The provisions of this article shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in §§
54-19 and
54-20. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this article.
All vacant structures and premises thereof or vacant land shall
be maintained in a clean, safe, secure and sanitary condition as provided
herein so as not to cause a blighting problem or adversely affect
the public health or safety.
Pertinent definitions are contained within Article
II of this code.
All exterior property and premises shall be maintained in a
clean, safe and sanitary condition. The occupant shall keep that part
of the exterior property which such occupant occupies or controls
in a clean and sanitary condition.
All premises shall be graded and maintained to have a free flow
of surface drainage and to prevent the accumulation of stagnant water
thereon, or within any structure located thereon, or it shall be the
property owner's responsibility to ensure that the property grading
is in accordance with the Borough Grading Ordinance requirements and
has positive drainage so that water does not pond or accumulate on
the premises. In addition, the property owner shall be responsible
for ensuring that the grading, regrading or modification of the topography
of the property, drainage facilities and/or discharge of sump pumps
or roof drains do not adversely impact adjoining, adjacent or nearby
property or cause erosion, or interrupt the natural flow of existing
drainage facilities and/or create a nuisance upon any adjacent premises
or structure thereto. Exception: water retention areas and reservoirs
approved by the Property Maintenance Inspector or Construction Code
Office.
All sidewalks, walkways, driveways, parking spaces and similar
areas shall be kept in a proper state of repair, and maintained free
from hazardous or dangerous conditions. It is the responsibility of
the owner to maintain the proper repair of all sidewalks on the property.
This includes all property to and including the curbline.
A. General. No person, including any person, firm, partnership, association,
company, organization or corporation of any kind, shall permit brush,
weeds, dead or dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash or debris to exist on any private lands owned or leased
by such person, firm and/or corporation within the Borough of Paulsboro.
B. All lawns, hedges, shrubs, bushes, weeds and growth or vegetation
of any kind shall be kept trimmed and shall not be permitted to become
overgrown, and no grass or weeds shall be permitted to grow to a height
in excess of 10 inches.
(1)
Weeds. All premises and exterior property shall be maintained
free from weeds or any plant growth in excess of 10 inches (254 mm).
All noxious weeds shall be prohibited. "Weeds" shall be defined as
all grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, this term shall not include maintained cultivated
flowers and gardens.
(2)
Trees and shrubs. Dead and dying trees, limbs, and leaves, or
other natural growth which, by reason of rotting or deteriorating
conditions or storm damage, constitute a hazard to persons in the
vicinity thereof shall be kept pruned and trimmed to prevent such
conditions. The properties on which such natural growth is located
shall be kept clean so as not to constitute a hazard.
(3)
Trees. It is the responsibility of the owner of the premises
to maintain all trees located on the premises.
(4)
Tree removal. It is the responsibility of the premises owner
to remove any dead or decaying trees. Any trees removed from a premise
are governed by the Borough Trash and Recycling Guide.
(5)
Vacant and undeveloped land. It is the responsibility of the
owner of any vacant or undeveloped land to have the property maintained
at a minimum point of 10 feet from any right-of-way. This includes,
but is not limited to, cutting of grass and weeds, trimming and pruning
of trees, maintaining a sight line and other maintenance consistent
with this subsection.
(6)
Penalties.
(a)
First offense. Any person, entity, firm, corporation or group
who has been cited for violation of this section may plead guilty
by affidavit through the Borough of Paulsboro Municipal Court. The
fine for a first-time offense, pled guilty by affidavit, is $100.
The offending party may also appear in Municipal Court and plead not
guilty to the citation and be heard before the court.
(b)
Second and/or subsequent offenses. Any subsequent offenses of
this section shall be scheduled for court, at which time, the person,
entity, firm, corporation, or group who has been cited for violation
of this section will be required to appear in Municipal Court, and
could be held responsible for court costs and subject to a fine of
not less than $200 nor more than $1000. Each day that a violation
continues shall be deemed a separate offense.
(c)
In addition to any penalty, pursuant to Subsection
B(6)(b) above, the violation must be corrected by the notice date and must be properly maintained thereafter, or the owner of the property will be cited for an additional offense and will be required to appear in Municipal Court. Each day that a violation continues shall be deemed a separate offense.
All structures and exterior property shall be kept free from
rat and rodent infestation. Where rats are found, they shall be promptly
exterminated by approved processes which will not be injurious to
human health. After extermination, proper precautions shall be taken
to prevent reinfestation. The Borough Animal Control Liaison and the
County Board of Health Officer may be consulted as to the proper processes
for rat and rodent infestation prevention and cure.
A. Storage of wood. All wood piles, including firewood, which are stored
outdoors should be stored in the rear or side yard and should be ground
level.
B. Garbage removal and storage. All garbage shall be stored as per §
54-19. Any garbage stored in containers outdoors should be stored in the rear or side yard and should be stored above ground level.
Pipes, ducts, conductors, fans, blowers or chimneys shall not
discharge gases, steam, vapor, hot air, grease, smoke, or other particulate
wastes directly upon or affecting abutting or adjacent public or private
property or that of another tenant as per the National Mechanical
Codes referred to in § 54-52.
All accessory structures, including detached garages, fences
and walls, shall be maintained structurally sound and in good repair.
Except as provided in other regulations, no unregistered, uninsured
or uninspected motor vehicle or trailer 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. Painting of vehicles is prohibited unless conducted
in an approved spray booth. The Property Maintenance Officer or his/her
designee may cite the property owner or the owner of the vehicle in
violation.
A. Temporary permit required. A temporary permit which permits the repair
of one unregistered, uninsured or uninspected vehicle for a period
up to 90 days may be applied for through the Borough Zoning Officer.
An unregistered, uninsured or uninspected vehicle without such a permit
will be considered in violation of this section and the Zoning Ordinance.
B. Covered or tarped vehicles. Any vehicle that is covered or tarped
within a public right-of-way or within a driveway or in plain sight
must be able to show proof of licensing and registration if said license
plate/registration is otherwise obscured on the vehicle.
C. Zoning Ordinance. All motor vehicles under this section shall comply
with Borough Zoning Ordinance.
D. Attractive nuisance. All motor vehicles under this section shall
be so secured as to not present an attractive nuisance, public nuisance,
or dangerous condition.
(1)
Exception. A vehicle of any type is permitted to undergo major
overhaul, including bodywork, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes.
A. It shall be unlawful for any property owner to park or permit the
parking of any motor vehicle on his, her, or its lawn or any other
area not specifically and legally designated as a parking space.
B. The penalty for violation of this section shall be as follows: first
offense, a fine of $100; second offense, a fine of $200; subsequent
offenses, of a fine of not less than $250 and not more than $1,000.
C. In addition to any penalty, pursuant to Subsection
B above, the violation must be corrected immediately or the owner of the property will be cited for an additional offense and will be required to appear in Municipal Court.
Holes, excavations, breaks, projections, obstructions, icy conditions,
uncleared snow, and excretion of pets and other animals on paths,
walks, driveways, parking lots and parking areas, and other parts
of the premises which are accessible to and used by persons on the
premises. All such holes and excavations shall be filled and repaired,
walks and steps replaced and other conditions removed where necessary
to eliminate hazards of unsanitary conditions with reasonable dispatch
upon their discovery.
It is the responsibility of the premises owners to maintain
the sewer laterals which connect the premises to the main line. These
sewer laterals shall be kept free of dirt, debris, sanitation and
roots and shall be maintained in a sanitary condition.
If needed, it is the responsibility of the premises owners to
install and maintain sump pumps in proper working order. Sump pump
installation shall be performed in accordance with all applicable
construction codes and requirements. If there is to be discharge into
the public right-of-way, a right-of-way permit shall also be required.
The right-of-way permit may be acquired from the Borough Code Department.
If, in the opinion of the Property Maintenance Inspector, or their
designee, it is feasible for the sump pump discharge to be connected
directly to an existing storm sewer system, the Inspector has the
authority to require same. If the discharge is to be onto the premises,
the action shall not adversely impact adjacent, adjoining or nearby
property in accordance with 54-17.2. If the discharge of the
water is made to the existing roadway, and is deemed to be a nuisance
to nearby properties and/or to safe travel of the roadway, the Property
Maintenance Inspector shall have the authority to review and/or require
corrective measures.
All snow and ice shall be removed from sidewalks, driveways,
parking lots, parking areas, and other parts of the premises which
are accessible to and used by persons on the premises, 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 salt, sand, ashes, or
commercial ice-melting chemical applications, within 48 hours after
the ice and/or snow shall cease to fall or be formed thereon. Each
day that such violation is permitted to exist shall constitute a separate
offense.
Where any enforcement officer duly designated shall deem it necessary and expedient for the preservation of the public health, safety or general welfare, or to eliminate a fire hazard, he or she shall serve upon the owner and/or the tenant of private lands upon which there are such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash, debris, motor vehicles, campers, or trailers as set forth above, a notice that said vehicle, trailer, or camper must be removed within five days of service of such notice. The notice required herein shall not apply to offenses under §
54-17.9 above.
Service may be made upon any owner and/or tenant personally
or, if the designated enforcement officer is unable to make personal
service, by posting such notice at the primary entrance to the main
structure on the subject property. The enforcement officer may, at
his discretion, also mail a copy of the notice to abate to the owner
at the address shown on the tax records at the office of the Tax Collector
of the Borough of Paulsboro by certified mail, return receipt requested.
A. If the owner or tenant of lands shall not comply with the notice provided for in §
54-17.15, the enforcement officer shall cause said item or items referred to in the notice to be removed from the lands, and he and/or his agents shall be permitted to enter upon said lands for this purpose. For the purpose of this chapter, removal of items shall include the cutting of grass and weeds.
B. In addition, thereto, the enforcement officer shall immediately levy
an assessment of $200 for the first offense in a calendar year or
$300 for the second offense in a calendar year per lot, for the failure
of any owner and/or tenant to comply with any of the requirements
of this chapter. The assessment shall be levied either personally
upon the owner and/or tenant and/or shall be a lien against the property,
with interest to accrue on any unpaid balance thereof.
C. Nothing in this section shall limit the rights of the enforcement
officer to pursue any other action permitted in this chapter against
the owner and/or tenant for failing to comply with any provision(s)
of this chapter.
Any person convicted of a violation of any of the provisions of this chapter shall pay a fine of $200 for the first offense in a calendar year and $300 for a second offense in a calendar year as set forth in §
54-17.16B above. For the third and all subsequent offenses in a calendar year, the violator shall either pay a fine not exceeding $500 or be imprisoned in the county jail of the County of Gloucester and the State of New Jersey, for each offense, for a term not to exceed 30 days, or both. For the third and each subsequent offense, a lien against the property at issue shall be levied in the amount of $500, with interest to accrue on any unpaid balance thereof.
A. Whenever it shall appear to any member of the Police Department of
the Borough of Paulsboro or the Code Enforcement Officer that this
chapter is being violated and that the violation exists on public
lands or between the right-of-way side line of any public street or
thoroughfare, he or she shall:
(1)
Determine whether any item constituting the violation constitutes
or may constitute a traffic hazard, and, if so, he or she shall move
it or cause it to be moved to a nonhazardous location or into an enclosed
storage place forthwith.
(2)
Ascertain, if he or she can, the identity of the owner of the item or items and shall, in writing, notify such owner to abate the violation forthwith and in all events within seven days after the service of the notice upon him, which notice shall be given as required in §
54-17.14 for the service of notice thereunder.
B. If any item constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location or if the name and address of the owner of the article cannot be ascertained or if the violation is not abated in the time required by the notice given under the foregoing Subsection
A(2), he or she shall determine whether the article or articles have a value in excess of the cost of removing it or them to enclosed storage and the cost of storing it or them for three months in the case of motor vehicles or for six months for all other articles.
(1)
Unless the item or items appear to have a value clearly in excess
of such cost, he or she shall arrange, if he or she can, for the removal
of it or them by someone who will undertake that removal without cost
to the Borough of Paulsboro, but otherwise, he or she shall arrange
for that removal at the expense of the Borough of Paulsboro to an
authorized area.
(2)
If the item or items appear to have a value clearly in excess
of said costs, he or she shall remove it or them or cause it or them
to be removed at the expense of the Borough of Paulsboro to enclosed
storage.
C. If the items are moved pursuant to Subsection
A(1) or Subsection
B(1) or
(2), he or she shall, in the manner required by §
54-17.14 for service of notice thereunder, give notice to the owner of that removal and of the place to which the item or items have been removed and of the owner's right to reclaim it or them by paying the cost of the removal and interim storage charges.
If any item or items impounded by the Police Department of the
Borough of Paulsboro under this chapter shall remain unclaimed after
three calendar months after notice of the impounding, the impounded
item or items shall be deemed to have been abandoned and forfeited
by the owner, and the governing body of the Borough of Paulsboro shall
sell and dispose of them as provided in N.J.S.A. 40A:14-157.
The provisions of this chapter shall not apply to new car agencies
or to licensed used car dealers located in the Borough of Paulsboro.
A. The exterior of a structure shall be maintained in good repair, structurally
sound and sanitary so as not to pose a threat to the public health,
safety or welfare.
B. The exterior of structures must perform four primary functions:
(1)
It must be in good repair. There should be no evidence of deterioration,
or damaged or loose elements.
(2)
It must be structurally sound. There should not be any loose
or collapsing pieces. Stairways, porches, balconies and similar structural
elements must safely perform their intended functions.
(3)
It must be kept in a sanitary condition. There shall be no accumulation
of litter or debris on porches and other parts of the exterior structure.
(4)
It must be capable of preventing the elements (rain, snow and
wind) and rodents from entering the interior areas.
A. The following conditions shall be determined as unsafe and shall
be repaired or replaced to comply with the International Building
Code or the International Existing Building Code as required for existing
buildings:
(1)
The nominal strength of any structural member is exceeded by
nominal loads, the load effects or the required strength.
(2)
The anchorage of the floor or roof to walls or columns, and
of walls and columns to foundations, is not capable of resisting all
nominal loads or load effects.
(3)
Structures or components thereof that have reached their limit
state.
(4)
Siding and masonry joints including joints between the building
envelope and the perimeter of windows, doors and skylights are not
maintained, weather-resistant or watertight.
(5)
Structural members that have evidence of deterioration or that
are not capable of safely supporting all nominal loads and load effects.
(6)
Foundation systems that are not firmly supported by footings,
are not plumb and free from open cracks and breaks, are not properly
anchored or are not capable of supporting all nominal loads and resisting
all load effects.
(7)
Exterior walls that are not anchored to supporting and supported
elements or are not plumb and free of holes, cracks or breaks and
loose or rotting materials, are not properly anchored or are not capable
of supporting all nominal loads and resisting all load effects.
(8)
Roofing or roofing components that have defects that admit rain,
roof surfaces with inadequate drainage, or any portion of the roof
framing that is not in good repair with signs of deterioration, fatigue
or without proper anchorage and incapable of supporting all nominal
loads and resisting all load effects.
(9)
Flooring and flooring components with defects that affect serviceability
or flooring components that show signs of deterioration or fatigue,
are not properly anchored or are incapable of supporting all nominal
loads and resisting all load effects.
(10)
Veneer, cornices, belt courses, corbels, trim, wall facings
and similar decorative features not properly anchored or that are
anchored with connections not capable of supporting all nominal loads
and resisting all load effects.
(11)
Overhang extensions or projections including, but not limited
to, trash chutes, canopies, marquees, signs, awnings, fire escapes,
standpipes and exhaust ducts not properly anchored or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects.
(12)
Exterior stairs, decks, porches, balconies and all similar appurtenances
attached thereto, including guards and handrails, are not structurally
sound, not properly anchored or that are anchored with connections
not capable of supporting all nominal loads and resisting all load
effects.
(13)
Chimneys, cooling towers, smokestacks and similar appurtenances
not structurally sound or not properly anchored, or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects.
(a)
Exceptions:
[1] Where substantiated otherwise by an approved method.
[2] Demolition of unsafe conditions shall be permitted
where approved by the Construction Code Official.
B. The purpose of these requirements is to set out general and specific
delineations in a building or structure that would make it unsafe.
These delineations allow the Code Official more specific references
to conditions that characterize an unsafe building or structure.
Each structure to which a street number has been assigned shall
have such number displayed in a position easily observed and readable
from the public right-of-way at all hours of the day and night. All
numbers should be at least three inches (76 mm) high and 1/2 inch
(13 mm) stroke. All numbers must be easily visible from the street.
(NOTE: The following sections § 54-18.3 through § 54-18.16 are from the IPMC Sections 304.4 through 304.17.)
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All structural members shall be maintained free from deterioration,
and shall be capable of safely supporting the imposed dead and live
loads.
All foundation walls shall be maintained plumb and free from
open cracks and breaks and shall be kept in such condition so as to
prevent the entry of rats.
All exterior walls shall be free from holes, breaks, loose or
rotting materials; and maintained weatherproof and properly surface
coated where required to prevent deterioration.
Exterior porches, landings, balconies, stairs and fire escapes.
Exterior porches, landings, balconies, stairs and fire escapes shall
be provided with banisters or railings properly designed and maintained
to minimize the hazard of falling, and the same shall be kept structurally
sound, in good repair, and free from defects.
The roof and flashing shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure.
Roof water shall not be discharged in a manner that creates a public
nuisance.
All cornices, belt courses, corbels, terra cotta trim, wall
facings and similar decorative features shall be maintained in good
repair with proper anchorage and in a safe condition.
All canopies, marquees, signs, metal awnings, stairways, fire
escapes, standpipes, exhaust ducts and similar overhang extensions
shall be maintained in good repair and be properly anchored so as
to be kept in a safe and sound condition. When required, all exposed
surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
All chimneys, cooling towers, smokestacks, and similar appurtenances
shall be maintained structurally safe and sound, and in good repair
All exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
All handrails and guards shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
Every window, door and frame shall be kept in sound condition,
good repair and weathertight.
A. Glazing. All glazing materials shall be maintained free from cracks
and holes.
B. Openable windows. Every window, other than a fixed window, shall
be easily openable and capable of being held in position by window
hardware.
For all "A" use groups as defined by the BOCA National Building
Code, during the period from April 1 to October 1, every door, window
and other outside opening utilized or required for ventilation purposes
serving any structure containing habitable rooms, food preparation
areas, food service areas, or any areas where products to be included
or utilized in food for human consumption are processed, manufactured,
packaged or stored shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch and every swinging door
shall have a self-closing device in good working condition.
A. Exception. Screen doors shall not be required for out-swinging doors
or other types of openings which make screening impractical, provided
other approved means, such as air curtains or insect repellent fans,
are employed.
All exterior doors and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units, rooming units
and guest rooms shall tightly secure the door.
Every basement hatchway shall be maintained to prevent the entrance
of rats, rain and surface drainage water.
Every basement window that is openable shall be supplied with
ratproof shields, storm windows or other approved protection against
the entry of rats.
Appearance of exterior of premises and structures. The exterior
of the premises, the exterior of structures and the condition of accessory
structures shall be maintained so that the appearance of the premises
and structures shall not constitute a blighting factor for adjoining
property owners including the following:
A. Storage of commercial and industrial material. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas equipment and materials relating to commercial
or industrial uses unless permitted under the Borough Zoning Ordinance for the premises.
B. Landscaping. Premises with landscaping and lawns, hedges and bushes
shall be kept trimmed and from becoming overgrown and unsightly where
exposed to public view and where the same constitute a blighting factor
depreciating adjoining property.
C. Reconstructed walls and sidings. Reconstructed walls and sidings
of nonresidential structures shall be of standard quality and appearance
commensurate with the character of the properties in the same block
and on both sides of the street on which the premises front, such
that the materials used will not be of a kind that by their appearance
under prevailing appraisal practices and standards will depreciate
the values of the neighboring and adjoining premises as aforesaid.
The exterior of every structure or accessory structure (including
fences) shall be maintained in good repair. The same shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other condition reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated, and adjoining properties protected
from blighting influences. A periodic (every month) exterminating
service shall be maintained in all multiple-family dwellings.
A. The outside building walls shall not have any holes, loose boards,
or any broken, cracked or damaged finish which admits rain, cold air,
dampness, rodents, insects or vermin.
B. Every dwelling shall be so maintained as to be weather- and watertight.
C. Basements, cellar and crawl spaces shall be free of moisture resulting
from seepage, and cross ventilation shall be required where necessary
to prevent accumulations of moisture and dampness, and shall be paved
with stone or concrete not less than four inches thick and shall be
maintained at all times in a condition so as to be smooth, clean,
free from cracks, breaks and other hazards.
All exterior property and premises and the interior of every
structure shall be free from any accumulation of rubbish, trash, or
garbage.
A. Every occupant of a structure shall dispose of all rubbish in a clean
and sanitary manner by placing such rubbish in containers which can
be securely closed.
B. Rubbish/trash storage facilities. The owner of every occupied premises
shall supply approved covered containers for rubbish, and the owner
of the premises shall be responsible for the removal of rubbish.
Every occupant of a structure shall dispose of garbage in a
clean and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
A. Garbage facilities. The owner of every dwelling shall supply one
of the following: an approved mechanical food waste grinder in each
dwelling unit, or an approved leakproof, covered, outside garbage
container.
B. Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, leakproof approved
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
Any refrigerator which is not in use shall be properly secured
within the interior of the premises to prevent injury. Any refrigerator
to be discarded shall have its door removed.
The owner or occupant of the premises which has large appliances
to be discarded shall make arrangements with the Borough Department
of Public Works for the removal of the appliances. Large appliances
shall not be left at the curbside for regular garbage/trash removal.
Large appliances shall not be stored on exterior property areas.
See §
38-5 and §
38-6. The owner or operator shall have the duty and responsibility of removing garbage wherever a janitor is required for the premises.
All structures and premises shall be kept free from insect and
rat infestation. All structures and premises in which insects or rats
are found shall be promptly exterminated by approved processes that
will not be injurious to human health. After extermination, proper
precautions shall be taken to prevent reinfestation. The Borough Animal
Control Liaison and the County Board of Health Officer may be consulted
as to the proper processes for rat infestation prevention and cure.
The owner of any structure or premises shall be responsible
for extermination within the structure prior to renting or leasing
the structure.
The occupant of a structure containing a single dwelling unit
or of a single nonresidential structure shall be responsible for extermination
on the premises.
The owner of a structure containing two or more dwelling units,
a multiple occupancy, a rooming house or a nonresidential structure
shall be responsible for extermination in the public or shared areas
of the structure and exterior property. If infestation is caused by
failure of an occupant to prevent such infestation in the area occupied,
the occupants shall be responsible for extermination.
The occupant of any structure shall be responsible for the continued
sanitary condition of the structure, and if the occupant fails to
maintain the sanitary condition, the cost of extermination shall be
the responsibility of the occupant.
As used in this section, the following terms shall have the
meanings indicated:
OWNER
Includes 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 N.J.S.A. 46:10B-51 (P.L. 2008, c.
127, Section 17, as amended by P.L. 2009, c. 296), or any other entity
determined by the Borough of Paulsboro to have authority to act with
respect to the property.
VACANT PROPERTY
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 et seq.; 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.
Effective June 1, 2013, the owner of any vacant property as
defined herein shall, within 30 calendar days after the building becomes
vacant property or within 30 calendar days after assuming ownership
of the vacant property, whichever is later; or within 10 calendar
days of receipt of notice by the municipality, file a registration
statement for such vacant property with the Property Maintenance Inspector
on forms provided by the Borough 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 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 twenty-four-hour-per-day, seven-day-per-week basis. The
two entities may be the same or different persons. Both entities shown
on the statement must maintain offices in the State of New Jersey
or reside within the State of New Jersey.
C. The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be prorated through 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 §
54-22.5 of this section, 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 §
54-21.5 of this section, for each vacant property registered.
D. The annual renewal shall be completed by January 1 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 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 Borough against the owner or
owners of the building.
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.
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 Borough
of Paulsboro, 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 Borough of Paulsboro 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.
The initial registration fee for each building shall be $400.
The fee for the annual renewal is $400.
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 Borough Code, or as set forth
in the rules and regulations supplementing those codes;
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 §
54-22.4 of this section), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 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;
D. 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 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.
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 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 section.