Chapters
1,
2 and
3 of the 2015 International Property Maintenance Code, together with any subsequent amendment, change or supplement thereto, is adopted and incorporated as fully as if set out at length herein, save and except such portions as are hereinafter deleted, modified or amended, if any, prescribed in Subsection
15-1.2.
The changes, additions and exceptions elective in this municipality
to said code are as follows (section references hereinafter set forth
are to sections as set forth in said International Property Maintenance
Code):
A. Section
PM-101.1 (page 1, second line): insert "Borough of Mantoloking."
B. Section
PM-102.3 is deleted and replaced with, "Repairs, additions or alterations
to a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the State Uniform Construction
Code Act, the State Uniform Safety Act, and any other standards or
procedures required by the laws of State of New Jersey and by federal
law. If none are applicable, repairs, additions or alterations to
a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the International Building Code,
International Fuel Gas Code, International Mechanical Code and the
ICC Electrical Code."
C. Section
PM-103.1 is deleted.
D. Section
PM-103.2 is deleted and replaced with "Inspections and issuing orders
in connection therewith under the provisions of the 2006 International
Property Maintenance Code shall be the exclusive responsibility of
the Code Enforcement Official."
E. Section
PM-103.3 is deleted.
F. Section
PM-103.5 is deleted.
G. Section
PM-106.3: replace "misdemeanor" with "ordinance."
H. Section PM-106.4: Violations and Penalties are governed by §
15-4, Violations and penalties, of the Borough Code.
I. Section
PM-109.6 is deleted.
J. Section PM-110.3 is hereby amended and supplemented to add the following sentence to the end of said section: "The Code Official shall follow the procedures set forth in Chapter
13, Building and Housing, of the Borough Code of the Borough of Mantoloking in regard to the raising, demolition and removal of the structure and placing a lien against the subject premises to recoup the costs incurred by the Borough."
K. Sections
PM-111.0 through PM-111.7 shall be deleted, and in their place inserted
Sections PM-111.0 and PM-111.1, which shall provide as follows:
PM-111.1 Any person affected by decision of the Code Official
of a notice or order issued under this Code shall have the right to
appeal such determination to the Superior Court of the State of New
Jersey in accordance with appropriate state statutes or court rules.
L. Section
PM-202.2 is hereby amended to define "Code Official" as follows: The
Code Enforcement Officer who is charged with the administration and
enforcement of this Property Maintenance Code or any other duly authorized
representative of the Borough of Mantoloking.
M. Section
PM-302.4 (page 11, second line): insert "10 inches."
N. Section
PM-302.8 is amended to add Subsection 302.8a, Machinery.
PM-302.8a Machinery. Except as provided in other regulations,
no inoperative machinery or building materials which are not in contemplation
of immediate use in the construction, repair or remodeling of any
house, building or other structure on the lands shall be parked, kept
or stored on any premises in any Residential Zone.
Ten (10) copies of the said code, entitled the "2006 International
Property Maintenance Code," as prepared and published by the International
Code Council, marked with amendments and deletions hereinabove set
forth, are to be filed in the office of the Borough Clerk of the Borough
of Mantoloking and shall remain on file there for use and examination
by the public.
It shall be the duty of any owner or tenant or person in possession
of any lands, vacant or improved, in the Borough:
A. To keep
such lands free of brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris, where the same
is inimical to the preservation of public health, safety or general
welfare of the Borough or which may constitute a fire hazard.
B. Where the
lands abut or border upon any public street in the Borough, to remove
all grass, weeds, brush and other debris from that part of the street
bordering on their respective lands.
To protect trees from deleterious weather conditions between
November 15 and March 31 of the following year, protective wrapping
or a protective barrier may be placed around trees and shrubs.
A. Protective
wrapping shall be of natural or synthetic burlap securely fastened
by rope and/or staples or screws. Trees and shrubs may be wrapped
individually or in groups.
B. Protective
barriers shall be constructed of dune fencing, wooden posts and burlap
securely fastened. Protective barriers may reach a maximum height
of 12 feet above ground level. Any dune fencing portion of a protective
barrier is permitted only to a maximum height of 8 feet above ground
level. Any portion of the protective barrier between 8 feet and 12
feet shall be solely of natural or synthetic burlap.
C. All protective
wrapping and barriers must be consistently maintained as to ensure
all wrapping, posts and bracing is fully secured.
D. No protective
wrapping or protective barrier is permitted between April 1 and November
14 of any calendar year.
Wherever brush, weeds, uncut grass and/or obnoxious growths
exceed 10 inches in height, or dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris are not removed,
the Code Enforcement Officer shall cause 21 days' notice to be given
to the owner and to the tenant of such land by registered or certified
mail to their last known addresses, to cut and/or remove the same
at or before the expiration of the notice period.
In the event that the owner, tenant or person in possession
of the lands in question shall refuse or neglect to abate or remedy
the condition which is in violation of this chapter within 21 days
after receipt of notice, the Code Enforcement Officer or their agents
shall cause the same to be abated and remedied and certify the cost
thereof to the Council, which shall examine the certificate and, if
found correct, cause the cost as shown thereon to be charged against
the lands. The amount so charged shall forthwith become a lien upon
such lands and shall be added to and become and form a part of the
taxes next to be assessed and levied upon such lands, the same to
bear interest at the same rate as taxes, which shall be collected
and enforced by the same officer and in the same manner as taxes.
Costs shall be in addition to any penalties imposed for a violation
of this chapter.
The purpose of this section is for Borough of Mantoloking to
regulate the care, maintenance, security and upkeep of the exterior
of vacant or abandoned residential properties on which a summons and
complaint in a foreclosure action has been filed.
As used in this section:
ANNUAL REGISTRATION
One year from the date of the first action that requires
registration pursuant to this section, and every subsequent year that
the property is still a registerable property. The date of the initial
registration may be different than the date of the first action that
required registration.
CREDITOR
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this ordinance. For purposes
of this ordinance, a creditor shall not include the State, a political
subdivision of the State, 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, building inspector, or other
person authorized by the Borough to enforce the applicable code(s).
REGISTRABLE PROPERTY
Any real property located in the Borough, whether vacant
or occupied, that is subject to an ongoing foreclosure action by the
creditor or trustee, has been the subject of a foreclosure action
by a creditor, mortgagee or trustee and a judgment has been entered,
or has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgage involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure/sale.
The designation of a foreclosure property as "registrable" shall remain
in place until such time as the property is sold to a nonrelated bona
fide purchaser in an arm's length transaction or the foreclosure action
has been dismissed.
VACANT AND ABANDONED
In accordance with N.J.S.A. 40:48-2.12s3(b)(8), a property
shall be considered vacant and abandoned if it 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, 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 order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
M.
The creditor 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.
For all other violations of this Chapter, any person violating
this Chapter, upon conviction thereof, shall be punished by a fine
not exceeding two thousand ($2,000.00) dollars per day or by imprisonment
in the county jail for a term not exceeding ninety (90) days, or both.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.