[HISTORY: Adopted by the Township Committee of the Township
of Montague 3-24-15 as Ord. No. 2015-01. Amended and replaced in entirety 9-13-16 by Ord.
No. 2016-11. Amended and replaced in entirety 11-15-16
by Ord. No. 2016-15. Subsequent
amendments noted where applicable.]
[Added 11-15-16 by Ord. No. 2016-15]
This chapter shall be known as and may be cited by the short-form
title of the "Property Maintenance Code."
[Added 11-15-16 by Ord. No. 2016-15]
The purpose of this chapter is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance and condition of residential and nonresidential
premises. It fixes certain responsibilities upon owners, operators,
occupants and other persons. It authorizes and establishes procedures
for the inspection of residential and nonresidential premises. It
fixes penalties for the violation of this Property Maintenance Code
and provides procedures for correcting violations in those cases requiring
Township action. This chapter is hereby declared to be protective,
preventive and essential for the public interest.
[Added 11-15-16 by Ord. No. 2016-15]
The following words and terms, whenever used in this chapter,
shall have the respective meanings herein assigned to them and shall
be construed to include the plurals of these words:
The Building Code of the Township of Montague.
A condition characterized by holes, rot, crumbling, cracking,
peeling, rusting or other evidence of physical decay or neglect, vandalism,
lack of maintenance, excessive use and/or the uncorrected consequences
of natural catastrophe.
See § 53B-15.
Any premises, or any part thereof, which may be viewed lawfully
by the public or any member thereof.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The presence of vermin on the premises which constitute a
nuisance or a health hazard.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
To keep in good repair and preserve the premises.
Any person living or sleeping in a building; or having possession
of a space within a building.
Any person who has chore, charge or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the State, County or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land including any structures thereon.
Includes any of the following:
The physical condition or occupancy of any premises recorded
as a public nuisance at common law;
Any physical condition or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including but not limited
to abandoned wells, shafts, basements, excavations and unsafe fences
or structures;
Any premises that has unsanitary sewerage or plumbing facilities;
Any premises designated as unsafe for human habitation;
Any premises that is manifestly capable of being a fire hazard
or is manifestly unsafe or unsecure so as to endanger life, limb or
property;
Any premises from which the plumbing, heating or facilities
required by this Property Maintenance Code have been removed, or from
which utilities have been disconnected, destroyed, removed or rendered
ineffective, or the required precautions against trespassers have
not been provided;
Any premises that is unsanitary, or that is littered with rubbish
or garbage, or that has an uncontrolled growth of weeds; or
Any structure that is in a state of dilapidation, deterioration
or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged by fire to the extent so as not to provide shelter; in danger
of collapse or failure; and dangerous to anyone on or near the premises.
Anything constructed, assembled or erected, the use of which
requires location on or in the ground or attachment to something having
its location on or in the ground, and includes fences, tanks, swimming
pools, shelters, towers, advertising devices, bins, tents, lunch wagons
and trailer, dining cars or similar structures on wheels or other
supports used for commercial or residential purposes; wires and their
supporting poles, towers and frames of electrical or telephone utilities
or service utilities entirely below the ground are also deemed to
be structures.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
Any of various insects or undomesticated animals which are
potentially destructive, annoying or injurious to health.
An open space on the same lot with a structure.
[Added 11-15-16 by Ord. No. 2016-15]
Every residential and nonresidential building and structure and the premises on which it is situated in the Township of Montague used or intended to be used for residential, commercial, business or industrial occupancy shall comply with the provision of this Property Maintenance Code, whether or not the buildings shall have been constructed, altered or repaired before or after the enactment of this Property Maintenance Code and irrespective of any permits or licenses which shall have been issued for the use or occupancy or repair of equipment or facilities prior to the enactment of this Property Maintenance Code. This Property Maintenance Code establishes minimum standards for the initial and continued occupancy and use of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in § 53B-5.
[Added 11-15-16 by Ord. No. 2016-15]
In any case where the provisions of this Property Maintenance
Code impose a higher standard than set forth in any other ordinance
of the Township or under the laws of the State of New Jersey, then
the standards as set forth herein shall prevail, but if the provisions
of this Property Maintenance Code impose a lower standard than any
other ordinance of the Township or of the laws of the State of New
Jersey, then the higher standard contained in any other ordinance
or law shall prevail.
[Added 11-15-16 by Ord. No. 2016-15]
Compliance with this Property Maintenance Code shall not constitute
a defense against any violation of any other ordinance of the Township
applicable to any owner, operator or occupant from complying with
any other provision nor any official of the Township from enforcing
any other provision.
[Added 11-15-16 by Ord. No. 2016-15]
Owners and operators shall have all the duties and responsibilities
described in this chapter and the regulations promulgated pursuant
thereto, and no owner or operator shall be relieved from any such
duty and responsibility nor be entitled to defend against any charge
or violation thereof by reason of the fact that the occupant is also
responsible therefor and in violation thereof.
[Added 11-15-16 by Ord. No. 2016-15]
A.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to Chapter 53B, Property Maintenance Code; Chapter 29, Buildings, Unfit; N.J.S.A. 2A:50-73; or otherwise.
B.
If the creditor is located out of State, the creditor shall be responsible
for appointing an in-State representative or agent to act for the
foreclosing creditor.
C.
An out-of-State creditor shall include the full name and contact
information of the in-State representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to N.J.S.A.
46:10B-51(a)(1).
D.
An out-of-State creditor found by the Municipal Court, or by any other court of competent jurisdiction, to be in violation of § 53B-8B shall be subject to a fine of $2,500 for each day of the violation, commencing on the day after the ten-day period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose has been served.
E.
A public officer appointed pursuant to N.J.S.A. 40:48-2.3 et seq., or any enforcement officer described in § 53B-15, shall be authorized to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or enforcement officer determines that the creditor has violated this chapter by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. The notice shall require the person or entity to 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. The issuance of this notice shall constitute proof that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
F.
A creditor found by the Municipal Court, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to § 53B-8E shall be subject to a fine of $1,500 for each day of the violation commencing 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
[Added 11-15-16 by Ord. No. 2016-15]
Occupants shall have all the duties and responsibilities as
prescribed in this chapter and all the regulations promulgated thereto,
and the occupant shall not be relieved from any such duty and responsibility
and be entitled to defend against any charge of violation thereof
by reason of the fact that the owner is also responsible therefor
and in violation thereof.
[Added 11-15-16 by Ord. No. 2016-15]
Unless expressly provided to the contrary in this chapter, the
respective obligations and responsibilities of the owner and operator
on one hand and the occupant on the other shall not be altered or
affected by any agreement or contract by and between any of the aforesaid
or between them and other parties.
[Added 11-15-2016 by Ord. No. 2016-15]
All property in the Township shall be maintained according to
the follow standards:
A.
Sanitation. 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.
B.
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair and maintained free from hazardous conditions.
C.
Weeds. All premises and exterior property shall be maintained free
from weeds or plant growth in excess of 10 inches (254 millimeters).
All noxious weeds shall be prohibited. "Weeds" shall be defined as
all grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, that this term shall not include cultivated flowers
and gardens.
D.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
E.
Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair.
F.
General exterior structure. 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.
G.
Exterior painting. All wood and metal surfaces, including but not
limited to, window frames, doors, door frames, cornices, porches and
trim shall be maintained in good condition. Peeling, flaking and chipped
paint shall be eliminated and surfaces repainted.
H.
Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the
imposed dead and live loads.
I.
Foundation walls. 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.
J.
Exterior walls. 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.
K.
Roofs and drainage. 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 damage can be protected by a tarp for no more
than 90 days before repairs must be undertaken. Roof drains, gutters,
and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public
nuisance.
[Amended 2-19-2019 by Ord. No. 2019-03]
L.
Decorative features. 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.
M.
Overhang extensions. All canopies, marquees, signs, metal awnings,
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 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.
N.
Stairways, decks, porches and balconies. 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.
O.
Chimneys and towers. All chimneys, cooling towers, smoke stacks 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.
P.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
Q.
Window and door frames. Every window, door and frame shall be kept
in sound condition, good repair and weathertight.
R.
Front yards. Front yards shall be neat and orderly and free from
excessive recreational equipment, children's toys, pallets, and other
equipment or debris. Recreational equipment and children's toys shall
be stored in garages, accessory structures, and rear yards to the
extent possible. Vegetative debris, such as, but not limited to, lawn
clippings, leaf piles, tree branches, firewood, and wood piles must
not be allowed to collect in a front yard.
[Amended 3-10-2020 by Ord. No. 2020-03]
[Added 11-15-16 by Ord. No. 2016-15]
All signs permitted by reason of other regulations or as a lawful
nonconforming use shall be maintained in good repair, and printed
matter, pictures or illustrations contained thereon shall be completely
maintained or, when no longer in use, completely removed. All non-operative
or broken electrical signs shall be repaired or shall, with their
supporting members, be removed forthwith.
[Added 11-15-16 by Ord. No. 2016-15]
All reconstruction of walls and sidings 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 are not of a kind that, by their
appearance under prevailing appraisal practices and standards, will
depreciate the value of neighboring and adjoining premises.
[Added 11-15-16 by Ord. No. 2016-15]
There shall not be stored or used, at a location visible from
the sidewalks, streets, other public areas or adjoining properties,
equipment and materials relating to commercial or industrial uses
unless permitted under the Zoning Ordinance for the premises.
[Added 11-15-16 by Ord. No. 2016-15; amended 12-14-2021 by Ord. No. 2021-20]
The provisions of this chapter shall be enforced by any officer
or employee whose regular duties include enforcement of building,
plumbing, electrical, zoning, health, housing, safety or fire code
regulations or statutes, and reference hereinafter to the Enforcement
Officer shall be deemed to mean any such officer or employee who is
acting in such capacity with respect to enforcement of this chapter.
The Enforcement Officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this chapter (including, for the avoidance
of doubt, the purposes and provisions of the Unfit Buildings Statute),
as well as the power to:
A.
Investigate the conditions of structures in the Township in order
to determine which structures therein are unfit for human habitation
or occupancy or use;
B.
Administer oaths, affirmations, examine witnesses and receive evidence;
C.
Enter upon premises for the purpose of making examinations; provided,
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
D.
Appoint and fix the duties of such officers, agents, and employees
as he deems necessary to carry out the purposes of this chapter and/or
the Unfit Buildings Statute; and
E.
Delegate any of his functions and powers under this chapter and/or
the Unfit Buildings Statute to such officers and agents as he may
designate.
A.
Whenever the Enforcement Officer finds that an emergency condition
in violation of this chapter exists, or otherwise finds that any structure
is unfit for human habitation or occupancy or use, the Enforcement
Officer shall, if his preliminary investigation discloses a basis
for such charges, issue and cause to be served upon the owner of and
parties in interest in such structure a complaint stating the charges
in that respect and containing a notice that a hearing will be held
before the Enforcement Officer (or his designated agent) at a place
therein fixed not less than seven days nor more than 30 days after
the serving of said complaint; that the owner and parties in interest
shall be given the right to file an answer to the complaint and to
appear in person, or otherwise, and give testimony at the place and
time fixed in the complaint; and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the Enforcement
Officer. Structural conditions warranting the issuance of a complaint
include but are not limited to:
(1)
Defects increasing the hazards of fire, accident, or other calamities;
(2)
Lack of adequate ventilation, light, or sanitary facilities;
(3)
Dilapidation; disrepair, structural defects, uncleanliness;
(4)
Failure to comply with the requirements of this chapter, the Unfit
Buildings Statute, the building code, or the certificate of occupancy.
B.
If, after such notice and hearing the Enforcement Officer determines
that the structure under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
(1)
Requiring the repair, alteration, or improvement of the said structure
to be made by the owner, within a reasonable time, which time shall
be set forth in the order or at the option of the owner to vacate
or have the said structure vacated and closed within the time set
forth in the order; and
(2)
If the structure is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises, and the
owner fails to repair, alter, or improve the said structure within
the time specified in the order, then the owner shall be required
to remove or demolish the said structure within a reasonable time
as specified in the said order of removal.
C.
If the owner fails to comply with an order to repair, alter, or improve
or, at the option of the owner, to vacate and close the structure,
the Enforcement Officer may cause such structure to be repaired, altered,
or improved, or to be vacated and closed; the Enforcement Officer
may cause to be posted on the main entrance of any structure so closed
a placard with the following words: "This structure is unfit for human
habitation or occupancy or use; the use or occupation of this structure
is prohibited and unlawful."
D.
If the owner fails to comply with an order to remove or demolish
the structure, the Enforcement Officer may cause such structure to
be removed or demolished or may contract for the removal or demolition
thereof after advertisement for, and receipt of, bids therefor.
E.
If an actual and immediate danger to life is posed by the threatened
collapse of any firedamaged or otherwise-compromised structure, the
Enforcement Officer may, after taking such measures as may be necessary
to make such structure temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
[Added 12-14-2021 by Ord. No. 2021-20]
Complaints and orders issued under this chapter shall be served
upon persons either personally or by registered mail, but if the whereabouts
of such persons is unknown, and the same cannot be ascertained by
the Enforcement Officer in the exercise of reasonable diligence, and
the Enforcement Officer shall make an affidavit to that effect, then
the serving of such complaint or order upon such persons may be made
by publishing the same once in a newspaper printed and published in
the Township or, in the absence of such newspaper, in one printed
and published in the county and circulating in the Township. A copy
of such complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order. A copy of such
complaint or order shall be duly recorded or logged for record with
the County Clerk of Sussex County.
[Added 11-15-16 by Ord. No. 2016-15]
Nothing contained herein shall limit the power of the Enforcement
Officer to take such further action under the criminal and civil laws
of this State through any court of competent jurisdiction as may be
necessary to remove or abate any nuisance.
[Added 11-15-16 by Ord. No. 2016-15]
Upon issuance of notice required by § 53B-16 and 53B-17, property owners shall correct the condition and notify the Enforcement Officer that said condition has been corrected. An inspection shall then be made for which no fee shall be charged. Should full compliance not be achieved at the time of the inspection, the Township shall be reimbursed for cost of all reinspections by the property owner. Failure to reimburse the Township shall result in a lien for said cost being placed against the property.
[Added 11-15-16 by Ord. No. 2016-15]
Except as set forth in § 53B-8D and F, any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, after summons is issued under the terms hereof, upon conviction, be punished by a fine not to exceed $500. Each violation of any of the provisions of this chapter and each day that each such violation shall continue may be deemed to be a separate and distinct offense.
[Added 11-15-16 by Ord. No. 2016-15; amended 12-14-2021 by Ord. No. 2021-20]
The amount of the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges, incurred
in the course of any proceeding taken under this chapter (including,
for the avoidance of doubt, any proceeding taken under the Unfit Buildings
Statute) determined in favor of the Township, and such cost of such
repairs, alterations or improvements, or vacating and closing, or
removal or demolition, if any, or the amount of the balance thereof
remaining after deduction of the sum, if any, realized from the sale
of materials derived from such structure or from any contract for
removal or demolition thereof, shall be a municipal lien against the
real property upon which such cost was incurred. If the structure
is removed or demolished by the Enforcement Officer, he shall sell
the materials of such structure. There shall be credited against the
cost of the removal or demolition thereof, including the clearance
and, if necessary, leveling of the site, the proceeds of any sale
of such materials or any sum derived from any contract for the removal
or demolition of the structure. If there are no such credits or if
the sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the Township Tax Assessor or other custodian of the records of
tax liens, and a copy thereof shall be forthwith forwarded to the
owner by registered mail. If the total of the credits exceeds such
costs, the balance remaining shall be deposited in the Superior Court
by the Enforcement Officer, shall be secured in such manner as may
be directed by such court, and shall be disbursed according to the
order or judgment of the court to the persons found to be entitled
thereto by final order or judgment of such court. Any owner or party
in interest may, within 30 days from the date of the filing of the
lien certificate, proceed in a summary manner in the Superior Court
to contest the reasonableness of the amount or the accuracy of the
costs set forth in the municipal lien certificate.
