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.
A. 
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars, by imprisonment for a term not to exceed ninety (90) days or by community service of not more than ninety (90) days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge except as provided for in Paragraph C of this subsection. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
C. 
Penalties for specific offenses:
(1) 
A violation of PM-302.4 for Grass and Noxious Weeds shall be punishable by a fine of $79.00.
(2) 
A violation of PM-108.1 for unsanitary conditions shall be punishable by a fine of $304.00.
(3) 
A violation of PM-302.8 for inoperative motor vehicles shall be punishable by a fine of $150.00.
(4) 
A violation of PM-302.8a for unused machinery shall be punishable by a fine of $150.00.
(5) 
A violation of PM-308.1 for accumulation of rubbish or garbage shall be punishable by a fine of $150.00.
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.
A. 
Notwithstanding any other section of this Chapter or any other ordinance, the maximum penalty for violating any provision of this Chapter shall be, in the discretion of the Court, a fine of up to two thousand dollars ($2,000.00) and/or imprisonment for a period of up to ninety (90) days and/or a period of community service not exceeding ninety (90) days.
B. 
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
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.
A. 
Any creditor filing a summons and complaint in an action to foreclose real property in the Borough of Mantoloking shall, in addition to the notice provided to the municipality pursuant to N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2:
(1) 
Register the residential or commercial property with the Borough's property registration program within 10 days of filing the summons and complaint in an action to foreclose, as a property in foreclosure and, as part of that registration.
(2) 
Provide the Borough with the information regarding the creditor required by N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2.
(3) 
Provide the name of the creditor, the mailing address of the creditor, email address, telephone number and name of the representative and said person's address, email address, and telephone number, regardless of whether it is occupied or vacant.
(4) 
Identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and
(a) 
Identify whether the property is vacant and abandoned in accordance with the definition herein under § 15-3.
(b) 
Register a separate registration for each property subject to a filing a summons and complaint in an action to foreclose real property.
B. 
If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to register pursuant to the property registration program following the filing of the summons and complaint, the creditor shall update the property registration program within 10 days of the change in that information.
C. 
A creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned as defined in § 15-3 after the property is initially registered with the Borough, update the property registration with the Borough to reflect the change in the property's status within 10 days of the change in status.
D. 
A creditor filing a summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the property registration program.
E. 
Any creditor located out-of-State shall be responsible for appointing an in-State representative or agent to act for the foreclosing creditor and shall provide the name and contact of said in-State representative or agent to the Borough Administrator within 10 days of the appointment of same.
F. 
At the time of initial registration, each registrant shall pay a nonrefundable annual registration fee of $500 for each property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor. Subsequent nonrefundable annual registrations of properties and fees in the amount of $500 are due within 10 days of the expiration of the previous registration. An additional $2,000 per property shall be assessed annually if the property is vacant or abandoned pursuant to § 15-3 when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to § 15-3 at any time thereafter while the property is in foreclosure. Said fees shall be deposited to a special account in the Borough's department dedicated to the cost of implementation and enforcement of this chapter and fulfilling the purpose and intent of this chapter. None of the funds provided for in this section shall be utilized for the legal defense of foreclosure actions.
G. 
If the mortgage and/or servicing on a property is sold or transferred, the new mortgagee/creditor is subject to all the terms of this chapter. Within 10 days of the transfer, the new creditor shall register the property or update the existing registration. The previous creditor(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that creditor's involvement with the registrable property.
H. 
If the creditor 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 section. 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 creditor 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 creditor will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that creditor's involvement with the registrable property.
I. 
This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the creditor as well as any properties transferred to the creditor under a deed in lieu of foreclosure or by any other legal means.
J. 
Properties subject to this section shall remain subject to the annual registration requirement and the inspection, security, and maintenance standards of this section as long as the property remains registrable.
K. 
Failure of the creditor and/or property owner of record to properly register or to modify the registration to reflect a change of circumstances as required by this section is a violation of this section and shall be subject to enforcement by any of the enforcement means available to the Borough.
L. 
If any property is in violation of this section, the Borough may take the necessary action to ensure compliance with and/or place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to bring the property into compliance.
M. 
Registration of foreclosure property does not alleviate the creditor and/or owner from obtaining all required licenses, permits and inspections required by applicable code or state statutes. Acquisition of required licenses, permits and inspections or registration of rental property does not alleviate the requirement for the property to be registered under this section. The creditor and/or owner is expected to update the status of the property in the event of a creditor-managed rental.
A. 
Properties subject to this section shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper 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.
B. 
Registrable 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.
C. 
Front, side, and rear yards, including landscaping, of registrable property shall be maintained in accordance with the applicable code(s) at the time registration is required.
D. 
Registrable 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. Acceptable maintenance of yards and/or landscape shall not include weeds, broken asphalt, broken concrete or similar material.
E. 
Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.
F. 
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). If property is vacant, pools must be drained, closed and covered.
G. 
Failure of the creditor, owner, and transferees to properly maintain the property as required by this chapter may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with the applicable code of the Borough. Pursuant to a finding and determination by a court of competent jurisdiction, the Borough may take the necessary action to ensure compliance with this section.
H. 
In addition to the above, the property is required to be maintained in accordance with the applicable code(s) of the Borough.
A. 
Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. 
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 pools, spas, and/or 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.
C. 
If a property is registrable and the property has become vacant or blighted, a representative shall be designated by the creditor or owner to perform the work necessary to bring the property into compliance with the applicable code(s), and the representative must perform regular inspections to verify compliance with the requirements of this section and any other applicable laws.
D. 
In addition to the above, the property is required to be secured in accordance with the applicable code(s) of the Borough.
E. 
When a property subject to this chapter becomes vacant, it shall be posted with the name, address and telephone number of the creditor or out-of-State creditor's in-State representative or agent for the purpose of receiving service of process. There shall also be posted the name of the Representative, email address and twenty-four-hour contact telephone number of the representative. The representative shall be available to be contacted by the Borough Monday through Friday between 9:00 a.m. and 5:00 p.m., legal holidays excepted. The sign shall be placed in a window facing the street and shall be visible from the street. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet. The posting shall contain the following language with supporting information:
(1) 
Creditor (or if applicable, out-of-state creditor's in-state representative or agent);
(2) 
Creditor's address;
(3) 
Creditor's telephone number;
(4) 
Property Manager Name;
(5) 
Property Manager telephone number; and
(6) 
Property Manager e-mail.
A. 
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 creditor and may issue Notice of Violation(s) as necessary to address the conditions of the property. Nothing herein shall limit the Borough from abating any nuisance or unsafe condition as allowed by applicable law. The Enforcement Officer shall have the authority to require the creditor to implement additional maintenance and/or security measures, 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.
B. 
In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. Failure to abate the violation in accordance with the notice of violation shall result in a summons and complaint to be addressed by the court of appropriate jurisdiction.
C. 
If there is a finding by an Enforcement Officer that the condition of the property is posing a serious threat to the public health, safety, and welfare, the Borough may abate the violations and charge the creditor with the cost of the abatement. The Borough may seek any available recourse against the creditor would have against the title owner of the property to enforce a lien pursuant to applicable law.
A. 
A creditor found by the municipal court of the Borough in which the property subject to this section is located, or by any other court of competent jurisdiction, to be in violation, shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following receipt of the notice of violation, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
B. 
An out-of-State creditor found by the municipal court of the Borough in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent pursuant to the ordinance shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-State representative or agent shall commence on the day after the ten-day period set forth in N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s3 for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
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.