[Ord. No. 2015-21]
A certain document, three copies of which are on file in the
Township of Greenwich being marked and designated as the International
Property Maintenance Code, 2006 edition, as published by the International
Code Council, be and is hereby adopted as the Property Maintenance
Code for the Township Greenwich 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 structures 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 being on file with the Township
Clerk of the Township of Greenwich being hereby referred to, adopted
and made a part hereof, as if more fully set forth herein, together
with the additions, insertions and changes, if any, prescribed within
this section.
[Ord. No. 2015-21; amended 5-10-2016 by Ord. No. 26-2016]
An person, firm or corporation that shall violate any provision of this Code shall, upon conviction therefor, be subject to penalties stated in Chapter 1, Section 1-5, General Penalty. Each day a violation continues after due notice has been served, shall be deemed a separate offense for purposes of calculation of fines. Notices shall be sent to the owner at the address of record in the Township tax record.
[Ord. No. 2015-21]
No person shall sell or transfer any structure within the Township
of Greenwich unless a Certificate of Continued Occupancy certifying
that the structure is in compliance with all provisions of the current
version of the International Property Maintenance Code, 2006 edition,
and all other applicable ordinances of the Township of Greenwich has
been issued.
[Ord. No. 2015-21]
No Certificate of Continued Occupancy shall be issued by the
Township of Greenwich until the Zoning Officer determines that all
structures were built in conformance with the applicable ordinances
of the Township and the property owner submits to the Zoning and Construction
Office an application for Occupancy Permit Form, which form has been
approved by the Construction Office together with the requisite fee.
Application forms for Certificates of Continued Occupancy may
be obtained at the Offices of the Code Enforcement Officer. The following
fees shall be charged:
a.
Certificate of Continued Occupancy: $50.00.
[Ord. No. 2015-21; amended 5-10-2016 by Ord. No. 26-2016]
Any person, firm or corporation that shall violate any provision of this Code shall, upon conviction therefor, be subject to penalties stated in Chapter 1, Section 1-5, General Penalty. Each day a violation continues after due notice has been served, shall be deemed a separate offense for purposes of calculation of fines. Notices shall be sent to the owner at the address of record in the Township tax record.
[Ord. No. 2014-19]
As used in this section:
Any property that has not been legally occupied for a period
of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by the Public Officer that:
The property is in need of rehabilitation in the reasonable
judgment of the Public Officer, and no rehabilitation has taken place
during that six month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Public Officer pursuant to this
section;
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 of the date of the determination by the Public Officer pursuant to this section; or
The property has been determined to be a nuisance by the Public
Officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82). A property which contains both residential and nonresidential
space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A.
55:19-78 et al) so long as two-thirds or more of the total net square
footage of the building was previously legally occupied as residential
or commercial space and none of the residential or commercial space
has been legally occupied for at least six months at the time of the
determination of abandonment by the Public Officer and the property
meets the criteria of either paragraph 1 or paragraph 4 herein.
Shall mean and include the title holder, any agent of the
title holder having authority to act with respect to a vacant/abandoned
property, any foreclosing entity subject to the provisions of 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 Greenwich to have authority
to act with respect to the property.
Shall mean any building used or to be used as a residence,
commercial or industrial structure which is not legally occupied or
at which substantially all lawful construction operations or 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. 55:19-54, 55:19-78, 55:19-70, 55:19-80 and 55:19-81; 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. 2014-19]
Effective August 1, 2013, the owner of any vacant property as
defined herein shall, within 30 calendar days after the building becomes
vacant property or within 30 calendar days after assuming ownership
of the vacant property, whichever is later; or within ten 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 e-mail 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 proceedings
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 (if applicable) of the firm and the actual name(s) of the
firm's individual principal(s) responsible for maintaining the
property. The individual or representative of the firm responsible
for maintaining the property shall be available by telephone or in
person on a 24 hour per day, seven day per week basis. The two entities
may be the same or different persons. Both entities shown on the statement
must maintain offices in the State of New Jersey or reside within
the State of New Jersey.
c.
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be pro-rated through December 31st. The owner shall be required to renew the registration annually as long as the building remains a vacant and/or abandoned property and shall pay a registration or renewal fee in the amount prescribed in subsection 12-3.5 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 ten months prior to the date.
e.
The owner shall notify the Property Maintenance Inspector within
30 calendar days of any change in the registration information by
filing an amended registration statement on a form provided by the
Property Maintenance Inspector 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.
The owner of any vacant property registered under this Section 12-3 shall provide access to the Township to conduct exterior and interior inspections of the building to determine compliance with municipal codes and ordinances, 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. 2014-19]
a.
An owner who meets the requirement of this Section 12-3 with respect to the location of his residence or workplace in the State of New Jersey may designate himself 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
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/abandoned property under the provisions of this Section 12-3 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 Township 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. 2014-19]
The initial registration fee for each building shall be $500.00.
The fee for the first renewal is $1,500.00 and the fee for the second
renewal is $3,000.00. The fee for any subsequent renewal beyond the
second renewal is $5,000.00.
|
Vacant Property Registration Fee Schedule
| |
|---|---|
|
Initial Registration
|
$500.00
|
|
First Renewal
|
$1,500.00
|
|
Second Renewal
|
$3,000.00
|
|
Subsequent Renewal
|
$5,000.00
|
[Ord. No. 2014-19]
a.
The owner of any building that has become vacant/abandoned property,
and any person maintaining or operating or collecting rent for any
such building that has become vacant shall, within 30 days thereof:
1.
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
2.
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 eight inches by ten inches; and
3.
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 completed; and
4.
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
5.
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. 2014-19; amended 5-10-2016 by Ord. No. 26-2016]
a.
Any person who violates any provision of this Section 12-3 or the rules and regulations issued hereunder shall be liable, upon conviction, to the penalties stated in Chapter 1, Section 1-5, General Penalty. 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 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 ten calendar days of receipt of notice
by the Township, and failure to provide correct information on the
registration statement, or failure to comply with the provisions of
such provisions contained herein shall be deemed to be violations
of this section.
[Ord. No. 2007-3]
The Construction Official is hereby designated as the Public
Officer authorized to exercise the powers prescribed by these regulations
and N.J.S.A. 40:48-2.3, et seq. The Township Solicitor is hereby designated
as the Public Officer authorized to prepare the complaint, notice
of hearing and other pleadings. The Township Committee of the Township
is hereby designated as the Public Officer authorized to conduct the
hearings.
[Ord. No. 2007-3]
a.
BUILDING
DAMAGED STRUCTURE
DANGEROUS STRUCTURE
OWNER
PARTIES IN INTEREST
PUBLIC OFFICER
STRUCTURE
UNFIT STRUCTURE
Definitions. As used in this section, the following terms shall have
the following meanings unless the context clearly indicates that a
different meaning is intended:
Shall mean any building or structure, or part thereof, whether
used for human habitation or otherwise, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean any building or structure, or part thereof, which
has been damaged to such an extent that nothing remains but the walls,
and other supports, shall regardless of the safety and sturdiness
of the remaining walls, or parts thereof, be deemed inimical to the
welfare of the Township and shall be repaired or demolished in accordance
with the provision of this section.
Shall mean any building or structure, or part thereof, which
is dangerous to human life or the public welfare of which constitutes
a fire hazard shall be removed or demolished in accordance with the
provisions of this section.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporation
who have interest of record in a building and any who are in actual
possession thereof.
Shall mean the officer, officers, board or body who is or
are authorized by these regulations to exercise the powers prescribed
by these regulations and by N.J.S.A. 40:48-2.3, et seq. Notwithstanding
any other provisions of law to the contrary, nothing shall prevent
a municipality from designating more than one Public Officer for different
purposes as provided by law.
Shall mean any construction artificially built up or composed
of parts joined together in some definite manner. A building or edifice
of any kind.
Shall mean any building or structure, or part thereof, which
is unfit for human habitation, occupancy or use due to the conditions
set forth herein shall be deemed inimical to the welfare of the residents
of the Township and shall be closed, repaired or demolished in accordance
with the provisions of this section.
[Ord. No. 2007-3]
b.
Standards for Unfit Structures. A Public Officer may determine that
a building is unfit for human habitation, occupancy or use if he finds
that conditions exist in the building which is dangerous or injurious
to the health or safety of the occupants of the building, the occupants
of neighboring buildings, or other residents of the Township. Such
conditions shall include the following without limiting the generality
of the foregoing.
1.
Defects therein increasing the hazards of accident, fire or other
calamities;
2.
Dilapidation;
3.
Disrepair or structural defects;
4.
Lack of adequate light, sanitary facilities or ventilation;
5.
Uncleanliness;
6.
Failure to comply with the Property Maintenance Code; or
7.
Failure to comply with the applicable health ordinances, rules and
regulations.
[Ord. No. 2007-3]
Whenever the Construction Official or his designee shall determine
that any building is a dangerous, damaged or unfit structure, he shall
file a report with the Township Solicitor which identifies the structure
and its condition. Upon receipt of the report, the Township Solicitor
shall prepare a complaint setting forth the location and condition
of the building and the remedy sought and a notice of hearing setting
forth the date, time and place of the hearing.
a.
The complaint and notice of hearing shall be served upon the property
owner and all parties in interest. Service shall be made personally
or by regular and certified mail, return receipt requested, by mailing
the complaint and notice of hearing to their last known address.
b.
If the whereabouts of the property owner or any party in interest
is unknown and cannot be ascertained in the exercise of reasonable
diligence, then service of the pleadings shall be made on such persons
as follows: (1) by publishing the complaint and notice of hearing
once in the official newspaper of the Township; (2) by posting the
complaint and notice of hearing in a conspicuous place on the building
affected by the complaint; and (3) by recording the complaint and
notice in the Cumberland County Clerk's Office.
[Ord. No. 2007-3]
a.
The Construction Official or his designee shall testify at the hearing
in connection with the complaint that was issued. The property owner
and any party in interest shall have the right to appear at the hearing
and testify, produce witnesses, and be represented by an attorney.
b.
If after the hearing the Township Committee of the Township determines
that the building in question is a dangerous, damaged or unfit structure,
the Township Committee shall adopt a resolution stating its findings
and entering an order as follows:
1.
The Township Committee may require the immediate closing of an unfit
structure;
2.
The Township Committee may require the repair of the structure within
a reasonable time, which time shall be set forth in the order; or
3.
The Township Committee may require the demolition of the structure
if it is not economically feasible to repair the structure.
c.
A copy of the order shall be served on the property owner and all
parties in interest personally or by regular and certified mail, return
receipt requested, by mailing it to their last known address.
d.
If the whereabouts of the property owner or any party in interest
is unknown and cannot be ascertained in the exercise of reasonable
diligence, then service of the order shall be made on such persons
as follows: (1) by publishing the order once in the official newspaper
of the Township; (2) by posting the order in a conspicuous place on
the building affected by the order; and (3) by recording the order
in the Cumberland County Clerk's Office.
[Ord. No. 2007-3]
a.
In the event that the property owner and all parties in interest
fail to comply with the order of the Township Committee of the Township,
the Construction Official may proceed without further notice to enforce
the provisions of the order by such means as is necessary to carry
out the purpose and intent of the resolution, including by not limited
to the closing of the structure, the repair of the structure, or the
demolition of the structure at the expense of the Township.
1.
The cost of closing, repairing or demolishing and removing the structure
shall constitute a municipal lien against the real property.
2.
The cost of legal services, expert witness fees, search fees and
advertising expenses incurred in the course of any proceeding shall
constitute a municipal lien against the real property.
3.
The Public Officer shall prepare a detained statement of the costs
incurred, less any credits due, and file it with the Township Clerk.
Thereafter, the Township Committee shall adopt a resolution certifying
the total amount of the municipal lien. This resolution shall be filed
with the Tax Assessor and the Tax Collector, and a copy of the resolution
shall be mailed forthwith to the property owner by regular mail and
certified mail, return receipt requested.
4.
The owner or any party in interest may, within 30 days of the filing
date of the municipal lien certificate, institute a summary proceeding
in the Superior Court, Law Division, to contest the accuracy or reasonableness
of the costs set forth in the municipal lien certificate.
[Ord. No. 2007-3]
a.
When a complaint and notice of hearing have been served on the property
owner in accordance with the provisions set forth in this section,
the property owner is prohibited from transferring the property until
the final disposition of the legal proceeding and compliance with
any order issued by the Township Committee.
b.
When a copy of the complaint and notice of hearing or order has been
duly recorded in the Cumberland County Clerk's Office, this filing
shall have the same force and effect as a notice of lis pendis.
[Ord. No. 2007-3]
Nothing in this section shall be interpreted to impair or limit
in any way the power of the Township to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise, nor is anything in this section intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act or any rules or regulations adopted thereunder.
[Ord. No. 2007-4]
a.
Restrictions. Except as provided for in other regulations, not more
than two currently unregistered or uninspected motor vehicles shall
be parked, kept or stored on any premises and no vehicle shall at
any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled.
b.
Exception. A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
