[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 10-24-2001 by Ord. No. 19-2001; amended in its entirety 8-25-2004 by Ord. No. 26-2004. Subsequent amendments noted where applicable.]
[Added 11-10-2022 by Ord. No. 22-2022]
The Borough of Eatontown hereby establishes and adopts the most recently approved New Jersey Department of Community Affairs versions of the International Property Maintenance Code as the property maintenance code for the Borough of Eatontown for the control of property, buildings and structures as defined therein; and each and all of the regulations, provisions, penalties, conditions and terms of the International Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out herein, with the additions prescribed in §§ 250-1 through 250-7. Should the New Jersey Department of Community Affairs subsequently adopt a newer version of the International Property Maintenance Code, this chapter hereby incorporates and approves the later adopted version.
[Amended 10-13-2010 by Ord. No. 21-2010; 10-22-2024 by Ord. No. 18-2024; 7-9-2025 by Ord. No. 09-2025]
The owner and person in control of each premises or entity in the Borough shall maintain the exterior property and confines with the following regulations:
A. 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
B. 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways and parking spaces in similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
C. 
Removal of weeds, brush and other impediments. All premises and exterior property shall be maintained free from weeds, grass, brush or plant growth in excess of 10 inches. All noxious weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris shall be removed where the same are inimical to the preservation of public health, safety or the general welfare of the Borough residents or which may constitute a fire hazard. Weeds and grass shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens.
D. 
Public streets and sidewalks. The owner or owners, tenant or tenants of all lands abutting on any highway or public street or avenue in the Borough shall remove all grass, weeds, brush and other impediments and shall trim, where deemed necessary, trees, bushes and hedges where they serve as impediments to part of the street, avenue, or highway, sidewalks or gutters bordering or abutting to said lands.
E. 
Motor vehicles in residential areas. The owner or owner, tenant or tenants, of all residential property, shall not allow more than one currently unregistered and/or uninspected motor vehicle to be parked on the property in any residential district, and said vehicle shall not at any time be in a state of major disassembly, disrepair or reasonably appear to be abandoned, nor shall it be in the process of being stripped or dismantled. A vehicle of any type shall not, at any time, undergo major overhaul, including bodywork, in a residential district, unless such work is performed inside a structure or similarly enclosed area, designed and approved for such purposes and allowed by the ordinances of the Borough of Eatontown.
F. 
Abandoned vehicles in nonresidential areas. The owner and owners, tenant and tenant, of all land in the Borough of Eatontown, in all residential areas, shall not have more than two currently unregistered and/or uninspected motor vehicles on the property in a nonresidential district, and shall not, at any time, have a motor vehicle in a state of major disassembly, disrepair or reasonably appear to be abandoned, nor shall it be in the process of being stripped or dismantled.
G. 
Construction equipment, vehicles and/or construction materials. No person shall keep, store or leave, either permanently or temporarily, any construction equipment, vehicle or construction materials on any residential lot within the Borough, which premises are not then currently being improved for development as the result of a permit issued by the Construction Code Official.
H. 
Storage of materials for new construction; time allowed.
(1) 
New construction materials may be stored in the house or enclosed accessory structure, back yard or side yard only when it is for the use of a construction project with an open permit, and the materials must be used or removed within six months of the beginning of the project. A driveway may be used for storage only in the event that no side yard or back yard space is accessible or available, and provided that the materials are not stored in front of the house. No construction materials shall be permitted to be stored in the front yard for more than 24 hours.
(2) 
Stored materials shall be elevated off the ground and covered to prevent harboring and infestation
I. 
Debris from construction or demolition of building; time allowed. No person shall permit land to be covered with or contain refuse or debris resulting from the construction activities or the demolishing of a building, which refuse or debris has remained on the land for more than:
(1) 
Thirty days after the completion of the construction activities or demolition work; or
(2) 
Six months after the permit for such activity or work was granted, whichever is soonest.
J. 
Commercial properties. Exterior storage of any kind is prohibited unless approval is granted through a site plan application.
K. 
Shopping carts.
(1) 
The owners of all properties where shopping carts are authorized to be used shall ensure that the shopping carts are properly collected and stored in designated areas. Property owners who do not timely collect and store their shopping carts in designated areas on their properties shall be liable for the penalties set forth within this Chapter 250.
(2) 
The owners of all properties where shopping carts are not authorized to be used shall be responsible to clear, remove and to properly discard of all shopping carts located on the exterior of their properties. Property owners who fail to comply with these provisions shall be liable for the penalties set forth within this Chapter 250.
The Zoning Officer, Special Code Enforcement Officer or other designated officer is authorized to notify, in writing, by mailing by certified mail, return receipt requested, and regular mail or hand delivering to the owner, or person or entity in control of the subject premises or the agent of the owner, person in control or entity advising him or the entity of the particular violation. The person or entity shall have 10 days from the date of receipt of the notice to cure the violation. Said notice shall be deemed to serve as a continuing notice for the remainder of the calendar year, and the Borough may, without further notice, cut, destroy, remove and/or correct any existing violation on the subject property in accordance with the provisions of this chapter.
Upon the failure, neglect or refusal of any owner, tenant, person or entity in control or his, hers or its agent to cut, destroy and remove any weeds, grass, or motor vehicle, existing, growing, lying or located on the owner's property in order to correct conditions in violation of this chapter within the ten-day period prescribed by this chapter, then the Borough is authorized to cut, destroy and/or remove any weeds, grass or motor vehicles or correct any violation in order to pay for the cutting, destroying or removal of weeds, grass, or motor vehicles or the correction of said violation.
Should the Borough be required to cut, destroy and/or remove weeds, grass and/or motor vehicles or correct any violation of this chapter, the Public Works Director, Special Code Enforcement Officer or other designated individual shall certify the cost thereof to the Borough Council, which shall examine the certificate and, if found correct, authorize the forwarding of a bill to the property owner for payment within 30 days of the date of the bill. The amount of the charges shall become a lien upon the lands and shall be added to and become part of the taxes to be assessed upon those lands, and to bear interest at the same rate as taxes. The cost shall be in addition to any penalties imposed for any violation of this chapter.
In the event that a person or entity fails to comply with this chapter by committing an unlawful act, a fine of no less than $500 or more than $1,000 or imprisonment of not more than 90 days shall be imposed if the violation is not cured within the time period prescribed by § 250-2 involving notice to the property owner, tenant and/or person or entity in control. The issuance of a summons for violation of the aforesaid chapter by the Zoning Enforcement Officer, Special Code Enforcement Officer or other designated officer shall be in addition to the lien provisions set forth above.
The maintenance ordinance standards and regulations shall be in addition to the provisions of any other applicable ordinance, law, rule or regulation. Nothing in this chapter shall be construed to impair or prevent enforcement of any other ordinance, law, rule or regulation.
[Added 10-13-2010 by Ord. No. 21-2010]
When the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to public safety, the Code Enforcement Official may order the owner, operator or occupant to correct the violation or condition immediately. Any person to whom such order is directed shall, upon petition to the enforcement officer, be afforded a hearing as soon as possible. In the event that the order is disregarded by the property owner or person to whom the order is directed, the enforcement officer shall have the right to remediate the violation in accordance with the procedures outlined in this chapter.
[Added 10-11-2023 by Ord. No. 28-2023]
A. 
Definitions. The following terms, wherever used herein or referred to in this chapter, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:
AGENT or MANAGING AGENT
The individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this chapter. If the owner provides no such designation, the owner shall be considered the agent or managing agent. In any event, the owner shall be responsible for any acts or omission by the designated agent. The term does not necessarily mean a licensed real estate broker or salesman of the State of New Jersey as those terms are defined by the N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesman of the State of New Jersey if such person designated by the owner as his agent is so licensed. When used in chapter, the agent, managing agent and/or operator may be the same person.
OPERATOR
Any person who has charge, care or control of a premises or a part thereof, whether with or without the knowledge and consent of the owner.
OWNER
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 fiduciary, including, but not limited to: executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning 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.
VACANT AND ABANDONED PROPERTY
Any residential or commercial building which is not legally occupied by a mortgager or tenant, which is in such a condition that it cannot be legally reoccupied, and at which at least two of the following conditions exists:
(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.
[Added 10-11-2023 by Ord. No. 28-2023]
A. 
Except as provided in § 250-9E, the owner of any vacant and abandoned property, as defined herein, shall, within 60 days after the building becomes vacant property file a registration statement for each such vacant property with the Director of the Department of Land Use on forms provided by that Director of the Department of Land Use for such purposes.
B. 
The owner shall be required to renew the registration annually as long as the property remains vacant and abandoned property and shall pay a registration or renewal fee in the amount prescribed in § 250-16 of this article for each vacant property registered.
C. 
The owner shall notify the Director of the Department of Land Use within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Director of the Department of Land Use for such purpose.
D. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the owner or owners of the property.
E. 
This chapter shall not apply to property owned by the federal government of the United States, or any of its agencies or instrumentalities.
[Added 10-11-2023 by Ord. No. 28-2023]
A. 
After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Borough to conduct an exterior and interior inspection of the building to determine compliance with the Borough Code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.
B. 
The registration statement shall include the name, address, email address and telephone number of a natural person 21 years of age or older, designated by the owner as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner in connection with the enforcement of any applicable code. This person must maintain an office in the State of New Jersey or reside within the State of New Jersey. The statement shall also include the name, address and telephone number of the person responsible for maintenance and security of the property, if different. The owner may designate the agent or managing agent as defined herein, or operator as defined herein.
C. 
An owner who is a natural person and who meets the requirements of this article as to location of residence or office may designate himself or herself as agent.
D. 
By designating an authorized agent under the provisions of this section, the owner consents to receiving any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered vacant property by service of the notice or process upon the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Director of the Department of Land Use of a change of authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of this article.
[Added 10-11-2023 by Ord. No. 28-2023]
Except as provided in § 250-9E, the owner or authorized agent of any property that has become vacant property, and any person maintaining, operating or collecting rent for any such building that has become vacant, shall, within 30 days thereof:
A. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Borough Code or as set forth in rules and regulations supplementing the codes; and
B. 
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to § 250-10 of this chapter), and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner or authorized agent. The sign shall be of a size and placed in such a location so as to be readable from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches; and
C. 
Continue to secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete.
[Added 10-11-2023 by Ord. No. 28-2023]
A. 
A creditor as defined under N.J.S.A. 40:48-2.12s2d and/or N.J.S.A. 40:48-2.12s3i and filing a summons and complaint in an action to foreclose upon a property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of this article, pursuant to the provisions of N.J.S.A. 2A:50-73, or otherwise.
B. 
A creditor filing a summons and complaint in an action to foreclose on any property located within the Borough shall register the subject property with the Borough's property registration system as a property in foreclosure by filing a registration statement with the Director of the Department of Land Use on the forms provided for such purposes. In connection with registering the property to be foreclosed upon, pursuant to N.J.S.A. 46:10B-51, the creditor shall submit a written notice to the Director of the Department of Land Use that a summons and complaint has been filed against the property. The notice shall include the street address, lot and block number of the subject property, the date the summons and foreclosure complaint were filed, the court in which the action was filed, the docket number, and whether the property is vacant and abandoned. The notice must also contain the full name, address and telephone number of the lender who is responsible for receiving complaints concerning property maintenance and code violations; and the full name and contact information for any person or entity retained by the lender to be responsible for any care, maintenance, upkeep and security for the property.
C. 
If there is any change in name, address or telephone number for a representative agent, or individual authorized to accept service on behalf of a creditor required to be provided in a notice pursuant to this chapter following the filing of the summons and complaint, the creditor shall provide notice the Director of the Department of Land Use as soon as possible, but no later then 10 from the date of any change in such information.
D. 
Any lender or creditor that has initiated a commercial foreclosure proceeding to foreclose upon property located within the Borough must provide the Director of the Department of Land Use with a list of all commercial properties in the Borough for which the lender has foreclosure actions pending.
E. 
If the property subject to the foreclosure action is vacant and abandoned property at the time the summons and complaint are filed, the creditor filing a summons and complaint shall register the property with the Borough pursuant to this chapter. If the property subject to the foreclosure proceedings becomes vacant and abandoned during the pendency of the action, the creditor filing the summons and complaint shall be responsible for updating the Borough's property registry to reflect the change in status of the subject property.
F. 
If the property subject to the foreclosure action is vacant and abandoned or becomes vacant and abandoned during the pendency of the action, the creditor who filed the foreclosure action shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the Borough's property registration program. In addition to the responsibilities set forth in this chapter, the creditor's minimum responsibilities under this section shall also include, but are not limited to, securing the property against unauthorized entry, posting a sign affixed to the inside of the property that is visible to the public indicating the name, address and telephone number of the creditor or an out-of-State creditor's in-state representative or agent for the purpose of receiving process, and acquiring and otherwise maintaining liability insurance by procuring a vacancy policy covering any damage to any person or any property caused by any physical condition on the property while registered with the property registration program.
G. 
Any creditor required to register a property under this section shall pay an initial registration fee of $500 per property and $500 for each subsequent year the foreclosure action is pending. If the property is vacant and abandoned as defined by § 250-8 when the action to foreclose is filed or becomes vacant and abandoned at any time thereafter while the foreclosure action is pending, there shall be an additional registration fee of $2,000 per property. The creditor shall thereafter pay an annual vacant and abandoned registration fee of $2,000 during the pendency of the foreclosure.
[Added 10-11-2023 by Ord. No. 28-2023]
A. 
If the public officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure, and upkeep a vacant and abandoned property has failed to do so in violation of the provisions of this article, the public officer or other authorized municipal official, shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute proof that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73 of the Fair Foreclosure Act.
B. 
A creditor subject to this article found by a court of competent jurisdiction to be in violation of the requirement to correct a care, maintenance, security or upkeep violation cited in a notice issued pursuant to this subsection shall be subject to a fine of $1,500 for each day that the violation continues. Such fine shall commence 31 days following the creditor's receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fine shall commence 11 days following the creditor's receipt of the notice.
C. 
If the Borough expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to this section, but failed to abate the nuisance or correct the violation as directed, the Borough shall have the same recourse against the creditor as it would against a title owner of the property, including, but not limited to, the recourse provided under N.J.S.A. 55:19-100.
[Added 10-11-2023 by Ord. No. 28-2023]
In the event the creditor that has filed a summons and complaint in an action to foreclose on a commercial property is located out-of-state, the notice required by § 250-12 shall also contain the full name, address and telephone number of an in-state representative or agent who shall be responsible for the care, maintenance, security and upkeep of the exterior of the property in the event the property becomes vacant and abandoned. An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500 for each day of the violation commencing on the 11th day after the foreclosure complaint is served, as set forth in N.J.S.A. 46:10B-51.
[Added 10-11-2023 by Ord. No. 28-2023]
The Code Enforcement Office will maintain a registry of vacant and abandoned property and properties subject to foreclosure proceedings that tracks the history and plan of action developed by Borough Administration for alleviating such conditions. The registry of vacant and abandoned property and properties subject to foreclosure proceedings will be available for public inspection. The Borough Council will receive the current registry of vacant and abandoned property and properties subject to foreclosure proceedings along with the Mayor's proposed budget so that the Council shall have the ability to allocate funds for that year to alleviate those conditions where possible.
[Added 10-11-2023 by Ord. No. 28-2023]
A. 
For vacant and abandoned properties being registered by the owner:
Vacant Property Registration
Fee Schedule
Initial registration and annual renewal without maintenance or code violations
$250
The first renewal if any property maintenance or code violations that existed at the time of the previous registration remain unabated at the time of renewal or if there is a new such violation on the property that remains unabated at the time of renewal
$500
Any subsequent renewal if any property maintenance or code violations that existed at the time of the previous renewal remains unabated at the time of renewal or if there is a new such violation on the property that remains unabated at the time of renewal
$750
B. 
For vacant and abandoned properties being registered by a creditor:
Vacant Property Registration
Fee Schedule
Initial registration
$500
Any subsequent renewal
$2,500
[Added 10-11-2023 by Ord. No. 28-2023]
The Director of the Department of Land Use may issue rules and regulations for the administration of the provisions of this chapter concerning vacant and abandoned property.
[Added 10-11-2023 by Ord. No. 28-2023]
A. 
Any owner or authorized agent who is not in full compliance with this chapter or who otherwise violates any provision of this chapter or of the rules and regulations issued hereunder shall be subject to a fine of not less than $500 and not more than $1,000 for each offense.
B. 
Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property.