[Ord. #1977-8, § 1; Ord. #1996-11]
There is hereby established in the Township of Tabernacle a State Uniform Construction Code/Enforcing Agency to be known as The Construction Code Enforcement Agency, consisting of a Construction Official, 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 agency. The Fire Protection Subcode Official shall be appointed by the Township Committee from those persons recommended by the Fire Chief; all others shall be appointed by the Township Committee.
[Ord. #1977-8, § 2; Ord. #1978-5, § 1]
Each official position created in subsection 9-1.1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C.217 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.
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.
The Construction Board of Appeals for the Township of Tabernacle shall be the Board of Appeals established by the County of Burlington.
[Ord. #1977-8, § 3; Ord. #1978-5, § 2; Ord. #1984-12, § 1; Ord. #1996-11, § 1A; Ord. #2002-8, § 1]
The following general provisions for the Construction Offices in determining the estimated cost, an applicant shall include cost data by a recognized estimating firm, contractor or bona-fide contractor's bid, is hereby amended as established in Schedule E.
Editor's Note: Schedule E, referred to herein, may be found in Appendix A, Fee Schedule.
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Committee bi-annually, a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and The Regulations, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee of $.0006 per cubic foot of volume of new construction. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31, and June 30, and not later than one month next succeeding the end of the quarter for which it is due.
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year.
In the event that any inspection and/or plan review services are performed by a private agency rather than an appointed individual, the fees to be charged for the inspection and plan review services by the private agency shall be identical to those adopted and charged by the Department of Community Affairs when it serves as a local enforcement agency pursuant to Section 10 of P.L. 1975 c. 217 rather than those set forth above in paragraph a.
[Ord. #1977-8, § 4]
The following fire limits are established pursuant to N.J.A.C. 5:23.
The Construction Official shall prepare and submit to the Township Committee bi-annually, a report re-evaluating 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, with the reasons therefor.
[Ord. #21, § 1]
As used in this section:
- PUBLIC AUTHORITY
- Shall mean any housing authority or any officer who is in charge of any department or branch of the government of the Township, County or State relating to health, fire, building regulations, or to other activities concerning dwellings in the Township.
- Shall mean the holder of the title in fee simple.
- PARTIES IN INTEREST
- Shall mean all individuals, associations and corporations who have interests of record in a dwelling and any who are in possession thereof.
- Shall mean any building or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
[Ord. #21, § 2; Ord. #1977-11, § 1]
The Burlington County Health Department, acting through its officers, agents and employees, be and is hereby designated and appointed to exercise the powers prescribed by this ordinance and is hereinafter called the "Public Officer."
[Ord. #21, § 3]
Any dwelling within the Township of Tabernacle is hereby declared to be unfit for human habitation if conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the Township including, without limiting the generality of foregoing, defects therein increasing the hazards of fire, accident or other calamities, lack of adequate ventilation, light or sanitary facilities, dilapidation; disrepair, structural defects; uncleanliness or failure to conform to other laws of the State of New Jersey ordinances of this Township or of the local Board of Health of this Township regulating the safety and sanitation of dwellings.
[Ord. #1976-3, §§ 1—6; Ord. No. 1998-9]
Pursuant to the provision of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1) the "New Jersey State Housing Code" as approved by the Departments of Health and Environmental Protection and filed in the Secretary of State's Office is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the "New Jersey State Housing Code" so marked as to indicate plainly what portions thereof are intended to be adopted, and three copies of same, similarly marked, have been placed on file in the Office of the Township Clerk and are available to all persons desiring to use and examine the same.
Portions of Code Not Adopted.
Sections 6.1 and 10.5 in their entirety.
The portion of Section 8.1 reading: "located therein to a temperature of at least 70 degrees Fahrenheit when the outside temperature is zero degrees Fahrenheit. The temperature shall be read at a height of three feet above the floor level at the center of the room"
The portion of Section 10.1 reading: "and any exterior part or parts thereof subject to corrosion or deterioration shall be kept well painted."
The last two sentences of Section 10.7.
The portion of Section 12.14 reading: "to maintain therein a minimum inside temperature of 70 degrees Fahrenheit in all habitable rooms, bathrooms, and water closet compartments between the hours of 6:00 a.m. and 11:00 p.m. throughout the year."
The words "heat" and "adequate" immediately preceding the quoted portion are transposed so as to read "adequate heat" and are adopted.
Section 6.2 is adopted with the insertion of the phrase "where possible" at the end of the section and substitution of a comma for the present terminal period.
Section 6.3 is adopted with the insertion of the phrase "where electric service is available," inserted preceding the first word of the section and the reduction of the initial letter of the word to lowercase instead of capital.
Said Ordinance is further amended and supplemented by adding thereto the following sections:
Section 16 of said ordinance is amended to read as follows:
[Ord. #1977-8, § 4; Ord. No. 1998-9]
Whenever a petition is filed with the Township Committee by a public authority or by not less than five residents of the Township, charging that any dwelling located therein is unfit for human habitation, or whenever it appears to the Township Committee, from their own investigation, that any dwelling is unfit for human habitation, the Township Committee shall make a preliminary investigation of the charges if the basis of their action is a petition and if their preliminary investigation of the charges discloses a basis therefor or if their own investigation furnishes such a basis to them, issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint, stating the charges in that respect and containing a notice that a hearing will be held before the Township Committee at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint.
[Ord. #1977-8, § 5]
The owner and parties in interest shall have the right to file an answer to the complaint and to appear in person or by attorney and give testimony at the place and time fixed in said notice of hearing.
[Ord. #1977-8, § 6; Ord. No. 1998-9]
The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Township Committee.
[Ord. #1977-8, § 7; Ord. No. 1998-9]
At the time and place stated in the notice or at such time and place to which the hearing shall be adjourned, the Township Committee shall hold a hearing at which complainants, if any, and the owner and parties in interest and witnesses shall be heard and at which the Township Committee shall publicly state the results of their investigation.
[Ord. #1977-8, § 8; Ord. No. 1998-9]
If after such notice and hearing the Township Committee determines that the dwelling under consideration is unfit for human habitation, they shall state in writing their determination and findings of fact in support thereof and shall issue or cause to be served upon the owner thereof and parties in interest an order:
If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, requiring the owner (to the extent and within the time specified in the order) to repair, alter or improve the said dwelling to render it fit for human habitation or, at the option of the owner, to vacate and close the dwelling as a human habitation; or,
If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling requiring the owner (within the time specified in the order) to remove or demolish such dwelling.
[Ord. #21, § 9; Ord. No. 1998-9]
If the owner fails to comply with an order so issued by the Township Committee to repair, alter or improve, or, at the option of the owner to vacate and close the dwelling, the Township Committee may cause such dwelling to be repaired, altered or improved, or to be vacated and closed; the Township Committee may cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."
[Ord. #21, § 10; Ord. No. 1998-9]
If the owner fails to comply with an order to remove or demolish the dwelling, the Township Committee may cause such dwelling to be removed or demolished.
[Ord. #21, § 11; Ord. No. 1998-9]
The amount of such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition shall be a municipal lien against the real property upon which such cost was incurred. If the dwelling is removed or demolished by the Township Committee, the Committee shall sell the materials of such dwelling and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the Chancery Division of the Superior Court by the Township Committee, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order of judgment of such court.
[Ord. #27, § 8; Ord. No. 1998-9]
In addition to the powers in this section granted to the Township Committee, the Committee shall also have the following powers:
To investigate the dwelling conditions in the Township in order to determine which dwellings therein are unfit for human habitations:
To administer oaths. affirmations, examine witnesses and receive evidence.
To enter upon premises for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
To appoint and fix the duties of such officers, agents and employees as they deem necessary to carry out the purposes of the section.
[Ord. #21, § 12]
If the repair, alteration or improvement of the said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling requiring the owner (within the time specified in the order) to remove or demolish such dwelling.
[Ord. #21, § 13]
Nothing in this section shall be construed to impair or limit in any way the power of this Township to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
[Ord. #21, § 14; Ord. No. 1998-9]
The failure, neglect or refusal of any person to comply with any order made by the Township Committee pursuant to the provisions hereof or the hindrance by any person of the Township Committee in making any investigation under this section shall constitute a violation of this section.
[Ord. #21, § 15]
This section is adopted pursuant to the provisions of Chapter 112 of the Laws of 1942 of the State of New Jersey (R.S. 40:48-2.3 to R.D. 40:48-2.12, as amended and supplemented) and after the adoption by the Township Committee of said Township of a resolution, finding that there are dwellings in this Township unfit for human habitation, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, and other conditions rendering such dwellings unsafe or insanitary, or dangerous or detrimental to the health or safety and otherwise inimical to the welfare of the residents of this Township.
[Ord. #21, § 16]
[Ord. #1993-96, § 1]
As used in this section the words or phrases shall have the meaning indicated unless otherwise required by the context:
- Shall mean any street, road, highway, alleyway or avenue for the passage of motor vehicles and pedestrians, whether paved or unpaved, identified on the official tax map of the Township of Tabernacle and located within the Township borders.
- Shall mean and include all houses, dwellings, stores, business places and other buildings which front on any street in the Township.
[Ord. #1993-6, § 2]
The Township Committee or its delegate shall be authorized to name or change the name of streets within the Township and provide for the erection thereon of signs showing the names thereof and guideposts for travelers at the expense of the Township and shall provide for the identification of said streets on the official tax map of the Township. The names of the streets of the Township shall be as presently shown on the tax map except for the following name changes which shall be made thereon.
Any further street name changes may be made by the Township Committee by a resolution duly adopted setting forth such changes and authorizing the amendment of the tax map to reflect them.
Editor's Note: The name changes referred to herein may be found on file in the office of the Township Clerk attached to Ordinance No. 1993-6.
[Ord. #1993-6, § 3]
The Township Committee or its delegate shall plot on the tax map of the Township all the properties which now or hereafter front on any street and shall designate and assign a number therefor.
Address Requirements. The Township Committee or its delegate shall designate and assign an official address for all buildings which now or hereafter front on any street. The Township Committee or its delegate shall send each building owner or occupant a notice of the official address, which notice shall appear in substantially the following form:
House Numbering Requirements. The owner or occupant of any building for which an official number is designated shall be required at his own expense to place the official number on the structure or a post so that it is clearly visible from the street on which the building fronts.
If the official number cannot be displayed on the structure or a post so as to be clearly visible from the street, it shall be displayed at the end of the driveway to the building so that it is clearly visible from the street on which the building fronts.
Figures at least three (3") inches high shall be used to display the official number and all numbers shall be lighted or reflective.
Any person, firm or corporation failing to so number any building occupied by him, or if after receiving notice to do so from the Township Clerk shall continue in his failure to so number such building shall be fined one ($1.00) dollar for each day during or on which a failure to so number continues.
Mailbox Numbering Requirements. Buildings with rural mailboxes shall have the official number displayed on both sides of the mailbox.
The official number shall also be posted at the end of the driveway to the building so that it is clearly visible from the street.
Buildings with mailboxes clustered with others or on a street other than that on which the building fronts shall have the official street address displayed in one (1") inch lettering on the front door of the mailbox.
Upon any subdivision of land in the Township resulting in new streets and in lots other than those delineated on the tax map, the Township Committee or its delegate shall assign a name to each new street and a new number to each lot resulting from the subdivision which shall be in proper numerical sequence in relation to the numbers assigned to other lots fronting on the same street.
[Ord. #1987-4, § 1; Ord. #1992-2, § 1]
It shall be unlawful for any property owner in the Township of Tabernacle to sell, rent, lease and/or transfer title to any real property containing a residential building, unit or structure thereon without said structure or building containing the requisite number of smoke and fire detectors as required under applicable State Building and Fire Codes.
[Ord. #1987-4, § 2]
The Township of Tabernacle shall charge a reasonable inspection and certification fee in accordance with the time, efforts and costs involved in completing said inspection and in issuing said certification. The fee to be charged for this service shall be established annually by resolution by the Township Committee.
[Ord. #1987-4, § 3; Ord. No. 1998-9]
The Construction Code Official is empowered to administer and enforce the requirements of this section.
[Ord. #1987-4, § 4; Ord. No. 1998-9]
[Ord. #2003-6; Ord. #2005-4]
This section shall be known as the "Property Maintenance Code of the Township of Tabernacle" and may be referred to in this section as this "code".
[Ord. #2003-6; Ord. #2005-4]
Findings. It is hereby found and declared that there exists in the Township of Tabernacle structures used for residential and nonresidential use which are, or may become in the future, substandard with respect to structure, equipment or maintenance or further that such conditions, including but not limited to structural deterioration, lack of maintenance and appearance of exterior of premises, infestation, lack of maintenance or unkeep of essential utilities and facilities, existence of fire hazards and unsanitary conditions, constitute a menace to the health, safety, welfare and reasonable comforts of the citizens and residents of the Township of Tabernacle. It is further found and declared that, by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of creating blighting conditions, and that, if the same are not curtailed and removed, the conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that, by reason of timely regulations and restrictions as herein contained, the growth of blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
Purpose. The purpose of this code is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix the penalties for the violations of this code; and to provide for the repair, maintenance and abatement of nuisances on premises by the Township of Tabernacle. This code is hereby declared to be remedial and essential for the public interest, and it is intended that this code be liberally construed to effectuate the purposes as stated herein.
[Ord. #2003-6; Ord. #2005-4]
Whenever the words "accessory structure," "building," "dwelling," "premises," or "structure" are used in this code, they shall be construed, unless expressly stated to the contrary, to include the plurals of these words and as if they were followed by the words "or any part thereof."
The following terms wherever used herein or referred to in this code shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
- ACCESSORY STRUCTURE
- Shall mean a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
- BASEMENT OR CELLAR
- Shall mean any floor, any portion of which is more than twenty-four (24") inches below the adjacent grade level.
- Shall mean a combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business or storage purposes.
- Shall mean the condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
- Shall mean any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant, except that the foregoing shall not apply to hotels as defined in N.J.S.A. 29:2-1.
- ENFORCEMENT OFFICERS
- Shall mean all officials, officers or employees entrusted with the enforcement of the provisions of this code.
- EXPOSED TO PUBLIC VIEW
- Shall mean any premises or any part thereof or any building or any part thereof which may be lawfully viewed by the public from the public right-of-way including any sidewalk, street, alleyway, parking lot or from any adjoining or neighboring premises.
- EXTERIOR OF THE PREMISES
- Shall mean those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
- FIRE HAZARD
- (See also "nuisance.")
- Shall mean any thing or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire, or which may obstruct, delay or hinder or may become the cause of an obstruction, a delay, a hazard or a hindrance to the prevention, suppression or extinguishment of fire.
- Shall mean the presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
- Shall mean:
- 1. Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Township of Tabernacle.
- 2. Any attractive nuisance which may prove detrimental to the health and safety of children whether in a building, on the premises of a building or upon an unoccupied lot. This includes, but is not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes or refrigerators or other major appliances, abandoned or junk motor vehicles, any structurally unsound fences or structures, lumber, trash, fences or debris.
- 3. Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
- 4. Inadequate or unsanitary sewage or plumbing facilities in violation of Township ordinances.
- 5. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
- Shall mean any person living, occupying or having actual possession of a premises or a part thereof.
- Shall mean any person who has charge, care or control of a premises or a part thereof, whether with or without the knowledge and/or consent of the owner.
- Shall mean any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner or as fiduciary, including but not limited executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and/or assigned by said lessee.
- Shall mean a lot, plot or parcel of land, including the buildings or structures thereon.
- REGISTERED MAIL
- Shall mean registered mail or certified mail.
- SOLID WASTE
- Shall mean putrescible animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food, ashes, street cleanings, dead animals, abandoned automobiles, tires, and industrial wastes, paper, wrappings, cigarettes, tin cans, wood, bedding and similar materials.
- Shall mean combination of any materials, whether fixed or portable, forming a construction, including buildings.
- Shall mean supply and removal of air to and from any space by natural or mechanical means.
- Shall mean deterioration, decay or damage caused by exposure to the elements.
[Ord. #2003-6; Ord. #2005-4]
In General. This code shall be applicable to all buildings, every residential and nonresidential building and the premises on which it is situated in the Township, used or intended to be used for dwelling, commercial, business or industrial occupancy, which buildings shall comply with the provisions of this code, whether or not such building shall have been constructed, altered, or repaired before or after the enactment of this code, and irrespective of any permits, or licenses which shall have been issued for the use or occupancy of the building or for the installation or repair of equipment or facilities prior to enactment of this code. This code shall not apply to farm related buildings located on farmland-assessed property. This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in paragraph b.
Higher Standards to Prevail in Case of Conflict with Other Laws or Ordinances. In any case, where the provisions of this code impose a higher standard than set forth in any other ordinances of the Township or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this code impose a lower standard than any other ordinances of the Township or of the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
Enforcement of and Compliance with Other Ordinances. Compliance with this code shall not constitute a defense against any violation of any other ordinance of the Township applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any such other provision, nor any official of the Township from enforcing any such other provision.
[Ord. #2003-6; Ord. #2005-4]
Owner and Operator. Owners and operators shall have all the duties and responsibilities as prescribed in subsection 9-5.6 of this code and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
Occupant. Occupants shall have all the duties and responsibilities as prescribed in subsection 9-5.7 and all the regulations promulgated thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
Contract Not to Alter Responsibilities. Unless expressly provided to the contrary in this code, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by any agreement or contract by and between any of the aforesaid between them and the other parties.
[Ord. #2003-6; Ord. #2005-4]
Maintenance of Exterior of Premises Free of Hazards and Unsanitary Conditions. The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator.
It shall be the duty of the owner or operator to keep the premises reasonably free of hazards which include but are not limited to the enumerations and provisions in the following paragraphs.
Solid waste as defined in subsection 9-5.8. Brush, woods, broken glass, excavated stumps, roots, hazardous growths, filth, garbage, trash, refuse and debris.
Natural Growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons on nearby properties. There shall be kept pruned and trimmed to prevent such conditions.
Overhangings. Loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
Ground Surface Hazards or Unsanitary Conditions. Holes, excavations, breaks, projections, obstructions and excretion of pets and other animals on paths, sidewalks, walkways, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
Appearance of Exterior of Premises and Structures. The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of this section and such that the appearance of the premises and structures shall not constitute a depressing factor for the immediate area property owners nor an element leading to the progressive deterioration and downgrading of the particular area with the accompanying diminution of property values.
Storage of Commercial and Industrial Material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial uses unless permitted under the Zoning Ordinance for the premises.
General Maintenance of All Structures and Accessory Structures. The exterior of every structure or accessory structure (including fences) shall be maintained in good repair. Painted fences shall be maintained so that the paint is not peeling or otherwise deteriorating. Unpainted fences shall be maintained so as to avoid rot or deterioration of the fencing materials. The exterior of all structures shall be maintained free of broken glass, loose shingles, crumbling stone or brick, or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influences. Roofs shall be maintained or repaired to be structurally sound and free from defects.
Awnings and Marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event that such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event that awnings or marquees are made of cloth, plastic or similar materials, the cloth or plastic, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
Exterior Walls, Roofs, Etc. Exterior walls, roofs, windows, window frames, doors, door frames, foundations and other parts of the structure which are viewable from the public right-of-way and/or nearby properties shall be maintained.
Freedom from Accumulation and Obstructions. No accumulation or obstruction from solid waste shall be permitted which is visible from the sidewalk, street or other public areas or neighboring premises except that solid waste stored in proper containers may be set out for removal.
[Ord. #2003-6; Ord. #2005-4]
Cleanliness and Sanitation. All parts of the premises under the control of the occupant or operator shall be kept in a clean, safe and sanitary condition, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean or unsanitary or which would obstruct the owner or operator from performing any duty required hereunder or from maintaining the premises in a clean and sanitary condition. All outside premises shall be clear of abandoned iceboxes, refrigerators, heaters, television sets and other similar major appliances.
Landscaping. The landscaping of premises shall be maintained in an orderly state with lawns (where applicable) and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property.
Ground Surface Hazards, Unsanitary Conditions, Unregistered Vehicles and/or Vehicles Without Current License Plates.
It shall be the duty of the occupant to keep the premises free of holes, excavations and excretions of pets and other animals on paths, sidewalks, walkways, driveways, parking lots and parking areas and other vehicular or pedestrian access routes to the premises. Snow and ice shall be cleared from sidewalks and public access paths or routes or shall be made safely passable within 24 hours of the end of a storm. Holes and excavations shall be filled and repaired, fire wood shall be stacked and stored and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. It shall also be the duty of the occupant to remove any motor vehicle which is unregistered or not registered to the owner or occupant and/or without current license tags or plates from the premises unless the same is properly stored in a closed garage (subject to a maximum of two such unregistered tarpaulin-covered vehicles), or in the case of nonresidential premises such motor vehicle is being currently serviced or repaired by a garageman or mechanic in order to meet inspection requirements of the Motor Vehicle Commission of the State of New Jersey. Any such vehicles in residential zones shall be stored either in the driveway or rear yard.
No person shall park or permit to be parked any motor vehicle on any street in the Township for a period of more than 72 hours unless such motor vehicle is operable and in condition for safe and effective performance of the function for which it is intended; provided, however, that the parking of a car, trailer, motorcycle or boat that is offered for sale, next to the property driveway and not within the municipal right-of-way shall be permitted for a maximum period of 30 consecutive days, a maximum of three times per calendar year, per individual parcel.
Malicious Damage. Every occupant shall be responsible for willfully or maliciously caused damage to any part of the premises.
Storage of Boats, Trailers, Utility Trailers and Commercial Vehicles. The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, utility trailer, camper or boat shall be permitted on single-family properties; provided that:
Such storage shall not be located closer than fifteen (15') feet to any side or rear lot line and no closer to the street than the front of the principle structure.
The travel trailer, utility trailer, camper or boat shall not exceed thirty-five (35') feet in length and ten (10') feet in width.
Only one such travel trailer, utility trailer, or camper and no more than two boats and/or boat trailers shall be permitted to be stored outdoors in any required area on any single-family residential lot.
No travel trailer, utility trailer, camper or boat stored in conformance with this subsection shall remain in such storage for longer than 12 consecutive months.
Any such vehicles stored in accordance with this subsection shall not be occupied and shall not be provided with utility connections other than required for vehicle maintenance and shall not be used for the storage of any nonrecreational material.
[Ord. #2003-6; Ord. 2005-4]
In General. No person shall accumulate or permit, suffer or allow the accumulation in any premises owned, operated, occupied or controlled by him any solid waste and waste material for a time longer than the period from one collection day to the next ensuing collection day. Such solid waste or waste material shall either be removed by the Township-contracted services in accordance with regulations made and provided or by an authorized collector.
Every owner, operator and occupant of any nonresidential premises shall be responsible for providing suitable containers consisting of waterproofed receptacles, cans or barrels made of a substantial material such as galvanized iron or vinyl/plastic with a tight-fitting cover so constructed as to prevent spillage or leakage of its contents.
Every owner, operator and occupant of nonresidential premises shall be responsible for providing containers, as described in paragraph b,1, sufficient in number to hold all solid waste and waste material in the manner prescribed, from one collection period to the next actual collection. Solid waste and waste material shall be placed in the containers aforesaid prior to the time fixed for collections.
Every owner, operator and occupant of nonresidential premises shall be responsible for making necessary arrangements for weekly collection of solid waste and waste material between the hours of 6:00 a.m. and 8:00 p.m. prevailing time only.
Every owner, operator and occupant of residential premises shall be responsible for providing suitable containers for receiving and holding of solid waste and waste materials.
Every owner, operator and occupant of residential premises shall be responsible for providing containers as described in paragraph c,1 sufficient in number to hold all solid waste and waste material, in the manner prescribed, from one collection to the next actual collection. Such solid waste and waste material shall be placed in the containers aforesaid prior to the time fixed for collection.
Every owner, operator and occupant of residential premises shall place the containers aforementioned so as to not impede traffic in front of the premises no earlier than 12:00 noon of the day preceding the nearest collection day. Containers shall be retrieved from their collection location no later than 12:00 midnight on the day of collection.
Discarded newspapers, magazines and the like may be placed in securely tied bundles or paper bags in close proximity to the location of the containers aforesaid for collection in accordance with the Recycling Ordinance requirements. Bulky items comprised of waste materials classified as paper, solid waste or ashes as defined in subsection 9-5.3 of this section must be assembled by the owner, operator and occupant of the premises into not more than three (3') foot lengths, tied securely and placed in close proximity to the containers aforesaid for collection, under current recycling regulations.
[Ord. #2003-6; Ord. #2005-4]
Township Committee to Supervise Administration of Inspections, Regulations, Enforcements and Hearing on Violations. The Township Committee is hereby designated to supervise and direct all inspections, regulations, enforcements and hearings on violations of the provisions of this code, unless expressly stated to the contrary. The Code Enforcement Officer or his designee shall be and is designated by the Township Committee to perform such duties as may be necessary to the enforcement of this code, including the making of inspections.
When Exterior Inspections Are to be Made. All exteriors of buildings and premises subject to this code are subject to inspection by the enforcing officer of the Township. At the time of such inspections, parts of the premises must be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections.
Identification and Conduct of Inspectors. Enforcement officials and officers shall be supplied with official identification and shall exhibit such identification when requesting access to any part of any premises subject to this code. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
Where Access by Enforcing Officials Is Refused. When the enforcing official or his agent is refused access to the premises or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, access to the premises shall be gained only by the warrant procedure set forth hereunder.
Issuance of Warrant. In addition to the provisions of paragraph d, enforcing officials may, upon affidavit, apply to the Municipal Court Judge of the Township of Tabernacle or to the New Jersey Superior Court for a warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this code exists on the premises, and if the Judge is satisfied as to the matter set forth in said affidavit, he may authorize the issuance of a warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
Procedure Where Violation Discovered. Where a violation of this code or the regulations hereunder is found to exist, a written warning notice from the enforcing official shall be served on the person or persons responsible for the correction thereof.
Contents of Notice. The notice shall specify the violation or violations committed, what must be done to correct the same, a reasonable period of time "not to exceed 30 days" to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to paragraph i. The notice shall also advise the recipient that, if the violation is not corrected or abated, the municipality or a municipally-hired contractor may do the same, the cost of which shall become a lien on the subject property.
Service of Notice. Notice may be served personally or by mail with postage prepaid, addressed to the last known address of the person to be served. In case the premises is occupied, notice may be accomplished by posting upon the front door of the structure. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Tax Collector. If the last known address cannot be ascertained, service may be accomplished by mailing the notice with postage prepaid to the mortgagee, if there be one, and by posting the notice on the front door of the premises and printing the notice in the official Township newspaper at least one time. The enforcing officer shall file and provide notice to any owner, operator or occupant of any violation at any address other than the last known address provided hereunder if such other address is filed with the enforcing officer personally or by certified mail addressed to the enforcing officer. Service upon an owner, operator or occupant may also be attained by service of any notice upon any competent member of the family 18 years old or older of the owners, operator or occupant. Date of service of notice shall be determined where service is by mail as of the third day following the day of mailing for notices to addresses within or outside the Township. Where the day of service would fall upon a Sunday or other day where mail is not ordinarily delivered, then the day of service shall be the next regular day.
Notice to Become an Order Unless Hearing Requested. Within 10 days of the date of service of a notice, the notice shall constitute a final order. Any failure to comply with said order shall constitute a violation of this code and shall be enforceable by the Code Enforcement Officer through the Municipal Court.
Extensions of Time. The Township Code Enforcement Officer may extend the time for the correction of abatement of violations for an additional period of time deemed reasonable by the Code Enforcement Officer beyond the expiration date of the original notice.
Summary Abatement in Emergency; Notice and Hearing Not Required. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Township Committee may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three days, and upon failure to do so, the Township Committee shall abate the condition immediately thereafter.
Costs of Any Abatement to be a Lien Against Premises. Where abatement of any nuisance as defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to conform to municipal ordinances or State laws applicable thereto requires expending Township moneys therefor, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the Township Committee. The report shall include an estimate of the cost of the work required along with a summary of the proceedings undertaken by the enforcing officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, and hearings and orders of the Municipal Court with reference thereto. The Township Committee may thereupon order the abatement of the nuisance, correction of the defect and completion of the work necessary to place the premises in proper condition and in compliance with ordinances of the Township and laws of the State. The enforcing officer may thereafter proceed to have the work performed in accordance with the order at the Township expense not to exceed the amount specified in the order and shall upon completion thereof submit a report of the moneys expended and costs to the Township Committee. After review of the same, the Township Committee may approve the expenses and costs whereupon the same shall become a lien against the premises collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Township Clerk and filed with the Tax Collector of the Township who shall be responsible for the collection thereof, and a copy of the resolution shall be sent by certified and regular mail to the owner.
Extension of Time where Dispossess Action Undertaken. Where there exists a violation of this code, an owner or operator, upon receipt of a notice of violation, if unable to eliminate the violation by peaceable means within the period of time specified in said notice, shall commence within such period legal action to dispossess, evict or eject the occupants who caused the violation. No further action hereunder shall then be taken against the owner or operator so long as the action aforesaid is pending in the appropriate court and is prosecuted expeditiously and in good faith.
Where Notice and Hearing Not Required Prior to Court Proceedings.
No notice shall be required on the enforcement as to the removal of or making safe passage through accumulated snow or ice from sidewalks where such snow or ice remains uncleared within 24 hours after the termination of the storm.
Where the Municipal Court after hearing shall determine that there was a violation and a notice was served upon the owner, operator or occupant, whether or not said violation was abated prior to the issuance of an order, if thereafter within the space of one year there shall be a second violation by the same owner, operator or occupant of the same provision of this code discovered on the same premises, the offender may be prosecuted on the second violation without the enforcing officer first giving notice and opportunity for a hearing to the owner, operator or occupant by the filing of a complaint by the enforcing officer in the Municipal Court.
Effect of Notice on Owner. For the purposes of enforcement of this code, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until violations are abated in conformity with this code and the other applicable ordinances of the Township of Tabernacle.
[Ord. #2003-6; Ord. #2005-4]
Fines for Violations. A violation of any section or subsection of this code shall be subject, upon conviction, to a fine of up to but not exceeding $1,000.
Meaning of "Each Violation." Each violation of a section or subsection of this code shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this code.
Additional Penalty for Second Violation. Where an owner, operator or occupant has been convicted of a violation of this code and within 12 months thereafter has been found by the Judge of the Municipal Court to be guilty of a second violation, the Court may, if it finds that the second offense was willful and inexcusable, sentence the offender in addition to or in lieu of the fine set forth in paragraph a to imprisonment in the County jail for a period not to exceed 90 days.
Application to Officers or Agents. Where the defendant is other than a natural person or persons, paragraphs b and c shall also apply to any agent, superintendent, officer, member or partner who shall, alone or with others, have charge, care or control of the premises.
Fine as a Lien. In the event of the imposition of a fine or penalty by the Municipal Court or any other court of competent jurisdiction against the owner, operator or lessor of any building or structure in the Township required to be registered for violation of any Township ordinance or any State law applicable to the Township, the fine or penalty, if unpaid within 30 days of imposition, shall be collectible as a lien against the premises, in addition to any other remedies provided by law.
[Ord. #2003-6; Ord. #2005-4]
The repeal of any provisions of any other ordinances by this code shall not affect any action for prosecution or abatement under any such ordinance or any notice, complaint or order issued by any officer or agency of the Township prior to the adoption of this code or concerning which any prosecution or other steps of enforcement have been taken or are being taken within any administrative agency or in the Municipal Court for enforcement thereof.
[Ord. #2003-6; Ord. #2005-4]
The Township Committee is hereby authorized and empowered to promulgate such written rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this code, provided that such rules and regulations do not conflict with this code and do conform to the general standards prescribed by this code. The Township Committee shall file copies of such rules and regulations with the Township Clerk which shall be available during regular business hours. Such rules and regulations shall have the same force and effect as the provisions of this code, and the violations thereof shall be enforced as violations of the express provisions of this code, as herein provided.
[Ord. No. 2013-5]
- Shall mean and include 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 C.46:10B-51 (P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any other entity determined by the Township of Tabernacle to have authority to act with respect to the property.
- VACANT PROPERTY
- Shall mean any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including but not limited to any property meeting the definition of abandoned property in N.J.S.A. 55:19-80; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order or where the building is in habitable condition and where the building is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property for purposes of this section.
[Ord. No. 2013-5]
Effective June 1, 2013, the owner of any vacant property as defined herein shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of the vacant property, whichever is later; or within 10 calendar days of receipt of notice from the municipality, file a registration statement for such vacant property with the Township Code Enforcement Officer on forms provided by the Township for such purposes. Any failure to provide notice by the municipality shall not constitute grounds for failing to register the property.
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
The registration statement shall include the name, street address, telephone number, and email address (if applicable) of a person 21 years or older, designated by the owner or owners as 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 registration statement shall include the name, street address, telephone number, and email address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a 24-hour per day, seven-day per week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 9-6.5 of this section for each vacant property registered.
The annual renewal shall be completed by January 1st each year. The initial registration fee shall be pro-rated for registration statements received less than 10 months prior to that date.
The owner shall notify the Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Clerk for such purpose.
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Township against the owner or owners of the building.
[Ord. No. 2013-5]
The owner of any vacant property registered under this section shall provide access to the Township to conduct exterior and interior inspections of the building to determine compliance with municipal codes upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours between 9:00 a.m. and 4:00 p.m. or at such other time as may be mutually agreed upon between the owner and the Township.
[Ord. No. 2013-5]
An owner who meets the requirements of this section with respect to the location of his or her residence or workplace in the State of New Jersey may designate him or herself as agent or as the individual responsible for maintaining the property.
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 purposes of this section until the owner notifies the Township of Tabernacle in writing of a change of authorized agent or until the owner files a new annual registration statement.
Any owner who fails to register vacant property under the provisions of this section shall be deemed to consent to receive, by posting on the building in plain view, and by service of notice at the last known address of the owner of the property on record within the Township of Tabernacle by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
[Ord. No. 2013-5]
The initial registration fee for each building shall be $500. The fee for the first renewal is $1,500, and the fee for the second renewal is $3,000. The fee for any subsequent renewal beyond the second renewal is $5,000.
Vacant Property Registration Fee Schedule
[Ord. No. 2013-5]
The owner of any building that has become vacant property and any person maintaining or operating or collecting rent for any such building that has become vacant shall within 30 days of the inception of any vacancy:
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Township Code, or as set forth in the rules and regulations supplementing those codes; and
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to subsection 9-6.2b 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 eight (8") inches by ten (10") inches; and
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, right-of-ways, alleys, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed growth; and
Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied, demolished, or until repair and/or rehabilitation of the building is complete.
[Ord. No. 2013-5]
Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $100 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 chapter shall be recoverable from the owner and shall constitute a lien on the property.
For purposes of this section, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein shall be deemed to be violations of this section.
[Ord. No. 2015-9]
- Shall mean a State chartered bank, savings bank, savings and loan association or credit union, any person or entity required to be licensed under the provisions of the "New Jersey Residential Mortgage Act," P.L. 2009, c.53 (C.17:11C-51 et seq.), any foreclosing entity subject to the provisions of C.46:10B-51 (P.L. 2008, c. 127, Sec. 17), as amended from time to time and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers.
- VACANT AND ABANDONED RESIDENTIAL PROPERTY
- Shall mean, consistent with section 1 of P.L. 2010, c.70 (N.J.S.A. 2A:50-73), residential real estate, where a notice of violation has been issued pursuant to subsection b of section 1 of N.J.S.A. 40:48-2.12s. Residential property shall further be deemed Vacant and Abandoned where a mortgaged property is not occupied by a mortgagor or tenant and at least two of the following conditions 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, association management, delivery persons, or government employees indicating that the residence 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, exists 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 any mortgagor expressing the clear intent of all mortgagors to abandon the property;
- o. Any other reasonable indicia of abandonment.
[Ord. No. 2015-9]
A Creditor which has previously filed or a Creditor upon filing a summons and complaint in an action to foreclose on a residential property within the Township is and shall be immediately responsible for the care, maintenance, security and upkeep of the exterior of the property after the property becomes Vacant and Abandoned as defined in this section.
Where a Creditor is located out-of-State, the Creditor shall be responsible for appointing an in-State representative or agent to act on the Creditor's behalf for the purpose of satisfying the requirements of paragraph a of this subsection. Notice of said representative or agent shall be provided to the municipal clerk pursuant to paragraph (1) of subsection a of section 17 of P.L.2008, c.127 (N.J.S.A. 46:10B-51) or within 10 days of the adoption of this section whichever is later.
[Ord. No. 2015-9]
The enforcement officers designated in this section shall be authorized to issue a notice to a Creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township if the enforcement officer determines that the Creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of a Vacant and Abandoned property. Where a Creditor is an out-of-State Creditor, the notice shall be issued to the representative or agent that has been identified by the Creditor pursuant to paragraph (1) of subsection a of section 17 of P.L.2008, c. 127 (N.J.S.A. 46:10B-51) or thereafter in accordance with the requirements hereof.
The notice referenced in this subsection shall require the Creditor to correct the violation(s) within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety.
The issuance of a notice pursuant to this subsection shall constitute proof that a residential property is Vacant and Abandoned for the purposes of this section.
[Ord. No. 2015-9]
The duty of administering and enforcing the provisions of this section is conferred upon the Construction Official, Zoning Officer, Code Enforcement Officer, Health Officer and any other duly appointed representatives.
[Ord. No. 2015-9]
A Creditor subject to this section that is found by the Municipal Court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this section shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following the receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
An out-of-state Creditor subject to this section that is found by the municipal court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent pursuant to this section shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a Creditor for the failure to appoint an in-State representative or agent shall commence on the day after the 10-day period set forth in paragraph (1) of subsection a of section 17 of P.L.2008, c. 127 (N.J.S.A. 46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served or on the eleventh day after the effective date of this section whichever is later.