Township of Frankford, NJ Property Maintenance

Natural Growth. Dead and dying trees and limbs or other natural growth which by reason of rotting or deteriorating condition or storm damage constitute a hazard to persons in the vicinity thereof; trees shall be kept pruned and trimmed to prevent such condition.

Lawns and Shrubs: All lawns shall be maintained; all hedges and shrubs shall be trimmed to a neat appearance.

Overhangings: Loose and overhanging objects, whether natural or man-made, and accumulations of ice and snow, which by reason of location, above ground level constitute a threat to the health and safety of members of the public if caused to fall.

Ground Surface Hazards: Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, excavations, sharp or jagged projections or obstructions.

Recurring Accumulations of Storm Water: Stagnant surface or groundwater accumulations which create or are likely to create breeding areas for mosquitoes and other insects.

Infestation: Rodents, vermin, pest infestations, and conditions causing same.

Nuisances: As defined in this section.

10.

Inoperable Vehicles: Vehicles or parts thereof, including boats and trailers, motorized or not, regardless of whether licensed or registered, which vehicles or parts thereof are or have been abandoned, dismantled or are in a state of visible disrepair.

Structural Soundness. Every structure 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 but not limited to the following:

Foundation Walls: Inadequate or unsafe foundation walls, piers and columns and other similarly unsound, damaged or defective load-bearing components which are incapable of supporting the imposed loads safely at all points.

Exterior Porches, Landings, Balconies, Stairs and Fire Escapes: Structurally unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, fire escapes, signs and loose, crumbling or falling bricks, stones, mortar or plaster.

Projecting Surfaces: Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith.

Windows, Doors, Etc.: Broken glass or windows, rotten, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other junior exterior component parts of buildings or structures are prohibited.

Exterior chimneys shall be maintained and kept structurally sound, free from defects and so maintained as to capably perform, at all times the functions for which they were designed.

Steps, walks, driveways and parking lots, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled and necessary repairs or replacement shall be performed promptly.

§ 13-1.10 Administrative Provisions.

[Ord. No. 2015-02]

Enforcement Officer. It shall be the duty and responsibility of the Zoning Officer or its authorized representative of the Township to enforce the provisions of this Property Maintenance Code as herein provided.

Coordination of Enforcement.

Inspection of premises and the issuing of orders in connection therewith under the provisions of this Property Maintenance Code shall be the exclusive responsibility of the Township Zoning Officer.

Wherever in the opinion of the Zoning Officer, it is necessary or desirable to have inspections of any condition by any other department, the Zoning Officer shall arrange for this to be done.

No order for correction of any violation under this Property Maintenance Code shall be issued without the approval of the Zoning Officer, and it shall be the responsibility of the Zoning Officer before issuing any such order to determine that it has the concurrence of any other department or official of the government concerned with any matter involved on the case in question.

Inspections. The enforcement officer is authorized to enter upon any land at any reasonable time for the purpose of performing his or her duty under this Property Maintenance Code or by way of a search warrant if required by law.

Enforcement Procedure.

Notice.

Whenever an enforcement officer determines that there is or has been a violation of any provision of this section, he or she shall give notice of such violation to the person, persons or entities responsible therefor under this section.

Such notice shall be in writing and shall include a concise statement of the reasons for its issuance.

Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by regular mail to the last known address of the person or entity upon which the same is served, as shown by the most recent tax records of the Township, or a copy thereof handed to said person or persons, or a copy thereof left at the usual place of abode or office of said persons or entities.

(d)

Notice shall be given as aforesaid within or without the Township and shall state that unless the violation is abated, removed, cured, prevented or desisted within 30 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violation.

Extension of Time for Compliance.

The enforcement officer may extend the period for compliance with the requirements of this section in regard to the violation stated in the notice for a period in excess of the aforesaid 30 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the thirty-day period; and in such cases, the enforcement officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 30 days.

Issuance of Summons.

In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said thirty-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall be issued against the person, persons, entity or entities so notified.

Emergency Conditions.

Whenever the enforcement officer finds that an emergency condition in violation of this section exists and that such condition requires immediate attention in order to protect the public health or safety, he or she may issue an order by service of notices set forth in paragraph e above, reciting the existence of such emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency.

Notwithstanding any other provision of this section to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the enforcement officer, any such person shall be afforded a hearing before the Governing Body of the Township as soon as is reasonably possible.

After such hearing and decision by the Governing Body as to the existence or nonexistence of the emergency condition, the Governing Body may continue such order in effect, or modify or withdraw it, subject to the issuance of a summons for violation thereof if such order is continued.

§ 13-1.11 Violations and Penalties.

[Ord. No. 2015-02]

Any person or entity who shall violate any of the provisions of this section shall, upon conviction, be punished as follows:

For the first offense, by a fine not to exceed $500 or $100 per day.

For a second offense, by a fine not to exceed $1,000 or $100 per day.

For a third offense or any subsequent offenses, by a fine not to exceed what is permitted by law.

Each day that a violation occurs may be considered a multiple violation and it will not be necessary to issue subsequent summons for each violation.

§ 13-1.12 Abatement of Nuisance, Correction of Defect by the Township.

[Ord. No. 2015-02; 8-22-2023 by Ord. No. 2023-012]

In addition to any other remedy provided for in this chapter, following notice to the property owner pursuant to subsection 13-1.10d, and the failure of the owner to abate the condition(s) noticed, the Township Committee, pursuant to the authority set forth in N.J.S.A. 40:48-2.12f, by resolution, may authorize the abatement of any hazard or nuisance regulated by this chapter and put any premises in proper condition such as to comply with the provisions of this chapter, at the cost of the owner, operator and/or occupant. Any municipal funds expended for such purpose shall be charged against the premises and the amount thereof, as determined by the Township Committee, shall be a lien against the premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the Tax Collector in the same manner as taxes.

§ 13-2 through § 13-4. (RESERVED)

§ 13-5 REGISTRATION AND MAINTENANCE OF CERTAIN REAL PROPERTY BY MORTGAGEES.

[Amended in entirety 9-13-2022 by Ord. No. 2022-003. Prior history includes Ord. No. 2015-13.]

§ 13-5.1 Purpose and Intent.

[Added 9-13-2022 by Ord. No. 2022-003]

It is the intent of this section, as further detailed within its enabling Ordinance, to enable the Township of Frankford to engage in the identification, registration, monitoring, and migration of properties that are or may become vacant and abandoned to the fullest extent permitted by P.L. 2021, c. 444[1], in order to combat the immeasurable and deleterious effects of blight arising from residential and commercial properties that become vacant or abandoned during the foreclosure process.

[1]

Editor's Note: See N.J.S.A. 2A:50-73 and N.J.S.A. 40:48-2.12s1 et seq.

§ 13-5.2 Definitions.

[Added 9-13-2022 by Ord. No. 2022-003]

All words, terms, and phrases used within this section shall be defined and interpreted consistent with their meanings as outlined within P.L. 2021, c. 444 as may be amended from time to time.

A “creditor” shall mean: a State chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the “New Jersey Residential Mortgage Lending Act,” sections 1 through 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through N.J.S.A. 17:11C-89), and any entity, agent, or assignee acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. 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.

A property shall be deemed “vacant and abandoned” for purpose of this section if:

The property is not legally occupied by a mortgagor or tenant, and

The property is not legally reoccupied, because of at least two (2) of the following conditions:

Overgrown or neglected vegetation;

The accumulation of newspapers, circulars, flyers, or mail on the property;

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.

§ 13-5.3 Establishment and Administration of Registry.

[Added 9-13-2022 by Ord. No. 2022-003]

The Township of Frankford shall create and maintain a registry of all commercial and/or residential properties within its municipal boundary for which a summons and complaint in an action to foreclose has been filed with the New Jersey Superior Court, pursuant to its authority granted by P.L. 2021, c. 444. This registry will be formed and maintained to assist the Township with regulating the maintenance, security, and upkeep of properties which may become vacant and abandoned during the foreclosure process, in order to prevent the deleterious effects of blight associated with vacant and abandoned properties that are not maintained.

The Township of Frankford may, at its discretion, create, maintain and administer this registry independently, retain the professional services of a third party pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., or participate in a Shared Services Agreement with other local units, counties, and/or County Improvement Authorities for the creation, maintenance and administration of the registry pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq.

Any third parties retained to create, maintain, and/or administer the registry shall have the authority, on behalf of the Township to:

Identify properties subject to the registration requirement;

Maintain and update the registration list;

Communicate with creditors and/or in-state representatives;

Invoice and collect payment of fees;

Monitor compliance; and

Such other functions, within the scope of P.L. 2021, c. 444, which may be deemed necessary to carry out its function on behalf of the Township.

Any third parties retained to create, maintain, and/or administer the registry shall be required to comply with the following reporting and payment requirements:

Any and all amounts collected by the third party as part of its administration of the Township’s registry, including registration fees, interest, and penalties, shall be paid, in full directly to the Township or Sussex County, and/or Sussex County Improvement Authority as applicable, not less than once per year, or as otherwise directed by the Township. No fees, payments, expenses, or other deductions shall be made from this payment; payment for any third party’s services under this section shall be made by the Township, or as applicable, the County/County Improvement Authority, directly to the third party, under the terms and conditions outlined within the contract for professional services.

Not less than once per year on the first business day of each calendar year, or as otherwise may be requested by the Tax Collector, any third party administering the Township’s registry shall file with the Tax Collector a certification identifying:

The address, block, lot and contact information of any property for which registration fees under this section are due and owing at the time of the certification;

The amount of the registration fees, and separately, any interest, fines, and other penalties due and owing at the time of the certification; and

The date on which the property became eligibility for inclusion on the Township’s registry.

The Township’s Clerk or his or her designee shall serve as the municipal official responsible for notifying creditors, establishing and maintaining the registry, determining eligibility for designation as a vacant and abandoned property under this section, and for imposing fees, penalties, and/or violations. The responsibilities herein may be designated to a third party, pursuant to the terms and conditions of a contract for professional services consistent with P.L. 20201, c. 444.

§ 13-5.4 Registration, Notice, and Other Creditor Requirements.

[Added 9-13-2022 by Ord. No. 2022-003]

Within 30 days of the effective date of this section, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Township of Frankford: (i) prior to the effective date of this section, and (ii) which is pending as of the effective date of this section, shall provide notice in accordance with subsection b of this subsection.

Within 10 days of filing a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located with the Township of Frankford, the creditor shall notify the Township Clerk, or his or her designee, of the action. Such notice shall include:

The address, block, and lot of the subject property;

The date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing;

Whether the property is vacant and abandoned in accordance with the definition in this section;

The full name, address and telephone number for the representative of the creditor who is responsible for receiving notice of complaints of property maintenance and code violations;

The full name, address, and telephone number of any person or entity retained by the creditor or a representative of the creditor to be responsible for any care, maintenance, security, or upkeep of the property; and

If the creditor is out-of-State, the full name, address, and telephone number of an in-State representative or agent who shall be responsible for any care, maintenance, security or upkeep of the property, and for receiving notice complaints of property maintenance and code violations.

The notice requirements herein represent a continuing obligation through the pendency of this foreclosure action. After initial notice to the Township, creditors subject to the notice requirement shall update the Township’s property registration program within 10 days of any change in the information contained in the original or any subsequent notices.

Creditors of any commercial and/or residential mortgage required to notify the Township pursuant to this section shall:

Register the property with the Township’s property registration program as a property in foreclosure, within 30 days of notifying the Township;

Be subject to the registration fee, notice requirements and penalties for non-compliance established within this section;

Update the property registration within 10 days of any chance in the information contained in the original notice to the Township;

If an out-of-State creditor, appoint an in-state representative or agent to act for the foreclosing creditor, whose contact information shall be contained within the initial notice to the Township;

Within 10 days of the property becoming vacant and abandoned at any time during the pendency of the foreclosure action, the creditor shall:

Assume responsibility for the care, maintenance, upkeep and security of the exterior of the property;

Secure the property against unauthorized entry;