[Adopted 8-9-1995 by Ord. No. 8-1995]
The presence upon lands lying within the corporate
limits of the Township of Pittsgrove of abandoned refrigerators, washing
machines, old furniture, abandoned and cast-out junk of various sorts,
brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris is hereby decreed to be a nuisance
and to be detrimental to the public health, safety and general welfare
and likely to present a fire hazard.
[Added 8-27-2002 by Ord. No. 4-2002]
All new driveways constructed in the Township of Pittsgrove shall be governed in accordance with §
84-12 of the Township Code of the Township of Pittsgrove. Said driveways will be maintained in accordance with this article. Driveways which were constructed prior to the adoption of §
84-12 shall be maintained in an adequate condition to permit access by emergency vehicles, including fire and rescue vehicles. The driveway width shall conform to the design standards specified in §
60-42 of the Code of the Township of Pittsgrove, if subject to site plan review. For uses and structures which are not subject to site plan review, driveways shall have a minimum width of 10 feet and a maximum width of 20 feet, and shall be cleared to a height of no less than 15 feet. The driveways will be maintained in such a fashion as to remove all brush, tree branches, landscaping and debris to allow for clear access of emergency vehicles, including fire and rescue vehicles.
[Amended 8-27-2002 by Ord. No. 4-2002]
A. The owner or tenant of lands lying within the corporate
limits of the Township of Pittsgrove is hereby required to remove
or cause to be removed any abandoned refrigerators, washing machines,
old furniture, abandoned and cast out junk of various sorts, brush,
weeds, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash and debris within 10 days after receipt by such owner
or tenant of a written notice from the Zoning Officer of the Township
of Pittsgrove.
B. The owner or tenant of lands lying within the corporate limits of the Township of Pittsgrove is hereby required to maintain a clear accessway in accordance with §
73-1.1 within 10 days after receipt by such owner or tenant of a written notice from the Zoning Officer of the Township of Pittsgrove.
[Adopted 5-25-2016 by Ord. No. 7-2016; amended in its entirety 6-28-2023 by Ord. No. 2023-7]
It is the purpose and intent of the Committee to establish a
process to address the potential deterioration and decline in value
of Township neighborhoods caused by vacant and abandoned properties
and property with defaulted mortgages located within the Township,
and to identify, regulate, limit, and reduce the number of these properties
located within the Township. It has been determined that owner-occupied
structures are generally better maintained when compared to vacant
structures, even with a diligent off-site property owner. Vacant structures
or structures owned by individuals who are economically strained and
unable to meet their mortgage obligations are often not properly or
diligently maintained, which contributes to blight and declined property
values, and has a negative impact on social perception of the residential
areas where they are located. It is the Committee's further intent
to establish a registration program as a mechanism to help protect
neighborhoods from becoming blighted through the lack of adequate
maintenance of properties that are in default or defaulted, and to
provide a mechanism to avert foreclosure actions through timely intervention,
education, or counseling of property owners.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ABANDONED PROPERTY
Pursuant to N.J.S.A. 55:19-81 is defined as follows:
A.
Any property that has not been legally occupied for a period
of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by the appropriate public officer that:
(1)
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and no rehabilitation has taken place
during that six-month period;
(2)
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the public officer pursuant to this
section;
(3)
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Chapter 4 of Title
54 of the Revised Statutes as of the date of the determination by the public officer
pursuant to this section; or
(4)
The property has been determined to be a nuisance by the public
officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
B.
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection
A(1) or
(4) of this definition.
ANNUAL REGISTRATION
Twelve months from the date of the first action that requires
registration, as determined by the Township, or its designee, and
every subsequent 12 months the property is registrable. The date of
the initial registration may be different than the date of the first
action that required registration.
DEFAULT
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt, referred to in the mortgage.
ENFORCEMENT OFFICER
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector, Building Inspector, or other
person authorized by the Township to enforce the applicable code(s).
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to, overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash, junk, or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows, or other openings in violation of applicable
code(s).
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lienholder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. This definition shall include, but is not limited to,
a complaint and summons filed with respect to foreclosure on a mortgage,
a lis pendens filed against it by the lender holding a mortgage on
the property, a deed in lieu of foreclosure, sale to the mortgagee
or lienholder, certificate of title and all other processes, activities,
and actions, by whatever name, associated with the described process.
The legal process is not concluded until the property obtained by
the mortgagee, lienholder, or their designee, by certificate of title,
or any other means, is sold to a nonrelated bona fide purchaser in
an arm's-length transaction to satisfy the debt or lien.
MORTGAGEE
The creditor, including but not limited to trustees, mortgage
servicing companies, 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, or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities.
OWNER
Every person or entity who, alone or severally with others,
has legal or equitable title to any real property as defined by this
article; has legal care, charge, or control of any such property;
is in possession or control of any such property; and/or is vested
with possession or control of any such property. The property manager
shall not be considered the owner.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining, and securing the property as required in this article.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Township limits.
REGISTRABLE PROPERTY
A.
Any real property located in the Township, whether vacant or
occupied, that is encumbered by a mortgage in default, as evidenced
by a complaint filing or foreclosure filing, is subject to an ongoing
foreclosure action by the mortgagee or trustee, has been the subject
of a foreclosure action by a mortgagee or trustee and a judgment has
been entered, or has 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. The designation of a foreclosure property
as registrable shall remain in place until such time as the property
is sold to a nonrelated bona fide purchaser in an arm's-length
transaction or the foreclosure action has been dismissed; or
B.
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
REGISTRY
A web-based electronic database of searchable real property
records, used by the Township to allow mortgagees the opportunity
to register properties and pay applicable fees as required in this
article.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Township codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation,
including, but not limited to, any property meeting the definition
of abandoned property in N.J.S.A. 55:19-80; provided, however, that
any property where all building systems are in working order, where
the building and grounds are maintained in good order, or where the
building is in habitable condition, and where the building is being
actively marketed by its owner for sale or rental, shall not be deemed
a vacant property for purposes of this article.
This article applies to defaulted and vacant property within
the Township.
The Township, or its designee, shall establish a registry cataloging
each registrable property within the Township, containing the information
required by this article.
The provisions of this article are cumulative with and in addition
to other available remedies. Nothing contained in this article shall
prohibit the Township from collecting on fees, fines, and penalties
in any lawful manner or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or ordinance.
All registrable property is at risk of being a public nuisance
and if vacant or blighted can constitute 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 Township.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this article shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Township
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 article.
Registration fees and penalties outlined in this article may
be modified by an amendment to this article, passed and adopted by
the Committee.