[1]
Editor's Note: Prior history includes Ord. Nos. 1996; 2840.
[Ord. No. 3245]
For reference purposes, this section shall be known as the "Property
Maintenance Code" of the Township of Belleville.
[Ord. No. 3245; amended 3-9-2021 by Ord. No. 3608]
A certain document, three copies of which are on file in the Office of the Township Clerk of the Township of Belleville, being marked and designated as the most current International Property Maintenance Code, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Belleville, Essex County, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing he 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 structures as hereby 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 Township Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this section, with the additions, insertions deletions and changes, if any, prescribed in Section 21-1.3.
[Ord. No. 3245]
The following sections are hereby revised:
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Section 101.1.
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Insert:
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Township of Belleville
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Section 103.5
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Insert:
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$100 - $1,250
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Section 112.4
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Insert:
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$100 - $1,250
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Section 302.4
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Insert:
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10"
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Section 304.14
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Insert:
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June 1, - September 30,
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Section 602.3
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Insert:
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October 1, - May 1,
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Section 602.4
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Insert:
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October 1, - May 1,
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[Ord. No. 3441]
A registration statement or renewal of a registration is required
of a vacant property in the Township of Belleville. The registration
statement is required to be filed with the office of the Municipal
Clerk. A registration statement is required until the vacant property
becomes occupied.
The owner of any vacant property shall provide access to the
Township of Belleville to conduct an exterior and interior inspection
of the building to determine compliance with the Municipal Code.
a.
The registration statement shall include the name, street address
and telephone number of a natural person, 21 years of age or older,
designated by the owner or owners as the authorized agent for receiving
notices of code violations and for receiving process, in any court
proceeding or administration enforcement proceeding on behalf of such
owner or owners in connection with the enforcement of any applicable
code. This person must maintain an office in the State of New Jersey
or reside within the State of New Jersey. The registration statement
shall also include the name of the person responsible for maintaining
and securing the property, if different.
b.
This section shall also apply to in-state and out-of-state creditors
who have filed summons and complaint in action to foreclose a property
that is vacant or becomes vacant. Out-of-state creditors shall be
required to appoint an in-state representative or agent who shall
be listed on the registration statement.
c.
An owner who is a natural person and who meets the requirements of
this Section as to location of residence or office may designate himself
or herself as agent.
d.
By designating an authorized agent under the provisions of this Section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceedings or administrative enforcement proceedings 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 Public Officer
of a change of the authorized agent or until the owner files a new
annual registration statement.
[Ord. No. 3441]
The initial registration 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.
[Ord. No. 3441]
The owner of any building that has become vacant property, and
any person maintaining operating or collecting rent for any such building
that has become vacant, shall, within 30 days the following:
a.
Enclose and secure the building against unauthorized entry.
b.
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, and the person responsible for
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 18 inches by 24 inches.
c.
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.
[Ord. No. 3441]
Unless otherwise provided by law, statute, or ordinance any
person violating any provision of this section shall upon conviction
thereof be liable to a penalty, $100 a day until the Registration
Statement is filed and all applicable fees are paid with the Office
of the Municipal Clerk.
[Ord. No. 3385]
For reference purposes, this section shall be known as the "Maintenance
and Registration of Vacant/Abandoned Properties."
[Ord. No. 3385]
As used in this section:
Shall 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 Belleville to have authority to act with respect
to the property.
Means 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. 3385]
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 municipality, file a registration statement for such vacant
property with the Property Maintenance Inspector on forms provided
by the Township for such purposes. Failure to receive notice by the
municipality 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 municipality shall be registered separately.
b.
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; and the name, street address, telephone number,
and email address (if applicable) of the firm and the actual name(s)
of the firms 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.
c.
The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be pro-rated through December 31. 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 21-3.5, for each vacant property registered. 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 21-3.6, for each vacant property registered.
d.
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.
e.
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.
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 Township against the owner or
owners of the building.
[Ord. No. 3385]
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 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 Township.
[Ord. No. 3385]
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 him 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 Township
of Belleville 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 vacant property under the provisions
of this section shall further 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 Belleville 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. 3385]
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.
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Vacant Property Registration Fee Schedule
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Initial Registration
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$500
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First Renewal
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$1,500
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Second renewal
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$3,000
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Subsequent renewal
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$5,000
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[Ord. No. 3385]
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 thereof:
a.
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
b.
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 21-3.3), 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 inches by 10 inches; and
c.
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
d.
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
e.
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. 3385]
a.
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 section shall be recoverable from the owner and
shall be imposed as a lien on the property.
b.
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 ordinance.
For reference purposes, this section shall be known as the Regulation,
Care, Maintenance, Security, and Upkeep of the Exterior of Vacant
and Abandoned Residential Properties on which a Summons and Complaint
in an Action to Foreclose has been filed.
[Ord. No. 3413]
Shall mean:
Any entity or person located in-state or out-of-state initiating,
serving or filing a summons and complaint of foreclosure against a
Township residential property whether the property becomes vacant
and abandoned before or after the filing of the Creditor's action
to foreclose;
Consistent with section 3 of P.L. 2008, c. 86, Creditor shall
also mean but not be limited to:
A State chartered bank, savings bank, savings and loan association
or credit union,
Any person required to be licensed under the provisions of the
"New Jersey Licensed Lenders Act," P.L. 1996, c. 157 (C.17:11 C-1
et seq.),
Any entity acting on behalf of the Creditor named in the debt
obligation including, but not limited to, servicers, and,
All Creditors required to file quarterly reports with the New
Jersey Department of Banking and Insurance ("DOBI") consistent with
Section 15 of The Mortgage Stabilization and Relief Act, P.L. 2008,
c.127, (C.46:10B-49), enacted January 9, 2009.
Shall mean a Township notice to a creditor that it has failed
to provide for the care, maintenance, security, and upkeep of the
exterior of vacant and abandoned residential property upon which it
has filed a summons and complaint to foreclose.
Shall mean an individual appointed by the Township pursuant
to P.L. 1942, c.112 (C.40:48-2.3 et seq.).
Shall mean:
Residential real estate upon which a creditor has filed a summons
and complaint to foreclose a mortgage and a Township Property Maintenance
Violation Notice has been issued by a public officer or any other
local official responsible for administration of the Township Code
(i) pursuant to subsection b.2. of section 1. of P.L. 2014, c. 35
(C.40:48-2.12s), or, (ii) pursuant to this section, or, (iii) pursuant
to any other applicable Section or Chapter of the Code or a New Jersey
statute;
Consistent with the intent and terms of Section 1.a. of P.L.
2012, Chapter 70 (C.2A:50-73), Vacant and Abandoned shall also mean:
Mortgaged residential property no longer occupied by a mortgagor or
tenant and for which at least two of the following conditions exist:
Overgrown or neglected vegetation;
Accumulation of newspapers, circulars, flyers or mail;
Disconnected gas, electric, or water utility services;
Accumulation of hazardous, noxious, or unhealthy substances
or materials;
Accumulation of junk, litter, trash or debris;
Absence of window treatments such as blinds, curtains or shutters;
Absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
Windows or entrances that are boarded up or closed off, or multiple
window panes that are damaged, broken and unrepaired;
Doors that are smashed through, broken off, unhinged, or continuously
unlocked;
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;
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;
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;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
Shall NOT mean property on which:
There is an unoccupied building undergoing construction, renovation,
or rehabilitation that is proceeding diligently to completion, and
the building is in compliance with all applicable ordinances, codes,
regulations, and statutes;
There is a building occupied on a seasonal basis, but otherwise
secure; or
There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute.
[Ord. No. 3413]
a.
Creditor's Property Maintenance Requirements.
Pursuant to the provisions of Public Laws of 2014, Chapter 35, a Creditor filing a summons and complaint to foreclose a mortgage against Township vacant and abandoned residential property shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property, whether the property becomes vacant and abandoned before or after the filing of the Creditor's action to foreclose ("Property Maintenance Requirement").
b.
Creditor's Appointment Requirements.
If the Creditor is located out-of-state the Creditor shall appoint
an in-state representative or agent who shall be responsible for the
care, maintenance, security, and upkeep of the exterior of a property
if it becomes vacant and abandoned ("In-State Agent Appointment").
c.
Creditors Notification Requirements.
1.
When foreclosing against a Township residential property, whether or not the property is vacant and abandoned, within 10 days of serving, filing, or initiating the summons and complaint, a Creditor shall notify the Township municipal clerk ("Clerk") in a manner consistent with subsection a. of section 17 of P.L.2008, c.127 (C.46:10B-51) ("Creditor's Foreclosure Notice").
2.
The Creditor's Foreclosure Notice shall contain the full name and
contact information of 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 Clerk.
3.
The Creditor's Foreclosure 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 in New Jersey that is authorized
to accept service on behalf of the Creditor.
4.
The Creditor's Foreclosure Notice of an out-of-state Creditor shall
contain the full name and contact information of its in-state agent
or representative.
5.
Pursuant to P.L.2009, c.296 (C.2A:50-69 et al.) the Creditor shall
provide the Clerk with a listing of all Township residential properties
for which the Creditor has foreclosure actions pending by street address
and lot and block number whether or not the properties are vacant
and abandoned ("Property List Notice").
6.
In all notices required by this section, if the property is an affordable
unit pursuant to the "Fair Housing Act," P.L. 1985, c.222 (C.52:27D-301
et al.), the Creditor shall identify that the property is subject
to the "Fair Housing Act."
[Ord. No. 3413]
a.
Pursuant to subsection b. of section 1. of P.L. 2014, c. 35 (C. 40:48-2.12s) the Township Public Officer, or Code Enforcement Officer, Construction Official, or any other Township official responsible for administration of the Township Code ("Township Official") may issue a summons to a Creditor, or if the Creditor is out-of-state to its in-state representative or agent, that fails to make an In-State Agent Appointment ("Agent Appointment Violation");
b.
Pursuant to subsection b. of section 1. of P.L. 2014, c. 35 (C. 40:48-2.12s) the Township Public Officer, or Code Enforcement Officer, Construction Official, or any other Township official responsible for administration of the Township Code ("Township Official") may issue a notice to a Creditor, or if the Creditor is out-of-state to its in-state representative or agent, that fails to comply with a Property Maintenance Requirement ("Property Maintenance Requirement Violation Notice").
c.
The issuance of a Property Maintenance Requirement Violation Notice against a Creditor shall constitute proof that a property is "vacant and abandoned" for the purposes of (i) this ordinance, (ii) P.L.2012, c. 70 (C.2A:50-73), and, (iii) subsection b. of section 1. of P.L. 2014, c.35 (C.40:48-2.12s).
[Ord. No. 3413]
a.
Agent Appointment Violations:
1.
A Creditor found guilty of an Agent Appointment Violation by the
Township municipal court, or by any other court of competent jurisdiction,
shall be subject to a fine of $2,500 for each day of the violation.
2.
The fines for an Agent Appointment Violation, shall commence on the day after the ten-day period set forth in paragraph (1) of subsection a. of section 17 of P.L.2008, c.127 (C.46:10B-51) for providing notice to the Clerk that a summons and complaint in an action to foreclose on a mortgage against vacant and abandoned residential property has been served.
b.
Property Maintenance Violations:
1.
When a Creditor receives a Property Maintenance Requirement Violation
Notice the Creditor shall correct the violation within 30 days of
receipt of the notice, or within 10 days of receipt of the notice
if the violation presents an imminent threat to public health and
safety.
2.
A Creditor found guilty of a Property Maintenance Requirement Violation
by the Township municipal court, or by any other court of competent
jurisdiction, shall be subject to a fine $1,500 for each day of the
violation.
3.
The fines for a Property Maintenance Requirement Violation shall
commence 31 days following the Creditor's receipt of the Township's
Property Maintenance Requirement Violation Notice, except if the violation
presents an imminent risk to public health and safety, then fines
shall commence 11 days following receipt of the Township's Property
Maintenance Violation Notice.
4.
If a Creditor fails to abate a nuisance or correct a Property Maintenance
Requirement Violation as directed in the Township's Property Maintenance
Violation Requirement Notice, and the Township expends public funds
in order to abate the nuisance or correct the Property Maintenance
Requirement Violation, the Township shall have the same recourse against
the Creditor as it would have against the title owner of the property,
including but not limited to the recourse provided under section 23
of P.L.2003, c.210 (C.55:19-100).
5.
If a Creditor fails to remedy the Property Maintenance Requirement
Violation within 30 days from receipt of the Property Maintenance
Requirement Violation Notice the Township may impose penalties permitted
pursuant to N.J.S.A. 40:49-5.
c.
Pursuant to subsection d. of section 1. of P.L. 2014, c. 35 (C.40:48-2.12s),
no less than 20% of any money collected pursuant to this section shall
be utilized by the Township for municipal code enforcement purposes.
[Ord. No. 3311]
It is the intent of this section to protect and preserve the
public health, safety and welfare and security and quiet enjoyment
of residents and neighborhoods by (a) requiring all residential property
owners, including lenders, trustees and service companies to properly
maintain vacant and/or foreclosing properties, and (b) regulating
the maintenance of vacant and/or foreclosing residential properties
in order to prevent blighted and unsecured residences.
In addition to any other remedies in law/or equity not set forth
herein, enforcement authority shall be vested in the Construction
Official/Zoning Officer and the Department of Health and Human Services
and their respective inspectors, including, but not limited to Code
Enforcement Department and the Health Department the Police Department
and Department of Public Works shall also have enforcement authority
with respect to this section.
[Ord. No. 3311]
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
consistent with the context, words used in the present tense include
the future, words in the plural include the singular and words in
the singular include the plural. The word "shall" is always mandatory
and not merely directory.
Means consecutive calendar days.
Means the Director of Health Human Services, Construction
Official/Zoning Officer, the Director of Public Works and/or the Police
Chief and/or his or her designee(s) and their respective inspectors,
including, but not limited to the Construction Code, Health Department.
Means the Construction Official/Zoning Officer, the Department
of Public Works, the Department of Health and Human Services, the
Police Department and any other Department designated by the Construction
Official/Zoning Officer.
Means the process by which property, placed as security for
a real estate loan, is prepared for sale to satisfy the debt if the
borrower defaults.
Means any of the following actions taking by a mortgagee
against the borrower or mortgagee of a property: (a) taking possession
of the property; (b) delivering a 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.
Means the 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
the mortgage agreement.
Means every person, entity, service company, property manager
or real estate agency, who alone or severally with others:
Has legal or equitable title to any dwelling, dwelling unit,
mobile dwelling unit or parcel of land, vacant or otherwise; or
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 agent, executor, executrix, administrator, administratrix,
trustee or guardian, trustee or guardian of the estate of the holder
of legal title; or
Is a mortgagee in possession of any such property; or
Is an agent, trustee or other person appointed by the courts
and vested with possession or control of any such property; or
Is an officer or trustee of the association of unit owners of
a condominium. Each such person is bound to comply as if he were the
owner. However, this section shall not apply to any Condominium Association
or Co-op that forecloses or initiates the foreclosure process for
unpaid assessments due or owing the Association; or
Operates a rooming house; or
Is a trustee who holds, owns or controls mortgage loans for
mortgage backed securities transactions and has initiated the foreclosure
process.
Means any real estate, residential property, or portion thereof,
located in the Township of Belleville, including buildings or structures
situated on the property. For the purposes of this section only, property
does not include property owned or subject to the control of the Township
or any of its governmental bodies or agencies including, but not limited
to, property owned or controlled by the Housing Authority of the Township
of Belleville.
Means any property that contains one or more dwelling units
used, intended or designed to be occupied for living purposes.
Means taking measures that assist in making the property
inaccessible to unauthorized persons.
Means the Township of Belleville.
Means any property not currently legally occupied and not
properly maintained or secured.
[Ord. No. 3311]
All owners must register vacant and not properly maintained and/or foreclosing properties with the Construction Official/Zoning Officer on forms to be provided. All registrations must-state the individual owner's or agent's name, phone number and mailing address. The mailing address may not be a P.O. Box. This registration must also certify that the property was inspected and identify whether the property is vacant at the time of filing. If the property is vacant, the owner and/or registrant must designate and retain an individual or property management company responsible for the security and maintenance of the property. This designation must state the individual or company's name, phone number and local mailing address. The mailing address may not be a P.O. Box. If the property is in the process of foreclosure, then the registration must be received within seven days of the initiation of the foreclosure process as defined in subsection 21-5.2. If the enforcement authority determines that the property is vacant and the foreclosure proceedings have not been initiated, the registration must be received within 14 days of the enforcement authority's first notice of violations or summons for improper maintenance.
All property registrations are valid for one year from the date
of registration. An annual registration fee of $100 must accompany
the registration form. Subsequent annual registrations and fees are
due October 1st.
Once the property is no longer vacant or is sold or otherwise
transferred, the owner must provide proof of sale, transfer or occupancy
to the enforcement authority within 30 days of sale, transfer or occupancy.
[Ord. No. 3311]
Properties subject to the requirements of this Section must
be maintained in accordance with the all applicable Federal, State
and local laws, rules and regulations. The owner, local individual
or local property management company must inspect the property twice
a month for the duration of the vacancy.
The property must contain a posting with the name and twenty-four-hour
contact phone number of the local individual or property management
company responsible for the maintenance.
This sign must be posted on the front of the property so it
is clearly visible from the street.
Adherence to this section does not relieve the owner of any
applicable obligations set forth in the Code of the Township of Belleville,
covenant conditions and restrictions, and/or homeowners association
rules and regulations.
[Ord. No. 3311]
The enforcement authority shall have the authority and the duty
to inspect properties subject to this section for compliance and to
issue summonses for any violations.
[Ord. No. 3311]
Failure to initially register with the enforcement authority
is punishable by a fine of $300.
If applicable, failure to properly identify the name of the
individual or property management company is punishable by a fine
of $300.
Failure to maintain the property or respond to the notice as set forth in paragraph 1 of subsection 21-5.3 hereinabove is punishable by a fine up to $300, plus costs associated with the cleanup, to include, but not be limited to tipping fees and overtime for use of personnel and equipment.
Nothing contained herein shall prevent the Department of Public
Works, in a case of an unregistered or delinquent registered owner,
from cleaning up the property on an as needed basis and imposing a
lien against the property for costs associated for cleanup as set
forth in paragraph 3 of this Section.
Any fine(s) or cost(s) associated with cleaning up the property
that remains uncollected or unpaid shall, by resolution of the Governing
Body, become a lien upon the property which lien shall hereafter form
part of the taxes next to be assessed and levied upon said lands,
the same to bear interest at the same rate as taxes to be collected
and enforced by the same officers and in the same manner as taxes
in accordance with the provisions of N.J.S.A. 40:48-2.14 and Chapter
15.12.180 of the Township of Belleville.
[Ord. No. 3311]
Upon the effective date of this section (adopted by Ord. No.
3311, November 21, 2011), any existing vacant or foreclosing properties
shall have 30 days to comply with the provisions of this section.
[Added 10-22-2019 by Ord.
No. 3553]
It is the intent and purpose of this section to regulate and
control businesses and individuals that offer services to residential
and commercial property owners in order to prevent fraud, crime, and
unethical and dishonest business practices for the general protection,
health, and welfare of the residents of the Township of Belleville.
[Added 10-22-2019 by Ord.
No. 3553]
Any business or individual that offers services to a residential or commercial property owner, for any purpose of securing a vacant or fire damaged building or structure, shall be deemed a Canvasser or Solicitor as recognized under Chapter 4, Section 4-17, of the Code of the Township of Belleville. The application required under this section shall be provided by the Township Clerk. Licenses shall be valid for one year.
[Added 10-22-2019 by Ord.
No. 3553]
In addition to the license requirements set forth, businesses
or individuals governed by this section shall also provide to the
Township Clerk, at the time of registration, with proof of commercial
general liability insurance providing for a minimum of $1,000,000
of insurance coverage. The applicant shall pay an annual license fee
of $25.
[Added 10-22-2019 by Ord.
No. 3553]
Each business or individual, upon being so registered, shall
be issued a License by the Township Clerk, upon which shall be affixed
one photograph of the applicant and the signature of the Township
Clerk or the Clerk's authorized representative.
[Added 10-22-2019 by Ord.
No. 3553]
Each representative of a business or individual governed by
this section shall carry the original license at all times when providing
services within the Township and shall exhibit same to any fire or
police officer upon request.
[Added 10-22-2019 by Ord.
No. 3553]
a.
The following regulations apply to all structures that are being
secured (boarded-up) by property owners, lien holders, insurance company
or governmental agencies: Any boards or other materials that are used
to secure windows, doors, or other openings in any structure shall
be painted white and shall have applied to them a light gray grid
as shown on the attached sketch.
b.
No person subject to the terms of this section shall enter or attempt
to enter the building or structure of any resident or commercial owner,
or approach any such property owners, while the fire department is
operating on the incident scene, with established fire lines in place
as per N.J.S.A. 40A:14:54.1, and until the fire scene has been released
by the officer in charge of the fire scene.
c.
No person subject to the terms of this section shall enter or attempt
to enter the building or structure of any resident or commercial owner,
or approach any such property owners, without the license in his/her
possession.
d.
No person subject to the terms of this section shall conduct himself/herself
in such a manner as to harass or annoy any person while soliciting
within the Township of Belleville.
e.
No person subject to the terms of this Section shall interfere with,
hinder, or obstruct any member of the Belleville Township Fire Departments,
Belleville Township Police Department, Belleville Township Emergency
Medical Services, or any other Emergency Service Personnel from performing
their duties in accordance with the general protection health and
welfare of the residents of the Township of Belleville.
[Added 10-22-2019 by Ord.
No. 3553]
a.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be subject to one or more of the following:
a fine not exceeding $1,000 or imprisonment in the county jail for
a term not exceeding 90 days; or a period of community service not
exceeding 90 days, in the discretion of the Municipal Court Judge.
Each day that such violation shall continue after due notice has been
served shall be deemed a separate offense.
b.
Any violation of this section shall further result in the revocation
of a license for the period of one year, whereupon the issuance of
a new license shall be governed by the procedures and requirements
set forth within this section.
[Added 3-9-2021 by Ord.
No. 3608]
In addition to the provisions of the International Property Maintenance Code as adopted pursuant to § 21-1.2 the following shall apply to the maintenance of the exterior of said properties.
The exterior of the premises and all structures thereon shall
be kept free of litter and of all nuisances and hazards to the safety
of tenants, occupants, pedestrians and other persons having access
to the premises and free of unsanitary conditions. The exterior of
the premises shall meet the standards of this section or such higher
standards as may be adopted by the Township and shall not constitute
a blighting effect upon neighborhood properties. Specifically, but
not in limitation of the generalities of the foregoing, the following
standards shall be maintained:
a.
Storage. There shall not be stored or used at a location visible
from the street, sidewalks or other public areas equipment and materials
relating to the commercial or industrial uses unless permitted under
the Zoning Ordinance for the premises or unless permitted by Zoning
Board of Adjustment action.
b.
Landscaping. The landscaping of premises shall be maintained in an
orderly state, with lawns and bushes trimmed and free from litter.
Open areas shall be graded to eliminate holes, depressions, gullies,
mounds, accumulation of debris or other unsightly or unsafe conditions.
c.
Signs and Billboards. All duly authorized signs and billboards shall
be maintained in good repair. Any sign or billboard which has faded
or weathered excessively or the paint on which has excessively peeled
or cracked shall, with its supporting members, be put into a state
of good repair or removed. The responsibilities of an occupant under
this subsection shall be limited to signs and billboards erected or
used by such occupant.
d.
Window and Window Display Areas. All windows exposed to public view
shall be kept clean and free of marks and foreign substances. Except
when necessary in the course of changing displays, no storage of materials,
stock or inventory shall be permitted in window display areas ordinarily
exposed to public view, unless such areas are first screened by drapes,
venetian blinds or other means. All screening of interiors shall be
maintained in a clean and attractive manner and in a good state of
repair.
e.
Signs or Advertisements; Removal. Any temporary sign or other advertising
material glued or otherwise attached to a window or otherwise exposed
to public view shall be removed at the expiration of the event or
sale for which it was erected or posted.
f.
Repair and Painting of Exteriors of Buildings. All storefronts and
the exterior of every building, structure or appurtenance thereto
shall be maintained in good repair, and all exterior surfaces thereof
shall be kept painted or otherwise provided with a protective treatment
where necessary for purposes of preservation and appearance and maintained
free from broken or cracked glass, loose shingles or siding or crumbling
masonry, excessively peeling paint or other conditions indicating
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 influence.
g.
Awnings and Marquees. Any duly authorized 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,
installed at a sufficient height and so maintained as not to constitute
a nuisance or a safety hazard. In the event that any such awning or
marquee is made of cloth, plastic or similar materials, said materials,
where exposed to public view, shall be maintained in good condition
and shall not show evidence of excessive weathering, discoloration,
ripping, tearing or other deterioration. Nothing herein shall be construed
to authorize any encroachment of an awning, marquee or its accompanying
structural members on streets, sidewalks or public ways.
[Added 3-9-2021 by Ord.
No. 3608]
a.
Where violations of the provisions of this section are brought to
the attention of the enforcing officer, such officer or his/her duly
authorized representative shall prepare a notice, in writing, setting
forth all violations and shall order that he same be eliminated within
no less than seven days and no more than 30 days.
b.
Such notice and order shall be delivered to the occupant or owner
or operator or any or all of them, as the case may be, personally
or by leaving the same with any person in charge of the premises.
c.
In the event that no such person is found upon the premises, service
of notice and order shall be made by affixing a copy thereof in a
conspicuous place on the door to the entrance of the premises and
by mailing a copy thereof to the owner, operator or occupant at his
last known post office address.
[Added 3-9-2021 by Ord.
No. 3608]
a.
Any person who shall violate or fail to comply with § 21-7, upon conviction thereof shall be punished by a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or by any combination of such fine, imprisonment and/or community service.
b.
Each day any violation of this section shall continue shall constitute
a separate offense.
