[HISTORY: Adopted by the Mayor and Council
of the Borough of Folsom 6-11-2019 by Ord. No. 06-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 151, Property
Maintenance, adopted 7-10-1980 by Ord. No. 141, as amended.
A.
A certain document, three copies of which are on file in the office
of the Borough Clerk of the Borough of Folsom, pursuant to N.J.S.A.
40:49-5.1 et seq., being marked and designated as the "International
Property Maintenance Code, 2018 Edition," be and is hereby adopted
as the Property Maintenance Code of the Borough of Folsom, County
of Atlantic and State of New Jersey, for the control of buildings
and structures as herein provided, and each of the regulations, provisions,
penalties, and conditions of said Code are hereby adopted and made
a part hereof as if fully set forth in this chapter.
B.
Adoption of N.J.S.A. 40:48-2.3 through 40:48-2.7, attached hereto,
for the control of unfit buildings in the Borough of Folsom, County
of Atlantic and State of New Jersey, and each of the regulations,
provisions, penalties, and conditions of said laws are hereby adopted
and made a part hereof as if fully set forth in this chapter.
A.
Borough of Folsom and any amendments thereto, which currently constitute Chapter 118 and Chapter 151 of the Code of the Borough of Folsom, New Jersey, are hereby repealed and are to be replaced by this chapter.
B.
Nothing in this chapter or in the Property Maintenance Code adopted hereby shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Subsection A of this section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
Any reference to the International Building Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Fire Code, International Fuel Gas Code or the ICC Electrical Code, including those listed in Chapter 8, shall be considered a reference to the appropriate adopted building, mechanical, plumbing, one- and two-family dwelling, fire protection, fuel gas, or electrical subcode, as adopted and amended by the New Jersey Administrative Code (N.J.A.C.) 5:23-3, or the Rehabilitation Subcode as adopted in New Jersey Administrative Code 5:23-6 as appropriate. Additionally, any references to the International Zoning Code shall be considered a reference to Chapter 170, Subdivision and Land Development, and Chapter 200, Zoning, of the Code of the Borough of Folsom.
The Borough of Folsom may adopt any amendments, revisions or
additions to the International Codes as may hereinafter be adopted
by the entities formulating the same, and such amendments may be adopted
and shall become effective upon the passage of an appropriate resolution
of this governing body setting forth and adopting by reference such
changes.
Nothing herein shall be construed to prevent the Borough of
Folsom from adopting more stringent standards for the maintenance
of property, buildings and structures as may be deemed to be prudent
and in the best interests of the citizens of the Borough of Folsom.
A.
It shall be the duty of the Borough of Folsom Code Enforcement Officer
or his/her authorized representative to enforce the provisions of
the Property Maintenance Code as herein provided.
B.
Any reference to "code official" in the International Property Maintenance
Code, 2018 Edition, shall mean the Borough of Folsom Code Enforcement
Officer.
C.
Any reference to "public officer" in the Borough of Folsom Property
Maintenance Code shall mean the Borough of Folsom Code Enforcement
Officer.
[Amended 5-9-2022 by Ord. No. 06-2022]
A.
Any person violating the provisions of the Property Maintenance Code
of the Borough of Folsom, after having been convicted by any court
of competent jurisdiction, shall be subject to the following penalties:
B.
Each day
that a violation continues, after due notice has been given, shall
be deemed a separate offense.
If any section, subsection, sentence, clause of phrase of this
chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter.
The provisions of this chapter may be renumbered for purposes
of codification.
This chapter shall take effect immediately upon final passage,
approval and publication as required by law.
[Added 3-9-2021 by Ord. No. 02-2021; amended 8-9-2022 by Ord. No. 07-2022]
A.
Purpose and intent. It is the purpose and intent of the municipality
to establish a process to address the deterioration and blight of
Municipality neighborhoods caused by an increasing amount of abandoned,
foreclosed or distressed real property located within the municipality,
and to identify, regulate, limit and reduce the number of foreclosure
properties located within the municipality. It is the municipality's
further intent to participate in the countywide registration program
established by the Atlantic County Improvement Authority as a mechanism
to protect neighborhoods from becoming blighted due to the lack of
adequate maintenance and security of foreclosure properties.
B.
ABANDONED REAL PROPERTY
ACCESSIBLE PROPERTY/STRUCTURE
APPLICABLE CODES
BLIGHTED PROPERTY
(1)
(2)
(3)
(4)
ENFORCEMENT OFFICER
FORECLOSURE
MORTGAGEE
PROPERTY MANAGEMENT COMPANY
VACANT
Definitions. The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates different meaning.
Any real property located in the municipality, whether vacant
or occupied, that has had a complaint filing, has had a lis pendens
filed against it by the lender holding a mortgage on the property,
is subject to an ongoing foreclosure action by the lender, or has
been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned" shall remain in place
until such time as the property is sold or transferred to a new owner,
the foreclosure action has been dismissed, and any default on the
mortgage has been cured.
A property that is accessible through a comprised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Includes, but not be limited to, the municipality's Zoning
Code, the municipality's Code of Ordinances ("Municipality Code"),
and the New Jersey Building Code.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
Properties cited for a public nuisance pursuant Municipality
Code; or
Properties that endanger the public's health, safety, or welfare
because the properties or improvements thereon are dilapidated, deteriorated,
or violate minimum health and safety standards or lacks maintenance
as required by the Municipality and Zoning Codes.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the municipality to enforce the applicable
code(s).
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 section,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this section,
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.
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 of the creditor's rights,
interests, or obligations under the mortgage agreement, excluding
governmental entities as assignee or owner.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
Any building or structure that is not legally occupied.
C.
Applicability. 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 municipality above
and beyond any other state, county or local provisions for same.
D.
Establishment of a registry. Pursuant to the provisions of Subsection E, the municipality or designee shall participate in the Countywide registration program established by the Atlantic County Improvement Authority which catalogs each foreclosure Property within the municipality, containing the information required by this section.
E.
Registration of foreclosure real property.
(1)
Any mortgagee who holds a mortgage on real property located within
the municipality of Folsom shall perform an inspection of the property
to determine vacancy or occupancy, upon the commencement of foreclosure
as evidenced by a foreclosure filing. The mortgagee shall, within
10 days of the inspection, register the property with the Division
of Code Enforcement, or designee, on forms or website access provided
by the municipality, and indicate whether the property is vacant or
occupied. A separate registration is required for each property, whether
it is found to be vacant or occupied.
(2)
If the property is occupied but remains in foreclosure, it shall
be inspected by the mortgagee or his designee monthly and, within
10 days of that inspection, update the property registration to a
vacancy status on forms provided by the municipality.
(3)
Registration pursuant to this section shall contain the name of the
mortgagee and the server, the direct mailing address of the mortgagee
and the server, a direct contact name and telephone number for both
parties, facsimile number and email address for both parties, the
folio or tax number, and the name and twenty-four-hour contact telephone
number of the property management company responsible for the security
and maintenance of the property.
(4)
A nonrefundable annual registration fee in the amount of $500 per
property shall accompany the registration form or website registration.
(5)
If the property is not registered, or the registration fee is not
paid within 30 days of when the registration or renewal is required
pursuant to this section, a late fee equivalent to 10% of the annual
registration fee shall be charged for every thirty-day period, or
portion thereof, that the property is not registered and shall be
due and payable with the registration.
(6)
All registration fees must be paid directly from the mortgagee, servicer,
trustee, or owner. Third-party registration fees are not allowed without
the consent of the municipality and/or its authorized designee.
(7)
This section shall also apply to properties that have 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.
(8)
Properties subject to this section shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they remain in foreclosure.
(9)
Any person or legal entity that has registered a property under this
section must report any change of information contained in the registration
within 10 days of the change.
(10)
Failure of the mortgagee to properly register or to modify the
registration form from time to time to reflect a change of circumstances
as required by this section is a violation of the article and shall
be subject to enforcement.
(11)
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this section, the municipality
may take the necessary action to ensure compliance with and place
a lien on the property for the cost of the work performed to benefit
the property and bring it into compliance.
(12)
Registration of foreclosure property does not alleviate the
mortgagee from obtaining all required licenses, permits and inspections
required by applicable code or state statutes.
(13)
If the mortgage and/or servicing on a property is sold or transferred,
the new mortgagee is subject to all the terms of this chapter. Within
10 days of the transfer, the new mortgagee shall register the property
or update the existing registration. The previous mortgagee(s) will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the registrable property.
(14)
If the mortgagee sells or transfers the registrable property
in a non-arm's-length transaction to a related entity or person, the
transferee is subject to all the terms of this chapter. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including, but not limited to, unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous Mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that Mortgagee's involvement with the registrable property.
F.
Maintenance reouirements.
(1)
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state or local law discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
(2)
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
(3)
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
(4)
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
(5)
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
(6)
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
(7)
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with § 151-7 of the Borough of Folsom Code of Ordinances. Pursuant to a finding and determination by the municipality's Code Enforcement Officer/Board, hearing officer/Special Magistrate or a court of competent jurisdiction, the municipality may take the necessary action to ensure compliance with this section.
(8)
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s).
G.
Security requirements.
(1)
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
(2)
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
(3)
If a mortgage on a property is in default, and the property has become
vacant or abandoned, a property manager shall be designated by the
mortgagee to perform the work necessary to bring the property into
compliance with the applicable codes), and the property manager must
perform regular inspections to verify compliance with the requirements
of this section, and any other applicable laws.
H.
Public nuisance. All 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 municipality.
I.
Penalties; schedule of civil penalties.
(1)
Any person who shall violate the provisions of this section may be cited and fined as provided in § 151-7 of the Code of the Borough of Folsom and New Jersey Statutes. The following table shows violations of these sections, as may be amended from time to time, which may be enforced pursuant to the provisions of this regulation; and the dollar amount of civil penalty for the violation of these sections as it may be amended. The descriptions of violations below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the municipality Code sections, except to the extent that different types of violations of the Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of the section may be enforced by the mechanism provided in this section, regardless of whether all activities prescribed or required are described in the "Description of Violation" column. To determine whether a particular activity is prescribed or required by this Code, the relevant Municipality Code section(s) shall be examined.
|
Description of Violation
|
Civil Penalty
|
|---|---|
|
Failure to register abandoned real property on annual basis
and/or any violation of the sections stated within.
|
$1,000
|
(2)
Adherence to this section does not relieve any person, legal entity
or agent from any other obligations set forth in any applicable code(s),
which may 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) and the owner shall be responsible for meeting
with the municipality's Code Enforcement Division within 45 days for
a final courtesy inspection report.
J.
Inspections for violations. Adherence to this section does not relieve
any person, legal entity or agent from any other obligations set forth
in any applicable code(s), which may 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) and the owner shall be
responsible for meeting with the municipality's Code Enforcement Division
within 45 days for a final courtesy inspection report.
K.
Additional authority.
(1)
If the enforcement officer has reason to believe that a property
subject to the provisions of this section is posing a serious threat
to the public health safety and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
and/or owner, and may bring the violations before the municipality's
code enforcement board or code enforcement special magistrate as soon
as possible to address the conditions of the property.
(2)
The code enforcement board or hearing officer/special magistrate
shall have the authority to require the mortgagee and/or owner of
record of any property affected by this section, to implement additional
maintenance and/or security measure including, but not limited to,
securing any and all doors, windows or other openings, employment
of an on-site security guard or other measures as may be reasonably
required to help prevent further decline of the property.
(3)
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
code enforcement board or special magistrate may direct the municipality
to abate the violations and charge the mortgagee with the cost of
the abatement.
(4)
If the mortgagee does not reimburse the municipality for the cost
of temporarily securing the property, or of any abatement directed
by the code enforcement board or special magistrate, within 30 days
of the municipality sending the mortgagee the invoice then the municipality
may lien the property with such cost, along with an administrative
fee of $500 to recover the administrative personnel services.
L.
Opposing, obstructing enforcement officer; penalty. 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 chapter shall be punishable as provided in the applicable code(s)
or a court of competent jurisdiction.
M.
Immunity of enforcement officer. Any enforcement officer or any person
authorized by the municipality 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 section.
[Added 7-11-2023 by Ord. No. 07-2023]
A.
DUST WIPE SAMPLING
LEAD INSPECTOR
LEAD-BASED PAINT HAZARD
LEAD-FREE CERTIFICATION
LEAD-SAFE CERTIFICATION
TENANT TURNOVER
VISUAL ASSESSMENT
VISUAL ASSESSOR
Definitions. The following definitions shall apply to this article:
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present in
surfaces that would result in adverse human health effects.
A certification which confirms that a lead-based paint inspection
was performed and that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
A certification which confirms that a lead-based paint inspection
was performed and no lead-based paint hazards were found. This certification
is valid for two years from the date of issuance.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A person that is certified to perform a visual assessment.
B.
Lead-based paint inspection.
(1)
The property owner or landlord will directly hire a private
lead inspector who is certified to provide lead paint inspection services
by the Department of Community Affairs to perform the lead-based paint
inspection in accordance with N.J.S.A. 52:27D-437.16 et seq, as may
be amended from time to time.
(2)
In accordance with N.J.S.A. 52:27D-437.16c, a dwelling unit
in a single-family, two-family or multiple rental dwelling shall not
be subject to inspection and evaluation for the presence of lead-based
paint hazards if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed during or after 1978;
(c)
Is in a multiple dwelling that has been registered with the
Department of Community Affairs as a multiple dwelling for at least
10 years, either under the current or a previous owner; and has no
outstanding lead violations from the most recent cyclical inspection
performed on the multiple dwelling under the Hotel and Multiple Dwelling
Law, N.J.S.A. 55:13A-1 et seq.
(d)
Is a single-family or two-family seasonal rental dwelling which
is rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals; or
(e)
Has a valid lead-safe certification issued in accordance with
this section.
(3)
If lead-based paint hazards are identified, then the owner of
the dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d).
Upon the remediation of the lead-based paint hazard, the owner's
private lead inspector shall conduct an additional inspection of the
unit to certify that the hazard no longer exists.
(4)
If no lead-paint hazards are identified, the owner's private
lead inspector shall certify the dwelling as lead safe on a form prescribed
by the Department of Community Affairs, which shall be valid for two
years.
(5)
In accordance with N.J.S.A. 52:27D-437.16(e), property owners
shall:
(a)
Provide evidence of a valid lead-safe certification and the
most recent tenant turnover to the Borough of Folsom at the time of
the cyclical inspection.
(b)
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover unless not required
to have had an inspection by a lead evaluation contractor pursuant
to this section and shall affix a copy of such certification as an
exhibit to the tenant's or tenants' lease.
(c)
Maintain a record of the lead-safe certification which shall
include the name or names of the unit's tenant or tenants if
the inspection was conducted during a period of tenancy, unless not
required to have had an inspection by a lead evaluation contractor
pursuant to this section.
(d)
The fees for a lead-based paint inspection shall be as follows:
[1]
The fee for a visual assessment and dust wipe sampling
is as follow if performed by the Borough's lead inspector:
|
Visual Inspection
| |
|---|---|
|
Half-day inspection
|
3 units $437/unit
|
|
Full-day inspection (4 to 8 units)
| |
|
4 units:
|
$470/unit
|
|
5 units:
|
$400/unit
|
|
6 units:
|
$354/unit
|
|
7 units:
|
$320/unit
|
|
8 units:
|
$295/unit
|
There may be times when a municipality is designated
by the DCA or other government agencies as high-risk community for
lead-based paint hazards in rental dwelling units requiring an elevated
test, termed "dust wipe sampling." A dust wipe sampling means a sample
collected by wiping a representative surface and tested in accordance
with a method approved by HUD. If the dust wipe sampling inspection
is required, the following fees apply:
|
Dust Wipe Sampling Inspection - (assumes 8 samples plus 1 blank)
| |
|---|---|
|
Half-day inspection
|
3 units $599/unit
|
|
- Full-day inspection (4 to 8 units)
| |
|
4 units
|
$632/unit
|
|
5 units
|
$562/unit
|
|
6 units
|
$516/unit
|
|
7 units
|
$482/unit
|
|
8 units
|
$457/unit
|
[2]
The fee for the filing of a lead-safe certification
provided to the Borough or lead-free certification shall be $25.
[3]
In accordance with N.J.S.A. 52:27D-437.16(h), an
additional fee of $20 per dwelling unit inspected by the Borough's
lead inspector or the owner's private lead inspector shall be
assessed for the purposes of the lead Hazard Control Assistance Act
unless the unit owner demonstrates that the Department of Community
Affairs has already assessed an additional inspection fee of $20.
The fees collected pursuant to this subsection shall be deposited
into the Lead Hazard Control Assistance Fund.
C.
Violations and penalties. In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of § 151-11.1B shall be as follows:
(1)
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
(2)
If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
[Added 5-9-2022 by Ord. No. 06-2022]
A.
Nothing
in this chapter shall impair or limit the right, if any, of the Municipal
Court to order the violator to make such repairs as are required by
the code.
B.
Nothing
in this chapter shall restrict or limit the right of the Borough to
seek such remedies as are necessary in order to effectuate compliance
with said code through actions brought in courts of competent jurisdiction
by the Borough.
C.
Nothing
in this chapter shall restrict the rights, where such exist, of the
County Board of Health, the Construction Official or the Zoning Officer
to cause a premises to be closed and vacated where authorization for
such action appears in any ordinance or state law.
D.
It shall
be unlawful for any person to oppose, obstruct or resist any Borough
of Folsom Building Official/Code Enforcement Official in the discharge
of his or her duties as provided in this article.
E.
Any Borough
of Folsom/Code Enforcement Official shall be immune from prosecution,
whether civilly or criminally, as the result of any reasonable, good
faith trespass upon property while in the discharge of duties imposed
by this section.
[Added 5-9-2022 by Ord. No. 06-2022]
A.
A copy
of the request for payment of the cost of abating a violation(s) shall
be served on the violator at his or her last known address and the
violator shall have 15 days from the receipt of the request within
which to pay all costs described in the request. Service of the request
for payment may be deemed to be properly served if a copy thereof
is:
B.
In the
event a violator fails or refuses to pay all costs incurred by the
Borough that are associated with terminating or abating a violation,
such costs will be imposed as a lien against the subject real property.
[Added 9-13-2022 by Ord. No. 09-2022]
A.
Removal required. The Zoning Officer of the Borough of Folsom and
anyone acting under his authority may require the owner or tenant
of a dwelling lying with the Borough of Folsom, when necessary and
expedient for the preservation of public health, safety or general
welfare or to eliminate a fire hazard, to remove from such lands or
dwelling brush, weeds (including ragweed), dead and dying trees, slumps,
roots, obnoxious growth, filth, garbage, trash and debris.
B.
Notice to remove. The Zoning Officer and anyone acting under his
authority shall provide to the owner and/or tenant 10 days' written
notice to remove or destroy same. In cases where the owner or tenant
shall refuse and neglect to remove or destroy same in a manner within
the time prescribed above, it shall be deemed a violation of this
article.
C.
Violations and penalties. The penalty for violation of any provision of this article shall be as set forth in § 151-7. Any such penalty shall in addition to the costs incurred in cutting and removing said brush, debris or other items. For the purposes of this article, each day in which said condition exists after the expiration of the notice shall be deemed or constitute a separate offense under this article, and separate complaints may be filed for each such offense.
D.
Failure to remove; associated costs. In cases where the owner and/or
tenant shall fail to remove said brush, weeds (including ragweed),
dead and dying trees, stumps, roots, obnoxious growth, filth, garbage,
trash and debris, the same must be removed within the direction of
the Zoning Officer or his representative from the Borough of Folsom,
said Zoning Officer or his representative shall certify the cost thereof
to the governing body of the Borough of Folsom, which shall examine
the certificate and if found correct, shall cause the cost as shown
thereon to be charged against the property. The amount of said charge
shall forthwith become a lien upon such lands and shall be added to
and become in form part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as taxes
and shall be collected and enforced by the Tax Collector in the same
manner as taxes.
