[Adopted 12-30-1974 by Ord. No. 250 as Ch. 84 of the 1974 Code]
It shall be unlawful for any owner or possessor
of land in this township to do any of the following:
A. Permit such land to be covered with or contain refuse
or debris resulting from the construction, demolition or neglect of
a building, which refuse or debris has remained on the land for more
than 30 days after completion of the construction work or the demolition
or after the loose boards, shingles or other materials have fallen
off a building, and where such refuse or debris is inimical to the
preservation of the public health, safety or general welfare of the
people of the township or which refuse or debris may constitute a
fire hazard.
B. Permit on such land an abandoned, unused or unprotected
well, cellar or other unnatural declivity in which stagnant water
or debris is retained or which is dangerous to a person, including
a child, being or coming upon said land.
C. Permit to be stored or placed on such land old lumber,
metal, machines or parts of machines, junk, paper, clothes, glass
or refuse or any combination of them, which is either a fire hazard,
retains stagnant water, emits foul or obnoxious odors or which is
dangerous to a person, including a child, being or coming upon said
land. "Machines or parts of machines" shall include automobiles or
parts of automobiles in need of repair or which cannot be readily
operated under their own power or which require substantial repairs,
or abandoned automobiles.
D. A homeowner shall not permit water runoff from an
in-home pumping apparatus to discharge in such a fashion as to cause
a dangerous condition on Township sidewalks or streets. In the event
that such a dangerous condition is created, the homeowner shall be
notified to correct the condition by the Township. In the event the
homeowner does not correct the condition, the homeowner will be subject
to a fine not in excess of $500 per violation.
[Added 2-5-2003 by Ord. No. 2003-4]
[Amended 2-19-1992 by Ord. No. 1992-02]
A. No person, firm or corporation shall keep, store,
abandon or leave upon any highway or public property or upon private
property in view of the general public anywhere in the township any
motor vehicle for a period of more than 48 hours or for any period
without current license plates, without a current inspection sticker
and which is not fully insured in accordance with state law, provided,
however, that nothing herein contained shall be deemed to prohibit
the placing, keeping, storing or abandonment of any such motor vehicle
in a garage or other building in the township or on the lands and
premises of a licensed new or used automobile dealer or licensed service
station or auto body shop operator where said motor vehicle is being
or is about to be repaired. However, said dealer or operator cannot
allow any motor vehicle or motor vehicles to be parked on his lands
and premises without being under cover or without repairs thereon
having been made and completed for a period exceeding 30 days, which
time may be extended, for good cause shown, by the Chief of Police.
B. Farm machinery kept on the farmer's own premises and
vehicles used or to be used in the construction, operation or maintenance
of public utility facilities and which are left in a manner which
does not interfere with the normal movement of traffic shall not be
considered abandoned vehicles for the purposes of this chapter.
[Amended 2-19-1992 by Ord. No. 1992-02]
Upon complaint of any resident or property owner
of the Township of Lopatcong or any employee of said township or upon
his own motion, the Health Officer or Police Chief or his designated
agent shall make an investigation of the condition complained of and
report thereon, in writing, to the Township Clerk for the Township
Council.
Upon receiving said report, if the land in question about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of §§
165-1 through
165-3 hereof exists on said land, the Township Clerk shall notify the owner and possessor of said lands complained of, in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove said violation from said land within 10 days after receipt of said notice.
[Amended 2-19-1992 by Ord. No. 1992-02]
The Health Officer or Police Chief or his designated
agent shall reinspect said lands after the ten-day period shall have
expired and shall report, in writing, to the Township Clerk for the
Township Council whether or not the unlawful condition complained
of and previously found to exist in violation of this chapter has
been abated or remedied.
[Amended 2-19-1992 by Ord. No. 1992-02]
In the event that the owner or possessor of
said lands shall refuse or neglect to abate or remedy the condition
complained of and which constituted a violation of this chapter within
said 10 days, the Township Council shall cause the condition complained
of to be abated and remedied.
[Amended 2-19-1992 by Ord. No. 1992-02]
Upon the removal of any of the materials prohibited
to be stored or abandoned on lands by this chapter by or under the
direction of such officer or officers of this township in cases where
the owner or tenant shall have refused or neglected to remove the
same in the manner and within the time provided above, such officer
or officers shall certify the cost thereof to the Township Council,
which shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against said lands; the amount
so charged shall forthwith become a lien upon such lands and shall
be added to and become and form part of the taxes next to be assessed
and levied upon said lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
[Adopted 3-1-2023 by Ord. No. 2023-03]
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning.
APPLICABLE CODES
To include, but not be limited to, the Lopatcong Township
Code ("the Code"), and the New Jersey Building Code.
CREDITOR
As defined in accordance with N.J.S.A. 40:48-2.12s2d, means
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 17:11C-89), and
any entity acting on behalf of the creditor named in the debt obligation
including, but not limited to, servicers. For purposes of this section,
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.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township of Lopatcong to enforce the
applicable code(s).
FORECLOSURE
The legal process by which a mortgagee terminates a mortgagor's
interest in real property either to obtain legal and equitable title
to the real property pledged as security for a debt or to force a
sale of said property to satisfy a debt. For purposes of this article,
this process begins upon the service of a summons and a complaint
on the mortgagor on any interested party. For purposes of this article,
the process is not concluded until the property is sold to a bona
fide purchaser not related to the mortgagee in an arm's length
transaction, whether by Sheriff's sale, private sale following
a Sheriff's sale, or private sale following the vesting of title
in the mortgagee pursuant to a judgment.
MORTGAGEE
The creditor, including but not limited to, lenders in a
mortgage agreement; any agent, servant, or employee of the creditor;
any successor in interest; or any assignee to the creditor's
rights, interests, or obligations under the mortgage agreement, excluding
governmental entities as assignee or owner.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned property.
VACANT
Any building or structure that is not legally occupied.
VACANT AND ABANDONED REAL PROPERTY
As defined in accordance with N.J.S.A. 40:48-2.12s3b(8),
shall mean property that is not legally occupied by a mortgagor or
tenant, which is in such condition that it cannot be legally reoccupied,
because of the presence or finding of at least two of the following:
A.
Overgrown or neglected vegetation;
B.
The accumulation of newspapers, circulars, flyers, or mail on
the property;
C.
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 and 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 older 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.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Township of Lopatcong above and
beyond any other state, county, or local provisions for same.
Pursuant to the provisions of §
165-13, the Township of Lopatcong or its designee shall establish a vacant and abandoned property registry containing the information required by this article.
All vacant and abandoned real property is hereby declared to
be 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.
Any person who shall violate the provisions of this article
shall be cited and fined by one or more of the following: imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; or
by a fine not less than $500 or exceeding $1,250; or by a period of
community service not exceeding 90 days. Any person who is convicted
of violating this article within one year of the date of a previous
violation of the same section, and who was fined for the previous
violation, shall be sentenced by a court to an additional fine as
a repeat offender. The additional fine imposed by the Court upon a
person for a repeated offense shall not be less than the minimum or
exceed the maximum fine fixed for a violation of this article, but
shall be calculated separately from the fine imposed for the violation
of this article.
Adherence to this article does not relieve any person, legal
entity, or agent from any other obligations set forth in any applicable
code(s), which my apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s).
Whoever opposes, obstructs, or resists any enforcement officer
or any person authorized by the Code Enforcement Office in the discharge
of duties as provided in this article shall be punishable as provided
by the Township Code, the New Jersey Building Code, or a court of
competent jurisdiction.
Any enforcement officer or any person authorized by the Township
to enforce the Sections contained herein 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.