all doors, windows
or other openings, employment of an on-site security guard or other
measures as may be reasonably required to help prevent further decline
of the property.
c.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Officer may direct the municipality to abate the
violations and charge the mortgagee with the cost of the abatement.
d.
If the mortgagee does not reimburse the Borough of Pitman for the
cost of temporarily securing the property, or of any abatement directed
by the Code Enforcement Board or Special Magistrate, within 30 days
of the Borough sending the mortgagee the invoice, then the Borough
of Pitman may lien the property with such cost, along with an administrative
fee of $500.00 to recover the administrative personnel services.
[Ord. No. 9-2015]
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the Code Enforcement Office in the discharge
of duties as provided in this section shall be punishable as provided
in the applicable code(s) or a Court of competent jurisdiction.
[Ord. No. 9-2015]
Any enforcement officer or any person authorized by the Borough
of Pitman to enforce the subsections here within shall be immune from
prosecution, civil or criminal, for reasonable, good faith entry upon
real property while in the discharge of duties imposed by this section.
a.
This section is adopted pursuant to Subsection a. of N.J.S.A. 40:48-2.12s3 and requires that:
1.
A creditor filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the Borough of Pitman pursuant to Section 17 of N.J.S.A. 46:10B-51 or Section 2 of N.J.S.A. 40:48-2.12s2, register the residential or commercial property with the municipality’s property registration program as a property in foreclosure and, as part of that registration: (a) provide the municipality with the information regarding the creditor required by Paragraph (1) of Subsection a. of Section 17 of or Paragraph (1) of Subsection a. of Section 2 of N.J.S.A. 40:48-2.12s2; (b) identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and (c) identify whether the property is vacant and abandoned in accordance with the definition in the ordinance required by Paragraph a(8) of this subsection;
2.
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 register pursuant to the property registration program
following the filing of the summons and complaint, the creditor shall
update the property registration program within 10 days of the change
in that information;
3.
The
creditor filing a summons and complaint in an action to foreclose
shall, if the registered property becomes vacant and abandoned in
accordance with the definition in the ordinance required by Paragraph
A(8) of this subsection after the property is initially registered
with the municipality, update the property registration with the municipality
to reflect the change in the property’s status;
4.
The
creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program;
5.
a creditor
located out-of-State shall be responsible for appointing an in-State
representative or agent to act for the foreclosing creditor;
6.
A creditor shall comply with the requirements of Section 19-5.4 relating to the care, maintenance, security, and upkeep of the exterior of the property, and post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the creditor or an out-of-state creditor’s in-state representative or agent for the purpose of receiving service of process, or acquire and otherwise maintain liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property while registered with the property registration program;
7.
Fees may be imposed on the creditor in connection with the property registration program as authorized pursuant to Subsection d. of this section; and
8.
A property
shall be considered vacant and abandoned if it is not legally occupied
by a mortgagor or tenant, which is in such condition that it cannot
be legally reoccupied, because of the presence or finding of at least
two of the following:
(a)
Overgrown or neglected vegetation;
(b)
The accumulation of newspapers, circulars, flyers, or mail on the
property;
(c)
Disconnected gas, electric, or water utility services to the property;
(d)
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
(e)
The accumulation of junk, litter, trash, or debris on the property;
(f)
The absence of window treatments such as blinds, curtains, or shutters;
(g)
The absence of furnishings and personal items;
(h)
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(i)
Windows or entrances to the property that are boarded up or closed
off, or multiple windowpanes that are damaged, broken, and unrepaired;
(j)
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
(k)
A risk to the health, safety, or welfare of the public or any adjoining
or adjacent property owners due to acts of vandalism, loitering, criminal
conduct, or the physical destruction or deterioration of the property;
(l)
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;
(m)
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;
(n)
A written statement issued by a mortgagor expressing the clear intent
of all mortgagors to abandon the property; or
(o)
Any other reasonable indicia of abandonment.
b.
This section authorizes a public officer, designated or appointed, pursuant to N.J.S.A. 40:48-2.3 et seq., or any other local official responsible for administration of any property maintenance or public nuisance code to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or other authorized municipal official determines that the creditor has violated the section. In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The notice issued shall include a description of the conditions which give rise to the violation. If the creditor fails to remedy the violation within that time period, the Borough may impose penalties allowed for the violation of municipal ordinances. If the Borough expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to the provisions of Subsection b. of this section but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including, but not limited to, the recourse provided under Section 23 of P.L.2003, c. 210 (N.J.S.A. 55:19-100).
c.
This
section authorizes the Borough of Pitman to contract with and set
the compensation of a private entity, pursuant to the “Local
Public Contracts Law,” N.J.S.A. 40A:11-1 et seq., to assist
the municipality in the implementation and administration of the property
registration program established pursuant to an ordinance adopted
pursuant to this section.
d.
This
section authorizes the Borough of Pitman to impose an annual fee on
a creditor required to register a property pursuant this section.
The fee shall not exceed: (1) $500 per property annually for any property
that is required to be registered because a summons and complaint
in an action to foreclose was filed by the creditor; and (2) an additional
$2,000 per property annually if the property is vacant or abandoned
pursuant to the definition in Section 6.14(a)8 when the summons and
complaint in an action to foreclose is filed, or becomes vacant and
abandoned pursuant to the definition in Section 6.14(a) at any time
thereafter while the property is in foreclosure.
e.
CREDITOR
1.
2.
As used
in this section, the following terms shall have the meanings indicated:
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this section, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
An out-of-state creditor subject to this section found by the
municipal court, or by any other court of competent jurisdiction,
to be in violation of the requirement to appoint an in-state representative
or agent pursuant to the section shall be subject to a fine of $2,500
for each day of the violation. Any fines imposed on a creditor for
the failure to appoint an in-state representative or agent shall commence
on the day after the ten-day period set forth in Paragraph (1) of
Subsection a. of Section 17 of N.J.S.A. 46:10B-51 or Paragraph (1)
of Subsection a. of Section 2 of N.J.S.A. 40:48-2.12s2 for providing
notice to the municipal clerk that a summons and complaint in an action
to foreclose on a mortgage has been served.
A creditor subject to this section found by the municipal court,
or by any other court of competent jurisdiction, to be in violation,
excluding only a violation addressed by Paragraph (1) of this subsection,
of the section shall be subject to a fine of $1,500 for each day of
the violation. Any fines imposed pursuant to this paragraph shall
commence 31 days following receipt of the notice of violation, except
if the violation presents an imminent risk to public health and safety,
in which case any fines shall commence 11 days following receipt of
the notice.
f.
No less
than 20% of any money collected pursuant to this section or an ordinance
adopted pursuant to this section shall be utilized for municipal code
enforcement purposes.
[10-24-2022 by Ord. No. 13-2022]
a.
Except as provided in Subsection b. of this section, the owner of a business or the owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
b.
The owner
of a multifamily home which is four or fewer units, one of which is
owner-occupied, shall maintain liability insurance for negligent acts
and omissions in an amount of no less than $300,000 for combined property
damage and bodily injury to or death of one or more persons in any
one accident or occurrence.
a.
The owner of a business, owner of a rental unit or units, and the owner of a multifamily home of four or fewer units, one of which is owner-occupied, shall annually register the certificate of insurance demonstrating compliance with Section 19-8.1 of this section with the Borough of Pitman.
b.
An administrative fee shall be charged for the certificate of registration required pursuant to Subsection a. of this section for properties located in the Borough of Pitman.
c.
For violation
of any provision in this section, a fine of not less than $500 but
no more than $5,000 shall be imposed against an owner who failed to
comply with the provisions of this section.
