[1985 Code § 8-1.1; Ord. No. 2004-03 § 1]
a.
There is hereby established in the Borough of East Newark a "State
Uniform Construction Code" Enforcing Agency to include fines and penalties,
(N.J.S.A. 52:27D-119 et seq., N.J.A.C. 5:23-101 et seq.) to be known
as the "East Newark Construction Code Enforcement Department," consisting
of a Construction Official, Building Subcode Official, Assistant Building
Subcode Official, Plumbing Subcode Official, Electrical Subcode Official,
Fire Protection 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 department. All
subcode officials, their assistants and staff for the purposes of
the Regulations and its enforcement are subject to the procedures
and policies of the enforcing agency and are primarily responsible
to the Construction Official.
b.
The official positions as created by this section shall be as follows:
1.
Construction Official.
2.
Building Subcode Official.
(a)
The Assistant Building Subcode Official shall act in the capacity
of the Construction Official in his absence.
3.
Assistant Building Subcode Official.
4.
Plumbing Subcode Official.
5.
Fire Protection Subcode Official.
6.
Electrical Subcode Official: (To be performed by private third party
on-site inspection pending final determination by January 1, 1978).
c.
A central permit office, under the direction and supervision of the
Construction Official will be located in the Municipal Building, 34
Sherman Avenue, East Newark, New Jersey 07029, to be open during the
hours of 9:00 a.m. and 4:00 p.m. on normal business days of the Borough.
[New]
Appeals shall be heard by the County Construction Board of Appeals.
[Ord. No. 01-06 § 1; Ord. No. 11-09 §§ 1, 2]
The fee for a construction permit shall be the sum of the subcode
fees listed below, and shall be paid as follows before the permit
is issued:
|
Schedule of Construction Fees
| |
|---|---|
|
Building Subcode
| |
|
Minimum fee
|
$50
|
|
New construction, including additions, per cubic foot of volume
|
$0.030
|
|
Renovations, alterations, and repairs
| |
|
Up to first $50,000 in cost, per $1,000
|
$27
|
|
Additionally from $50,001 & including $100,000 in cost per
$1,000
|
$23
|
|
Additionally over $100,000 in cost, per $1,000
|
$19
|
|
Reroofing/Non-structural
|
$75
|
|
Building or Structural Demolition
| |
|
R-3/R-5 Use Groups, complete
|
$300
|
|
All other Use Groups, complete
|
$300
|
|
R-3/R-5 Use Groups, Interior only
|
$150
|
|
All other Use Groups, Interior only
|
$150
|
|
Garage or Accessory Building Demolition
| |
|
R-3/R-5 Use Groups
|
$150
|
|
All other Use Groups
|
$150
|
|
Moving of a Building
| |
|
Per $1,000 of estimated cost of work
|
$26
|
|
Asbestos Abatement Fee
| |
|
Construction Permit
|
$100
|
|
Lead Hazard Abatement
| |
|
Lead Hazard abatement work
|
$140
|
|
Lead abatement clearance certificate
|
$50
|
|
Swimming Pools
| |
|
Residential Above Ground
|
$50
|
|
Residential In Ground
|
$150
|
|
Commercial Above Ground
|
$150
|
|
Commercial In Ground
|
$400
|
|
Temporary Structures
| |
|
Sheds, each
|
$25
|
|
Houses and Construction Trailers
|
$100
|
|
Tents, each
|
$75
|
|
Signs
| |
|
Minimum Fee
|
$60
|
|
Note. Fee to be based on 1 side of double-sided sign
| |
|
$2 per square foot
| |
|
In case of a discontinuance of a building project, the plan
review fees are 2% of the cost of the permit fee and are Not Refundable.
| |
a.
The Borough hereby adopts and include the "State Uniform Construction
Code, fees," for Fire, Electric and Plumbing Sub-Codes, as provided
for in N.J.A.C. 5:23-4.20, in its entirety, as amended from time to
time.
b.
The Borough shall further receive an administrative fee equal to
35% of the applicable fee pursuant to N.J.A.C. 5:23-4.20 for Fire,
Electric and Plumbing Sub-Code fees, for administrative expenses and
educational requirements, in accordance with the aforementioned Code.
|
Elevator Fee
| |
|
The percentage of the current departmental fees pursuant to
N.J.A.C. 5:23-4.20(c)6 and 7 and N.J.A.C. 5:23-12.6(a)(b) and (c)
as established by the contract between the third party agency and
the Borough of East Newark.
| |
|
Certificate of Occupancy Fees
| |
|
New Construction
| |
|
Use Groups R-2, R-3 & R-5
|
$100
|
|
All other Use Groups
|
$200
|
|
Alterations/Renovations
| |
|
Use Groups R-2, R-3 & R-5
|
$50
|
|
All other Use Groups
|
$150
|
|
Sale or Transfer of Owner/Renter of Property
| |
|
Residential (per unit)
|
$50
|
|
Business/Mercantile
|
$200
|
|
All other Uses
|
$300
|
|
Change of Use Group
|
$160
|
|
Certificate of Continued Occupancy
|
$250
|
|
Temporary Certificate of Occupancy
|
$30
|
|
Asbestos Abatement Certificate of Occupancy
|
$20
|
|
Inspections and Permit Fees
| |
|
Mechanical Inspection
| |
|
Group R-3 or R-5
| |
|
First Device
|
$75
|
|
Each Additional
|
$10
|
|
New Jersey State permit surcharge fee
| |
|
As required by N.J.A.C. 5:23-4.19
| |
|
Reinstatement of lapsed permit
| |
|
Minimum of applicable subcode section
| |
|
Variation Fees
| |
|
In accordance with N.J.A.C. 5:23-2.10 shall be:
| |
|
Class I structures
|
$595
|
|
Class II and III structures
|
$120
|
|
For resubmission of an application:
| |
|
Class I structures
|
$140
|
|
Class II and III structures
|
$65
|
[Ord. No. 01-06 § 1]
a.
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.
b.
No disabled person, or a parent or sibling of a disabled person,
shall be required to pay any municipal fee or charge in order to secure
a construction permit for any construction, reconstruction, alteration
or improvement which promotes accessibility to his own living unit.
c.
For the purposes of this section, "disabled person" means a person
who has the total and permanent inability to engage in any substantial
gainful activity by reason of any medically determinable physical
or mental impairment, including blindness, and shall include but not
be limited to any resident of this State who is disabled pursuant
to the Federal Social Security Act, (42 U.S.C. § 416), or
the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231
et seq.) or is rated as having a 60% disability or higher pursuant
to any Federal law administered by the United States Veterans' Act.
For purposes of this subsection "blindness" means central visual acuity
of 20/200 or less in the better eye with the use of a correcting lens.
An eye which is accompanied by a limitation in the fields of vision
such that the widest diameter of the visual field subtends an angle
no greater than 20% shall be considered as having a central visual
acuity of 20/200 or less.
d.
No entity that is organized pursuant to the New Jersey Non Profit
Corporation Act. N.J.S.A. 15A:1 et seq., shall be charged enforcement
agency fees.
[1985 Code § 8-1.4]
a.
Fire limits shall be established pursuant to N.J.A.C. 5:23 by Ordinance
prior to July 1, 1977.
b.
The Construction Official shall prepare and submit to the Mayor and
Council biannually, a report reevaluating the delineation of the fire
limits. This report shall indicate the recommendations of the Construction
Official, the Building Subcode Official, and the Fire Subcode Official
regarding those areas which should be designated as within fire limits
and the reasons therefor.
[Ord. No. 2005-03 § 1]
Any tenant who receives a notice of eviction pursuant to N.J.S.A.
2A:18-61.2 that results from zoning or code enforcement activity for
an illegal occupancy, as set forth in N.J.S.A. 2A:18-61.1, shall be
considered a displaced person and shall be entitled to relocation
assistance in an amount equal to six times the monthly rental paid
by the displaced person. The owner-landlord of the structure shall
be liable for the payment of relocation assistance pursuant to this
section.
[Ord. No. 2005-03 § 2]
In addition to requiring payment from the owner-landlord of
the structure for relocation assistance paid to a displaced tenant,
the owner-landlord may be fined for zoning or housing code violation
for an illegal occupancy, up to an amount equal to six times the monthly
rental paid by the displaced person, to be paid to the Borough of
East Newark by the owner-landlord of the structure.
[Ord. No. 2005-03 § 3]
a.
In addition to the penalty, set forth in subsection 14-5.2, the Borough, after affording the owner-landlord an opportunity for a hearing on the matter, may impose upon the owner-landlord, for a second or subsequent violation for an illegal occupancy, a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the Borough of East Newark pursuant to the "Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The Municipal Court and Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19 and the payment of the fine shall be remitted to the appropriate school district.
b.
For the purposes of this section, the owner-landlord of a structure
shall exclude mortgages in possession of a structure through foreclosure.
For the purposes of this section, a "second or subsequent violation
for an illegal occupancy" shall be limited to those violations that
are new and are a result of distinct and separate zoning or code enforcement
activities, and shall not include any continuing violations for which
citations are issued by a zoning or code enforcement agent during
the time period required for summary dispossession proceedings to
conclude if the owner has initiated eviction proceedings in a court
of proper jurisdiction.
[Ord. No. 07-07 § 1]
No person shall lease or offer to lease, rent or offer to rent
or collect rent or lease payments, or permit the occupancy of any
illegal dwelling unit as defined herein.
[Ord. No. 07-07 § 2]
No person shall lease or offer to lease, rent or offer to rent
or collect rent or lease payments or permit the occupancy of any cubicle
as defined herein.
[Ord. No. 07-07 § 3]
An illegal dwelling unit for purposes of this section shall
be defined as one:
a.
For which no Certificate of Occupancy has been issued; or
b.
Which fails to meet the requirements of the State Tenant Housing
Law; or
c.
Which was created without the issuance of any necessary plumbing,
electrical, or building permits; or
d.
Which fails to meet the requirements of any applicable ordinance
governing minimum light, ventilation, floor area per occupant, ceiling
height, or other health or safety regulation.
[Ord. No. 07-07 § 4]
For purposes of this section, a "dwelling unit" is defined as
one or more rooms occupied or intended for occupancy as separate living
quarters for one family with access directly from the outside of the
building or through a common hall and; or which separate cooking,
sleeping and sanitary facilities are provided for the exclusive use
of the occupants.
[Ord. No. 07-07 § 5]
For purposes of this section, a "person" is defined as the fee
owner whether a natural person, corporation, or other entity, or any
other natural person, corporation or entity with authority to lease,
or rent or authorize occupancy derive from the fee owner.
[Ord. No. 07-07 § 6]
For purposes of this section, a "cubicle" is defined as one or more rooms occupied or intended for occupancy with sleeping facilities, but without one or more of the requirements of a "dwelling unit" as defined in subsection 14-6.4. In any dwelling unit a key entrance lock is only permitted for the primary and auxiliary entrances. No entry key locks are permitted within the dwelling on any other interior rooms.
[Ord. No. 07-07 § 7]
Any person who violates this section shall be subject to a fine
of up to $500 per day for each violation for each dwelling unit or
cubicle and/or 30 days in jail in the discretion of the Municipal
Court Judge.
[Ord. No. 07-07 § 8]
This section may be enforced by the East Newark Building Department
Official(s), the East Newark Fire Prevention Official(s) and any other
municipal official(s) authorized to enforce Borough Ordinances.
[Ord. No. 07-14 § 1]
The purpose of this section is to notify property owners, lien
holders and otherwise interested parties of properties within the
Borough of East Newark of the intent of the Borough to adopt the Abandoned
Property and Rehabilitation Act (N.J.S.A. 55:19-78 et seq.) its provisions,
procedures, authority and lawful remedies, empowering the Borough
and its officials to act under the authority of the same. This section
modifies the Abandoned Property Rehabilitation Act only for purposes
of notification, order and context and preserves all substantive rights
and obligation of the Act.
[Ord. No. 07-14 § 2]
Shall mean any person designated or appointed by the Mayor
or Borough Council to exercise the powers and authority prescribed
by this section.
[Ord. No. 07-14 § 3]
Except as provided in section 6 of P.L. 2003, c. 210 (c. 55:19-83),
any property that has not been legally occupied for a period of six
months and which meets any one of the following additional criteria
may be deemed to be abandoned property upon a determination by the
public officer that:
a.
The property is in need of rehabilitation in the reasonable judgment
of the public officer, and no rehabilitation has taken place during
that six-month period;
b.
Construction was initiated on the property and was discontinued prior
to completion, leaving the building unsuitable for occupancy, and
no construction has taken place for at least six months as of the
date of a determination by the public officer pursuant to this section;
c.
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes as of the date of a determination by the public officer pursuant to this section; or
d.
The property has been determined to be a nuisance by the public officer
in accordance with section 5 of P.L. 2003, c. 210 (C. 55:19-82).
A property which contains both residential and non-residential
space may be considered abandoned pursuant to P.L. 2003, c. 210 (C.
55:19-78 et al.) so long as two-thirds or more of the total net square
footage of the building was previously legally occupied as residential
space and none of the residential space has been legally occupied
for at least six months at the time of the determination of abandonment
by the public officer and the property meets the criteria of either
paragraph a or paragraph d of this subsection.
[Ord. No. 07-14 § 4]
A property may be determined to be a nuisance if:
a.
The property has been found to be unfit for human habitation, occupancy
or use pursuant to section 2 of P.L. 1942, c. 112 (C. 40:48-2.3);
b.
The condition and vacancy of the property materially increases the
risk of fire to the property and adjacent properties;
c.
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the Borough of East
Newark has secured the property in order to prevent such hazards after
the owner has failed to do so;
d.
The presence of vermin or the accumulation of debris, uncut vegetation
or physical deterioration of the structure or grounds have created
potential health and safety hazards and the owner has failed to take
reasonable and necessary measures to remove the hazards; or
e.
The dilapidated appearance or other condition of the property materially
affects the welfare, including the economic welfare, of the residents
for the area in close proximity to the property, and the owner has
failed to take reasonable and necessary measures to remedy the conditions.
A public officer who determines a property to be a nuisance
pursuant to paragraphs b through e of this subsection shall follow
the notification procedures set forth in P.L. 1942, c. 112 (C. 40:48-2.3
et seq.).
[Ord. No. 07-14 § 5]
a.
The Mayor or Borough Council may direct the public officer to identify
"abandoned property" for the purpose of establishing an abandoned
property list throughout the Borough, or within those parts of the
Borough as the Mayor or Borough Council may designate. Each parcel
so identified shall include the tax lot and block number, the name
of the owner of record, if known, and the street address of the lot.
b.
The public officer may add properties to the abandoned property list
at any time and alternatively may delete or remove properties from
the list at any time when the public officer finds that the property
no longer meets the criteria of an abandoned property.
c.
An abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of rehabilitation
work authorized by the permits. Removal of certain properties from
the abandoned property list may be performed in accordance with any
and all provisions of the Abandoned Property Rehabilitation Act, N.J.S.A.
55:1-78 et seq.
d.
The public officer shall establish the abandoned property list by
publication in an official newspaper of the Borough, which publication
shall constitute public notice, and, within 10 days after publication,
the public officer shall send a notice, by regular and certified mail,
return receipt requested, to the record owner of each and every property
included on the published list. The publication shall include the
name of the record owner, tax lot and block number and street address.
The public officer, in consultation with the Assessor shall also send
out notice by regular mail to any known mortgagee, servicing organization,
or property tax processing organization that regularly receives a
duplicate copy of the tax bill for the property. The mailed notice
shall indicate the factual basis for the public officer's determination
that the property is abandoned property specifying the rules and regulations
promulgated and the information relied upon in making such finding.
The public officer is further required to satisfy all other prescribed
notices and filings pursuant to the Abandoned Property Rehabilitation
Act and entitled to all other remedies and available procedures afforded
by same.
e.
An owner or lien holder may challenge the inclusion of his/her property
on the abandoned property list as authorized above by appealing that
determination to the public officer within 30 days of the owner's
receipt of the certified or regular mailed notice or 40 days from
the date upon which the notice was sent. An owner whose identity was
not known to the public officer shall have 40 days from the date upon
which notice was published or posted, whichever is the later to challenge
the inclusion of the property of the abandoned property list. For
good cause shown to the public, officer, a late challenge shall be
accepted by the public officer. Within 30 days of receipt of a challenge,
the public officer shall schedule a hearing for a redetermination
of the inclusion. Any property included on the list is presumed to
have satisfied the criteria for inclusion, and the burden is on the
property owner to submit the proper paperwork and/or testimony that
can demonstrate that the property was erroneously included on the
list. The affidavit or certification shall be accompanied by supporting
documentation; which may include but not be limited to, photographs,
and repair invoices, bills and construction contracts. The sole ground
for appeal shall be the property in question is not abandoned property.
The public officer shall promptly, by certified mail, return receipt
requested, and by regular mail notify the property owner of the decision
and the reasons therefore.
f.
The owner or lien holder may challenge an adverse determination of
an appeal with the public officer pursuant to paragraph f of this
subsection by instituting, in accordance with the New Jersey Court
Rules, a summary proceeding in the Superior Court, Law Division, sitting
in the county in which the property is located, which action shall
be tried de novo. Such action shall be instituted within 20 days of
the date of the notice of decision mailed by the public officer pursuant
to paragraph f of this subsection. The sole ground for appeal shall
be that the property in question is not abandoned property as the
term is defined in section 35 of P.L. 1996, c. 62 (c. 55:19-54). The
failure to institute an action of appeal on a timely basis shall constitute
a jurisdictional bar to challenging the adverse determination, except
that, for good cause shown, the court may extend.
[Ord. No. 07-14 § 6]
a.
If an entity other than the Borough of East Newark has purchased or taken assignment for the Borough of a tax sale certificate on a property that has not been legally occupied for a period of six months, that property shall not be placed on the abandoned property list pursuant to section 36 of P.L. 1996, ca.) If an entity other than the Borough of East Newark has purchased or taken assignment for the Borough of a tax sale certificate on a property that has not been legally occupied for a period of six months, that property shall not be placed on the abandoned property list pursuant to section 36 of P.L. 1996, c. 62 (C. 55:19-55) if (1) the owner of the certificate has continued to pay all Borough of East Newark taxes and liens on the property in the tax year when due; and (2) the owner of the certificate takes action to initiate foreclosure proceeding within six months after the property is eligible for foreclosure pursuant to either subsection a or subsection b of R.S. 54:5-86, as appropriate, and diligently pursues foreclosure proceedings in a timely fashion thereafter.
b.
A property which is used on a seasonal basis shall be deemed to be
abandoned only if the property meets any two of the additional criteria
set forth in section 4 of P.L. 2003, c. 210(c. 55:19-81).
c.
A determination that the property is abandoned property under the
provisions of P.L. 2003, c. 210 (C. 55:19-78 et al.) shall constitute
a finding that the use of the property has been abandoned for purposed
of municipal zoning or land use regulation.
d.
Upon request of a purchaser or assignee of a tax sale certificate seeking to bar the right of redemption on an abandoned property pursuant to subsection b of R.S. 54:5-86, the public officer or the tax collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of abandoned according to the criteria set forth in sections 4 and 5 of P.L. 2003, c. 210 (C. 55:19-81 and C. 55:19-82).
[Ord. No. 07-14 § 7]
a.
An owner may remove a property from the list of abandoned properties
prior to sale of the tax sale certificate by paying all taxes and
Borough liens due, including interest and penalties, and:
1.
By posting cash or a bond equal to the cost of remediating all conditions
because of which property has been determined to be abandoned pursuant
to section 36 of P.L. 1996, c. 62 (C. 55:19-55) an depositing cash
or a bond to cover the cost of any environmental cleanup required
on the property, evidenced by a certification by a licensed engineer
retained by the owner and reviewed and approved by the public officer
stating that the cash or bond adequately covers the cost of the cleanup;
or
2.
By demonstrating to the satisfaction of the public officer that the
conditions rendering the property abandoned have been remediated in
full; provided, however, that where conditions because of which that
property was determined to abandoned pursuant to section 36 of P.L.
1996, c. 62 (C. 55:19-55), as evidenced by significant rehabilitation
activity on the property, the public officer may grant an extension
of time of not more than 120 days for the owner to complete all work,
during which time no further proceeding will be taken against the
owner of the property.
b.
If the owner has posted cash or a bond in order to have a property
removed from the abandoned property list and the conditions because
of which the property was determined to be abandoned have not been
fully remediated within one year of the date of posting the cash or
bond, or, in the case of a property which requires a remediation of
any known, suspected or threatened release of contaminants, if the
owner has failed to enter into a memorandum of agreement with the
Department of Environmental Protection or an administrative consent
order, remediation in conformance with the agreement or order, then
the cash or bond shall be forfeited to the Borough which shall use
the cash or bond and any interest which has accrued thereon for the
purpose of demolishing or rehabilitating the property or performing
the environmental remediation. Any funds remaining after the property
has been demolished, rehabilitated or cleaned up shall be returned
to the owner.
[Ord. No. 18-16]
It is the purpose and intent of the Municipality to establish
a process to address the deterioration and blight of Municipality
neighborhoods caused by an increasing amount of abandoned, foreclosed
or distressed real property located within the Municipality, and to
identify, regulate, limit and reduce the number of abandoned properties
located within the Municipality. It is the Municipality's further
intent to participate in the County-wide registration program established
by Hudson County and administered by Community Champions Corporation
as a mechanism to protect neighborhoods from becoming blighted due
to the lack of adequate maintenance and security of abandoned and
foreclosed properties.
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.
Means any real property located in the municipality, whether
vacant or occupied, that is in default on a mortgage, has had a lis
pendens filed against it by the Lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the Lender, is subject
to an application for a tax deed or pending tax assessors lien sale,
or has been transferred to the Lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned" shall remain in place
until such time as the property is sold or transferred to a new owner,
the foreclosure action has been dismissed, and any default on the
mortgage has been cured.
Means a property that is accessible through a comprised/breached
gate, fence, wall, etc. or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Means to include, but not be limited to, the Municipality's
Zoning Code, the Municipality's Code of Ordinances ("Municipality
Code"), and the New Jersey Building Code.
Means:
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Municipal
Code; or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lack maintenance
as required by the Municipality and Zoning Codes.
Means any law enforcement officer, building official, zoning
inspector, code enforcement officer, fire inspector or building inspector,
or other person authorized by the Municipality to enforce the applicable
code(s).
Means any person, legal entity or other party having any
ownership interest whether legal or equitable, in real property. This
term shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
Means a local property manager, property Maintenance Company
or similar entity responsible for the maintenance of abandoned real
property.
Means any building or structure that is not legally occupied.
This Section 14-8 shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather be an additional remedy available to the Municipality above and beyond any other state, county or local provisions for same.
Pursuant to the provisions of this Section 14-8, the Municipality or designee shall participate in the County-wide registration program established by Hudson County and administered by Community Champions Corporation cataloging each Abandoned Property within the Municipality, containing the information required by this section.
a.
Any mortgagee who holds a mortgage on real property located within
the Borough of East Newark shall perform an inspection of the property
to determine vacancy or occupancy, upon default by the mortgagor.
The mortgagee shall, within 10 days of the inspection, register the
property with the Division of Code Enforcement, or designee, on forms
or website access provided by the Municipality, and indicate whether
the property is vacant or occupied. A separate registration is required
for each property, whether it is found to be vacant or occupied.
b.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee or his designee monthly until the mortgagor or other
party remedies the default, or it is found to be vacant or shows evidence
of vacancy at which time it is deemed abandoned, and the mortgagee
shall, within 10 days of that inspection, update the property registration
to a vacancy status on forms provided by the Municipality.
c.
Registration pursuant to this section shall contain the name of the
mortgagee and the servicer, the direct mailing address of the mortgagee
and the servicer, a direct contact name and telephone number for both
parties, facsimile number and e-mail address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property.
d.
A non-refundable semi-annual registration fee in the amount of $500
per property, shall accompany the registration form or website registration.
e.
All registration fees must be paid directly from the Mortgagee, Servicer,
Trustee, or Owner. Third Party Registration fees are not allowed without
the consent of the Municipality and/or its authorized designee.
f.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
g.
Properties subject to this section shall remain under the semi-annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain vacant or in default.
h.
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
i.
Failure of the mortgagee and/or owner to properly register or to
modify the registration form from time to time to reflect a change
of circumstances as required by this section is a violation of the
section and shall be subject to enforcement.
j.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the Municipality
may take the necessary action to ensure compliance with and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance.
a.
Properties subject to this section shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state or local law discarded personal items including,
but not limited to, furniture, clothing, large and small appliances,
printed material or any other items that give the appearance that
the property is abandoned.
b.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
c.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
d.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
e.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
f.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
g.
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or Notice of Violation in accordance with Chapter 1 of the Revised General Ordinances of the Borough of East Newark. Pursuant to a finding and determination by the Municipality's Code Enforcement Officer, Hearing Officer/Special Magistrate or a court of competent jurisdiction, the Municipality 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).
a.
Properties subject to this section shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
b.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
c.
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this section, and any other applicable laws.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the Municipality.
Any person who shall violate the provisions of this Section 14-8 may be cited and fined as provided in Chapter 1 of the Revised General Ordinance of the Borough of East Newark and the New Jersey Statutes. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the Municipal Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant Municipal Code section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within.
|
$500
|
Adherence to this Section 14-8 does not relieve any person, legal entity or agent from any other obligations set forth in any applicable code(s), which may apply to the property. Upon sale or transfer of title to the property, the owner shall be responsible for all violations of the applicable code(s) and the owner shall be responsible for meeting with the Municipal Code Enforcement Division within 45 days for a final courtesy inspection report.
a.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this section is posing a serious threat
to the public health safety and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the Municipal Code
Enforcement Board or Code Enforcement Magistrate as soon as possible
to address the conditions of the property.
b.
The Code Enforcement Board or Hearing Officer/Special Magistrate
shall have the authority to require the mortgagee and/or owner of
record of any property affected by this section, to implement additional
maintenance and/or security measure including, but not limited to,
securing any and all doors, windows or other openings, employment
of an on-site security guard or other measures as may be reasonably
required to help prevent further decline of the property.
c.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Board or Special Magistrate may direct the Municipality
to abate the violations and charge the mortgagee with the cost of
the abatement.
d.
If the mortgagee does not reimburse the Municipality for the cost
of temporarily securing the property, or of any abatement directed
by the Code Enforcement Board or Special Magistrate, within 30 days
of the Municipality sending the mortgagee the invoice then the Municipality
may lien the property with such cost, along with an administrative
fee of $500 to recover the administrative personnel services.
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.
Any enforcement officer or any person authorized by the Municipality
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.
Registration and penalty fees outlined in this section may be
modified by a Resolution, passed and adopted of the Borough Council
of the Borough of East Newark.
[Ord. No. 07-16]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this section, shall have
the following meaning:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner of this article. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey,
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
Any apartment, cottage, bungalow, any room or rooms in a
rooming/boarding house or other dwelling unit, consisting of one or
more rooms occupying all or part of a floor in a building, whether
designed with or without housekeeping facilities for dwelling purposes
and notwithstanding whether the apartment be designed for residence,
for office or the operation of any industry or business or for any
other type of independent use. Each unit shall contain no more than
one kitchen or cooking facility.
Any room or rooms or suite or apartment, including any room
or rooms in a room/boarding house, whether furnished or unfurnished,
which is occupied or intended, arranged or designed to be occupied
for sleeping or dwelling purposes by one or more persons, including
but not limited to the owner thereof or any of his servants, agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with use
or occupancy thereof.
The license issued by the Borough Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this section.
The person to whom the license is issued pursuant to this
section. The term "licensee" includes within its definition the term
agent, where applicable.
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust who owns, operates, exercises
control over or is in charge of a rental facility.
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein. A person may have only one primary
residence in the Borough.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Occupied by any person or persons other than the owner, regardless
or whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
Every building, group of buildings or a portion thereof consisting
of less than three dwelling units and has sleeping facilities for
less than 25 occupants, kept, used, maintained, advertised or held
out to be a place where living accommodations are supplied, whether
furnished or unfurnished.
A dwelling unit which is available by lease, rental or otherwise,
to persons other than the owner. Rental unit shall not include that
portion of a rental facility or dwelling unit that is owner-occupied.
Occupancy of the unit by one or more tenants.
Occupant in a unit other than the owner.
All rental units, as defined in subsection 14-9.2, except for any building or buildings or structure comprising more than 20 dwelling units or apartments, shall hereafter be registered with the Borough Clerk or designee of the Borough of East Newark, on forms which shall be provided for that purpose, and which shall be obtained from the Borough Clerk or designee. Such registration shall occur or an annual basis as provided herein.
Each rental unit shall be registered initially, yearly and with
each change of occupancy. The license term shall commence on January
1, 2017, and shall be valid for a calendar year, at which time it
shall expire and a new registration shall be required. All rental
units must file an initial registration which shall be submitted on
or before August 15,2017.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8- 28, all rental units shall be registered and licensed
as provided herein. Every owner shall file with the Borough Clerk
or designee of the Borough of East Newark a registration form for
each unit contained within a building or structure, which shall include
the following information:
a.
The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business, if not the
same persons. In the case of a partnership, the name and addresses
of all general partners shall be provided, together with the telephone
numbers for each of such individuals where such individual may be
reached both during the day and evening hours.
b.
If the address of any record owner is not located in East Newark
or in Hudson County, the name and address of a person who resides
in Hudson County and who is authorized to accept notices from a tenant
and to issue receipts therefor and to accept service of process on
behalf of the record owner.
c.
The name and address of the agent of the premises, if any.
d.
The name and address, including the dwelling unit number, of the
superintendent, janitor, custodian or other individual employed by
the owner or agent to provide regular maintenance service, if any.
e.
The name, address and telephone number of an individual representative
of the owner or agent or the owner, if domiciled in Hudson County,
who may be reached or contacted at any time in the event of emergency
affecting the premises or any unit of dwelling space therein, including
such emergencies as the future of any essential service or system,
and who has the authority to make emergency decisions concerning the
building and any repair thereto or expenditure in connection therewith.
f.
The name and address of every holder of a recorded mortgage on the
premises.
g.
If fuel oil is used to heat the building, the name and address of
the fuel oil dealer servicing the building and the grade of the fuel
oil used.
h.
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirement
of this provision, an owner shall submit a floor plan, which shall
become part of the application and which shall be attached to the
registration form when filled by the Borough Clerk or designee.
i.
The names, age and gender of each tenant who is to occupy the dwelling
unit.
j.
Such other information as may be prescribed by the Borough of East
Newark.
k.
The Borough Clerk or designee shall index and file the registration
forms. In doing so, The Borough Clerk or designee shall follow the
mandates of N.J.S.A. 46:8- 28.1, as amended, so that the filing of
the registration form will simultaneously satisfy the registration
requirements of N.J.S.A. 46:8-28 to the extent that it applies to
the property being registered, and will also satisfy the registration
requirements of this section. The owner shall post the certificate
of inspection or license.
Every person required to file a registration form pursuant to
this section shall file an amended registration form within 20 days
after any change in the information to be included thereon. No fee
required for the filling of an amendment, except where the ownership
of the premises is changed.
a.
Each rental unit shall be inspected at least once a year.
b.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough of East Newark, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Borough of East Newark shall not
be used as a valid substitute.
c.
Such inspection shall be for the purpose of determining zoning ordinance
compliance, and to the extent applicable, to determine if the property
complies with the Property Maintenance Code, BOCA Maintenance Code
and Housing Code and/or Uniform Fire Safety Act.
d.
Unsatisfactory inspection. In the event that the inspection(s) of
a rental unit does not result in a satisfactory inspection, such property
shall not thereafter be registered, nor shall a license issue, and
the owner of the property or his agent shall not lease or rent such
property, nor shall any tenant occupy the property, until the necessary
corrections have been made so as to bring the property and rental
unit into compliance with the applicable code, and the property is
thereafter subsequently inspected, registered and licensed. In the
event that the property is occupied when such conditions are discovered,
all such corrections shall be made within 30 days, and, if not made
within that time period, the owner shall be deemed in violation of
this section, and, every day that the violation continues shall constitute
a separate and distinct violation, subject to the penalty provisions
of subsection 14-9.15 of this section. The owner, however, shall be
permitted to apply for extension of time to make repairs or corrections
so as to comply with this section, for good cause shown, provided
that such extension shall not exceed 30 days.
a.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming/boarding houses in order that they may promote the purposes
of this article to safeguard the health, safety and welfare of the
occupants of rental facilities, rental units and rooming/boarding
houses and of the general public. For the purposes of making such
inspections, the inspecting officers are hereby authorized to enter,
examine and survey rental facilities, rental units and rooming/boarding
houses at all reasonable times. The owner or occupant of every rental
facility, rental unit and rooming/boarding house shall give the inspecting
officer free access to the rental facility, rental unit and rooming/boarding
house at all reasonable times for the purpose of such inspections,
examinations and surveys.
b.
Every occupant shall give the owner of the rental facility, rental
unit and rooming/boarding house access to any part of such rental
facility, rental unit and rooming/boarding house at all reasonable
times for the purpose of making such repairs or alternations, as are
necessary, to effect compliance with the provisions of this section
or any lawful order issued pursuant thereto.
c.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this section, an inspecting officer shall conduct an
inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
East Newark, which is not registered and licensed in accordance with
this section.
Upon the filing of a completed registration form and payment
of the prescribed fee and a satisfactory inspection, the owner shall
be entitled to the issuance of a license commencing on the date of
issuance and expiring on December 31 of the calendar year. A registration
form shall be required for each rental unit, and license shall issue
to the owner for each rental unit, if more than one rental unit is
contained in the property.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
section. This particular provision shall not apply to any hotel, motel
or guesthouse registered with the State of New Jersey, pursuant to
the Hotel and Multiple Dwelling Act, as defined in N.J.S.A. 55:13A-3.
This provision may be complied with by posting a copy of the registration
certificate in conspicuous place within the rental unit(s).
a.
The maximum number of occupants, as determined by the Construction
Code Official, shall be posted in each rental unit. It shall be unlawful
for any person, including the owner, agent, tenant or registered tenant,
to allow a greater number of persons than the posted maximum number
of occupants to sleep in or occupy overnight the rental unit for a
period exceeding 29 days. Any person violating this provision shall
be subject to the penalty provisions of subsection 14-9.15.
b.
Only those occupant's whose names are on file with the Borough of
East Newark, as required in this section, may reside in the licensed
premises. It shall be unlawful for any other person to reside in said
premises, and any owner, agent, tenant or registered tenant allowing
a nonregistered party to reside in said premises shall be in violation
of this section and shall be subject to the penalty provisions of
subsection 14-9.15.
No rental unit may be registered and no license shall issue
for a property containing a rental unit unless all municipal taxes,
water and sewer charges and any other municipal assessments are paid
on a current basis.
a.
Occupants. Only those occupants whose names are on file with the
Borough Clerk, as provided in this section, may reside in the licensed
premises. It shall be unlawful for any other person to reside in said
premises, and this provision may be enforced against the landlord,
tenant or other person residing in said premises.
b.
Nuisance prohibited. No rental facility shall be conducted in a manner
which shall result in any unreasonable disturbance or disruption to
the surrounding properties and property owners or the public in general,
such that it shall constitute a nuisance, as defined in the ordinances
of the Borough of East Newark.
c.
Compliance with other laws. The maintenance of all rental facilities
and the conduct engaged in upon the premises by occupants and their
guests shall at all times be in full compliance with all applicable
ordinances and regulations of the Borough of East Newark and with
all applicable state and federal laws.
d.
Penalties. Any landlord, tenant or other person violating the provisions
of this section shall be subject to the penalty provisions of subsection
14-9.15.
a.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the license issued
hereunder upon the happening of one or more of the following:
1.
Conviction of a violation of this section in the Municipal Court
or any other court of competent jurisdiction.
2.
Determination of a violation of this section at a hearing held pursuant
to subsection paragraph b herein.
3.
Continuously renting the unit or units to tenants who are convicted
of a violation of the Borough's Noise Ordinance.
4.
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this section.
5.
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to person or property.
b.
Procedure; written complaint; notice; hearing.
1.
A complaint seeking the revocation or suspension of a license may
be filed by any one or more of the following: Chief of Police, Construction
Code Official, or any other persons or office authorized to file such
a complaint. Such complaint shall be in writing and filed with the
Borough Clerk or designee. The complaint shall be specific and shall
be sufficient to apprise the licensee of the charges so as to permit
the licensee to present a defense. The individual(s) filling the complaint
may do so on the basis of information and belief, and need not rely
on personal information.
2.
Upon the filing of such written complaint, the Borough Clerk or designee
shall immediately inform the Borough Council, and a date for a hearing
shall be scheduled, which shall not be sooner than 10 nor more than
30 days thereafter. The Borough Clerk or designee shall forward a
copy of the complaint and a notice, as to the date of the hearing,
to the licensee and the agent, if any, at the address indicated on
the registration form. Service upon the agent shall be sufficient.
3.
The hearing required by this subsection shall be held before the
Mayor and Borough Council, unless, in its discretion, the Mayor and
Borough Council determines that the matter should be heard by a hearing
officer, who shall be appointed by the Mayor and Borough Council.
If the matter is referred to a hearing officer, such officer shall
transmit his findings of fact and conclusions of law to the Mayor
and Borough Council within 30 days of the conclusion of the hearing.
The Mayor and Borough Council shall then review the matter and may
accept, reject or modify the recommendations of the hearing officer
based on the record before such hearing officer. In the event that
the matter is not referred to a hearing officer and is heard by the
Mayor and Borough Council, then the Mayor and Borough Council shall
render a decision within 30 days of the conclusion of the hearing.
Following the hearing, a decision shall be rendered dismissing the
complaint, revoking or suspending the license or determining that
the license shall not be renewed or reissued for one or more subsequent
license years.
4.
A stenographic transcript shall be made of the hearing. All witnesses
shall be sworn prior to testifying. The strict rules of evidence shall
not apply, and the evidential rules and burden of proof shall be that
which generally controls administrative hearings.
5.
The Borough Attorney or his designee shall appear and prosecute on
behalf of the complainant in all hearings conducted pursuant to this
section.
c.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action involving a rental license
by demonstrating that the owner has taken appropriate action and has
made a good faith effort to abate the conditions or circumstances
giving rise to the revocation proceeding, including but not limited
to the institution of legal action against the tenant(s), occupant(s)
or guests for recovery of the premises, eviction of the tenant(s)
or otherwise.
a.
Any person violating or failing to comply with any provision of this
section shall, upon conviction thereof, be punishable by a fine of
no less than $100 and no more than $1,250, by imprisonment not to
exceed 90 days, or by community service of not more than 90 days,
or any combination of fine, imprisonment and community service, as
determined in the discretion of the Municipal Court Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
b.
The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
[Added 8-12-2020 by Ord. No. 10-2020]
It is the purpose and intent of the Mayor and Council to establish
a process to address the deterioration, crime, and decline in value
of Borough of East Newark neighborhoods caused by property with foreclosing
or foreclosed mortgages located within the Borough of East Newark,
and to identify, regulate, limit and reduce the number of these properties
located within the Borough of East Newark. 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 and declined property values, and have a negative impact
on social perception of the residential areas where they are located.
It is the Mayor and 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.
The following words, terms, and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning.
Shall mean that the mortgagor has not complied with the terms
of the mortgage on the property, or the promissory note, or other
evidence of the debt, referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Borough of East Newark to enforce the applicable
code(s).
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, passers-by,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
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.
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 as the assignee
or 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 chapter; 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.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this section.
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 of East Newark limits.
Any real property located in the Borough of East Newark, 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 judgement
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
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
A web-based electronic database of searchable real property
records, used by the Borough of East Newark to allow mortgagees and
owners the opportunity to register properties and pay applicable fees
as required in this section.
Six months from the date of the first action that requires
registration, as determined by the Borough of East Newark, or its
designee, and every subsequent six months. The date of the initial
registration may be different than the date of the first action that
required registration.
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 of East Newark codes. This includes, but is not limited
to, electrical, gas, water, sewer, lawn maintenance, pool maintenance,
and snow removal.
Any parcel of land in the Borough of East Newark that contains
any building or structure that is not lawfully occupied.
This section applies to foreclosing, foreclosed, and vacant
property within the Borough of East Newark.
Pursuant to the provisions of this section, the Borough of East
Newark, or its designee, shall establish a registry cataloging each
registrable property within the Borough of East Newark, containing
the information required by this section.
a.
Any mortgagee
who holds a mortgage on real property located within the Borough of
East Newark shall perform an inspection of the property upon default
by the mortgagor as evidenced by the filing of a foreclosure action.
b.
Property inspected pursuant to Subsection a above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
c.
Within
10 days of the date any mortgagee files a foreclosure action, the
mortgagee shall register the real property with the Borough of East
Newark Registry, and, at the time of registration, indicate whether
the property is vacant, and if so shall designate in writing a property
manager to inspect, maintain, and secure the real property subject
to the mortgage under a foreclosure action when legally possible.
A separate registration is required for each property under a foreclosure
action, regardless of whether it is occupied or vacant.
d.
Initial
registration pursuant to this section shall contain at a minimum the
name of the mortgagee, the mailing address of the mortgagee, e-mail
address, telephone number and name of the property manager and said
person's address, e-mail address, and telephone number.
e.
At the
time of initial registration, each registrant shall pay a nonrefundable
semiannual registration fee of $500 for each property. Subsequent
nonrefundable semiannual renewal registrations of properties and fees
in the amount of $500 are due within 10 days of the expiration of
the previous registration. Said fees shall be used to offset the costs
of: (1) registration and registration enforcement, (2) code enforcement
and mitigation related to defaulted properties, (3) post-closing counseling
and foreclosure intervention limited to owner-occupied persons in
default, which may not include cash and mortgage modification assistance,
and (4) for any related purposes as may be adopted in the policy set
forth in this section. Said fees shall be deposited to a special account
in the Borough of East Newark's Finance Department dedicated to the
cost of implementation and enforcement of this section, and fulfilling
the purpose and intent of this section. None of the funds provided
for in this section shall be utilized for the legal defense of foreclosure
actions.
f.
Each
individual property on the registry that has been registered for 12
months or more prior to the effective date shall have 30 days to renew
the registration and pay the nonrefundable $500 semiannual registration
fee. Properties registered less than 12 months prior to the effective
date shall renew the registration every six months from the expiration
of the original registration renewal date and shall pay the nonrefundable
$500 semiannual registration fee.
g.
If the
mortgage and/or servicing on a registrable property is sold or transferred,
the new mortgagee is subject to all the terms of this section. Within
10 days of the transfer, the new mortgagee shall register the property
or update the existing registration. The previous mortgagee(s) will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the registrable property.
h.
If the
mortgagee sells or transfers the registrable property in a non-arm's-length
transaction to a related entity or person, the transferee is subject
to all the terms of this section. Within 10 days of the transfer,
the transferee shall register the property or update the existing
registration. Any and all previous unpaid fees, fines, and penalties,
regardless of who the mortgagee was at the time registration was required,
including, but not limited to, unregistered periods during the foreclosure
process, are the responsibility of the transferee and are due and
payable with the updated registration. The previous mortgagee will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the foreclosed property.
i.
If the
foreclosing or foreclosed property is not registered, or the registration
fee is not paid within 30 days of when the registration or renewal
is required pursuant to this section, a late fee equivalent to 10%
of the semiannual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration.
j.
This
section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
k.
Properties
subject to this section shall remain subject to the semiannual registration
requirement, and the inspection, security, and maintenance standards
of this section as long as the property remains registrable property.
l.
Failure
of the mortgagee and/or property owner of record to properly register
or to modify the registration to reflect a change of circumstances
as required by this section is a violation of this chapter and shall
be subject to enforcement by any of the enforcement means available
to the Borough of East Newark.
m.
If any
property is in violation of this section, the Borough of East Newark
may take the necessary action to ensure compliance with and/or place
a lien on the property for the cost of the outstanding obligation
and any additional cost incurred to the property into compliance.
n.
Registration
of foreclosure property does not alleviate the mortgagee and/or owner
from obtaining all required licenses, permits and inspections required
by applicable code or state statutes. Acquisition of required licenses,
permits and inspections or registration of rental property does not
alleviate the requirement for the property to be registered under
this section. Mortgagee and/or owner is expected to update the status
of the property in the event of a mortgagee-managed rental.
a.
Any owner
of vacant property located within the Borough of East Newark shall,
within 10 days after the property becomes vacant, register the real
property with the Borough of East Newark Registry.
b.
Initial
registration pursuant to this section shall contain at a minimum the
name of the owner, the mailing address of the owner, e-mail address
and telephone number of the owner, and if applicable, the name and
telephone number of the property manager and said person's address,
e-mail address, and telephone number.
c.
At the
time of initial registration, each registrant shall pay a nonrefundable
semiannual registration fee of $500 for each vacant property. Subsequent
nonrefundable semiannual renewal registrations of vacant properties
and fees in the amount of $500 are due within 10 days of the expiration
of the previous registration. Said fees shall be used to offset the
costs of: (1) registration and registration enforcement, (2) code
enforcement and mitigation related to vacant properties, and (3) for
any related purposes as may be adopted in the policy set forth in
this section. Said fees shall be deposited to a special account in
the Borough of East Newark's Finance Department dedicated to the cost
of implementation and enforcement of this section, and fulfilling
the purpose and intent of this section.
d.
Each
individual property on the Registry that has been registered for 12
months or more prior to the effective date shall have 30 days to renew
the registration and pay the nonrefundable $500 semiannual registration
fee. Properties registered less than 12 months prior to the effective
date shall renew the registration every six months from the expiration
of the original registration renewal date and shall pay the $500.
e.
If the
property is sold or transferred, the new owner is subject to all the
terms of this section. Within 10 days of the transfer, the new owner
shall register the vacant property. The previous owner(s) will not
be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that owner's involvement
with the vacant property.
f.
If the
vacant property is not registered, or either the registration fee
or the semiannual registration fee is not paid within 30 days of when
the registration or semiannual registration is required pursuant to
this section, a late fee equivalent to 10% of the semiannual registration
fee shall be charged for every thirty-day period, or portion thereof,
the property is not registered and shall be due and payable with the
registration. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
g.
Properties
subject to this section shall remain subject to the semiannual registration
requirement, and the inspection, security, and maintenance standards
of this section as long as the property is vacant.
h.
Failure
of the owner to properly register or to modify the registration to
reflect a change of circumstances as required by this section is a
violation of this chapter and shall be subject to enforcement by any
of the enforcement means available to the Borough of East Newark.
i.
If any
property is in violation of this section, the Borough of East Newark
may take the necessary action to ensure compliance with and place
a lien on the property for the cost of the outstanding obligation
and any additional cost incurred to the property into compliance.
j.
Properties
registered as a result of this section are not required to be registered
again pursuant to the foreclosure mortgage property section.
a.
Properties
subject to this chapter 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 of East Newark.
Pursuant to a finding and determination by either the Borough of East
Newark's Borough Administrator (or his designee), or Director of the
Department of Construction Code Enforcement (or his designee), or
Police Chief (or his designee), Municipal Court Judge or a court of
competent jurisdiction, the Borough of East Newark 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 of East Newark.
a.
Properties
subject to this 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 reglazing 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 of East Newark.
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 of East Newark, 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
of East Newark. The Borough of East Newark may take the necessary
action to ensure compliance with this section, and recover costs and
expenses in support thereof.
The provisions of this section are cumulative with and in addition
to other available remedies. Nothing contained in this section shall
prohibit the Borough of East Newark 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.
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
of East Newark.
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, Mayor
and Council, Municipal Court or special magistrate as soon as possible
to address the conditions of the property. Nothing herein shall limit
the Borough of East Newark from abating any nuisance or unsafe condition
by any other legal means available to it.
b.
The
Borough Administrator (or his designee), Director of the Department
of Construction Code Enforcement (or his designee), Mayor and Council,
Municipal Court Judge 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 Borough
Administrator (or his designee), Director of the Department of Construction
Code Enforcement (or his designee), Mayor and Council, Municipal Court
Judge or special magistrate may direct the Borough of East Newark
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 of East Newark for
the cost of temporarily securing the property, or of any abatement
directed by the Borough Administrator (or his designee), Director
of the Department of Construction Code Enforcement (or his designee),
Mayor and Council, Municipal Court Judge or special magistrate, within
30 days of the Borough of East Newark sending the mortgagee or owner
the invoice, then the Borough of East Newark may lien the property
with such cost, along with an administrative fee as determined in
the Borough of East Newark's fee ordinance to recover the administrative
personnel services. In addition to filing a lien, the Borough of East
Newark may pursue financial penalties against the mortgagee or owner.
e.
The
Borough of East Newark 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 of East Newark contract with
for that purpose.
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.
Any Enforcement Officer or any person authorized by the Borough
of East Newark 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.
Unless otherwise provided for in this section, a violation of
this section is declared unlawful.
a.
Any
person violating or failing to comply with any provision of this section
shall, upon conviction thereof, be punishable by a fine of no less
than $100 and no more than $1,250, by imprisonment not to exceed 90
days, or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as determined in the
discretion of the Municipal Court Judge. The continuation of such
violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
b.
The
violation of any provision of this section shall be subject to abatement
summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
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 Mayor and Council.
It is hereby declared to be the intention of the Borough of
East Newark that the sections, paragraphs, sentences, clauses, and
phrases of this section are severable, and if any phrase, clause,
sentence, paragraph, or section of this section shall be declared
unconstitutional by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of
this section.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed and replaced.
It is the intention of the Mayor and Council that the provisions
of this section shall become and be made a part of the Borough of
East Newark Code of Ordinances; and that the sections of this section
may be renumbered or relettered to accomplish such intention, and
the word "ordinance" may be changed to "section," "chapter," or such
other appropriate word or phrase in order to accomplish such intentions.
This section shall become effective immediately upon adoption
