[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.
Editor's Note: For additional regulations regarding litter and construction debris, see Chapter
3, Police Regulations, Section
3-1.
[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;
amended 9-1-2022 by Ord. No. 611-2022; 5-4-2023 by Ord. No. 616-2023]
As used in this section, the following terms shall have the
meanings indicated:
ABANDONED, VACANT AND NUISANCE PROPERTY
Any property, residential or commercial which is in such
condition that it cannot be legally occupied, and at which 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, delivery persons, or government employees
indicating that the property is vacant and abandoned;
i.
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
j.
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
k.
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property Owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
l.
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
m.
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
n.
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
o.
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no substantial construction has taken place for at least six months
as of the date of determination by the public officer pursuant to
this section;
p.
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter
4 of Title 54 of the Revised Statutes as of the date of determination by the Public Officer pursuant to this section;
q.
The property has been determined to be a nuisance by the Public
Officer in accordance with N.J.S.A. 55:19-82.
r.
The property or any portion thereof is determined to be abandoned
property in accordance with the meaning of such term in ABANDONED
PROPERTY REHABILITATION ACT, N.J.S.A. 55:19-78 at. seq.
s.
Any other reasonable indicia of abandonment.
COMMERCIAL PROPERTY
Any real estate which is defined as a "commercial" use in Chapter
26 of the Code of the Borough of Woodbine.
CREDITOR
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.
FORECLOSING
The process by which property, residential or commercial,
placed as security for real estate or other loans, is prepared for
sale to satisfy the debt if the borrower is in default under the terms
of the loan.
INITIATION OF THE FORECLOSURE PROCESS
Shall mean any of the following actions taken by a lienholder
or mortgage holder or mortgagee
a.
Taking possession of the Property.
b.
Delivering a Creditors or mortgagee's notice of intention
to foreclose to the borrower.
c.
Commencing a foreclosure action or filing a lis pendens in the
Superior Court of New Jersey.
OWNER
a.
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise; or
b.
Has care, charge or control of any dwelling, dwelling unit or
parcel of land, vacant or otherwise, in any capacity, including but
not limited to agency, executor, executrix, administrator, administratrix,
trustee or guardian, of the estate of the holder of legal title; or
c.
Is a mortgagee in possession of any such property;
d.
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
e.
Is an officer or trustee of the association of unit Owners of
the Condominium. Each such person is bound to comply as if he were
the Owner; or
f.
Every person who operates a rooming house; or
g.
Is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has initiated the foreclosure
process.
h.
Any person or entity responsible for the maintenance or upkeep
of a property pursuant to N.J.S.A. 46:10 B-51, and as required under
section 530-11.
i.
Owner shall also be defined as a "RESPONSIBLE PARTY."
PROPERTY
Shall mean any real estate, residential or commercial 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.
PUBLIC OFFICER
The Director, Department of Public Works, or his designee,
is hereby designated as the Public Officer of the Borough and shall
exercise the powers prescribed by this section.
RESIDENTIAL PROPERTY
Shall mean any property that contains one or more dwelling
units used, intended or designed to be occupied for living purposes.
RESPONSIBLE PARTY
Shall mean the title holder of a vacant and Abandoned property
or a Creditor responsible for the maintenance of a property pursuant
to N.J.S.A. 46:10B-51.
SECURING
Shall mean Taking measures that assist in making the property
inaccessible to unauthorized persons.
[Ord. No. 2014-547 § 2;
amended 9-1-2022 by Ord. No. 611-2022; 5-4-2023 by Ord. No. 616-2023]
The Owner, Creditor or Responsible Party of any Abandoned, Vacant
and Nuisance Property as defined herein shall, within 90 calendar
days after the building becomes Vacant and Abandoned Property or within
30 calendar days after assuming ownership of the Vacant and Abandoned
Property, whichever is later; or 10 calendar days of receipt of notice
by the Borough that the property is deemed vacant and abandoned, file
a registration statement for such Vacant Property with the Code Enforcement
Office on forms provided by the Borough through the Commissioner of
the Department of Community Affairs 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 or Responsible Party 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. The Owner shall be required to renew the registration annually as long as the building remains a Vacant and Abandoned Property and shall pay a registration or renewal fee in the amount prescribed in Subsection
11-2.8 for each Vacant and Abandoned 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.
g. The Owner shall maintain insurance in accordance with Subsection
11-2.6.
h. The registration statement may include any additional information
that the Public Officer may reasonably require.
[Ord. No. 2014-547 § 3;
amended 9-1-2022 by Ord. No. 611-2022; 5-4-2023 by Ord. No. 616-2023]
Any Owner of Vacant and Abandoned 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;
amended 9-1-2022 by Ord. No. 611-2022; 5-4-2023 by Ord. No. 616-2023]
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;
amended 9-1-2022 by Ord. No. 611-2022; 5-4-2023 by Ord. No. 616-2023]
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 and Abandoned 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; amended 9-1-2022 by Ord. No. 611-2022; 5-4-2023 by Ord. No. 616-2023]
The Owner and/or Creditor of any structure that has become Vacant
and Abandoned Property, and any person responsible for maintaining
any such building that has become vacant shall, no sooner than 45
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 and or commercial property or any portion
thereof, 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 forward a copy of the
notice to the public officer to 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
ordinance. 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 or commercial 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;
amended 9-1-2022 by Ord. No. 611-2022; 5-4-2023 by Ord. No. 616-2023]
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;
amended 9-1-2022 by Ord. No. 611-2022; 5-4-2023 by Ord. No. 616-2023]
The registration and renewal fee for each building that is Vacant
and Abandoned shall be as follows:
a. Initial registration: $250.
c. Second and subsequent renewal: $1,000.
d. All commercial properties required to be registered as being in the
foreclosure process but are not required to be registered as vacant,
abandoned and/or nuisance properties as defined herein shall pay a
registration fee of $500 per year and a like sum each year thereafter
until the property no longer has to be registered as a property in
foreclosure.
e. All commercial properties required to be registered as being in the
foreclosure process and are vacant, abandoned or nuisance pursuant
to terms herein shall pay an additional $2,000 per property annually
and an additional $2,000 per year at all times thereafter while the
property is in foreclosure in addition to the fees set forth in paragraph
a herein above.
f. The Borough may contract with and set the compensation of a private
entity pursuant to Local Public Contracts Laws to assist the Borough
in the implementation and administration of the registration program.
The Borough may delegate any duties under this Section including,
without limitation, identifying properties located within the Borough
that are subject to registration requirements, maintaining and updating
the property registration for the Borough, invoicing and collecting
payment from the Creditors for such properties any and all fees authorized
in accordance herewith. All property registration fees required shall
be considered a municipal charge pursuant to N.J.S.A. 54:5-1 et seq.
regardless of whether said fees are being collected by a third party
or by the Borough directly. All fees collected by any third-party
entity on behalf of the Borough shall be paid in full without any
amount deducted therefrom which funds shall be deposited within 48
hours after receipt thereof. Such amounts shall include all interest
and penalties fixed at the same rate as late payments for property
taxes, assessments, and other municipal charges in accordance with
N.J.S.A. 54:4-67 for late payment of the property registration fees
imposed in accordance herewith. The third-party entity shall at least
once per year or sooner as requested by the Tax Collector, file a
certification to enforce tax liens for all unpaid registration fees
due and owing.
[Ord. No. 2014-547 § 9; Ord. No. 2014-548; amended 9-1-2022 by Ord. No. 611-2022; 5-4-2023 by Ord. No. 616-2023]
a. An out-of-state Creditor or Owner 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 shall be subject to a fine of not less than $500 or more than $1,500 for each day of the violation. Any fines imposed on a Creditor or Owner in accordance with this Paragraph shall commence on the day after the 10-day period set forth in Subsection
11-2.6e.
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.
c. Each day a violation continues in violation of any subsection of
this section shall be considered a new, separate, and subsequent offense.