[1966 Code § 15-1; Ord. No. 4-77]
a. 
There is hereby established in the Borough a State Uniform Construction Code enforcing agency to be known as the "Bloomingdale Building Department," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
b. 
Each official position created in Subsection a, above shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119, as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
c. 
The public shall have the right to do business with the enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.
[1966 Code § 15-2; Ord. No. 4-77; Ord. No. 8-77; Ord. No. 3-78; Ord. No. 4-78; Ord. No. 6-79; Ord. No. 5-81; Ord. No. 9-84; Ord. No. 5-93; Ord. No. 19-99 § I; Ord. No. 19-2002; Ord. No. 7-2004 §§ 1,2; Ord. No. 14-2007 § 1; Ord. No. 11-2009 § 1; Ord. No. 11-2012; Ord. No. 4-2016 § 4; Ord. No. 11-2016 § 4]
The fee for a construction permit shall be the sum of the subcode fees listed in the Fee Schedule hereunder, and shall be paid before the permit is issued.
FEE SCHEDULE
1A.
NEW STRUCTURE FEES:
Type
Fee
I.
Use Groups B, H, I-1, I-2, I-3, M, E, R-1, R-2, R and U
Volume of bldg. _________ cu. ft. x .070 = Volume Fee
II.
Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 S-2
Volume of bldg. _________ cu. ft. x .040 = Volume Fee
III.
Commercial Farm Building
Volume of bldg. _________ cu. ft. x .030 = Volume Fee
IV.
Use Groups B, H, I-2, I-3, M, E, R and U
Minimum fee of $100.
1B.
RENOVATIONS, ALTERATIONS, REPAIR AND MINOR WORK FEES:
Type
Fee
A.
Estimated cost up to $50,000
$30 per $1,000
B.
Portion of cost over $50,001
$22 per $1,000
C.
For combination of work involving new structures and existing structure work
The sum of the fees are computed separately as renovations/alterations/repairs and volume fees
D.
Installation or replacement of storage tanks up to 550 gallons for R uses —Residential one and two-family dwellings
$85
E.
Installation or removal of combustible liquid storage tanks over 550 gallons for R uses — Residential one and two-family dwellings
$100
F.
Installation of underground storage tank
$100 per tank for all other use groups
G.
Taking tank out of service, altering the piping or otherwise modifying any installation
$22 per $1,000 of estimated cost of removal
H.
Installation of Central Air conditioning units
$30 per $1,000
I.
Installation or removal of Geothermic or Photovoltaic systems
$30 per $1,000
J.
Minimum fee
$85
2.
PLUMBING FEES:
Type
Fee
A.
Total number of fixtures
$30 per fixture.*
* Fixtures to include all fixtures, pieces of equipment or appliances connected to the plumbing system and for each appliance connected to the gas piping or oil piping system, except as indicated below:
B.
Total number of special devices
$80 per device**
** Special devices include grease traps, oil separators, refrigeration units, utility service connectors, backflow preventers (other than R-3/R-4), steam boilers, hot water boilers (excluding those for domestic water heating), active solar systems, sewer pumps, interceptors and fuel oil piping.
C.
Installation of central air conditioners
$85 per unit.
D.
Minimum fee
$85.
3.
ELECTRICAL FEES:
Type
Fee
A.
Electrical fixtures and devices* - First 25
$70
B.
Increments of (10) additional fixtures and devices
$20
* Fixtures and devices to be counted for these items include lighting outlets, wall switches, smoke detectors, fluorescent fixtures, convenience receptacles or similar fixtures and motors or devices of one horsepower (HP) or one kilowatt (kW) or less.
For C through F, for calculating the following electrical fees all motors except those in plug-in appliances shall be counted, including control equipment, generators, transformers, and all heating, cooking or other devices consuming or generating electrical current.
C.
Each motor or electrical device greater than one HP and less than or equal to 10 HP; and for transformers and generators greater than 1 kW and less than or equal to 10 kW
$30 each
D.
Each motor or electrical device greater than 10 HP and less than or equal to 50 HP for each service panel, service entrance or subpanel less than or equal to 200 amperes, and for all transformers and generators greater than 10 kW and less than or equal to 45 kW and for each utility load management device
$75 each
E.
Each motor or electrical device greater than 50 HP and less than or equal to 100 HP; for each service panel, service entrance or subpanel greater than 200 amperes and less than or equal to 1,000 amperes, and for each transformer or generator greater than 45 kW and less than or equal to 112.5 kW
$130 each
F.
Each motor or electrical device greater than 100 HP; for each service panel, service entrance or subpanel greater than 1,000 amperes, and for each transformer or generator greater than 112.5 kW
$600
G.
Installation of central air conditioning
$85 per unit
H.
Minimum fee
$85
4.
ASBESTOS ABATEMENT FEE:
Type
Fee
A.
Fee
$70 plus certificate of occupancy fee of $14.
5.
STANDPIPE FEE:
Type
Fee
A.
Number of standpipes fee
$229 each
6.
FIRE EQUIPMENT AND HAZARDOUS EQUIPMENT:
Type
Fee
A.
Smoke Detectors, Heat Detectors and Carbon Monoxide Detectors:
1-6 detectors
$75
Each additional detector
$25
B.
Sprinkler heads:
1-20 heads
$80
21-100 heads
$160
101-200 heads
$320
201-400 heads
$640
Over 400 heads
$1,280
C.
Independent pre-engineered systems
$125 per system
D.
Gas or Oil fired appliance
$85 per appliance
E.
Commercial Kitchen exhaust system
$100 per system
F.
Incinerators
$500 per incinerator
G.
Crematorium
$500 per crematorium
H.
Fireplace installation or wood burning appliance
$80 per appliance
I.
Minimum fee
$85
J.
Smoke control system
$85 per system
K.
Storage tanks
$85 per storage tank
L.
Flammable/Combustible tanks
$85 per tank
7.
DEMOLITION OR REMOVAL PERMITS:
Type
Fee
A.
For a structure less than 5,000 square feet in area and less than 30 feet in height, or one- or two-family residence (R-3, R-4 use), and for structures on farms
$100
B.
All other structures over 5,000 square feet in area or more than two stories in height
$200
8.
SIGNS:
Type
Fee
A.
Per square foot of sign.
(Double faced signs fee will be based on one side of face)
$2
9.
CERTIFICATE OF OCCUPANCY FEES:
Type
Fee
A.
New structures
10% of permit fees, with minimum of $35 and maximum of $200
B.
Certificate of occupancy granted pursuant to a change of use group
$200
C.
Certificate of continued occupancy issued for all uses except R-3 under N.J.A.C. 5:23-2.23c
$200
D.
Temporary certificate of occupancy for all uses
$50
10.
VARIATION:
Type
Fee
A.
Application for a Variation in accordance with N.J.A.C. 5:23-2.10
Class I structures
$594
Class II structures and Class III structures
$120
11.
LEAD HAZARD ABATEMENT:
Type
Fee
A.
Lead abatement
$140
B.
Lead abatement clearance certificate
$50
12.
MISCELLANEOUS FEES:
Type
Fee
A.
For cross-connections, backflow preventers, public swimming pools, spas and hot tubs that are subject to testing and require annual inspections
$80
B.
In the case of discontinuance of work, all completed work will be computed. Any excess work will be refunded except 25% of excess for cost of permit fees and refunding.
C.
All suspensions of permits pursuant to N.J.A.C. 5:23-2.16(b) will not be refundable in whole or in part.
D.
The replacement of Residential one- and two-family dwelling mechanical equipment shall be a total of $85 for each appliance.
E.
Repeated failures by any subcode official that is determined by the Construction Official, to be repetitious in nature for the same work being done, may be subject to additional inspection fees of $85 per inspection after three repeated failures to the work that is being done that is within that subcode's jurisdiction.
13.
STATE TRAINING FEES:
Type
Fee
A.
Fees shall be pursuant to the current regulations of N.J.A.C. 5:23-4.19, as may be amended from time to time.
14.
ENGINEERING FEES:
Type
Fee
A.
For engineering review
$200
15.
SPECIAL OFF HOURS INSPECTION FEES:
Type
Fee
A.
Fees to be determined by the Construction Official prior to any inspection and to be determined based on request.
[1966 Code § 15-3; Ord. No. 3-78]
To control types of construction based on the inherent fire hazard by reason of the use groups of buildings, there are hereby established fire district limits to include all areas in which congested business, commercial and public assembly uses are housed. Such areas shall be designated as within the fire limits and shall be bounded and described as being all lands within the retail business, general business and multifamily zones as shown on the current Zoning Map.
[1966 Code § 15-4; Ord. No. 3-78]
No permit shall be issued by the Building Subcode Official until the applicant files with the Building Subcode Official the results of a percolation test showing that the land is suitable for a sewage disposal system and it will operate efficiently on the premises.
[Ord. No. 5-2001]
No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein.
[Ord. No. 26-01; Ord. No. 18-2015; amended 6-27-2023 by Ord. No. 25-2023]
a. 
No person shall occupy or use any portion of a commercial, industrial or residential building after such building or portion thereof has been vacated or sold, or which there has been a change of occupancy, until the owner/landlord shall have applied for and secured a certificate of occupancy therefor from the Construction Official or his designee of the Borough.
b. 
Upon receipt by the Construction Official of an application for a certificate of continued occupancy and payment of the requisite fee, the Construction Official shall conduct an inspection of the premises in question to insure compliance with applicable building, health, safety and fire codes, regulations, ordinances and statutes of the Borough of Bloomingdale and the State of New Jersey. With respect to any change in occupancy and/or ownership of any commercial, manufacturing or industrial property in any zone, the Zoning Officer shall have the discretion to determine whether a full review and approval by the Planning Board should be made prior to the issuance of a Certificate of Continued Occupancy. The Zoning Officer's review shall be based on the following application items:
1. 
Nature of the business of the new occupant.
2. 
Days and hours of operation.
3. 
Interior and exterior renovations planned.
4. 
Exterior signage planned.
5. 
Number of employees.
6. 
Exterior storage planned.
7. 
Parking plan schematic, to include ingress, egress, number and size of spaces.
8. 
Sidewalk or driveway apron installation and/or repair planned.
c. 
The Construction Official shall issue a certificate of continued occupancy upon his inspection and satisfaction that no violations of the aforementioned codes, regulations, ordinances and statutes exist, and if the Zoning Officer has determined Planning Board approval is not required.
d. 
If violations are found to exist, there shall be no new occupancy or use of the premises until compliance with this section has been obtained.
e. 
The Construction Official shall provide a form to be completed by each applicant. A fee of $200 shall be paid for residential single-family dwellings. A fee of $100 per unit shall be paid for commercial, industrial, multifamily or residential rental units.
f. 
The Construction Official may waive the inspection and the above fee if an inspection of the same premises has been made within 60 days, and there has been no physical change to the property. Application review and Planning Board determination by the Zoning Officer shall not be waived.
g. 
All payments for a continued certificate of occupancy shall be made in cash or cashier's check to the Borough of Bloomingdale.
[Ord. No. 21-2008 § 1]
a. 
Residential additions, including fences, sheds and pools — $25.
b. 
New residential houses and accessory structures other than fences, sheds and pools — $50.
c. 
Commercial and industrial applications — $100.
d. 
Replacement of face of existing signs — $2 per square foot, double faced signs to be calculated by one side of sign.
[1966 Code § 11A-1; Ord. No. 5-88]
There is hereby established a numbering system for buildings in the Borough.
[1966 Code § 11A-2; Ord. No. 5-88]
It is hereby declared unlawful to use any new number on any building unless it is a number designated for use on the Borough maps for that particular location of any such building.
[1966 Code § 11A-3; Ord. No. 5-88]
Any person now the owner of any interest in a building is hereby charged with the obligation to change any number or numbers now in use on any such building if such numbers are inconsistent with the numbering system established as contained on Borough maps. Such obligation shall continue as long as such ownership interest continues to exist, and it is hereby declared unlawful to use any numbering inconsistent with the system and maps if such use is continued for a period of 60 days following the notification as hereafter described.
[1966 Code § 11A-4; Ord. No. 5-88; Ord. No. 30-88]
a. 
All number changes and assignments shall be made within 60 days notice to do so.
b. 
Notification shall be mailed, postage prepaid, to the assessed owner or owners as determined by the last official records of the Tax Assessor, and it shall contain a statement describing the proper number or numbers assigned to the building or lot, lots or area of land where the building is located.
c. 
In the case of conflict as to the proper number to be assigned to any building, the Municipal Clerk shall determine the number of such building, and this decision shall be final.
d. 
The mailed notice shall include an acknowledgment card to be returned to the office of the Municipal Clerk by the owner as his acknowledgment and notice of compliance with this section.
[1966 Code § 11A-5; Ord. No. 5-88]
a. 
Whenever any house, building or structure shall be erected or located in this Borough after the establishment of the numbering system, in order to preserve the continuity and uniformity of numbers of the houses, buildings and structures, it shall be the duty of the owner to procure the correct number or numbers so assigned for the buildings as provided by this section.
b. 
No building permit shall be issued for any house or building until the owner has procured from the office of the Municipal Clerk the official number of the house or building.
c. 
All subdivisions shall have building numbers assigned prior to final approval. All such building numbers shall be shown on the site plan submitted for final approval.
d. 
Any structure erected, repaired, altered or modified after the effective date of this section shall have the certificate of occupancy withheld by the construction official until permanent and proper numbers have been affixed.
[1966 Code § 11A-6;. No. 5-88]
The numbering of buildings shall begin at the base line or origin of the street, and allowance shall be made for future extension of the street and possible subdivision of lands fronting on the street. The direction of the street is determined by drawing a line on the map from the beginning of the street to the end of the street. If this line falls in the quadrant of northwest to northeast or southeast to southwest, the street will be considered as running in a north/south direction. If this line falls in the quadrant of northeast to southeast or northwest to southwest, the street will be considered as running in an east/west direction. In general, the following basic rules shall apply:
a. 
For all streets running in a northerly or southerly direction, even numbers shall be assigned to the east side of the street and odd numbers to the west side.
b. 
For all streets running in a westerly or easterly direction, even numbers shall be assigned to the north side of the street and odd numbers to the south.
c. 
After issuance of a number, that number shall be used hereafter for the building on that location, and no other number shall apply.
[1966 Code § 11A-7; Ord. No. 5-88]
The numbers shall be a minimum of two and one-half (2 1/2) inches in height, clearly visible on the background to which they are attached, and shall be located in a prominent place on the property so that they will be visible from the street. House numbers shall be procured and affixed at the owner's expense.
[1966 Code § 11A-8; Ord. No. 5-88]
The Council, at any time after the adoption of this section, may by resolution change, rename or name any street within the jurisdiction of the Borough.
[1966 Code § 11A-9; Ord. No. 5-88]
If the owner of any lot upon which a building is located shall fail or refuse to display or cause to be displayed the number assigned thereto in conformity with the provisions of this section after 60 days of notice to do so, he shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5. The Construction Official and the Property Maintenance Officer of the Borough shall be authorized to act as enforcement officers of this section.
[1966 Code § 85-1; Ord. No. 10-79]
Any building or structure or any part thereof which is or may become unsafe because the same is dangerous to life or health or because the same might tend to extend a conflagration shall, unless made safe and secure, be taken down and removed by the owner.
[1966 Code § 85-2; Ord. No. 10-79]
a. 
A building or structure or any part thereof shall be considered unsafe to life or health or unsafe to adjoining properties when the same is dangerous by reason of:
1. 
The bad conditions of its walls.
2. 
Its overloaded floors.
3. 
Its defective construction.
4. 
Its lack of safeguards against fire, accidents or other calamities.
5. 
Its lack of sanitary facilities and lack of ventilation or light.
6. 
Its dilapidated condition.
7. 
Its defects increasing the hazards of fire.
8. 
Its disrepair.
b. 
The foregoing conditions are to be considered as the standards adopted by the Borough in relation to unsafe buildings or structures in this Borough by which the Construction Official is to administer the provisions of this section.
[1966 Code § 85-3; Ord. No. 10-79]
Any building or structure declared unsafe or dangerous by the Construction Official by reason of the existence of any of the conditions set out in Subsection 11-3.2a may be restored to a safe condition, provided that if the damage or cost of reconstruction or restoration is in excess of 50% of the true value of the building or structure, exclusive of foundations, such building or structure, if reconstructed or restored, shall be made to conform to the requirements for new buildings as to materials and forms of construction as set out in this section.
[1966 Code § 85-4; Ord. No. 10-79; New]
If the Construction Official shall ascertain or have reason to believe that any building or structure or any part thereof is unsafe, he shall immediately make an examination and inspection, and if, in his opinion, the building or structure or any part thereof is unsafe or dangerous to life or health or to adjoining properties because of the existence of any of the conditions therein as set forth in Subsection 11-3.2a, he shall cause a written complaint to be served upon the owner of and the parties in interest in such building or structure. The complaint shall set forth the unsafe and dangerous conditions of the building or structure. It shall contain a notice that a hearing will be held before him, at a place therein fixed, not less than seven[1] days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall have the right to file an answer and to appear in person or otherwise and give testimony at the time and place fixed in the complaint.
[1]
Editor's Note: Changed as required by N.J.S.A. 40:48-2.5(b).
[1966 Code § 85-5; Ord. No. 10-79]
If after such hearing the Construction Official declares that the building or structure or any part thereof under consideration is unsafe or dangerous by reason of the existence of the conditions set forth in the complaint, he shall state, in writing, his finding of fact in support of such declaration, and he shall issue and cause to be served upon the owner and parties in interest of such structure or building or any part thereof, provided that the necessary repairs, alterations or improvements to the building or any part thereof can be made at a cost not exceeding 80% of the value of the building at the time of its condemnation, an order requiring the owner to repair, alter or improve the building or structure so as to render it safe and free from the conditions complained of, which work must be completed within 60 days from the date of service of the order. If such repairs, alterations or improvements of the building or structure or any part thereof can only be made at a cost exceeding 80% of the true value of the building or structure at the time of its condemnation, the Construction Official shall order the owner and the parties in interest to forthwith remove or demolish such building. The owner or the parties in interest may, at their option, close and vacate the building, provided that no order is made to remove or demolish the same.
[1966 Code § 85-6;. No. 10-79]
a. 
If the owner fails to comply with the terms of the order to repair, alter, vacate and close, remove or demolish the building or structure or any part thereof, the Construction Official may cause the building or structure or any part thereof to be so repaired, altered or improved or to be vacated and demolished. The Construction Official shall post on the main entrance of such building or structure so closed a placard with the following words: "This building is unsafe and dangerous; the use or occupancy of this building is prohibited and unlawful." If the owner fails to comply with the order to remove or demolish the building or structure as provided in his order, the Construction Official may cause such building or structure to be demolished.
b. 
The Borough Council by resolution shall authorize the Construction Official to employ the necessary labor and to procure and purchase such materials and appliances as may be necessary to enforce his orders. The Construction Official shall keep an itemized record of all moneys expended for this purpose and shall, upon completion of such work, file with the Municipal Clerk an itemized statement of the costs of such work on the building or structure and shall render a copy to the owner and parties in interest of such building or structure in like manner as hereinafter provided. The Council, by resolution, shall confirm the Construction Official's statement, if properly made, and direct that the costs of such work incurred by the Construction Official be paid by the Borough Tax Collector out of such funds as are available for that purpose. It shall be the duty of the owner and parties in interest to pay the amount of such costs and expenses to the Borough Tax Collector. The cost of such repairs, alterations, improvement to, or the vacating and closing or removal and demolition of the building or structure shall be a lien against the building or structure and the land on which it is situated. If the building or structure is removed or demolished by the Construction Official, he shall sell the materials of the building or structure and shall credit the proceeds of such sale against the cost of removal or demolition. Any surplus remaining shall be deposited with the court having jurisdiction over such surplus.
c. 
The Construction Official shall serve a copy of the order issued by him to the tenants or occupants of any building or structure determined to be unsafe and dangerous, and it shall be the duty of such tenants or occupants to forthwith vacate such premises.
[1966 Code § 85-7; Ord. No. 10-79]
a. 
The complaints, orders or statements issued by the Construction Official pursuant to this section shall be served upon the owner and other parties in interest resident in this municipality, in person or by leaving them at the place of residence of such person with a member of his family above the age of 14 years. If the owner or parties in interest shall not reside in this municipality, such complaints, orders or statements shall be served upon the occupants of the property concerned or upon their agent in charge.
b. 
If the owner or other parties in interest is unknown or service as above described cannot for any reason be made, the complaint and order shall be published at least once, not less than 30 days before the proposed repair, alteration, improvement, closing, removal or demolition of the building or structure, in a newspaper circulating in the Borough. A copy of such complaint, order or statement shall be posted in a conspicuous place upon the affected premises. An additional copy of such complaint, order and statement shall be recorded with the Passaic County Clerk.
[1966 Code § 85-8; Ord. No. 10-79]
In case there shall be, in the opinion of the Construction Official, actual and immediate danger of the falling of a building or structure or part thereof so as to endanger public safety, life or property, he shall cause the necessary work to be done to render the building or structure or any part thereof temporarily safe, whether the procedure prescribed in this section for unsafe buildings and structures has been instituted or not. Such work shall be done at the owner's expense, and the amount shall become a lien upon the property affected. The owner shall be entitled to a copy of the statement referred to in Subsection 11-3.6.
[1966 Code § 85-9; Ord. No. 10-79]
For any and every violation of this section, the owner, agent, contractor or other person, either as an individual, partnership or corporation or any other person, partnership or corporation interested in any such building or premises where such violation shall have been committed or shall exist or where such party shall have caused a violation to be committed or shall take part or assist in any such violation or who shall maintain any building or premises in which any violation of this section shall exist, shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5. Except as otherwise provided in this section, each and every day such a violation continues after written notice is served and the time for compliance therewith has expired shall be considered as a separate and specific violation of this section, and the penalties herein prescribed shall apply to each such separate and specific offense.
[1966 Code § 85-10; Ord. No. 10-79; Ord. No. 4-2014 § 1]
The provisions of this section are promulgated pursuant to the applicable provisions of N.J.S.A. 40:48-1.1, 40:48-2 and 40:48-2.3 et seq.
[Ord. No. 4-2014 § 2]
The provisions of this section 11-3 shall apply to vacant buildings and structures in the Borough where the building or structure is determined by the Construction Official to be dangerous to human life or the public welfare, or which constitutes a fire hazard.
All written complaints for vacant buildings or structures issued by the Construction Official in accordance with Subsection 11-3.4 shall be served by appending such complaint to the building or structure at least seven days prior to the hearing for the complaint.
The Construction Official may cause such building to be removed or demolished or the Borough may contract for the removal or demolition thereof after advertisement and after receipt of bids therefor.
[1966 Code § 34A-1; Ord. No. 3-90]
The New Jersey State Housing Code, known as N.J.A.C. 5:28-1.1 et seq., is hereby adopted and shall be enforced in the Borough. A copy of the ordinance is attached to this section but need not and shall not be published in the notice of publication in the newspaper.
[1966 Code § 34A-2; Ord. No. 3-90]
Three copies of this section have been placed on file in the office of the Municipal Clerk upon the introduction of this section and will remain on file there until final action is taken on this section for the use and examination of the public.
[1966 Code § 34A-3; Ord. No. 3-90]
The administrative authority within the meaning of N.J.A.C. 5:28-1.2 is hereby designated to be the Health Inspector.
[1966 Code § 34A-5; Ord. No. 3-90; New]
Any person who shall violate any provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[Ord. No. 1-2006 § 1]
APARTMENT
Shall mean one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing dwelling unit(s).
ATTIC
Shall mean that part of a building that is immediately below and wholly or partly within the roof framing.
CELLAR AND BASEMENT
Shall be as defined by the International Residential Code, New Jersey Edition, as may be supplemented from time to time.
OWNER
Shall mean the holder or holders of title to the premises in fee simple or having charge, care or control of the premises, as owner or agent of the owner or as executor, mortgagee in possession, regardless of how such possession was obtained.
TENANT
Shall mean any person residing with the consent of the owner in an apartment or unit of housing space.
[Ord. No. 1-2006 § 1]
Any one of the following shall constitute an illegal apartment or unit.
a. 
An apartment or unit for which no certificate of occupancy or certificate of continuing occupancy has been issued.
b. 
An apartment or unit which would exceed the number of units permitted under the Zoning Ordinance or any approvals granted by a land use agency of the Borough.
c. 
An apartment or unit which fails to meet the requirements of any regulation affecting the health, safety and welfare of the general public.
d. 
An apartment or unit which fails to satisfy the requirements of the Multiple Dwelling Law of New Jersey or any other statute, ordinance or regulation governing multiple dwellings.
e. 
An apartment or unit which the owner has permitted occupancy therefor without obtaining therefor required plumbing, electrical and building permits.
f. 
Any other apartment or unit deemed by the Construction Code Official or any governmental agency or by judicial decree to be in violation of any State, County or municipal regulation.
[Ord. No. 1-2006 § 1]
Unapproved occupancies of attics are prohibited.
Any attic used for other than incidental storage must meet all of the following criteria:
a. 
There shall be no kitchen or any semblance of same (i.e., hotplate, refrigerator, food cabinets, sink).
b. 
Except for required fire exits, access to the attic shall be through the unit below.
c. 
Under no circumstances shall the attic be offered as a separate dwelling unit, rooming unit or independent rooming unit.
d. 
The attic must be an integral part of the unit below and shall not be leased to any party that does not have full access and rights to the unit below.
e. 
The attic area must be part of a unit that has a valid certificate of occupancy.
f. 
All permits must be obtained and a certificate of occupancy issued after final inspection.
[Ord. No. 1-2006 § 1]
Unapproved occupancies of cellars and/or basements are prohibited.
Any basement or cellar used for other than incidental storage must meet all of the following criteria:
a. 
Under no circumstances shall bedroom or sleeping quarters be allowed in basements and/or cellars.
b. 
Except for required fire exits, access to the basement or cellar shall be through the unit above.
c. 
Under no circumstances shall the basement and/or cellar be utilized as a separate dwelling unit, rooming unit or independent rooming unit.
d. 
A basement and/or cellar must be an integral part of the unit above and shall not be leased to any party that does not have full access and rights to the unit above.
e. 
The basement and/or cellar area must be part of a unit that has a valid certificate of occupancy.
f. 
All permits must be obtained and a certificate of occupancy issued after final inspections.
[Ord. No. 1-2006 § 1]
a. 
No owner of real property shall rent an illegal apartment as defined in the Revised General Ordinances of the Borough of Bloomingdale or permit same to be occupied by any tenant(s) or other person(s).
b. 
In the case of displacement of any person(s) by enforcement of this section or other applicable laws or regulations, any owner of real property who, in violation of law or ordinance, rents an apartment or unit to such person(s), shall pay to the Borough of Bloomingdale all relocation costs incurred pursuant to the Relocation Assistance Law, N.J.S.A. 52:31B-1 et seq. and the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. upon presentation to the owner of a statement of such relocation costs.
c. 
In the event that the relocation costs to be paid to the Borough of Bloomingdale with regard to any parcel of real property shall not be paid within 10 days after the date due, interest shall accrue and be due to the Borough of Bloomingdale on the unpaid balance at the rate of 18% per annum until the costs and thereon shall be fully paid to the Borough of Bloomingdale.
d. 
In the event that the relocation costs to be paid to the Borough of Bloomingdale with regard to any parcel of real property shall not be paid within 10 days after the date due, the unpaid balance thereof and all interest accruing thereon shall become a lien on the parcel. To perfect the lien, a statement showing the amount and due date of the unpaid balance and identifying the parcel, which identification may be sufficiently made by reference to the assessment map of the municipality, shall be recorded with the Passaic County Register of Deeds and upon recording, the lien shall have the priority of a mortgage lien.
e. 
Alternatively, upon adjudication of liability hereunder by a Court of competent jurisdiction, the Court may, in its discretion, order the owner of the parcel of real property to pay directly to the displaced tenant all relocation costs for which the tenant has not received payment from the Borough of Bloomingdale, as required to be paid pursuant to the Relocation Assistance Law, N.J.S.A. 52:31B-1 et seq. and the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. Any Court Order or Judgment in this regard shall be considered to be both in personam and in rem.
f. 
In addition to paying damages as set forth in Subsections a through e above, the owner of the real property shall also return to the displaced tenant any security deposit, together with interest thereon, plus any rental payment required to be apportioned upon notification by the enforcement official that the illegal apartment or dwelling unit must be vacated.
g. 
Any person who violates this section shall be subject to the following fines:
1. 
For the first offense, a mandatory fine of $1,500 shall be imposed.
2. 
For the second offense, a mandatory fine of $3,000 shall be imposed.
3. 
For the third offense and all subsequent offenses, a mandatory fine of $5,000 shall be imposed or imprisonment for a term not to exceed 90 days, or both.
h. 
For purposes of determining violations of this section, each and every day of continued rental or occupancy shall be deemed to be a separate and distinct violation.
i. 
The provisions of this section shall be enforced by all members of the Borough Police Department, the Construction Code Official, the Code Enforcement Official and any other person specifically designated with enforcement authority by ordinance of the Borough of Bloomingdale.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 34-2006 and 40-2006.
[Ord. No. 1-2013]
This section is enacted to further the public health, safety, morals and general welfare of the Borough of Bloomingdale.
[Ord. No. 1-2013]
The following terms, whenever used or referred to in this section, shall have the following respective meanings for the purposes of this section, unless a different meaning clearly appears from the context.
CODE OFFICIAL
Shall mean the official of the Borough of Bloomingdale who is charged with the administration and enforcement of this section, or any duly authorized deputy.
HOUSING SPACE
Shall mean that portion of a dwelling rented or offered for rent for living or dwelling purposes and in which cooking equipment is supplied. The term shall not mean or include public housing or dwelling space in any hotel, motel or established guesthouse, commonly regarded as a hotel, motel or established guesthouse, as the case may be, in the Borough.
OWNER
Shall mean the holder or holders of record title or title by operation of law.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations who own or have an interest of record in a housing space or rental dwelling or who are in actual possession thereof or any person authorized to receive rents payable for housing space or a rental dwelling.
[Ord. No. 1-2013]
a. 
It shall be the duty of every owner or party in interest and every tenant or prospective tenant of housing space within the Borough of Bloomingdale to file with the Code Official on the landlord-tenant registration form, as prescribed, the following information:
1. 
The name of the person or persons to whom the rental housing space is being rented.
2. 
The number of square feet of the total area actually being rented to the tenant, the number of square feet of area to be used as sleeping quarters and the number of square feet in all other habitable rooms.
3. 
The number of rooms being rented to each tenant, including the square footage of each room.
4. 
The number of persons to occupy the area being rented.
5. 
The owner's name, address and telephone number.
6. 
The owner's agent (or other party in interest's) name, address and telephone number.
7. 
The names, telephone numbers and ages of the persons to occupy the area being rented, except that each person 18 years and older may use the designation "adult" for age.
b. 
The owner or its agent and the tenant or prospective tenant shall sign the landlord-tenant registration form verifying the information contained in said form.
[Ord. No. 1-2013; amended 2-4-2020 by Ord. No. 2-2020]
a. 
Apart from any zoning or other regulatory issues, the filing of the registration form in accordance with the requirements of Subsection 11-6.3 and payment of a registration fee of $150 per housing space or rental dwelling shall constitute a legally registered housing space with the Borough of Bloomingdale and for purposes of legal proceedings in connection therewith.
b. 
Upon change of ownership, occupancy or inception of a new tenancy, a new landlord-tenant registration form shall be filed together with a registration fee of $100 to continue the legally registered housing space.
c. 
Each housing space or rental dwelling in the Borough of Bloomingdale shall be subject to an annual registration fee of $150, which shall be paid by the landlord. The registration shall take place 12 months after the initial landlord-tenant registration form is completed.
d. 
Each owner and/or its agent shall file a landlord certificate of registration with the Borough Clerk as required by state law (N.J.S.A. 46:8-27 et seq.).
[Ord. No. 1-2013]
The name, address and telephone number of the owner(s) or its agent shall be posted in a conspicuous location on the ground floor hall of each housing space regulated by this section.
[Ord. No. 1-2013]
Initial landlord-tenant registration forms shall be filed with the Borough Clerk or the designated Code Official within 90 days of the effective date of this section.[1] Thereafter, the owner and tenant shall file the completed landlord-tenant registration form with the Borough Clerk or designated Code Official within 15 days of the inception of a tenancy, any change in the occupancy of the housing space, or a change in ownership.
[1]
Editor's Note: Ordinance No. 1-2013, codified herein, was adopted January 22, 2013.
[Ord. No. 1-2013]
It shall be the duty of the owner or its agent to supply to each tenant a copy of this section and any amendments thereto, as well as a copy of such administrative rules and regulations as shall be in effect at the time the premises are rented. For tenants in place at the time this section is adopted, the owner or its agent, shall, within 15 days from the section's effective date, serve on each tenant a copy of this section and such rules and regulations as shall be in effect.
[Ord. No. 1-2013]
The Borough Council may, by resolution, from time to time, accept recommendations from the Code Official and make and adopt such written administrative rules and regulations as may be necessary for the proper enforcement and interpretation of this section and to secure its intent. Such rules and regulations shall not be in conflict with the provisions of this section nor any other ordinances of the Borough of Bloomingdale, nor shall they have the effect of waiving any provisions of this section or any other ordinance. Such administrative rules and regulations shall have the same force and effect as the provisions of this section, and the penalty for violation thereof shall be the same.
Any violation of this section by either the owner(s) or the tenant by the refusal or failure of either to file the said certificate or to sign the same shall be punishable based upon the following schedule:
a. 
First Violation: Receipt of written warning from the Borough;
b. 
Second Violation: Fine of $100;
c. 
Third and Subsequent Violations: Violator shall be subject to the penalties as set forth in section 1-5 of the Code of the Borough of Bloomingdale.
[Ord. No. 1-2013]
The penalty hereinabove shall be printed in full on the certificate so that both the owner(s) and the tenant may be fully apprised of the penalty to be imposed by the failure to comply with the provisions of this section.
[Ord. No. 1-2013]
The certificate of registration, as set forth on the form approved by the designated Code Official, shall stand as a certificate of compliance as required by this section if the certificate of registration, was received within two months of the required annual inspection date.
[Ord. No. 1-2013]
a. 
Access from Sleeping Rooms. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces. Exception: Dwelling units that contain fewer than two bedrooms.
b. 
Area for Sleeping Purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
c. 
Water Closet Accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.
d. 
Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements in the following table below:
Minimum Occupancy Area Requirements
Space
1 to 2 Occupants
(area in square feet)
3 to 5 Occupants
(area in square feet)
6 or More Occupants
(area in square feet)
Living room
None
120
150
Dining room
None
80
100
Kitchen
50
50
60
Bedrooms
As per § 11-6.12b
As per § 11-6.12b
As per § 11-6.12b
e. 
Combined Spaces. Combined living room and dining room spaces shall comply with the requirements of the above table if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
f. 
Prohibited Uses.
1. 
Kitchens, nonhabitable spaces and interior public spaces shall not be used for sleeping purposes.
2. 
In addition, any other nontraditional sleeping quarter spaces such as attics and basements shall not be used for sleeping purposes if they do not meet the requisite standards regarding emergency escape and rescue openings, means of egress and all other requirements as set forth by the Uniform Construction Code and the International Residential Code 2006, New Jersey Edition.
g. 
Minimum Ceiling Heights.
1. 
Habitable Spaces, other than kitchens, shall have a clear ceiling height of not less than seven feet four inches (7' 4"). Hallways, corridors, laundry areas, bathrooms, toilet rooms, and kitchens shall have a clear ceiling height of not less than seven feet.
2. 
Exceptions.
(a) 
Beams or girders spaced not less than four feet on center and projecting not more than six inches below the required ceiling height, provided the minimum clear height is not less than six feet eight inches (6' 8").
(b) 
Dropped or furred ceilings over no more than 1/2 of the minimum floor area required by this section, provided no part of such dropped or furred ceiling is less than seven feet in height.
(c) 
Rooms used exclusively for sleeping, study, or similar uses and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet over not less than 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor areas with a clear ceiling height of five feet or more shall be included.
(d) 
Minimum Room Widths. A habitable room, other than a kitchen, shall not be less than seven feet in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between counter fronts and appliances or counter fronts and walls.
(e) 
Food Preparation. All spaces to be used for food preparation shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food waste and refuse, including facilities for temporary storage.
[Ord. No. 1-2013]
a. 
Notices and Orders. The Code Official, as hereinabove defined, shall issue all necessary notices and orders to abate illegal or unsafe conditions to insure compliance with the requirements of this section for the safety, health, and general welfare of the public.
b. 
Inspections. In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to enter any structure or premises at any reasonable time for the purpose of making inspections and performing duties under this section.
c. 
Right of Entry. If any owner, occupant or other person in charge of a structure subject to the provisions of this section refuses, inhibits, interferes with, restricts, or obstructs entry and free access to any part of the structure or premises where inspection authorized by this section is sought, the administrative authority shall be permitted to seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference.
d. 
Credentials. The Code Official and authorized representative shall carry proper credentials of their respective office for the purpose of inspecting any and all buildings and premises in the performance of duties under this section.
e. 
Coordination of Enforcement. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the Code Official so charged by the Borough. Whenever inspections are necessary by any other department the Code Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders, notices or summons before any are issued. A department, however, shall not delay the issuance of any emergency order.
f. 
Official Records. An official record shall be kept of all business and Code enforcement activities of the Code Official and other personnel necessary to administer this section as authorized by the Borough of Bloomingdale. All such official records shall be open to public inspection at all appropriate times and under reasonable administrative rules to assure the integrity and security of such records.
[Ord. #1-2009 § 1]
The Health Officer of the Borough of Bloomingdale or other officer designated by the Health Officer, shall whenever necessary to protect the health and safety of residential tenants act as agent for a landlord in engaging a fuel oil dealer to deliver fuel oil at a reasonable price per gallon and to refire the burner to restore the proper heating of any residential property rented by said landlord, provided, however, that at least 12 hours have elapsed, if the outside air temperature is between 33° and 55° F., inclusive, or at least four hours have elapsed, if the outside air temperature is 32° F or less, since the tenant has lodged a complaint with any municipal officer or agency, prior to which complaint a bona fide attempt has been made by the tenant or his representative to notify the landlord of the lack of heat, and the landlord has failed to take appropriate action. Lack of heat means maintaining less heat than required by N.J.S.A. 26:3-31.
[Ord. #1-2009 § 1]
The Health Officer of the Borough of Bloomingdale or other officer designated by the Health Officer, shall whenever necessary to protect the health and safety of residential tenants, act as agent for the landlord in engaging of repairman and the ordering of any parts necessary to restore to operating condition the furnace, boiler or other equipment essential to the proper heating of any residential unit rented by said landlord, provided, however, that at least 24 hours have elapsed since the tenant has lodged a complaint with the local Board of Health, prior to which a bona fide attempt has been made by the tenant to notify the landlord of the failure of the heating equipment, and the landlord has failed to take appropriate action, and the outside air temperature is less than 55° F.
[Ord. #1-2009 § 1]
Any fuel oil dealer who delivers fuel oil or refires the burner in accordance with Code Subsection 11-7.1, or any repairman who restores the operating conditions of a furnace, boiler, or who provides equipment and services essential to the proper heating of any residential unit in accordance with Code Subsection 11-7.2 of this chapter may bill the landlord directly, or the Borough may issue a voucher to the fuel oil dealer or repairman who delivered the fuel oil or made the repairs, for monies due.
[Ord. #1-2009 § 1]
Any landlord or his agent whose negligence or failure to act results in Borough action pursuant to Code Subsections 11-7.1, 11-7.2, or both, shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential property. Such penalty shall be recoverable by the Borough in a civil action by a summary proceeding under "the Penalty Enforcement Law" (N.J.S.A. 2A:58-1 et seq.). Any action to collect or enforce any such penalty shall be brought in the Superior Court or Municipal Court. The amount of such penalty shall be paid to the Borough to be used for general municipal purposes.
[Ord. #1-2009 § 1]
In any penalty proceeding brought pursuant to this chapter, the Court shall also order the landlord or his agent to reimburse the Municipality for actual costs for any fuel oil delivered, the service charge for refiring the boiler, if any, and any charges for parts necessary to restore to operating condition, the furnace, boiler or any equipment essential to the proper heating of any residential unit, including any service charges, and for reasonable attorney's fees and costs. The Court shall further be empowered to issue any appropriate injunctive orders, and to authorize immediate collection of reimbursable costs due the Municipality out of the goods and chattels of the landlord, including all sums due, or which may come due, as present or future rents. Any landlord who prevails in such an action shall be entitled to reimbursement by the Municipality for all reasonable costs and expenses. Such landlord, however, shall still remain responsible for the cost of any fuel oil delivered and any charge for refiring the burner incurred by the Municipality.
[Ord. #1-2009 § 1]
Neither the Borough nor its employees shall be liable for any damages to any person or property in enforcing this act, except for the gross negligence or malfeasance of any municipal official, officer or employee, and under no circumstances shall the Borough be held liable for damages from the lack of heat in the residential property.
[Ord. #1-2009 § 1]
The provisions of this chapter shall not apply to owner-occupied residential rental properties containing five units or less.
[Ord. No. 3-2014; amended 11-8-2019 by Ord. No. 30-2019]
As used in this section, the following terms shall have the meanings indicated:
ABANDONED PROPERTY
Shall mean, as defined in accordance with the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., the following:
a. 
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A. 55:19-83), any property that has not been legally occupied for a period of six months, which is not a registrable property as defined in § 11-9.2, and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the Construction Official that:
1. 
The property is in need of rehabilitation in the reasonable judgment of the Construction Official, and no rehabilitation has taken place during that six-month period;
2. 
Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months as of the date of a determination by the Construction Official pursuant to this section;
3. 
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 (see N.J.S.A. 54:4-1 et seq.) as of the date of a determination by the Construction Official pursuant to this section; or
4. 
The property has been determined to be a nuisance by the Construction Official in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82).
b. 
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the Construction Official and the property meets the criteria of either Subsection a1 or a4 of this definition.
EVIDENCE OF VACANCY
a. 
Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is or has been vacant for three or more months. Such evidence would include, but is not limited to, evidence of the existence of two or more of the following conditions at a property: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past-due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; statements by neighbors, delivery agents, or government employees that the property is vacant or abandoned; infestation by insects, vermin, rats or other pests; windows or entrances that are boarded up or closed off; multiple window panes that are damaged, broken or unrepaired; doors that are smashed, broken, unhinged or continuously unlocked; or any uncorrected violation of a municipal building, housing or similar code during the preceding year.
b. 
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., shall also be deemed to be vacant property for the purposes of this section.
OWNER
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 provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, § 17), or any other entity determined by the Borough of Bloomingdale to act with respect to the property. If the property is determined to be a registrable property, in accordance with § 11-9.2, then the provisions of § 11-9 shall apply to that property.
VACANT PROPERTY
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 for a period of at least three months, and any commercial property that has not been legally occupied or at which substantially all lawful construction operations have ceased for a period of at least three months, and which exhibits evidence of vacancy such that a reasonable person would believe that the property is vacant. Any property that contains all building systems in working order, is being maintained on a regular basis, has not been cited by the Borough for any violation of municipal ordinance within such time and is being actively marketed by its owner for sale or rental shall not be deemed vacant.
a. 
The owner of any vacant property as defined herein shall, within 30 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Borough of Bloomingdale on forms provided by the Borough of Bloomingdale for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection 11-8.4 of this section for each vacant property registered. The initial and renewal fees shall be prorated and or credited accordingly upon legal occupancy.
b. 
Any owner of any building that meets the definition of "vacant property" prior to adoption date of this section (June 10, 2014), shall file a registration statement for that property on or before adoption date of this section (June 10, 2014) plus 60 days. The registration statement shall include the information required under Subsection 11-8.3 of this section, as well as any additional information that the Construction Official may reasonably require.
c. 
The owner shall notify the Borough of Bloomingdale within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Borough of Bloomingdale for such purpose.
d. 
The registration statement shall be deemed prima facie proof of the statement therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough of Bloomingdale against the owner or owners of the building.
a. 
After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Borough of Bloomingdale Construction Official if requested, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. If an inspection is required of the interior of the property due to complaints or other cause, the fee for such inspection shall be the same as that for a Continued Certificate of Occupancy inspection as provided in the applicable provisions of the Code of the Borough of Bloomingdale.
b. 
The registration statement shall include the name, street address, and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of any applicable code. The designated agent must have a contact number that will be available 24 hours per day on an emergency basis. The statement shall also include the name of the person responsible for maintaining and securing the property, if different from the designated agent.
c. 
An owner who is a natural person and who meets the requirements of this section as to availability of a contact number on a twenty-four-hour emergency basis may designate himself or herself as agent.
d. 
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any Court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purpose of this section until the owner notifies the Borough of Bloomingdale of a change of the authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of this section.
[Amended 3-15-2022 by Ord. No. 5-2022]
Fees related to the registration of vacant and abandoned properties shall be as specified in and regulated by Subsection 11-9.5 of the Borough Code.
The owner of any building that has become vacant and abandoned property, and any person maintaining, operating or collecting rent for any such building that has become vacant, shall immediately:
a. 
Post a sign affixed to the inside of the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to Subsection 11-8.3 of this section), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches;
b. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Borough of Bloomingdale and maintain the sign required in Subsection 11-8.5a above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete;
c. 
Make provisions for the maintenance of the lawn and yard, including regular grass cutting as required by the applicable provisions of the Code of the Borough of Bloomingdale;
d. 
Make provisions for the cessation of the delivery of mail, newspapers and circulars to the property, including having the property listed on the exclusion list maintained by the Borough of Bloomingdale for the delivery of circulars and advertisements to the property;
e. 
Make provisions for the winterizing of the property by the cessation of water service to the property and the draining of water lines; other than buildings with a fire sprinkler system;
f. 
Make provisions for the cessation of electric or gas utility services to the property; other than buildings with a fire sprinkler system; and
g. 
Make provisions for the regular maintenance of the exterior of the property.
The Borough of Bloomingdale Mayor and Council shall issue rules and regulations for the administration of the provisions of this section.
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. Every day that a violation 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 purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of Subsection 11-8.5 of this section, or such other matters as may be established by the rules and regulations of the Borough of Bloomingdale shall be deemed to be a violation of this section.
Nothing in this section is intended to nor shall be read to conflict or prevent the Borough of Bloomingdale from taking action against buildings found to be unfit for human habitation or unsafe structures as provided in applicable provisions of the Code of the Borough of Bloomingdale and/or the Uniform Construction Code. Further, any action taken under any such code provision other than the demolition of a structure shall not relieve an owner from its obligations under this section.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
It is the purpose and intent of the Council to establish a process to address the deterioration, crime, and decline in value of Borough neighborhoods caused by property with foreclosing or foreclosed mortgages located within the Borough, and to identify, regulate, limit and reduce the number of these properties located within the Borough. It has been determined that owner-occupied structures are generally better maintained when compared to vacant structures, even with a diligent off-site property owner. Vacant structures or structures owned by individuals who are economically strained and unable to meet their mortgage obligations are often not properly or diligently maintained, which contribute to blight, declined property values, and have a negative impact on social perception of the residential areas where they are located. It is the Council's further intent to establish a registration program as a mechanism to help protect neighborhoods from becoming blighted through the lack of adequate maintenance of properties that are in foreclosure or foreclosed, and to provide a mechanism to avert foreclosure actions through timely intervention, education, or counseling of property owners.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
CREDITOR
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.
DEFAULT
The mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the Borough to enforce the applicable code(s).
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passersby, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code.
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a nonrelated bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
OWNER
Every person, entity, or mortgagee, who alone or severally with others, has legal or equitable title to any real property as defined by this section; has legal care, charge, or control of any such property; is in possession or control of any such property; and/or is vested with possession or control of any such property. The property manager shall not be considered the owner.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting, maintaining and securing the property as required in this section.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the Borough limits.
REGISTRABLE PROPERTY
a. 
Any real property located in the Borough, whether vacant or occupied, that is encumbered by a mortgage subject to an ongoing foreclosure action by the mortgagee or trustee, has been the subject of a foreclosure action by a mortgagee or trustee and a judgment has been entered, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. The designation of a "foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a nonrelated bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed; or
b. 
Any property that is vacant for more than 30 days or any cancellation of utility or service, whichever occurs first.
REGISTRY
A web-based electronic database of searchable real property records, used by the Borough to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required in this section.
RESPONSIBLE PARTY
The title holder of a vacant and abandoned property or a creditor responsible for the maintenance of a property.[1]
STREET ADDRESS
An address at which a natural person who is the responsible party or an authorized agent actually resides or actively uses for business purposes, and shall include a street name or rural delivery route.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Borough codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT AND ABANDONED PROPERTY
Any residential or commercial building which is not legally occupied by an owner, a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, and two or more of the conditions in exist:
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 window panes 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.
[1]
Editor's Note: The former definition of "semiannual registration," which immediately followed this definition, was repealed 10-4-2022 by Ord. No. 24-2022.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
This section applies to foreclosing, foreclosed, and vacant property within the Borough.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
Pursuant to the provisions of § 11-8.2 the Borough, or its designee, shall establish a registry cataloging each registrable property within the Borough, containing the information required by this section.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
a. 
The responsible party for a vacant and abandoned property shall file a certificate of registration with the Clerk of the Borough within 90 days after the property becomes vacant and abandoned or within 30 days after the responsible party assumes ownership of or responsibility for an already vacant and abandoned property, whichever is later.
b. 
The certificate of registration shall be filed on forms prescribed by the Clerk and shall contain:
1. 
The name, street address, and telephone number of a natural person who resides or maintains an office within the state and who is either the responsible party or an authorized agent designated by the responsible party to receive notices and complaints of property maintenance and code violations on behalf of the responsible party;
2. 
The name, street address, and telephone number of the person responsible for maintaining the property, if different; and
3. 
Evidence of any liability insurance.
c. 
A responsible party for a vacant and abandoned property shall file an amended certificate of registration within 30 days after any change in the information required to be included thereon.
d. 
A certificate of registration shall remain valid for one year and shall be renewed on an annual basis if the property remains vacant and abandoned.
e. 
An annual fee of $250 for a certificate of registration for a vacant and abandoned property shall be paid to the Clerk.
f. 
If there is an outstanding property maintenance or code violation on a vacant and abandoned property that remains unabated at the time of renewal, the responsible party shall pay an additional fee of $500.
g. 
If there is an outstanding property maintenance or code violation on a vacant and abandoned property that remains unabated at the time of a subsequent renewal, the responsible party shall pay an additional fee of $750.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
a. 
Forty-five days after the Borough notifies the responsible party that the property is vacant and abandoned and until the property is reoccupied, the responsible party for a vacant and abandoned property shall:
1. 
Enclose and secure the property against unauthorized entry;
2. 
Post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the responsible party, any authorized agent designated by the responsible party for the purpose of receiving service of process, and the person responsible for maintaining the property if different;
3. 
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.
b. 
This section shall not be construed to diminish any property maintenance responsibilities of property owners who are not subject to the provisions of this section.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
a. 
The creditor filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the municipality pursuant to N.J.S.A. 46:10B-51, register the residential or commercial property with the Borough's Property Registration Program as a property in foreclosure.
b. 
Registration as a Property in Foreclosure. The creditor must provide the municipality with:
1. 
The information pursuant to § 11-9.3b;
2. 
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
3. 
Identify whether the property is vacant and abandoned in accordance with the definition in § 11-9.1; and
4. 
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; and
5. 
If there is any change in the property's status, update the property registration with Borough's Property Registration Program to reflect the change; and
6. 
If the creditor is located out-of-state, the information of an in-state representative or agent to act for the foreclosing creditor.
c. 
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 Borough's Property Registration Program.
d. 
A foreclosed property is considered vacant and abandoned if it meets the definition of § 11-9.1.
e. 
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.
f. 
Fees. The creditor will pay an annual registration fee of:
[Amended 10-4-2022 by Ord. No. 24-2022]
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.
2. 
An additional $2,000 per property annually if the property is vacant or abandoned when the summons and complaint in an action to foreclose is filed or becomes vacant and abandoned pursuant to the definition in the ordinance at any time thereafter while the property is in foreclosure.
3. 
The registration fee shall be due on January 1.
g. 
Any fines imposed pursuant to this section 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.
h. 
Penalties for Out-of-State Creditors. An out-of-state creditor who fails to appoint an in-state representative or agent after the 10th day of the period set forth in N.J.S.A. 46:10B-51 shall be subject to a fine of $2,500 for each day of the violation.
i. 
Twenty percent of any money collected pursuant to this section shall be utilized by the municipality for code enforcement purposes.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
a. 
For the purposes of this section only, "creditor" means a state chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the "New Jersey Residential Mortgage Lending Act," N.J.S.A. 17:11C-51 through N.J.S.A. 17:11C-89, and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers. For purposes of this section, a creditor shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer.
b. 
A creditor serving a summons and complaint in an action to foreclose on a mortgage on commercial property shall, within 10 days of serving the summons and complaint, notify the Borough Clerk and the Mayor that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property.
c. 
The notice shall contain the full name, address, and telephone number for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations and the full name and contact information for any person or entity retained by the creditor or a representative of the creditor to be responsible for any care, maintenance, security, or upkeep of the property.
d. 
The notice may contain information about more than one property, and shall be provided by mail and electronic mail communication.
e. 
The Borough Clerk shall forward a copy of the notice to the enforcement officer or shall otherwise provide it to any other local official responsible for administration of any property maintenance or public nuisance code.
f. 
The notice shall also include the street address, lot, and block number of the property.
g. 
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 paragraph following the filing of the summons and complaint, the creditor shall provide a notice to the Borough Clerk containing the updated name, address, or telephone number within 10 days of the change in that information.
h. 
If the owner of a commercial property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a commercial property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the exterior of the property is found to be a nuisance or in violation of any applicable state or local code, the Clerk shall notify the creditor or the representative or agent.
i. 
The Borough shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation.
j. 
If the creditor fails to remedy the violation within that time period, the Borough may impose penalties allowed for the violation of municipal ordinances.
k. 
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 h 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 N.J.S.A. 55:19-100.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
a. 
Properties subject to this section shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper 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. 
Registrable 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, of registrable property shall be maintained in accordance with the applicable code(s) at the time registration is required.
d. 
Registrable 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. 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 of 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, owner, and transferees to properly maintain the property as required by this section may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with the applicable code of the Borough. Pursuant to a finding and determination by the Borough Sheriff, Magistrate or a court of competent jurisdiction, the Borough 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) of the Borough.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
a. 
Properties subject to these sections 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 re-glazing of the window.
c. 
If a property is registrable, and the property has become vacant or blighted, a property manager shall be designated by the mortgagee and/or owner 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.
d. 
In addition to the above, the property is required to be secured in accordance with the applicable code(s) of the Borough.
e. 
When a property subject to this section becomes vacant, it shall be posted with the name and twenty-four-hour contact telephone number of the property manager. The property manager shall be available to be contacted by the Borough Monday through Friday between 9:00 a.m. and 5:00 p.m., legal holidays excepted. The sign shall be placed in a window facing the street and shall be visible from the street. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet. The posting shall contain the following language with supporting information:
THIS PROPERTY IS MANAGED BY
AND IS INSPECTED ON A REGULAR BASIS.
THE PROPERTY MANAGER CAN BE CONTACTED
BY TELEPHONE AT
OR BY EMAIL AT
f. 
The posting required in Subsection e above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street, or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
g. 
Failure of the mortgagee and/or property owner of record to properly inspect and secure a property subject to this section, and post and maintain the signage noted in this section, is a violation and shall be subject to enforcement by any of the enforcement means available to the Borough. The Borough may take the necessary action to ensure compliance with this section, and recover costs and expenses in support thereof.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
The provisions of this section are cumulative with and in addition to other available remedies. Nothing contained in this section shall prohibit the Borough from collecting on fees, fines, and penalties in any lawful manner; or enforcing its codes by any other means, including, but not limited to, injunction, abatement, or as otherwise provided by law or ordinance.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
All registrable property is at risk of being a public nuisance and if vacant or blighted can constitute 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.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
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 or owner, and may bring the violations before the code enforcement, Council or special magistrate as soon as possible to address the conditions of the property. Nothing herein shall limit the Borough from abating any nuisance or unsafe condition by any other legal means available to it.
b. 
The Sheriff, code enforcement, Council or special magistrate shall have the authority to require the mortgagee or owner affected by this section to implement additional maintenance and/or security measures 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 Sheriff, code enforcement, Council or special magistrate may direct the Borough to abate the violations and charge the mortgagee or owner with the cost of the abatement.
d. 
If the mortgagee or owner does not reimburse the Borough for the cost of temporarily securing the property, or of any abatement directed by the Sheriff, code enforcement officer, code enforcement, Council or special magistrate, within 30 days of the Borough sending the mortgagee or owner the invoice then the Borough may lien the property with such cost, along with an administrative fee as determined in the Borough's fee ordinance to recover the administrative personnel services. In addition to filing a lien the Borough may pursue financial penalties against the mortgagee or owner.
e. 
The Borough may contract with an entity to implement this section, and, if so, any reference to the enforcement officer herein shall include the entity the Borough contract with for that purpose.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
Whoever opposes obstructs or resists any enforcement officer or any person authorized by the 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.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
Any enforcement officer or any person authorized by the Borough to enforce the sections 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.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
a. 
Unless otherwise provided for in this section, a violation of this section is declared unlawful.
b. 
A responsible party that violates any provision of this section or any ordinance adopted pursuant hereto shall be liable to a penalty of not less than $500 and not more than $1,000; which penalty may continue to be imposed and collected.
c. 
Each day that a violation continues shall constitute an additional, separate, and distinct offense.
[Added 11-8-2019 by Ord. No. 30-2019; amended 8-16-2022 by Ord. No. 18-2022]
Registration fees and penalties outlined in this section may be modified by resolution, administrative order, or an amendment to this section, passed and adopted by the Council.