[Adopted 9-14-1981 by Ord. No. 1981-8; amended in its entirety 9-22-2003 by Ord. No.
2003-12]
A certain document, three copies of which are
on file in the office of the City Clerk of the City of Bordentown
at City Hall, Bordentown, Burlington County, New Jersey, being marked
and designated as the current edition of the International Property
Maintenance Code, as published by Building Officials and Code Administrators
International, Inc. (BOCA), be and the same is hereby adopted as the
Property Maintenance Code of the City of Bordentown, in the County
of Burlington and State of New Jersey, for the control of buildings
and structures as herein provided, and each and all of the regulations
of the Basic Property Maintenance Code are hereby referred to, adopted
and made a part hereof as if fully set out in this chapter.
The following amendments and supplements are
herewith made to the current edition of the International Property
Maintenance Code hereinabove mentioned and hereby adopted:
A. The title shall be amended as follows:
Title: These regulations shall
be known as the "Property Maintenance Code of the City of Bordentown,"
hereinafter referred to as the "Property Maintenance Code."
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B. The penalties shall be amended as follows:
Penalty: Any person, firm or corporation who shall violate any provision of this code shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article I, Violations and Penalties, each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof; shall be deemed a separate offense.
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[Added 6-13-2011 by Ord. No. 2011-07]
Traffic visibility across corner lots. All corner lots existing
at the intersection of two public streets must comply with the provisions
of 2004 AASHTO's "A Policy on Geometric Design of Highways and Streets
Standards" and based upon the speed limits established by the government
agency having jurisdiction. Within the sight triangle established
thereby: no wall, fence, structure or other object shall be erected
to a height in excess of 30 inches; no vehicle, object or other obstruction
of a height in excess of 30 inches shall be permitted; and no hedge,
tree, shrub or other growth shall be maintained at a height in excess
of 30 inches, except that trees whose branches are trimmed away to
a height of at least 10 feet above the curb level shall be permitted.
[Adopted 4-10-2023 by Ord. No. 2023-04.]
It is the intent of this article to enable the City of Bordentown
to engage in the identification, registration, monitoring, and mitigation
of properties that are or may become vacant and abandoned to the fullest
extent permitted by P.L. 2021, c. 444. 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.
All words, terms, and phrases used within this article 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.
CREDITOR
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, §§ 1
through 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 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.
VACANT AND ABANDONED
For purposes of this article a property shall be deemed "vacant
and abandoned" if:
A.
The property is not legally occupied by a mortgagor or tenant;
and
B.
The property cannot be legally reoccupied because of at least
two of the following conditions:
(1)
Overgrown or neglected vegetation;
(2)
The accumulation of newspapers, circulars, flyers, or mail on
the property;
(3)
Disconnected gas, electric, or water utility services to the
property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
(5)
The accumulation of junk, litter, trash, or debris on the property;
(6)
The absence of window treatments such as blinds, curtains, or
shutters;
(7)
The absence of furnishings and personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(11)
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;
(12)
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;
(13)
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;
(14)
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.