This chapter shall be known and cited as 'Property Maintenance Code of the Borough of Flemington."
It is hereby found and declared that there exists in the Borough of Flemington structures used for residential and nonresidential use which are or may become in the future substandard with respect to structure or maintenance or further that such conditions, including but not limited to, structural deterioration and lack of maintenance constitute a menace to health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Borough of Flemington. It is further found and declared that by reason of lack of maintenance and progressive deterioration certain properties have the further effect of creating blighting conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhood enhanced, and the public health, safety and welfare protected and fostered.
The purpose of this chapter is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises; to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix penalties for the violation of this chapter. This chapter is hereby declared to be remedial preventive and essential for the public interest and it is intended that this code be liberally construed to effectuate the purposes as stated herein.
Every residential and nonresidential building and the premises on which it is situated in the Borough of Flemington, used or intended to be used for dwelling, commercial, business or industrial occupancy, shall comply with the provisions of this chapter, whether or not such building shall have been constructed, altered or repaired before or after enactment of this chapter, and irrespective of any premises or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building, prior to the date of this chapter. This chapter 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 the following paragraph. Where there is a mixed occupancy, residential or nonresidential use therein shall be nevertheless regulated by and subject to the provisions of this chapter.
In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinances of the Borough of Flemington or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of the chapter impose a lower standard than any other ordinances of the Borough of Flemington or laws of the State of New Jersey, then the higher standard contained in any other such ordinance or law shall prevail.
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of the occupants, pedestrians and other persons utilizing the premises, and free of unsanitary conditions and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following:
a. 
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.
b. 
Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions, or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
c. 
Overhangings. Loose and overhanging objects, and accumulations of ice and snow which by reason of location aboveground level constitute a danger of falling on persons in the vicinity thereof.
d. 
Ground surface hazards. Holes, excavations, breaks, projections, obstructions and excretions 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 or unsanitary conditions with reasonable dispatch upon their discovery.
e. 
Recurring accumulations of storm water. Adequate run-off drains shall be provided and maintained to eliminate any such recurrent or excessive accumulation of storm water.
f. 
Source of infestation. Sources of infestation shall be eliminated.
g. 
Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads of safety.
h. 
Chimneys, flues and vents. Chimneys and all flues and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke tight and capable of withstanding the action of flue gases.
i. 
Porches, landings, balconies, stairs and fire escapes. Porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazards of falling, and the same shall be kept structurally sound, in good repair and free from defects.
The exterior of the premises, the exterior of dwelling structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the residential standards of the neighborhood and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration of the neighborhood with the accompanying diminution of property values including the following:
a. 
Storage of commercial and industrial materials. There shall not be stored or used equipment and materials relating to the business, commercial or industrial uses unless permitted under the Land Regulations of the Borough of Flemington for the premises.
b. 
Landscaping. Premises shall be kept landscaped 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 and impairing the good residential character of the neighborhood.
c. 
Signs. 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 immediately.
d. 
Reconstruction of walls and sidings. All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the residential 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 are under prevailing appraisal practices and standards will depreciate the values of neighboring and adjoining premises as aforesaid.
e. 
Swimming Pools. Swimming pools and areas surrounding them shall be operated in accordance with applicable State statutes or borough ordinances and shall be regularly maintained.
f. 
General Maintenance. The exterior of every structure or accessory structure not inherently resistant to decay (including fences) shall be maintained in good repair by owner or operator and all surfaces thereof shall be kept painted or otherwise provided with a protective coating sufficient to prevent structural deterioration and to maintain appearances. The same shall be maintained free of broken glass, loose shingles, crumbling stone and brick, excessive peeling of 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 and the neighborhood from blighting influences.
g. 
Front Yard Parking. No person shall park, stop or stand any motor vehicle, or permit or suffer the same to be done in any front yard areas of premises occupied by a dwelling or hotel, except on driveways and parking areas constructed and installed in compliance with applicable borough ordinances.
Every dwelling and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards, including:
a. 
Exterior Walls, Siding and Roofs. Exterior walls, siding and roofs shall be kept structurally sound, in good repair and free from defects.
b. 
Painting and Other Protective Coating. All exposed surfaces susceptible to decay shall be kept at all times painted or otherwise provided with a protective coating sufficient to prevent deterioration.
c. 
Weather and Water Tightness. Every dwelling shall be so maintained as to be weather and water tight. Exterior walls, roofs, windows, window frames, doors, door frames, foundations and other parts of the structure shall be so maintained as to keep water from entering the structure and prevent excessive drafts. Damaged materials must be repaired or replaced promptly; places showing signs of rot, leakage, deterioration or corrosion are to be restored and protected against weathering seepage.
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and persons utilizing the premises, and free of unsanitary conditions and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards.
The exterior of the premises and the condition of accessory structures shall be maintained by the owner or operator so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood and such that the appearance of the premises and the structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values including the following:
a. 
Landscaping. Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property.
b. 
Signs and billboards. All permanent signs and billboards exposed to public view permitted by reason of other regulations or as lawful nonconforming shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively cracked or peeled shall with their supporting members be removed forthwith or put into a good state of repair. All non-operative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
c. 
Signs or advertisements. Except for "For Rent" signs, any temporary sign or other paper advertising material glued or otherwise attached to a window or windows or otherwise exposed to public view and permitted by ordinance of the borough shall be removed:
1. 
At the expiration of the event or sale for which it was created; or
2. 
Within 60 days after the erection, whichever shall occur sooner.
Except during the course of repairs or alterations, no more than 33-1/3 percent of the square footage of any single window display area shall be devoted to signs or other temporary advertising material attached to said window or otherwise exposed to the public view.
d. 
Awnings and Marquees. Any 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 and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing they shall, together with their supporting members, be removed forthwith. In the event said awnings or marquees are made of cloth, plastic or other similar materials said cloth or plastic where exposed to the public view shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks, or other parts of the public domain.
e. 
Reconstruction of Walls and Sidings. 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 will not be of a kind that their appearance under prevailing appraisal practices and standards will depreciate the values of neighboring and adjoining premises as aforesaid.
The exterior of every structure or accessory structure (including fences, signs and store fronts) shall be maintained by the owner or operator in good repair and all surfaces thereof shall be kept painted or otherwise provided with a protective coating sufficient to prevent structural deterioration and to maintain appearances. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved and safety and fire hazards eliminated.
a. 
Store Fronts. In the event repairs to a store front become necessary, such repairs shall be made with the same or similar materials used in the construction of the store front in such a manner as to permanently repair the damaged area or areas. Any cornice visible above a store front shall be kept painted, where required, and in good repair.
a. 
Surfaces. The surface of all off-street parking and loading areas shall be maintained free from debris, litter, water accumulations and pot holes.
b. 
Lighting. Existing lighting shall be maintained in good working order, in off-street parking areas which are used at night and do not presently have lighting, adequate lighting shall be provided. All lighting shall be so arranged and maintained as not to reflect or cause glare on abutting residential lands.
c. 
Pavement Marking. Each automobile parking space shall be the size as required by the applicable borough ordinance and pavement directional arrows shall be per the aforesaid ordinance.
a. 
Enforcing Officer. The provisions of the within chapter shall be enforced by the property maintenance inspector. The mayor shall nominate and appoint a property maintenance inspector with the advice and consent of the common council of the borough. The term of office of the property maintenance inspector shall begin on January 1 and expire one year thereafter on December 31 except that the term of office of the first property maintenance inspector appointed hereunder shall be from the date of appointment and qualification to December 31 next ensuing. The property maintenance inspector shall report directly to the mayor and common council of the borough.
b. 
Absence of Public Officer. The mayor, in the same manner set forth in subsection 9B-4.1a, may appoint a deputy property maintenance inspector who shall have all powers and perform all the duties of the property maintenance inspector during his absence or disability.
All buildings and premises subject to this chapter are subject to inspections from time to time by the public officer. At the time of such inspections, the building and all parts of the premises must be available and accessible for such inspections and the owner, operator and occupant are required to provide the necessary arrangements to facilitate inspections. Such inspection shall be made between 8:00 a.m. and 4:00 p.m. prevailing time unless one of the following conditions exist:
a. 
The premises are not available during the foregoing hours for inspection;
b. 
There is reason to believe that violations are occurring on the premises which can only be apprehended and detected by inspections during other than the prescribed hours or which require immediate inspection after being reported;
c. 
There is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring an inspection and abatement without delay.
Where the public officer or his agent is refused entry or access is otherwise impeded or prevented by the owner or operator from conducting an inspection of the premises, such person shall be in violation of this chapter and subject to the penalties hereunder.
In addition to the provisions of subsection 9B-4.3, the public officer, may, upon affidavit, apply to the judge of the municipal court or other court of proper jurisdiction for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and if the judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to an inspection of that part of the premises on which the nuisance or violation exists. Warrants for access may be issued by the judge.
The following procedural rules will govern in the administration of this chapter.
a. 
Notice. Where a violation of this chapter or the regulations thereunder is found to exist, a written notice from the public officer shall be served on the person or persons responsible for the correction thereof. The notice shall specify the violation or violations committed, and what must be done to correct or abate the violation.
b. 
Service of Notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid thereon, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the "last known address" shall be the address of the owner as shown in the office of the tax collector of the borough. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The public officer shall file and provide notice to any owner and operator of any violation at any address other than the last known address provided hereunder if such other address is filed with the public officer personally or by certified mail addressed to the public officer. Service upon an owner or operator may be also attained by service of any notice upon a member of the family of the owner or operator. Date of service of this notice shall be determined where service is mailed as of the day following the day of mailing for notice to addressees within the borough and as of the fourth day after the day of mailing for notice to addressees outside the borough. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, the day of service shall be the next regular delivery day.
c. 
(Reserved)
d. 
(Reserved)
e. 
Extensions for Corrections or Abatements. The public officer may extend the time for correction or abatement of the violations for an additional period not to exceed 30 days, except where major or capital improvements or renovations are involved in which instance the time completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
f. 
Summary Abatement in Emergency. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the public officer may either abate the violation or condition immediately or order the owner or operator to correct the violation or condition within a period of time not to exceed three days and upon failure to do so, the public officer shall abate the condition immediately thereafter.
g. 
Cost of Abatement to Be Liened. Where abatement of any nuisance as defined herein, correction of a defect in the premises or bringing the premises into compliance with the requirements of any municipal ordinance or State law applicable thereto requires expending the borough monies therefore, the public office shall present a report of the work proposed to be done to accomplish the foregoing to the mayor and common council of the borough with an estimate of the cost thereof along with a summary of the proceedings undertaken by the public officer to secure a compliance including notice as served upon the owners or operators as the case may be, and hearings and orders of the public officer with reference thereto. The mayor and council may thereupon by resolution authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the borough and the laws of the State. The public officer may thereafter proceed to have the work performed in accordance with the said resolution at borough expense not to exceed the amount specified in the resolution, and shall upon completion thereof submit a report of monies expended and the costs to the mayor and council. After review of the same, the mayor and council may approve the costs whereupon the same shall become a lien against the premises collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the mayor and council and filed with the tax collector of the borough who shall be responsible for the collection thereof.
h. 
Notice on Hearing Not Required.
1. 
Notwithstanding the requirements of subsections 9B-4.5a and 9B-4.5b, violation of subsection 9B-4.3 entitled Entry Refusal may be prosecuted without notice by the filing of a complaint by the public officer in municipal court.
2. 
Where there is a failure to comply with a notice given pursuant to subsection 9B-4.5a or in the public officer's judgment any work required in the notice has not been completed, the offender may be prosecuted by the filing of a complaint by the public officer in municipal court. The court may in its discretion impose such fine, penalty or judgment as permitted by Section 9B-5.
i. 
Effective Notice. For the purposes of enforcement of this chapter, the service of a notice on an owner whether or not the owner is also the operator shall constitute notice of violations set forth herein until said violations are abated in conformity with this chapter and the other applicable ordinances of the Borough of Flemington.
j. 
Judicial Proceeding. In addition to any other remedies provided by this chapter, by any other ordinances of the borough or by State statutes, the public officer may institute a judicial proceeding for a judgment directing the deposit of rents into the court for the purposes of remedying violations of this chapter as provided by N.J.S.A. 2A:42-85, et seq. or N.J.S.A. 40:48-2.12h, or the appointment of a custodian pursuant to N.J.S.A. 40:48-2.12g.
A violation of any section or subsection of this chapter shall be punishable by a fine not to exceed $1,000.00 for each violation committed hereunder or 90 days in jail or both. Each violation of a section or subsection of this chapter shall constitute a separate and distinct violation independent of any other section or subsection. Each day's failure to comply with any section or subsection shall constitute a separate violation.
Where the defendant is other than a natural person or persons, subsection 9B-5.1 shall also apply to any agent, superintendent, officer, member or partner who shall alone or with others have charge, care or control of these premises.
Nothing in this chapter shall be construed to abrogate or impair the power of the borough or any officer or department to enforce any provisions of any other ordinances or regulations nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the borough by any other law or ordinance.
The following terms, whenever used here or referred to in this chapter shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
ACCESSORY STRUCTURE
Shall mean a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
BUILDING
Shall mean a combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business or storage purposes.
DWELLING
Shall mean any building or structure or part thereof, used and occupied for human habitation or intended to be used, and includes any appurtenances belonging thereto or used therewith.
DWELLING UNIT
Shall mean a group of interrelated rooms intended or designed for nontransient residential use of one family:
a. 
Separated from the other spaces by lockable doors;
b. 
Having access to the outside without crossing another dwelling;
c. 
Having living and sleeping facilities.
d. 
This room or group of rooms shall be considered a dwelling unit if it has any of the following: (1) any cooking facilities fixed or portable, or food refrigeration facilities; or (2) any sanitary facilities.
EXTERIOR OF THE PREMISES
Shall mean open spaces on the premises outside of any building thereon.
FIRE HAZARD
Shall be defined as follows:
a. 
Any device or condition likely to cause fire and which is so situated as to endanger either persons or property;
b. 
The creation, maintenance or continuance of any physical condition by reason of which there exists a use, accumulation or storage for use of combustible or explosive material sufficient in the amount or so located or in such a manner as to put in jeopardy, in event of an ignition, either persons or property;
c. 
The obstruction to or of fire escapes, ladders which may be used as escapes, exits or windows, likely, in the event of fire, to interfere with the operation of the fire department or of the safety and ready egress of occupants.
GARBAGE
(See also Refuse, Rubbish) shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
MIXED OCCUPANCY
Shall mean any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to a non-dwelling use or as a hotel.
NUISANCE
a. 
Any public nuisance known at public law or in equity jurisprudence, or as provided by the statutes of the State of New Jersey or in the ordinances of the Borough of Flemington;
b. 
Any condition which may prove detrimental to health or safety of children whether in a building, on the premises of a building or upon an unoccupied lot, this includes, but is not limited to: abandoned wells, shafts, basements, excavations, abandoned ice boxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak or sumac, which may prove a hazard for inquisitive minors;
c. 
Physical conditions dangerous to human life or detrimental to health of persons on or near premises where the conditions exist;
d. 
Fire hazards.
OCCUPANT
Shall mean any person living in, sleeping in or having actual possession of a dwelling unit or rooming unit, or any person using or having actual possession of any nonresidential premises.
OPERATOR
Shall mean any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge or consent of the owner.
OWNER
Shall mean any person who alone or jointly or severally with others shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner or as executer, executrix, administrator, administratrix, trustee, receiver or guardian of an estate or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or assigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
PREMISES
Shall mean a lot, plot, or parcel of land including the structures or buildings thereon.
PUBLIC OFFICER
Shall mean the officer who is authorized by this chapter to exercise the powers prescribed for him.
PUBLIC VIEW
Shall mean any premises, or any part thereof, or any building or any part thereof, which may be lawfully viewed by the public or any member thereof, from a sidewalk, street, alleyway, parking lot, or from any adjoining or neighboring premises.
REFUSE
(See also Garbage, Rubbish) shall mean all putrescible and non-putrescible solid wastes (except body wastes) including but not limited to: garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and industrial waste.
REGISTERED MAIL
Shall mean registered mail or certified mail.
RUBBISH
(See also Garbage, Refuse) shall mean non-putrescible solid wastes consisting of both combustible and non-combustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
STRUCTURE
Shall mean anything constructed, assembled or erected, the use of which requires location on the ground or underground or attachment to something having location on or in ground, and shall include all fences, walls, tanks, towers, advertising devices, bins, tents, lunch wagons, trailers dining cars, camp cars, or similar structures on wheel or other supports used for business or living purposes. This includes any structure equipped with a roof, whether permanent as temporary, such as porches, awnings, canopies, swimming pools, summer houses, arbors, balconies and similar elements, fences and signs, but does not include patios, at grade or unroofed surfaces prepared for sports. The word "structure" shall not apply to utility services entirely below the ground.
WEATHERING
Shall mean deterioration, decay, or damage caused by exposure to the elements.
Whenever the words "accessory," "structure," "building," "dwelling," "dwelling unit," "premises," or "structure" are used in this chapter, they shall be construed unless expressly stated to the contrary to include plurals of these words as if they were followed by the words "of any part thereof." The word "shall" shall be applied retroactively as well as prospectively
It is hereby found and declared that the existence or occupation of any building or buildings or parts thereof in the Borough of Flemington which are so old, dilapidated or have become so out-of-repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy or use are inimical to the welfare and dangerous and injurious to the health and safety of the people of the borough and that a public necessity exists for the repair, closing or demolition of such building or buildings or parts thereof.
The zoning official, construction code official and property maintenance officer of the borough are hereby appointed and designated as the public officials who shall exercise the powers described in this section.
The public officials are hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers, in addition to others herein granted:
a. 
To investigate the building conditions in the borough in order to determine which buildings therein are unfit for human habitation or occupancy or use.
b. 
To administer oaths and affirmations, examine witnesses and receive evidence.
c. 
To 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. 
To appoint and fix the duties of such officials, agents and employees as they deem necessary to carry out the purposes of this section.
e. 
To delegate any of their functions and powers to such officials and agents as they may designate.
a. 
The public officials may determine that a building is unfit for human habitation or occupancy or use if they find that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the borough. Such conditions may include the following, without limiting the generality of the foregoing:
1. 
Defects therein increasing the hazards of fire, accident or other calamities.
2. 
Lack of adequate ventilation, light or sanitary facilities.
3. 
Dilapidation.
4. 
Disrepair and structural defects.
5. 
Uncleanliness.
b. 
The public officials, in reaching such determination, shall be guided by, among other things, the standards set by the construction code, zoning ordinance, property maintenance ordinance, and health ordinances of the borough and by the pertinent requirements of Title 26 of the New Jersey Revised Statutes.
Whenever a petition is filed with the public officials by the borough council or by at least five residents of the borough charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the public officials, on their own motion, that any building is unfit for human habitation or occupancy or use, the public officials shall, if their preliminary investigation disclosed a basis for such charges, issue and cause to be served upon the owner or and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officials or their designated agent, at a place therein fixed, not less than seven days nor more than 30 days after the serving of the 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 public officials.
Complaints or orders issued by the public officials pursuant to this section 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 public officials in the exercise of reasonable diligence and the public officials 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 county and circulating in the borough in which the buildings are located. 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 lodged for record with the clerk of the County of Hunterdon.
a. 
If, after such notice and hearing, the public officials determine that the building under consideration is unfit for human habitation or occupancy or use, they shall state, in writing, their 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 requiring the owner to make the repair, alteration or improvement of the building within a reasonable time, which time shall be set forth in the order, or, at the option of the owners, to vacate or have the building vacated and closed within the time set forth in the order.
b. 
If the building 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 said building within the time specified in the order, then the owner may be required to remove or demolish the building within a reasonable time as specified in the order of removal.
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 building, the public officials may cause such building to be repaired, altered or improved or to be vacated and closed, and the public officials may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the building, the public officials may cause such building to be removed or demolished.
The amount of such cost of such repairs, alterations or improvements or vacating and closing or removal or demolition shall be a lien against the real property upon which such cost was incurred. The detailed statement of the aforesaid costs shall be filed with the custodian of the records of tax liens for the borough, and a copy of the detailed statement shall be forthwith forwarded to the owner by certified mail, return receipt requested and regular mail. If the building is removed or demolished by the public officials, they shall sell the materials of such building and shall credit the proceeds of such sale against the cost of removal or demolition, and any balance remaining shall be deposited in the superior court by the public officials, 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 provided however, that nothing in this section shall be construed to impair or limit in any way the power of the borough to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. 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.
[Ord. No. 2012-05; Ord. No. 2013-5; Ord. No. 2013-15]
Whereas, P.L.1993, c.127, (S2422, Good Neighbor Act), was enacted to permit the adoption of ordinances holding landlords to standards of responsibility in the selection of tenants and supervision of their rental premises, by virtue of this Act such landlords may be required to post adequate bond against the consequences of disorderly behavior of their tenants, and in the case of subsequent violations forfeit such bond, in whole or part, in compensation for the consequences of such behavior.
The purpose of this section is to enable the Borough of Flemington to take effective action to assure that excesses arising from irresponsible rentals, when they occur, shall not be repeated, and that landlords be held to sufficient standards of responsibility in order to preserve the peace and tranquility of the borough for all residents.
[Ord. No. 2012-05; Ord. No. 2013-5; Ord. No. 2013-15]
HEARING OFFICER
Shall mean Flemington Municipal Court judge.
LANDLORD
Shall mean the person or persons who own or purport to own a building in which there is rented or offered to rent housing space for living or dwelling under either a written or oral lease which building contains no more than four dwelling units. In the case of a mobile home, "landlord" shall mean the owner of an individual dwelling within the mobile home park.
SUBSTANTIATED COMPLAINT
Shall mean a complaint which may form the basis for proceedings in accordance with subsection 9-5.3.
HOUSING ENFORCEMENT OFFICER
Shall mean the person authorized by this section to issue notice of violations or summons to enforce compliance with this section and to investigate and/or inspect complaints and possible unsafe conditions and includes the rental housing officer, zoning official, fire official, construction code official, and any police officer of the Borough of Flemington.
OCCUPANT
Shall mean any person, including a minor, who resides or intends to reside in a dwelling unit.
RENTAL PREMISES
Shall mean the entire property owned by the landlord on which the rental unit in which the tenant resides is located, inclusive of all buildings, and rental units, and open and other areas on the property.
TENANT
Shall mean any person, including a minor, who resides in a dwelling unit on a continuous basis for more than 30 days.
[Ord. No. 2012-05; Ord. No. 2013-5; Ord. No. 2013-15]
a. 
If in any 24-month period a specified number, which shall not be less than two of, there are two complaints, on separate occasions, of conduct upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction as a violation of any provision of Title 2C of the New Jersey Statutes or any municipal ordinance governing disorderly conduct, the municipal governing body or any officer, Housing Enforcement Officer or employee of the municipality designated by the governing body for the purpose, including but not limited to the Housing Enforcement Officer, may institute proceedings to require the landlord of those premises to post a bond against the consequences of future incidents of the same character. Each two additional such complaints in any subsequent 24-month periods shall be a separate basis under this section to institute proceedings to require the landlord to post a bond.
b. 
1. In the event a tenant is convicted of any of the conduct described in subsection a of this section, the governing body, or any officer, Housing Enforcement Officer or employee designated pursuant to subsection a of this section, shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the municipality.
1. 
The governing body or person designated pursuant to paragraph a of this subsection shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the municipality, notice advising of the institution of such proceedings, together with particulars of the substantiated complaints upon which those proceedings are based, and of the time and place at which a hearing will be held in the matter, which shall be in the municipal building, municipal court or other public place within the municipality, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
c. 
At the hearing convened pursuant to paragraph b of this subsection, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of the section.
d. 
Any bond required to be posted shall be in accordance with the judgment of the hearing officer, in light of the nature and extent of the offenses indicated in the substantiated complaints upon which the proceedings are based, to be adequate in the case of subsequent offenses to make reparation for (1) damages likely to be caused to public or private property and damages consequent upon disruption of affected residents' rights of fair use and quiet possession of their premises, (2) securing the payment of fines and penalties likely to be levied for such offenses, and (3) compensating the municipality for the costs of repressing and prosecuting such incidents of disorderly behavior; but no such bond shall be in an amount less than $500.00 or more than $5,000.00. The municipality may enforce the bond thus required by action in the Superior Court, and shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in satisfactory form and amount, has been deposited with the municipality.
e. 
A bond or other security deposited in compliance with subsection d of this section shall remain in force for a period of three years. Upon the lapse of the three year period the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer.
[Added 9-27-2022 by Ord. No. 2022-17]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
APPLICABLE CODES
To include, but not be limited to, the Borough of Flemington Code of Ordinances ("Borough Code"), and the New Jersey Building Code.
CREDITOR
As defined in accordance with N.J.S.A. 40:48-2.12s2d, means 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 Residential Mortgage Lending Act, Sections 1 through 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and any entity acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers. For purposes of this section, a "creditor" shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector or building inspector, or other person authorized by the Borough of Washington to enforce the applicable code(s).
FORECLOSURE
The legal process by which a mortgagee terminates a mortgagor's interest in real property either to obtain legal and equitable title to the real property pledged as security for a debt or to force a sale of said property to satisfy a debt. For purposes of this § 9B-10, this process begins upon the service of a summons and complaint on the mortgagor or any interested party. For purposes of this § 9B-10, the process is not concluded until the property is sold to a bona fide purchaser not related to the mortgagee in an arm's-length transaction, whether by Sheriff's sale, private sale following a Sheriff's sale, or private sale following the vesting of title in the mortgagee pursuant to a judgment.
MORTGAGEE
The creditor, including, but not limited to, lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests, or obligations under the mortgage agreement, excluding governmental entities as assignee or owner.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
VACANT
Any building or structure that is not legally occupied.
VACANT AND ABANDONED REAL PROPERTY
As defined in accordance with N.J.S.A. 40:48-2.12s3b(8), shall mean property that is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, because of the presence or finding of at least two of the following:
a. 
Overgrown or neglected vegetation;
b. 
The accumulation of newspapers, circulars, flyers, or mail on the property;
c. 
Disconnected gas, electric, or water utility services to the property;
d. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
e. 
The accumulation of junk, litter, trash, or debris on the property;
f. 
The absence of window treatments such as blinds, curtains, or shutters;
g. 
The absence of furnishings and personal items;
h. 
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
i. 
Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
j. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
k. 
A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
l. 
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
m. 
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
n. 
A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
o. 
Any other reasonable indicia of abandonment.
[Added 9-27-2022 by Ord. No. 2022-17]
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather shall be an additional remedy available to the Borough above and beyond any other state, county or local provisions for same.
[Added 9-27-2022 by Ord. No. 2022-17]
Pursuant to the provisions of § 9B-10.4, the Borough of Flemington Code Enforcement Official or its designee shall establish a vacant and abandoned property registry containing the information required by this § 9B-10.
[Added 9-27-2022 by Ord. No. 2022-17]
a. 
Any creditor who holds a mortgage or equity line on real property within the Borough that has commenced foreclosure proceedings shall be required to register under this section. Any creditor who holds a mortgage or equity lien on real property located within the Borough shall perform an inspection of the property to determine vacancy or occupancy, upon the commencement of foreclosure as evidenced by a foreclosure filing. The creditor shall, within 10 days of the inspection, register the property with the Borough Code Enforcement Official, or its designee, on forms or website access provided by the Borough, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.
b. 
If the property is occupied but remains in foreclosure, it shall be inspected by the creditor or his designee monthly until 1) the mortgagor or other party remedies the foreclosure, or 2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within 10 days of that inspection, update the property registration to a vacancy status on forms provided by the Borough.
c. 
Registration pursuant to this section shall contain the name of the creditor and the servicing entity, if any, the direct mailing address of the mortgagee and the servicing entity, a direct contact name and telephone number for both parties, facsimile number and email address for both parties, the folio or tax number, and the name and twenty-four-hour contact telephone number of the property management company responsible for the security and maintenance of the property.
d. 
A nonrefundable annual registration fee in the amount of $500 per property shall accompany the registration form or website registration. On each anniversary date of the initial registration, the creditor shall submit a renewal registration and fee as follows: 1) $500 per property annually for any property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor; and 2) an additional $2,000 per property annually if the property is vacant or abandoned pursuant to the definition in the ordinance when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to the definition in § 9B-10.1 at any time thereafter while the property is in foreclosure.
e. 
If the property is not registered, or the registration fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee equivalent to 10% of the annual registration fee shall be charged for every thirty-day period, or portion thereof, that the property is not registered and shall be due and payable with the registration.
f. 
All registration fees must be paid directly from the creditor, mortgagee, servicer, or trustee. Third-party registration fees are not allowed without the consent of the Borough and/or its authorized designee.
g. 
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
h. 
Properties subject to this section shall remain under the annual registration requirement, and the inspection, security and maintenance standards of this section, as long as they remain in foreclosure.
i. 
Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.
j. 
Failure of the creditor to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this chapter is a violation of the chapter and shall be subject to enforcement.
k. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this chapter, the Borough may take the necessary action to ensure compliance with and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.
l. 
Registration of foreclosure property does not alleviate the creditor from obtaining all required licenses, permits and inspections required by applicable codes or state statutes.
m. 
If the mortgage and/or servicing on a property is sold or transferred, the new creditor is subject to all the terms of this chapter. Within 10 days of the transfer, the new creditor shall register the property or update the existing registration. The previous mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that creditor's involvement with the registrable property.
n. 
If the creditor sells or transfers the registrable property in a non-arm's-length transaction to a related entity or person, the transferee is subject to all the terms of this chapter. Within 10 days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the mortgagee was at the time registration was required, including but not limited to unregistered periods during the foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration. The previous creditor will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that creditor's involvement with the registrable property.
[Added 9-27-2022 by Ord. No. 2022-17]
a. 
Properties subject to this § 9B-10 shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, or notices, except those required by federal, state or local law, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
b. 
Properties subject to this § 9B-10 shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.
c. 
Front, side, and rear yards, including landscaping, shall be maintained in accordance with the applicable code(s) at the time registration was required.
d. 
Yard maintenance shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.
e. 
Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.
f. 
Pools and spas shall be maintained so the water remains free and clear of pollutants and debris and shall comply with the regulations set forth in the applicable code(s).
g. 
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with this chapter of the Borough Code. Pursuant to a finding and determination by the Borough's Code Enforcement Officer or a court of competent jurisdiction, the Borough may take the necessary action to ensure compliance with this section.
h. 
In addition to the above, the property is required to be maintained in accordance with the applicable code(s).
[Added 9-27-2022 by Ord. No. 2022-17]
a. 
Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
b. 
A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure must be repaired. Broken windows shall be secured by reglazing of the window.
c. 
If a mortgage on a property is in default, and the property has become vacant or abandoned, a property manager shall be designated by the mortgagee to perform the work necessary to bring the property into compliance with the applicable code(s), and the property manager must perform regular inspections to verify compliance with the requirements of this chapter, and any other applicable laws.
[Added 9-27-2022 by Ord. No. 2022-17]
All vacant and abandoned real property is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the Borough.
[Added 9-27-2022 by Ord. No. 2022-17]
a. 
Any person who shall violate the provisions of this § 9B-10 shall be cited and fined in the amount of not less than $500 or exceeding $1,250.
b. 
Any person who is convicted of violating this section within one year of the date of a previous violation of the same section, and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the violation of this section.
[Added 9-27-2022 by Ord. No. 2022-17]
Adherence to this section does not relieve any person, legal entity or agent from any other obligations set forth in any applicable code(s) which may apply to the property. Upon sale or transfer of title to the property, the owner shall be responsible for all violations of the applicable code(s).
[Added 9-27-2022 by Ord. No. 2022-17]
a. 
If the Enforcement Officer has reason to believe that a property subject to the provisions of this section is posing a serious threat to the public health, safety and welfare, the Code Enforcement Officer may temporarily secure the property at the expense of the mortgagee and/or owner, and may bring the violations before a court of competent jurisdiction as soon as possible to address the conditions of the property.
b. 
The Code Enforcement Officer shall have the authority to require the mortgagee and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures as may be reasonably required to help prevent further decline of the property.
c. 
If there is a finding that the condition of the property is posing a serious threat to the public health, safety and welfare, then the Code Enforcement Officer may direct the municipality to abate the violations and charge the mortgagee with the cost of the abatement.
d. 
If the mortgagee does not reimburse the Borough for the cost of temporarily securing the property, or of any abatement directed by the Code Enforcement Board or Special Magistrate, within 30 days of the Borough sending the mortgagee the invoice, then the Borough may lien the property with such cost, along with an administrative fee of $500 to recover the administrative personnel services.
[Added 9-27-2022 by Ord. No. 2022-17]
Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the Code Enforcement Office in the discharge of duties as provided in this chapter shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.
[Added 9-27-2022 by Ord. No. 2022-17]
Any enforcement officer or any person authorized by the Borough to enforce the sections here within shall be immune from prosecution, civil or criminal, for reasonable, good-faith entry upon real property while in the discharge of duties imposed by this chapter.