[Ord. No. 219-2010 § 1; Ord. No. 543-2013; Ord.
No. 572-2018]
That a certain document, three copies of which are on file in the office of the Clerk of the Borough of Woodbine, being marked and designated as the International Property Maintenance Code, 2018 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Woodbine in the State of Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structure as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Office of the Clerk of the Borough of Woodbine are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in subsection 11-1.2.
[Ord. No. 219-2010 § 2; Ord. No. 543-2013; Ord.
No. 572-2018]
The following sections of the International Property Maintenance
Code, 2018 Edition, are hereby amended and revised in the following
respects:
Section 101.1 Insert: Borough of Woodbine.
Section 103.5 Insert: Fifty dollars to $1,000 or as outlined
in all Borough Ordinances and Regulations.
Section 112.4 Insert: Less than $250 or more than $1,000.
Section 302.3 Add the following: No person shall obstruct the
free unlawful passage of pedestrians and vehicles on public sidewalks,
and upon public rights-of-way in the Borough by placing thereon any
structures, posts, poles, goods, wares, merchandise or other articles
of trade or sale, nor shall any person obstruct such public sidewalks
or rights-of-way in any other manner whatsoever. The owner, occupant
or tenant of premises abutting on any street in the Borough shall
at all times keep the public sidewalk and the area between the public
sidewalk and curb or paved roadway that directly affronts on such
premises, free from all weeds, limbs, and branches of trees or shrubs,
holes, pits, loose stones, rubbish, paper, debris and other objects,
and shall otherwise keep the area described in this section, free
from obstruction of all sorts. All trees or shrubs planted on private
property that stand along public sidewalks and public streets, shall
be trimmed by the owner, occupant or tenant of the premises that directly
affronts upon that part of the sidewalk or street along which the
trees or shrubs stand. Such owner, occupant or tenant shall keep the
branches and limbs of such trees or shrubs trimmed and cut so that
no limb or branch shall overhang the public sidewalk or a public street
at a height less than eight feet above ground level.
This section shall not apply to the following:
A.
Where such obstruction is caused by the loading or unloading of goods,
wares, furniture, or merchandise to and from vehicles in such a manner
as to cause a minimum of obstruction which is necessary and unavoidable.
B.
To receptacles for solid waste and/or recyclables, and any other
material lawfully placed for collection pursuant to the regulations
regarding the collection of the same.
C.
To posts, stanchions or other support upon which mailboxes are placed
in accordance with United States Post Office regulations, and provided
that the post, stanchions or support does not exceed four feet in
height above ground level and 12 inches in width.
Any owner, occupant or tenant, building superintendent, rental
agent, or person in charge of premises abutting or bordering upon
any public street in the Borough shall remove all snow, slush and
ice from the abutting sidewalks of such streets, or in the case of
ice which may be so frozen as to make removal impractical, shall cause
the same to be thoroughly covered with sand or salt, within 24 hours
of daylight after the same shall fall or be formed thereon. Removal
of any snow, slush or ice should be conducted along the full paved
width of the sidewalk and in a manner that ensures the orderly flow
and safety of pedestrian traffic on such sidewalk. Removal of any
slush, snow or ice shall be conducted in a manner that clears a full
paved sidewalk or a minimum of 42 inches wide, including removal of
snow, slush and ice from all curb cuts, intersections, crosswalks,
handicap ramps and sidewalk locations.
Section 302.4 Insert: Eight inches
Section 304.14 Insert: From May 1st to October 1st
Section 602.3 Insert: From October 1st to May 1st
Section 602.4 Insert: From October 1st to May 1st
Any reference in the International Property Maintenance Code
2018 Edition to "code official" shall mean the Code Enforcement/Zoning
Officer or his/her designee
[Added 12-17-2020 by Ord. No. 592-2020]
[Ord. No. 219-2010 § 2; Ord. No. 543-2013; Ord.
No. 572-2018]
Ordinance 543-2013, Chapter 11 as amended of the Borough of Woodbine entitled "Property Maintenance" and all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
[Ord. No. 219-2010 § 2; Ord. No. 543-2013; Ord.
No. 572-2018]
That if any subsection, sentence, clause or phrase of this section is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The Borough Council of the Borough of Woodbine hereby declares that it would have passed this law, and each subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses and phrases be declared unconstitutional. Further, nothing in this section or in the Property Maintenance Code, hereby adopted shall be construed to affect any suit or proceeding pending in any Court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in subsection 11-1.3 of this section nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
[Ord. No. 2014-547 § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any creditor including but not limited to, service
companies, lenders in a mortgage agreement and any agent, servant
or employee of the mortgagee, or any successor in interest and/or
assignee of the mortgagee's rights, interests or obligations under
a mortgage agreement.
Shall mean any of the following actions taken by a lienholder
or mortgage holder or mortgagee:
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity that has filed a notice with the Borough Clerk pursuant to
the provisions of N.J.S.A. 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
Borough to have authority to act with respect to the property.
Shall mean any real estate, residential property, or portion
thereof, located in the Borough, including buildings or structures
situated on the property. Property does not include property owned
or subject to the control of the Borough or any of its governmental
bodies or agencies.
The Code Enforcement Officer/Zoning Officer, or his/her designee,
is hereby designated as the Public Officer of the Borough and shall
exercise the powers prescribed by this section.
[Amended 12-17-2020 by Ord. No. 592-2020]
Shall mean any property that contains one or more dwelling
units used, intended or designed to be occupied for living purposes.
Shall mean taking measures that assist in making the property
inaccessible to unauthorized persons.
Shall mean any building or structure which is not legally
occupied or at which all lawful business or construction operations
or renovation work or residential occupancy have substantially 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 a 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. 2014-547 § 2]
Effective October 1, 2014, the owner of any vacant property
as defined herein shall, within 30 calendar days after the building
becomes vacant property or within 30 calendar days after assuming
ownership of the vacant property, whichever is later; or within 10
calendar days of receipt of notice by the Borough, file a registration
statement for such vacant property with the Code Enforcement Office
on forms provided by the Borough for such purposes. Failure to receive
notice by the Borough shall not constitute grounds for failing to
register the property.
a.
Each property having a separate block and lot number as designated
in official records of the Borough shall be registered separately.
b.
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 21
years of age or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and e-mail 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 a representative of the firm responsible
for maintaining the property shall be available by telephone or in
person on a twenty-four-hour per day, seven-day-per-week basis. The
two entities may be the same or different persons. Both entities shown
on the statement must maintain offices in the State of New Jersey
or reside within the State of New Jersey.
c.
The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be prorated through 2014. 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 11-2.8 of this section for each vacant property registered.
d.
The annual renewal shall be completed by January 1st of each year.
The initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
e.
The owner shall notify the Code Enforcement Office within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Borough for such
purpose.
f.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
owners of the building.
h.
The registration statement may include any additional information
that the Public Officer may reasonably require.
[Ord. No. 2014-547 § 3]
Any owner of vacant property who plans to restore the property
to productive use and occupancy during the twelve-month period following
the date of the initial registration of the property shall file a
sufficiently detailed statement of the owner's plans for restoration
of the property with the registration statement. Any owner who within
the initial registration period completes restoration of the property
whereby the property no longer is defined as a vacant property may
request a pro-rated refund of the vacant property registration fee
from the Code Enforcement Office upon presentation of a certificate
of occupancy who shall forward the request to the Public Officer for
approval.
[Ord. No. 2014-547 § 4]
The owner of any vacant property registered under this section
shall provide access to the Borough to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes, upon reasonable notice to the property owner or the designated
agent. Such inspections shall be carried out on weekdays during the
hours of 9:00 a.m. and 4:00 p.m., or such other time as may be mutually
agreed upon between the owner and the Borough.
[Ord. No. 2014-547 § 5]
a.
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 himself or herself as agent or as the
individual responsible for maintaining the property.
b.
By designating an authorized agent under the provisions of this section
the owner 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 Borough
in writing of a change of authorized agent or until the owner files
a new annual registration statement.
c.
Any owner who fails to register a Vacant Property under the provisions
of this Ordinance shall further be deemed to consent to receive, by
posting on the building, in plain view, and by service notice at the
last known address of the owner of the property on record with the
Borough 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. 2014-547 § 6; Ord. No. 2014-548]
The owner and /or creditor of any structure that has become
vacant property, and any person responsible for maintaining any such
building that has become vacant shall, within 30 calendar days of
the structure becoming vacant or within 30 calendar days of the owner
taking title to the property, do the following:
a.
Board and secure the structure and all unattached accessory structures,
garages or similar structures as provided for in the applicable codes
of the Borough or as set forth in rules and regulations promulgated
by the Construction Code Official.
b.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well
maintained and free from trash, debris, loose litter, and grass and
weed overgrowth.
c.
Post a sign, affixed and protected from the elements, to the structure
indicating the name, address and telephone number of the owner and
the owner's authorized agent for the purpose of service of process,
and the name, address and telephone number of the entity responsible
for maintenance of the property, which may be the same as the owner
or authorized agent. The sign shall include the words "No Trespassing"
and "to report problems with this building, call…", shall be
of sufficient size and shall be placed in a location where it is clearly
visible from the nearest public street or sidewalk, whichever is nearer.
The sign shall be no smaller than eight inches by 10 inches.
d.
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete.
e.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on residential property in the Borough shall, within
10 days of serving the summons and complaint notify the Borough Clerk
that a summons and complaint in an action to foreclose on a mortgage
has been filed against the property. The notice shall contain the
name and contact information for the representative of the creditor
who is responsible for receiving complaints of property, maintenance
and code violations and shall be provided by mail, or electronic communication
at the discretion of the Borough Clerk. The Borough Clerk shall also
forward a copy of the notice to the Public Officer or shall otherwise
provide to any other local official responsible for administration
of any property maintenance or public nuisance code. In the event
that the property being foreclosed upon is an affordable unit pursuant
to the Fair Housing Act, N.J.S.A. 52:27. D — 301 et seq., then
the creditor shall identify that the property is subject to the Fair
Housing Act. The notice shall also include the street address, lot
and block number of the property and the full name and contact information
of an individual located within the State who was authorized to accept
service on behalf of the creditor. The notice shall be provided to
the Borough Clerk within 10 days of service of a summons and complaint
in an action to foreclose on a mortgage against the subject property.
The notice shall also provide the name and contact information of
an in-State representative or agent who shall be responsible for the
care, maintenance, security and upkeep of the exterior of the property
if it becomes vacant and/or abandoned.
f.
The owner of any vacant property shall acquire and otherwise maintain
liability insurance, in an amount of not less than $300,000 for buildings
designed primarily for residential use, and not less than $1,000,000
for any other building, including, but not limited to, buildings designed
for manufacturing, industrial, storage or commercial uses, covering
any damage to any person or any property caused by any physical condition
of or in the building or property subject to the provisions of this
section. Said insurance shall provide a rider for payment of all demolition
costs should the vacant building become abandoned and require the
Borough to demolish the building. Any insurance policy acquired or
renewed after the building has become vacant shall provide for written
notice to the Public Officer within 30 calendar days of any lapse,
cancellation or change in coverage. The owner shall attach evidence
of the insurance to the owner's registration statement. Any registration
statement submitted that does not include such evidence shall be deemed
to be an invalid registration. Insurance must name Borough of Woodbine
as party or payee for demolition costs should the Borough deem demolition
is required.
g.
In the event the owner of a residential property vacates or abandons
any property on which a foreclosure proceeding has been initiated
as defined herein or if a residential property becomes vacant at any
point subsequent to a creditor filing the Summons and Complaint in
an action to foreclose on a mortgage against the subject property,
but prior to vesting of title in the creditor or any third party,
and/or the property is found by the Public Officer or other authorized
Borough Official to be a nuisance, in violation of any applicable
State or Local Code regarding the care, maintenance, security or insurance
requirements of this section, then the Public Officer or other authorized
Borough Official shall cause a notice to be sent by certified and
regular mail notifying the creditor of the violation and directing
the creditor to correct the same. The creditor shall be obligated
to abate the nuisance or correct the violations in the same manner
and to the same extent as the title owner of the property, to such
standards or specifications as may be required by State Law or Borough
Code. The notice shall advise the creditor that the nuisance or violations
must be abated or corrected within 30 days of the receipt of the notice
or within 10 days of the receipt of said notice if the violation presents
an imminent threat to public health and safety. The issuance of a
notice pursuant to this paragraph shall constitute proof that the
property is "vacant and abandoned" for the purposes of N.J.S.A. 2A:50-73.
[Ord. No. 2014-547 § 7]
The Public Officer may issue rules and regulations for the administration
of the provisions of this section. Such administratively promulgated
rules and regulations shall be in writing and shall be provided to
the owners and/or creditors of properties registered under this section
or their designated agents within 30 calendar days of their effective
date.
[Ord. No. 2014-547 § 8]
The registration and renewal fee for each building shall be
as follows:
[Ord. No. 2014-547 § 9; Ord. No. 2014-548]
a.
An out-of-State creditor found by the Woodbine Borough Municipal Court or any other Court of Competent Jurisdiction to be in violation of the requirement to appoint an in-State representative or agent pursuant to subsection 11-2.6e of this section shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor in accordance with this paragraph shall commence on the day after the 10 day period set forth in subsection 11-2.6e of this section.
b.
Any creditor found by the Woodbine Borough Municipal Court or any
other Court of Competent Jurisdiction to be in violation of the requirement
to correct a nuisance, care, maintenance, security, insurance or upkeep
violation listed in a notice issued pursuant hereto shall be subject
to a fine of $1,500 per day for each day the violation remains unabated.
Any fines imposed in accordance with this paragraph shall be
subject to a fine of $1,500 for each day the violation remains unabated.
Any fines imposed in accordance with this paragraph shall commence
31 days following 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.
