[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 2-8-1983 by Ord. No. 2-83 (Ch. 99 of the 1974 Code).
Amendments noted where applicable.]
This chapter shall be known as the "Property
Maintenance Code of the Borough of Totowa" and may be referred to
in the short form as the "Property Maintenance Code" or in this chapter
as "this code."
It is hereby found and declared that there exist
in the Borough structures and vacant lots which are or may become
in the future substandard with respect to structural integrity, equipment
or maintenance, and further that such conditions, including but not
limited to structural deterioration, lack of maintenance of exterior
premises and vacant lots, infestation, lack of maintenance or upkeep
of essential facilities and utilities, existence of fire hazards and
unsanitary conditions, constitute a menace to the health, safety,
welfare, and reasonable comfort of the citizens and inhabitants of
the Borough. It is further found and declared that by reason of lack
of maintenance and ensuing progressive deterioration certain properties
have the further effect of creating blighting conditions and that,
by reason of timely regulations and restrictions, as herein contained,
the growth of this blight may be prevented and the neighborhood and
property values thereby maintained, the desirability and amenities
of dwellings and neighborhoods enhanced and the public health, safety
and welfare protected and fostered.
The purpose of this code is to protect the public
health, safety and welfare by establishing minimum standards governing
the maintenance and condition of the exterior of residential and nonresidential
premises; to avoid, prevent and eliminate the maintenance of or creation
of hazards to the public health or safety; to avoid, prevent and eliminate
conditions which, if permitted to exist or continue, will depreciate
or tend to depreciate the value of adjacent or surrounding properties;
to prevent the creation, continuation, extension or aggravation of
blight; to fix certain responsibilities and duties upon owners, operators
and occupants of property; and to provide for administration and enforcement
of this chapter.
Every residential and nonresidential structure
and the premises on which they are situated in the Borough used or
intended to be used for dwelling, commercial, business or industrial
occupancy shall comply with the provisions of this code, whether or
not such structure shall have been constructed, altered or repaired
before or after the enactment of this code and irrespective of any
permits or licenses which shall have been issued for the use or occupancy
of the structure or for the installation or repair of equipment or
facilities prior to the effective date of this code.
In any case where the provisions of this code
impose a higher standard than that set forth in any ordinance of the
Borough or under the laws of the State of New Jersey, then the standards
as set forth herein shall prevail; but if the provisions of this code
impose a lower standard than any ordinance of the Borough or of the
laws of the State of New Jersey, then the higher standard contained
in any such other ordinance or law shall prevail.
Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the municipality or its officers or
agencies relating to the removal or demolition of any buildings or
structures which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, be defined as follows:
The condition of a structure or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Except as defined in § 295-10A, the Construction Official or his authorized representative.
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent properties,
including all outside surfaces and appurtenances thereto, and the
open space on the premises outside any building or structure erected
thereon.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food by poison spraying,
fumigating, trapping or by any other approved pest elimination methods.
Any thing or any act which increases or may cause any increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire or which may obstruct, delay or
hinder or may become the cause of an obstruction, delay, hazard or
hindrance to the prevention, suppression or extinguishment of fire.
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
All native and nonnative vines and vegetation that grow beyond
the boundaries of the property lines and are competitive, persistent
and pernicious. These plants may damage trees, vegetation or structures.
Examples include but are not limited to bamboo (spreading or running
type), ragweed, multiflora rose, kudzu-vine and poison ivy or oak.
[Added 6-23-2015 by Ord.
No. 13-2015]
Any public or private condition that would constitute a "nuisance"
according to the statutes, laws and regulations of the State of New
Jersey, any of its agencies or this code; any physical condition existing
in or on the exterior of any premises which is potentially dangerous,
detrimental or hazardous to the health or safety of persons on, near
or passing in proximity of the premises where said condition exists.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation in charge of, residing, living or sleeping
in or on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this chapter.
Any person, persons or entity not the owner, who has charge,
care or control of a structure or a part thereof, with or without
the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building, structure
or part thereof, as owner or agent of the owner, or as fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purposes of this section and
shall have responsibility over that portion of the premises so sublet,
leased or assigned.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon.
All combustible and noncombustible waste materials other
than garbage; and the term shall include paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and the residue from
burning wood, coal, coke or other combustible material and solid commercial
and industrial waste. No chemicals such as those used in swimming
pools, oil, gasoline or any other chemical which could cause a fire,
explosion or obnoxious gas shall be considered "rubbish."
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this chapter,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder, nor may any such person or entity assert
as a defense against any charge made under this chapter that another
owner, operator or occupant or any other third person or entity is
also responsible therefor and in violation thereof.
A.
Exterior of premises. The exterior of all premises
shall be kept free from hazards, which include but are not limited
to the following:
(1)
Garbage and rubbish, as defined in this chapter. Garbage containers will be permitted adjacent to the roadway during the hours set forth in § 341-31. Containers used for the storage of garbage and rubbish shall be limited to 50 pounds, including contents and container. Only garbage and rubbish resulting from the actual use of the premises may be permitted on the premises. This section shall be enforced by police officers as well as the officers defined in § 295-7.[1]
(2)
Unsafe structures: structurally unsafe or unsound
buildings, structures or fences or abandoned, uncovered or structurally
unsound wells, shafts, towers, exterior cellar openings, basement
hatchways, foundations or excavations.
(3)
Discarded appliances: abandoned refrigerators, boilers,
hot-water heaters, television sets and other similar major appliances.
(4)
Natural growth; lawns and shrubs.
[Amended 7-25-2000 by Ord. No. 06-2000]
(a)
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.
(b)
Lawns and shrubs. All lawns shall be maintained.
Grass shall be cut so as not to exceed a height of seven inches tall.
All hedges and shrubs shall be trimmed to a neat appearance.
(5)
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 people if caused to fall.
(6)
Ground surface hazards: hidden or uncovered ground
or surface hazards, such as holes, sudden depressions, excavations,
sharp or jagged projections or obstructions.
(7)
Recurring accumulations of stormwater: stagnant surface
or groundwater accumulations which create or are likely to create
mosquito or other insect breeding areas.
(8)
Infestation: rodents, vermin, pest infestations and
conditions causing same.
(9)
Nuisances: as defined in this chapter.
(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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Exterior walls, sidings and roofs. Exterior walls,
sidings, gutters and leaders and roofs shall be kept structurally
sound, in good repair and free from defects.
(6)
Exterior chimneys. Exterior chimneys 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.
C.
Steps, walks, driveways and parking lots. Steps, walks,
driveways, 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,
or necessary repairs or replacement shall be performed promptly.
D.
Invasive plants. All persons must control the growth of invasive
plants. Failure to control the spread of such vegetation beyond the
boundaries of a resident's property lines is a violation of this chapter.
Each owner shall be required to take such measures as are reasonably
expected to prevent such plants from invading or growing onto adjoining
or neighboring properties. Such measure shall include, but not be
limited to, installation of sheathing impenetrable by plants at a
sufficient depth, which shall be a depth of a minimum of three feet,
within the property line or lines where invasive plants are growing
to prevent the growth or encroachment upon adjoining or neighboring
property by the invasive plants.
[Added 6-23-2015 by Ord.
No. 13-2015]
A.
Enforcement officer. It shall be the duty and responsibility of the Construction Official of the Borough to enforce the provisions of this code as herein provided. "Construction Official" throughout this chapter shall also mean subordinates of the Construction Official and all enforcement officers defined in § 295-7.
B.
Coordination of enforcement. Inspection of premises
and the issuing of orders in connection therewith under the provisions
of this code shall be the exclusive responsibility of the Building
Department of the Borough. Wherever in the opinion of the Construction
Official it is necessary or desirable to have inspections of any condition
by any other department, he shall arrange for this to be done. No
order for correction of any violation under this code shall be issued
without the approval of the Construction Official, and it shall be
the responsibility of that official 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.
C.
Inspections. The enforcement officer is authorized
to enter upon any land at any reasonable time for the purpose of performing
his duty under this code.
D.
Enforcement procedure. Whenever an enforcement officer
determines that there is or has been a violation of any provision
of this chapter, he 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 property
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 municipality,
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.
Notice shall be given as aforesaid within or without the municipality.
The notice shall also 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. 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. 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. Any extension beyond 60 days
must be approved by the Mayor and Council.
E.
Emergency conditions.
[Amended 7-24-2012 by Ord. No. 07-2012]
(1)
Whenever
the Enforcement Officer finds that an emergency condition in violation
of this chapter exists, which condition requires immediate attention
in order to protect the public health or safety, he may, without a
hearing, issue an order reciting the existence of such a hazardous
or serious violation or emergency and requiring that such action be
taken as he deems necessary to meet the emergency or to remedy the
hazardous or serious violation. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately, but upon
petition to the Enforcement Officer shall be afforded a hearing as
soon as possible. After such hearing and decision by the Enforcement
Officer, depending upon his findings as to whether or not the provisions
of this chapter have been complied with, the Officer shall 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.
(2)
In
the event that the owner of the premises fails to correct said emergency
condition within the period set forth in such order, the order may
provide for the Borough of Totowa to take such action as deemed necessary
to remedy said emergency condition, and the cost of said remedy, together
with any other charges incurred, shall be a principal lien against
the real property upon which said costs and charges were incurred.
[Amended 4-9-2002 by Ord. No. 06-2002; 10-10-2006 by Ord. No.
13-2006; 4-8-2008 by Ord. No. 04-2008]
Any person or entity who shall violate any of
the provisions of this chapter shall, upon conviction, be punished
as follows:
A.
For the first offense, by a fine not to exceed $500.
B.
For a second offense, by a fine not to exceed $1,000.
C.
For a third offense or any subsequent offenses, by
a fine not to exceed $1,500.
D.
Invasive plants.
[Added 6-23-2015 by Ord.
No. 13-2015]
(1)
Whenever an invasive plant, as defined in this chapter, is found
on any plot of land, lot or any other premises or place, a violation
shall be given to the owner, in writing, to remove or abate the same
within such time as shall be determined by the enforcing officer.
(2)
The cost of abatement shall be borne by the property owner.
(3)
If the owner fails to comply within the time specified therein, the
enforcing official may remove or otherwise control the invasive plant
species and the Borough may thereafter recover the cost of such removal
from the property owner and place a lien on the property to recover
the cost of the invasive plant.
[Added 8-22-2017 by Ord. No. 10-2017]
A.
Upon failure of the violator to remove said violation after conviction
or terms of conviction, the Code Enforcement Officer shall serve notice
of the Borough of Totowa's intent to enter upon the property
to remove and/or abate said violation. Notice shall be sent to the
violator via certified and regular mail and shall be hand delivered
by a police officer 10 days prior to the proposed removal.
B.
The Code Enforcement Officer shall keep a detailed record of all
costs incurred and when the Borough has affected the removal and/or
the disposal of said violation, the Code Enforcement Officer shall
submit the costs to the Borough Clerk for review by the governing
body. The governing body shall examine same and upon confirmation,
forward it to the Borough of Totowa Tax Collector to place as a municipal
lien upon the property. Such amount shall bear interest at the same
rate as taxes and collected in the same manner as taxes.
[Added 2-27-2018 by Ord. No. 04-2018]
A.
ABANDONED PROPERTY
(1)
(a)
(b)
(c)
(d)
(2)
EVIDENCE OF VACANCY
(1)
(2)
OWNER
VACANT PROPERTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., "abandoned property" shall mean the
following:
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A.
55:19-83), any property that is not legally occupied and which meets
any one of the following criteria may be deemed to be abandoned property
upon a determination by the Public Official:
The property is in need of rehabilitation in the reasonable
judgement of the Construction Official, and no material rehabilitation
has taken place during the six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupation,
and no material construction has taken place for at least six consecutive
months as of the date of a determination by the Public Official pursuant
to this section;
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 Statues (see N.J.S.A. 54-4-1 et seq.) as of the
date of a determination by the Public Official pursuant to this section;
or
The property has been determined to be a nuisance by the Public
Official in accordance with Section 5 of P.I. 2003, c. 210 (N.J.S.A.
55:19-82).
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.I. 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 space and none of the residential space is legally occupied at the time of the determination of abandonment by the Construction Official and the property meets the criteria of either Subsection (1)(a) or Subsection (1)(d) of this definition.
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant. Such evidence would include, but is not limited
to, evidence of the existence of two or more of the following conditions
at a property: overgrown or dead vegetation; accumulation of newspapers,
circulars, flyers or mail; past-due utility notices or disconnected
utilities; accumulation of trash, junk or debris; the absence of window
coverings such as curtains, blinds or shutters; the absence of furnishings
or personal items consistent with residential habitation; statements
by neighbors, delivery agents, or government employees that the property
is vacant or abandoned; infestation by insects, vermin, rats or other
pests; windows or entrances that are boarded up or closed off; multiple
window panes that are damaged, broken or unrepaired; doors that are
smashed, broken, unhinged or continuously unlocked; or any uncorrected
violations of a municipal building, housing or similar code during
the previous year.
Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property for the purpose of this section.
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008
c. 127 S17) a debtor in possession or any other entity determined
by the Borough of Totowa to act with respect to the property.
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 for a period of at
least three months, and any commercial property that has not been
legally occupied or at which substantially all lawful construction
operations have ceased for a period of at least three months, and
which exhibits evidence of vacancy such that a reasonable person would
believe that the property is vacant. Any property that contains all
building systems in working order, is being maintained on a regular
basis, has not been cited by the Borough for any violation of municipal
ordinance within such time and is being actively marketed by its owner
for sale or rental shall not be deemed vacant.
B.
General requirements.
(1)
The owner of any vacant property as defined herein shall, within 30 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, shall file a registration statement for each such vacant property within the Borough of Totowa on forms provided by the Borough of Totowa for such purposes. The owner shall be required to renew the registration annually as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection E(4) of this section for each vacant property registered. The initial and renewal fees shall be prorated and or credited accordingly upon legal occupancy.
(2)
The owner shall notify the Borough of Totowa within 30 days
of any change in the registration information by filling an amended
registration statement on a form provide by the Borough of Totowa
for such purpose.
(3)
The registration statement shall be deemed prima facie proof
of the statement therein contained in any administrative enforcement
proceeding or court proceeding instituted by the Borough of Totowa
against the owner or owners of the building.
C.
Registration statement requirements; property inspection.
(1)
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the Borough of Totowa Code Enforcement Officer if requested, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal. If an inspection is requested of the interior
of the property due to complaints or other cause, the fee for such
inspection shall be the same as that for a continued certificate of
occupancy inspection as provided in the applicable provisions of the
Code of the Borough of Totowa.
(2)
The registration statement shall include the name, street address
and telephone number of a natural person 21 years of age or older,
designated by the owner or owners 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 or owners in connection with the enforcement of any applicable
code. The designated agent must have a contact number that will be
available 24 hours per day on an emergency basis. The statement shall
also include the name of the person responsible for maintaining and
securing the property, if different from the designated agent.
(3)
An owner is a natural person who meets the requirements of this
section as to availability of a contact number on a twenty-four-hour
emergency basis may designate himself or herself as agent.
(4)
By designating an authorized agent under the provisions of this
section, the owner consents to receive 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 building by service
of the notice or process on 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 purpose of this section until the owner notifies
the Borough of Totowa of a change of the 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
under this section.
(5)
The registration shall remain valid for 12 months from the date
of registration. The owner shall be required the registration every
12 months as long as the building remains vacant property and shall
pay a registration or renewal fee in the amount prescribed herein
for each vacant property registered.
D.
Fee schedule. The initial registration fee for each building shall
be $500. The fee for the first renewal is $1,500. The fee for any
subsequent renewal is $5,000. Initial fee according to the month of
registration or reregistration and renewal fees shall be every 12
months thereafter.
|
Vacant and Abandoned Property Registration Fee Schedule
| |
|---|---|
|
Registration
|
Fee
|
|
Initial registration
|
$500
|
|
First renewal
|
$1,500
|
|
Any subsequent renewal
|
$5,000
|
E.
Requirements for owners of vacant and abandoned property. The owner
of any building that has become vacant and abandoned property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, immediately:
(1)
Post a sign affixed to the inside of 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 Subsection C of this section), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest pubic street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches; and
(2)
Enclose and secure the building against unauthorized entry as provided in the provisions of the Code of the Borough of Totowa and maintain the sign required in Subsection E(1) above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
(3)
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Borough of Totowa; and
(4)
Make provision for the cessation of the delivery of the mail,
newspapers and circulars to the property listed on the exclusion list
maintained by the Borough of Totowa for the delivery of circulars
and advertisements to the property; and
(5)
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of water lines;
other than buildings with a fire sprinkler system; and
(6)
Make provision for the cessation of electric or gas utility
services to the property, other than buildings with a sprinkler system;
and
(7)
Make provision for the regular maintenance of the exterior of
the property.
F.
Violations and penalties.
(1)
Any owner who is not in full compliance with this section or
who otherwise violates any provision under this subsection 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.
Every day that a violation continues shall constitute a separate and
distinct offense. Fines assessed under this section shall be recoverable
from the owner and shall be a lien on the property.
(2)
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of Subsection E of this section, or such other matters as may be established by the rules and regulations of the Borough of Totowa shall be deemed in violation of this section.
G.
Compliance with other provisions. Nothing in this section is intended
to nor shall it be read to conflict or prevent the Borough of Totowa
from taking action against buildings found to be unfit for human habitation
or unsafe structures as provided in applicable provisions of the code
of the Borough of Totowa and/or the Uniform Construction Code. Further,
any action taken under any such code provision other than the demolition
of a structure shall not relieve an owner from its obligations under
this section.
H.
Responsibilities of creditors, violations and fines.
(1)
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor
filing the summons and complaint in an action to foreclose shall be
responsible for the care, maintenance, security, and upkeep of the
exterior of the vacant and abandoned residential property. This obligation
applies whether the determination that the property is vacant and
abandoned is made by the public officer pursuant to Chapter 111, Property
Maintenance, Chapter 67, Buildings or Structures, Repair or Demolition
of, N.J.S.A. 2A:50-73, or otherwise,
(2)
If the creditor is located out-of-state, the creditor shall
be responsible for the appointing of an in-state representative or
agent to act for the foreclosing creditor;
(3)
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the municipal clerk pursuant to N.J.S.A.
46:10B-51(a)(1).
(4)
An out-of-state creditor found by the municipal court, or by
any other court of competent jurisdiction, to be in violation of any
provision of this section shall be subject to a fine of $2,500. For
each day of the violation, commencing on the day after the ten-day
period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice
to the municipal clerk that a summons and complaint in an action to
foreclose has been served.
(5)
A public officer appointed pursuant to N.J.S.A. 40:48-2.3 et
seq., or any enforcement officer described in this chapter, shall
be authorized to issue a notice to the creditor filing the summons
and complaint in an action to foreclose, if the public officer or
enforcement determines that the creditor has violated this chapter
by failing to provide for the care, maintenance, security, and upkeep
of the exterior of the property. The notice shall require the person
or entity to correct the violation within 30 days of receipt of the
notice, or with 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 or
abandoned" for purposes of N.J.S.A. 2A:50-73.
(6)
A creditor found by the municipal court, or any other court of competent maintenance, security, or upkeep violation cited in a notice issued pursuant to Subsection H(1) shall be subject to a fine of $1,500. For each day of the violation commencing 31 days following receipt of the notice, except if the violation presents imminent risk to the public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
I.
Municipal powers to rehabilitate abandoned property. The Borough
of Totowa hereby grants to itself all such powers granted to municipalities
by the State of New Jersey for the rehabilitation of abandoned property.
Such powers are set forth, inter alia, in the Abandoned Properties
Rehabilitation Act (N.J.S.A. 55-19-78 et seq.) and in applicable portions
of the New Jersey Urban Development Corporation Act (N.J.S.A. 55:19-1
through 77). These state statutory powers are collectively referred
to herein as the "enabling statues."
J.
Public officer. The Public Officer as defined in N.J.S.A. 55:19-80,
who is responsible for executing the provisions of this chapter for
the rehabilitation of abandoned property, shall be designated by resolution
of the Borough Council.
K.
Abandoned property. The Public Officer shall designate a property
as an "abandoned property" if said property meets the criteria set
forth in N.J.S.A. 55:19-81 (abandoned property criteria) and/or N.J.S.A.
55:19-82 (nuisance property criteria). The Public Officer's designation
is limited by the provisions of N.J.S.A. 55:29-83.
L.
Abandoned property list. The Public Officer shall establish an Abandoned
Property List pursuant to N.J.S.A. 55:19-55. An interested party (as
that term is defined in N.J.S.A. 55:19-105a) may request the Public
Officer include a property on the Abandoned Property List pursuant
to N.J.S.A. 55:19-105.
M.
Municipal powers. Borough of Totowa has such powers and rights regarding
abandoned properties as set forth in the enabling statues. Such powers
include but are not limited to:
(1)
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
(2)
Special tax sales, pursuant to N.J.S.A. 55:19-101;
(3)
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
(4)
Recourse directly against a property owner, pursuant to N.J.S.A.
55:19-100;
(5)
Possession and control of property, pursuant to N.J.S.A. 55:19-84
to 55:19-92 et seq.;
(6)
Rehabilitation and reuse of property while in possession and
control, pursuant to N.J.S.A. 55:19 — 90;
(7)
Borrowing money and making application for rehabilitation of
property, while in possession and control, pursuant to N.J.S.A. 55:19-91;
(8)
Sale of property, pursuant to N.J.S.A. 55:19-96;
(9)
Purchase of property, pursuant to N.J.S.A. 55:19-96;
(10)
Recover rehabilitation costs by lien on property, pursuant to
N.J.S.A. 55:19-98;
(11)
Clearance, development, redevelopment or repair of property
through power over imminent domain, pursuant to N.J.S.A. 55:19-56,
N.J.S.A. 55:19-102.
N.
Effect on other laws. Nothing in this section is intended to or shall
be read to conflict or prevent the Borough from taking action against
buildings found to be unfit for human habitation or unsafe structures,
as provide in applicable provisions of the Code of the Borough of
Totowa, or imposing a lien for costs on any property to the full extent
permitted by law.
O.
Interpretation. All references in this section to state statutes
include reference to all amendments thereto. References to particular
sections of the enabling statues are for ease of reference, but may
not be exhaustive and are not meant to be exclusive of other applicable
statutory provisions contained in the enabling statues or elsewhere
in the New Jersey statutes.
P.
Repealer. All ordinances or parts of ordinances of the Borough of
Totowa inconsistent herewith are repealed to the extent of such inconsistency.
Q.
Severability. If any section, subsection, clause or phrase of this
section is for any reason held to be unconstitutional or invalid by
any court of competent jurisdiction, such decision shall not affect
the remaining portion of this section.
R.
When effective. This section shall take effect immediately upon final
passage, approval and publication as required by law.
In any case where a provision of this chapter
is found to be in conflict with or inconsistent with a provision of
any other ordinance which establishes a lower standard for the promotion
and protection of the safety, health and welfare of its inhabitants,
the provisions of this chapter shall prevail, and such other ordinance
or parts thereof are hereby declared to be repealed to the extent
that they may be so found to be in conflict with this chapter.
