[HISTORY: Adopted by the Township Council
of the Township of West Milford 3-6-1996 by Ord. No. 1996-3. Amendments noted where
applicable.]
This chapter shall be known as the "Property
Maintenance Code of the Township of West Milford."
The purpose of this chapter is to:
A.
Provide for the public health, safety and welfare.
B.
Avoid, prevent and eliminate the maintenance or creation
of hazards to the public health or safety.
C.
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.
D.
Prevent the creation, continuation, extension or aggravation
of blight.
E.
Preserve property values in the Township.
F.
Maintain the value and economic health of the commercial
property and businesses that serve and help to support the Township
and its citizens.
The owners of every building, structure, or
lot and the premises on which they are situated within the Township
shall comply with the provisions of this chapter, whether or not any
such building or structure shall have been constructed, altered or
repaired before or after the enactment hereof and irrespective of
any permits or licenses which may have been issued for the use or
occupancy of such building or for the installation or repair of equipment
or facilities prior to the effective date hereof.
A.
Sanitation. All exterior property areas and premises
shall be maintained in a clean, safe and sanitary condition, free
from any accumulation of rubbish or garbage.
B.
Containers. The operator of every establishment producing
garbage, vegetable wastes or other putrescible materials shall provide,
and at all times cause to be used, leakproof containers, provided
with close-fitting covers, for the storage of such materials until
removed from the premises for disposal.
C.
Grading and drainage. All premises shall be graded
and maintained so as to prevent the accumulation of stagnant water
thereon or within any structure located thereon.
D.
Traffic safety maintenance. All traffic flow and control
signs, whether painted on pavement or vertical structures, shall be
properly maintained in a functional condition. Bent and leaning sign
poles shall be replaced and/or straightened. Painted directional and
parking-bay stripes shall be maintained in a readable condition. Bent
and broken traffic control guardrails and fencing shall be replaced.
E.
Litter and maintenance of solid waste disposal facilities.
All industrial and commercial sites shall be kept free from noticeable
accumulation of paper and solid waste debris. Common refuse storage
areas shall be kept in a clean and repaired state in full conformance
with the site plan provisions for such facilities. All parking areas,
walkways, sidewalks and pathways on industrial and commercial sites
shall be cleared of snow and ice within 24 hours of the end of any
snow or ice storm.
F.
Insect and rat control. An owner of a structure or
property shall be responsible for the extermination of insects, rats,
vermin or other pests in all exterior and interior areas of the premises.
Whenever infestation exists in the shared or public parts of the premises,
extermination shall be the responsibility of the owner.
G.
Public areas. All sidewalks, steps, driveways, parking
spaces and similar paved areas for public use shall be kept in a proper
state of repair.
H.
Noxious weeds. All areas shall be kept free from weeds
or plant growth which is noxious or detrimental to the public health
and welfare.
I.
Exhaust vents. A person shall not construct, maintain
or operate pipes, ducts, conductors, fans or blowers discharging gases,
steam, vapor, hot air, grease, smoke, odors of other gaseous or particulate
wastes so as to discharge directly upon abutting or adjacent public
and private property or that of another tenant.
J.
Prohibited conditions. The exterior of all premises
shall be kept free of the following matter, materials or conditions:
(1)
Abandoned, uncovered or structurally unsound walls,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(2)
Abandoned iceboxes, refrigerators, heaters, television
sets and other similar major appliances.
(3)
Animal excrement.
(4)
Hidden or uncovered ground or surface hazards, such
as holes, sudden depressions, sharp or jagged projections or obstructions.
(5)
Buried rubble, refuse or rubbish.
(6)
Nuisances as hereinabove defined.
(7)
Vehicles or parts thereof, including boats and trailers,
motorized or not, licensed or unlicensed, registered or unregistered,
which vehicles or parts thereof are or have been junked, abandoned,
dismantled or are in a state of disrepair.
(8)
Dangerously loose and overhanging objects, including,
but not limited to, dead trees or tree limbs, accumulations of snow,
ice or any object, natural or man-made, which could threaten the health
and safety of persons if caused to fall or other similar dangerously
loose and overhanging objects, which, by reason of their location
above ground level, constitute an actual hazard to persons or vehicles
in the vicinity thereof.
(9)
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotten 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 or loose, crumbling
or falling bricks, stones, mortar or plaster.
(10)
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.
(11)
Broken glass or windows or rotted, missing or substantially
destroyed window frames and sashes, door frames, exterior doors or
other major exterior component parts of buildings or structures.
A.
General. The exterior of a structure shall be maintained
structurally sound and sanitary so as not to pose a threat to the
health and safety of the occupants and so as to protect the occupants
from the environment.
B.
Structural members. All supporting structural members
of all structures shall be kept structurally sound, free of deterioration
and maintained capable of safely bearing the dead and live loads imposed
upon them.
C.
Exterior surfaces (foundations, walls and roof). Every
foundation, exterior wall, roof and all other exterior surfaces shall
be maintained in a workmanlike state of maintenance and repair and
shall be kept in such condition as to exclude rats.
D.
Foundation walls. All foundation walls shall be maintained
so as to carry the safe design and operating dead and live loads and
shall be maintained plumb and free from open cracks and breaks so
as not to be detrimental to public safety and welfare.
E.
Exterior walls. Every exterior wall shall be free
of holes, breaks, loose or rotting boards or timbers and any other
conditions which might admit rain or dampness to the interior portions
of the walls or to the occupied spaces of the building. All exterior
surface materials, including wood, composition or metal siding, shall
be maintained weatherproof and shall be properly surface-coated when
required to prevent deterioration.
F.
Roofs. The roof shall be structurally sound and tight
and shall not have defects which might admit rain, and roof drainage
shall be adequate to prevent rainwater from causing dampness in the
walls or interior portion of the building.
G.
Chimneys. All chimneys, cooling towers, smoke stacks
and similar appurtenances shall be maintained structurally safe, sound
and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint, or similar
surface treatment where necessary.
H.
Stairs and porches. Every stair, porch and balcony,
and all appurtenances attached thereto, shall be so constructed as
to be safe to use and capable of supporting the loads to which they
are subjected and shall be kept in sound condition and good repair.
A.
General. The interior of a structure and its equipment
shall be maintained structurally sound and in a sanitary condition
so as not to pose a threat to the health and safety of the occupants
and to protect the occupants from the environment.
B.
Structural members.
(1)
The supporting structural members of every building
shall be maintained structurally sound, not showing any evidence of
deterioration which would render them incapable of carrying the imposed
loads.
(2)
Exit facilities. All interior stairs and railing and
other exit facilities of every structure shall be maintained in sound
condition and good repair by replacing treads and risers that evidence
excessive wear or are broken, warped or loose. Every inside stair
shall be so constructed and maintained as to be safe to use and capable
of supporting the anticipated loads.
[Amended 9-1-2004 by Ord. No. 2004-6]
The provisions of this chapter shall be enforced
by the Zoning Officer, who shall be designated by the Township Administrator,
with the assistance of the Police Department, the Fire Prevention
Bureau, the Health Department, and the Planning and Building Department.
Whenever the Zoning 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 thereof under this chapter. 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 properly and sufficiently served
if a copy thereof is sent by regular, registered or certified mail
to the last known address of the person or entity upon which the same
is served, as shown by the most recent tax lists of the municipality,
or if a copy thereof is handed to such person or persons or if a copy
thereof is left at the usual place of abode or office of such persons
or entities. Notice shall be given as aforesaid within or without
the municipality. The notice should also state that the violation
shall be abated, removed, cured, prevented or desisted from within
10 days of the date of service of such notice (exclusive of the date
of service), unless a written request for a hearing before the Building
Standards Board is received within the ten-day period. The Zoning
Officer may, at the time he issues the notice, extend the period for
compliance with the violation stated in the notice for a period in
excess of the aforesaid 10 days if, in his judgment, the abatement,
removal, prevention, cessation of or cure of the condition violated
cannot reasonably be effected within the ten-day period, and in such
cases the Zoning Officer shall state such reasonable required extended
period in the notice, which shall then be applicable instead of the
aforesaid 10 days. An individual receiving a notice from the Zoning
Official may request a hearing as to the propriety of the order before
the Building Standards Board. Upon receipt of a written request for
a hearing, the matter shall be heard at the next scheduled meeting
of the Building Standards Board. After such a hearing, the Board may
continue such order in effect, modify or withdraw it. In the event
that the violation is not abated, removed, cured, prevented or desisted
from or otherwise fully remedied within the ten-day period or within
such extended period as set forth in the notice pursuant to the foregoing,
a summons shall then issue against the person, persons, entity or
entities so notified.
Whenever the Zoning 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 issue an order by service of notice as set forth in § 285-8, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency.
[Amended 12-5-2007 by Ord. No. 2007-030]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the penalties imposed in Chapter 1, Article III, General Penalty, of the Township Code. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Amended 12-5-2007 by Ord. No. 2007-030]
Where abatement of any nuisance, as defined
herein, correction of a defect in the premises or work necessary to
place the premises in a proper condition so as to conform to ordinances
of the Township or applicable laws of the State of New Jersey requires
expending Township monies, the Zoning Official shall present a report
of work proposed to be done to accomplish the foregoing to the Township
Council of the Township with an estimate of the cost, along with a
summary of the proceedings undertaken by the Zoning Official or to
secure compliance, including notices served upon the occupants, owners,
operators or their agents, as the case may be. The Township Council
may thereupon, by resolution, authorize the abatement of the nuisance,
correction of the defect or work necessary to place the premises in
proper condition and in compliance with this code. The Zoning Official
or the Director of Public Works and Engineering, or his designee,
depending upon the volume of the work performed in accordance with
the resolution at Township expense, not to exceed the amount specified
in the resolution, and shall, upon completion thereof, submit a report
of the monies expended and costs to the Township Council. After review
of the report, the Township Council may approve the expenses and costs
whereupon the same shall become a lien against the premises, collectible
as provided by law. A copy of the resolution approving the expenses
and costs, whereupon the same, shall be certified by the Township
Clerk and filed with the Tax Collector of the Township, who shall
be responsible for the collection, and a copy of the report and resolution
for the collection, and a copy of the report and resolution shall
be sent by certified mail, return receipt requested, to the owner.
[Added 10-18-2017 by Ord.
No. 2017-013; amended 4-20-2022 by Ord. No. 2022-018; 12-7-2022 by Ord. No. 2022-051]
A.
ENFORCEMENT OFFICER
EXTERIOR OF THE PREMISES
NUISANCES AND HAZARDS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
OWNER
RESPONSIBLE PARTY
STREET ADDRESS
VACANT
Definitions. The following words and terms shall have the meanings
herein indicated for the purposes of this section:
The Township enforcement officer shall be defined as the
Zoning Officer, Construction Official, Township Engineer or any other
Township officials so designated by the Township Council to enforce
the provisions of this section. Nothing herein shall preclude any
Township employee engaged in the enforcement of laws and ordinances
from enforcing the provisions hereof. The Construction Official shall
be responsible for enforcement of violations of the New Jersey Uniform
Construction Code.
Those portions of a residential structure or accessory structure
on residential property which are exposed to public view and the surrounding
open space.
The following shall be considered nuisances and hazards for
the purposes of this section:
Any residential structure or accessory structure that is in
disrepair by reason of deteriorating conditions or storm damage;
Out-of-service swimming pools in disrepair by reason of deteriorating
conditions or storm damage;
Dead, rotting or diseased trees;
Loose and overhanging tree limbs;
Accumulated junk, litter or debris;
Accumulated hazardous, noxious, or unhealthy substances or materials;
and
Overgrown or neglected lawns, bushes, trees, shrubbery and landscaping.
Every person or entity who, alone or severally with others,
has legal or equitable title to any real property as defined by this
section; has legal care, charge, or control of any such property;
is in possession or control of any such property; and/or is vested
with possession or control of any such property. The property manager
shall not be considered the owner.
The title owner of a vacant and abandoned property or a creditor
responsible for the maintenance of a property pursuant to N.J.S.A
46:10B-51.
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
Any residential parcel of land in the Township of West Milford
that contains any building or structure that is not lawfully occupied.
B.
Vacant, abandoned residential property.
(1)
Vacant, abandoned residential property is any improved residential
property which is not physically and lawfully occupied by a title
owner, title owner's family member, title owner's relative
or a tenant of the title owner, and at which at least three of the
following conditions exist at the property:
(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 (including junk vehicles), 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 governmental 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 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 authorized party has secured or winterized the property
due to the property being deemed vacant and unprotected or in danger
of freezing; or
(n)
Any other reasonable indicia of abandonment.
(2)
A property which contains both residential and nonresidential space
may be considered abandoned pursuant to P.L. 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 has been legally occupied
for at least six months at the time of the determination of abandonment
by the enforcement officer, and the property meets the criteria set
forth in this section.
C.
Yard. A yard is an open space extending between the closest point
of any building and a lot line or street line, excluding those portions
of the yard that are critical areas.
D.
Registration of vacant, abandoned properties.
[Amended 6-14-2023 by Ord. No. 2023-014]
(1)
Registration. The responsible party for a vacant, abandoned, residential
property shall immediately file a certificate of registration with
the Township Clerk after receipt of notice that the property has been
determined to be vacant and abandoned or immediately after the responsible
party assumes ownership of or responsibility for a property already
determined to be vacant and abandoned. A certificate of registration
shall remain valid for one year from the date of issuance and renewal
shall be required annually that reverts back to the initial registration
date if the property remains vacant and abandoned.
(2)
Form of certificate of registration. The certificate of registration
shall be filed on forms prescribed by the Township Clerk and shall
contain:
(a)
The name, street address, email address, and direct telephone
number of a person who resides or maintains an office within the municipality
and who is either the responsible party or an authorized agent designated
by the responsible party to receive notices and complaints of property
maintenance and code violations on behalf of the responsible party;
(b)
The name, street address, and telephone number of the person
responsible for maintaining the property, if different; and
(c)
A certificate from a licensed insurance provider evidencing
the liability insurance coverage on the vacant and abandoned property.
(3)
Certificate of registration amendments. A responsible party for a
vacant and abandoned property shall file an amended certificate of
registration within 30 days after any change in the information required
to be included thereon.
E.
Security; notification; liability insurance.
(1)
Within 45 days after the property has been determined to be vacant
and abandoned and until the property is reoccupied, the responsible
party for a vacant, abandoned, or foreclosed residential property
shall:
(a)
Enclose and secure the property against unauthorized entry;
(b)
Post a sign affixed to the inside and outside of the property,
visible to the public, indicating the name, address, and telephone
number of the responsible party, and authorized agent designated by
the responsible party for the purpose of maintaining the property
if different from the responsible party or authorized agent; and
(c)
Acquire and otherwise maintain liability insurance by procuring
a vacancy policy, covering any damage to any person or any property
caused by any physical condition of the property.
F.
Maintenance standards for vacant, abandoned, and foreclosed properties.
(1)
Vacant, abandoned, and foreclosed properties shall be maintained
in accordance with the following standards:
(a)
The property shall be kept free of all nuisances and hazards,
litter, and debris.
(b)
The property shall be kept free of accumulations of water, vegetation
or other matter which might serve as a source of food or as a harboring
or breeding place for infestation.
(c)
Grass in the yard area shall be cut and maintained so as to
prevent the grass from growing to seed or exceeding 14 inches in height.
(d)
The exterior of every structure or accessory structure or other
improvement on the premises shall be kept in good repair, and all
exposed surfaces subject to deterioration shall be covered by a protective
coating appropriate for the particular material as needed.
(e)
The exterior of the buildings shall be free of loose material
that may create a hazard by falling on persons utilizing the premises.
(f)
All exterior walls, roofs, windows, window frames, doors, door
frames, skylights, foundations, and other parts of the structure shall
be maintained to keep water from entering the structure and to prevent
excessive drafts or heat loss during cold or inclement weather and
to provide a barrier against infestation. Damaged or badly worn materials
shall be repaired or replaced, and places showing signs of rot, leakage
or deterioration or corrosion shall be treated or restored to prevent
weathering or seepage.
(g)
Leaders and drain pipes shall be securely fastened to the building
and maintained in good condition.
G.
Notice of vacancy and abandonment. Upon determination of the enforcement
officer that a residential property is vacant and abandoned, the enforcement
officer shall notify the responsible party by personal service or
registered mail, and posting of notice in a noticeable place on the
property of the determination and the requirements of this section.
H.
Notice of violation. The enforcement officer, upon determination
of any violation of the provisions of this section, or any other applicable
ordinances, statutes or regulations, shall attempt to notify the responsible
party by personal service or registered mail and posting of notice
in a noticeable place on the property of the determination and the
requirements of this section. The notice shall advise the responsible
party of the violation and the obligation to remedy the same within
10 days from the date of the notice. If the violation is not remedied
to the satisfaction of the enforcement officer within said 10 days,
the enforcement officer may issue a summons to the responsible party
and request the governing body to adopt a resolution authorizing the
municipality to abate the violation and place the property in compliance
with the provisions of this section and any other applicable ordinances,
statutes or regulations at the responsible party's sole cost
and expense and impose a lien on the property for all costs and fees
associated herewith.
I.
Appeals of abandoned property list inclusion.
(1)
An owner or lienholder may challenge the inclusion of his property
on the abandoned property list by appealing that determination to
the Building Standards Board within 30 days of the owner's receipt
of notice or 40 days from the date upon which the notice was sent.
An owner whose identity was not known to the Construction Official
shall have 40 days from the date upon which the notice was published
or posted, whichever is later, to challenge the inclusion on the abandoned
property list. For good cause shown, the Building Standards Board
shall accept a late filing of an appeal. Within 30 days of receipt
of a request for an appeal of the findings contained in the notice,
the Building Standards Board shall schedule a hearing for redetermination
of the matter. Any property included on the list shall be presumed
to be abandoned property unless the owner, through the submission
of an affidavit or certification by the property owner averring that
the property is not abandoned and stating reasons for such averment,
can demonstrate that the property was erroneously included on the
list. The affidavit or certification shall be accompanied by supporting
documentation, such as but not limited to photographs, repair invoices,
bills and construction contracts. The sole ground for appeal shall
be that the property in question is not abandoned property as that
term is defined in this section. The Building Standards Board shall
decide any timely filed appeal within 10 days of the hearing on the
appeal and shall promptly, by certified mail, return receipt requested,
and by regular mail, notify the property owner of the decision and
reasons therefor.
(2)
The property owner may challenge an adverse determination of an appeal
with the Building Standards Board by instituting, in accordance with
the New Jersey Court Rules, a summary proceeding in the Superior Court,
Law Division, sitting in Passaic County, which action shall be tried
de novo. Such action shall be instituted within 20 days of the date
of decision mailed by the Building Standards Board. The sole ground
for appeal shall be that the property in question is not abandoned
property as that term is defined in this section. The failure to institute
an action of appeal on a timely basis shall constitute a jurisdictional
bar to challenging the adverse determination, except that, for good
cause shown, the court may extend the deadline for instituting the
action.
(3)
The Construction Official shall promptly remove any property from
the abandoned property list that has been determined not to be abandoned
on appeal.
(4)
The abandoned property list shall become effective, and the Township
of West Milford shall have the right to pursue any legal remedy with
respect to properties on the abandoned property list at such time
as any one property has been placed on the list in accordance with
the provisions of this section, upon the expiration of the period
for appeal with respect to the property or upon the denial of an appeal
brought by the property owner.
J.
Abatement by municipality: costs and lien. Upon adoption of a resolution
by the governing body, the municipality may abate any nuisance, hazard
or violation and place the property in compliance with the provisions
of this section and any other applicable ordinances, statutes, or
regulations. The enforcement officer shall certify the costs thereof
to the governing body. The governing body shall review the certificate
of costs and, if found acceptable, authorize a lien be placed against
the property. The amount of the lien shall be added to the taxes to
be assessed and levied upon the property. The amount of the lien shall
also bear interest at the same rates as taxes and be collected in
the same manner as any other taxes assessed and levied upon the property.
K.
Violations and penalties. Any person or entity that violates any
provision of this section shall, upon conviction thereof, be punished
by a fine not less than $500 nor more than $1,000. Each day that a
violation continues shall constitute an additional, separate and distinct
offense. Any penalty imposed pursuant to this section shall be recoverable
by a summary proceeding under the Penalty Enforcement Law of 1999,
P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The Superior Court,
Law Division, or the Municipal Court shall have jurisdiction to enforce
such penalty.
L.
Severability. If any provisions of this section shall be determined
to be invalid or unenforceable, such adjudication shall not affect
the validity of the remaining provisions of this section.
[Added 12-4-2019 by Ord. No. 2019-020]
A.
Purpose.
(1)
The Township Council finds and declares that certain transitory uses
of residential property tend to affect the residential character of
the community and, if unregulated, can be injurious to the health,
safety and welfare of the community.
(2)
The intended purposes of this § 285-13 are to:
(a)
Balance the rights of the owners of residential dwelling units
proposed for short-term rental use and the Township's business community
affected by the allowance and existence of short-term rentals;
(b)
Protect the public health, safety and general welfare of individuals
and the community at large;
(c)
Provide for an organized and reasonable process for the short-term
rental of certain defined classifications of residential dwelling
units in the Township;
(d)
Monitor and provide a reasonable means for the mitigation of
impacts created by such transitory uses of residential properties
within the Township of West Milford;
(e)
Preserve and protect the long-term housing market stock in the
Township; and
(f)
Ensure that the short-term rental property inventory in the
Township satisfies basic fire safety standards, in order to protect
the safety of occupants and the citizens of the Township.
(3)
The West Milford Township Council has therefore determined that it shall be unlawful for any owner of any property within the geographic bounds of the Township of West Milford, Passaic County, New Jersey, to rent or operate a short-term rental contrary to the procedures and regulations established in this § 285-13, or applicable state statute.
B.
Authority. In accordance with New Jersey law, a municipality may
make and enforce within its limits all ordinances and regulations
not in conflict with general laws, as it may deem necessary and proper
for the good government, order and protection of persons and property,
and for the preservation of the public health, safety and welfare
of the municipality and its inhabitants. The Township of West Milford
hereby adopts the within ordinance in accordance with said authority.
C.
OWNER
OWNER-OCCUPIED
PROPERTY
RESPONSIBLE PARTY
SHORT-TERM RENTAL (also referenced as "STR")
SHORT-TERM RENTAL PROPERTY (also referenced as "STRP")
SHORT-TERM RENTAL PROPERTY AGENT
TRANSIENT OCCUPANT
Definitions. As used in this § 285-13, the following terms shall have the meanings indicated below:
An individual or entity holding title to a property proposed
for short-term rental, by way of a legally recorded deed.
The owner of the property resides in the short-term rental
property (also referenced as "STRP"), or in the principal residential
unit with which the STRP is associated on the same lot.
A parcel of real property located within the boundaries of
the Township of West Milford, Passaic County, New Jersey.
Both the short-term rental property owner and a person (property
manager) designated by the owner to be called upon and be responsible
at all times during the period of a short-term rental and to answer
for the maintenance of the property, or the conduct and acts of occupants
of the short-term rental property, and, in the case of the property
manager, to accept service of legal process on behalf of the owner
of the short-term rental property. The responsible party must be a
New Jersey resident for the acceptance of legal process and to provide
the periodic site inspection required under this ordinance.
The accessory use of a dwelling unit for occupancy by someone other than the unit's owner or permanent resident for a period of 30 or less consecutive days, up to a cumulative total period of not to exceed 180 days in a calendar year, which dwelling unit is regularly used and kept open as such for the lodging of guests, and which is advertised or held out to the public as a place regularly rented to transient occupants, as that term is defined in this § 285-13.
A residential dwelling unit that is used and/or advertised for rent as a short-term rental by transient occupants as guests, as those terms are defined in this § 285-13. Dwelling units rented to the same occupant for more than 30 continuous days, licensed bed-and-breakfast establishments, licensed rooming or boarding houses, hotels and motels shall not be considered short-term rental property.
Any New Jersey licensed real estate agent or other person
designated and charged by the owner of a short-term rental property,
with the responsibility for making the STR application to the Township
on behalf of the owner, and fulfilling all of the obligations in connection
with completion of the short-term rental property permit application
process on behalf of the owner. Such person shall be available for,
and responsive to contact on behalf of, the owner, at all times.
Any person or a guest or invitee of such person, who, in exchange for compensation, occupies or is in actual or apparent control or possession of residential property, which is either: 1) registered as a short-term rental property, or 2) satisfies the definition of a short-term rental property, as such term is defined in this § 285-13. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the short-term rental is a transient occupant.
D.
Regulations pertaining to short-term rentals.
(1)
It shall be unlawful for any owner of any property within the geographic bounds of the Township of West Milford, New Jersey, to rent or operate a short-term rental contrary to the procedures and regulations established in this § 285-13 or applicable state statute.
(2)
Short-term rentals shall be permitted to be conducted in the following
classifications of property in the Township of West Milford:
(3)
Limitations.
(a)
Not more than one STR unit can be in any multifamily residential
dwelling;
(b)
Not more than one STR unit can be within a single-family residential
dwelling unit, where the STR shares common kitchen and bathroom facilities
with the occupant of the dwelling unit, and the remainder of the single-family
dwelling unit is occupied by the owner.
(c)
In an STR which is not owner-occupied or does not have a responsible
party in residence, there shall be no more than one family or two
unrelated individuals.
(4)
For an STR that does not have an owner or responsible agent on site,
the owner/responsible party or STRP agent shall visit the site at
the initiation of the rental and within 24 hours after the completion
of the rental and/or weekly for a multiweek rental to insure that
all Township regulations are being properly observed.
(5)
The provisions of this § 285-13 shall apply to short-term rentals as defined in Subsection C above. The following do not qualify as a privately-owned residential dwelling unit, as that term is used herein, and therefore, do not need to obtain a short-term rental permit pursuant to this § 285-13: any hotel, motel, studio hotel, rooming house, dormitory, public or private club, bed-and-breakfast inn, convalescent home, rest home, home for aged people, foster home, halfway house, transitional housing facility, or other similar facility operated for the care, treatment, or reintegration into society of human beings; any housing owned or controlled by an educational institution and used exclusively to house students, faculty or other employees with or without their families; any housing operated or used exclusively for religious, charitable or educational purposes; or any housing owned by a governmental agency and used to house its employees or for governmental purposes.
E.
Short-term rental permit, permit registration fee/application, and
certificate of occupancy.
(1)
In addition to any land use requirement(s) set forth by the Township
of West Milford Land Use Regulations, the owner/STRP agent of a short-term
rental property shall obtain a short-term rental permit from the Township
of West Milford Township Clerk's Office, before renting or advertising
for rent any short-term rental.
(2)
The failure to obtain a valid short-term rental permit prior to advertising the short-term rental property in any print, digital or internet advertisement or web-based platform, and/or in the MLS or any realtor's property listing shall be a violation of this section. No short-term rental permit issued under this § 285-13 may be transferred or assigned or used by any person or entity, other than the owner to whom it is issued, or at any property location or dwelling unit other than the property for which it is issued. An owner of a property intended to serve as a short-term rental property, as defined herein, or any STR agent acting on behalf of the owner, shall submit to the Township of West Milford Township Clerk's Office a short-term rental permit application provided by the Township, along with an annual application/registration fee of $500 plus relevant certification and inspection fees. Said fees shall be nonrefundable in the event that the application is denied.
(3)
The short-term rental permit, if granted, shall be valid for a period
of one year from the date of issuance.
(4)
A short-term rental permit shall be renewed on an annual basis, based
upon the anniversary of the original permit issuance, by submitting
to the Township Clerk's Office, a short-term rental permit application
and a renewal registration fee of $500.
(5)
The short-term rental permit shall expire automatically when the
short-term rental property changes ownership, and a new initial application
and registration fee will be required in the event that the new owner
intends to use the property as a short-term rental property. A new
application and registration fee shall also be required for any short-term
rental that had its short-term rental permit revoked or suspended.
Permits are not transferable to other parties.
F.
Application process for short-term rental permit and inspections.
(1)
Application process. Application for a short-term rental permit shall be submitted under oath on a form specified by the Township Clerk, to the Township of West Milford Township Clerk's Office accompanied by the nonrefundable application fee as set forth in Subsection E above. Such application shall include:
(a)
The name, address, telephone number and e-mail address of the
owner(s) of record of the dwelling unit for which a permit is sought.
To verify this information, the applicant shall provide their driver's
license. If such owner is not a natural person, the application must
include and identify the names of all partners, officers and/or directors
of any such entity, and the personal contact information, including
address and telephone numbers for each of them.
(b)
The address of the unit to be used as a short-term rental.
(c)
If the property owner is not going to be present or assume liability
for the activities in and maintenance of the STR on a seven-day-a-week
basis, 24 hours a day, then the name, address, telephone number and
email address of the short-term rental property agent, or short-term
rental property responsible party who will assume this responsibility.
(d)
For a condominium short-term rental permit application, a letter
of approval by the condominium association must be submitted with
the application. For units in a Lake Association community, certification
that notice of the application has been provided to the Association.
(e)
A sworn statement that there have been no prior revocations
or suspensions of this or a similar license, in which event a license
shall not be issued, which denial may be appealed as provided hereinafter.
(f)
The owner's or the short-term rental property agent's sworn
acknowledgement that he or she has received a copy of this section,
has reviewed it, understands its requirements and certifies, under
oath, as to the accuracy of all information provided in the permit
application.
(g)
The number and location of all parking spaces available to the
premises, which shall include the number of legal off-street parking
spaces on the premises. The owner shall certify that renters will
not use on-street parking, unless no off-street parking is available.
Where no off-street parking is available, on-street parking regulations
apply.
(h)
A certification from the Township Fire Prevention Office that
the premises have the required smoke and CO (carbon monoxide) alarms
and fire extinguishers and that all are in working order.
[Amended 10-5-2022 by Ord. No. 2022-044]
(i)
A zoning compliance certificate, which states that the premises
are not being occupied or used in violation of the Township's Land
Use Regulations and Zoning Ordinance.
(j)
The owner's agreement to use his or her best efforts to assure
that use of the premises by all transient occupants will not disrupt
the neighborhood, and will not interfere with the rights of neighboring
property owners to the quiet enjoyment of their properties.
(k)
Attached to and concurrent with submission of the permit application
the owner shall provide proof of general liability insurance at a
minimum amount of $1,000,000, with the Township named as an additional
insured.
(l)
Written certifications from the short-term rental property agent and responsible party that they agree to perform all of the respective duties specified in this § 285-13.
(m)
A certification that the STRP owner is current with all taxes
assessed to the property prior to the issuance of a short-term rental
permit; that any code violations that have been issued by the Township
relating to the STRP have been properly abated; that any open construction
permits for the property prior to the issuance of a short-term rental
permit have been closed; and that all fines or penalties issued by
the Municipal Court for the Township of West Milford for any past
code violations relating to the STRP, including penalties for failure
to appear in court, are satisfied in full.
(2)
Required inspections:
(a)
Every application for a short-term rental permit shall require
annual inspections for the STRP's compliance with the Township's fire
safety regulations.
(3)
Other requirements:
(a)
The STRP owner/permit holder shall include the short-term rental
permit number issued by the Township in every print, digital, or internet
advertisement, and/or in the Multiple Listing Service (hereinafter
"MLS") or other real estate listing of a real estate agent licensed
by the NJ State Real Estate Commission, in which the short-term rental
property is advertised for rent on a short-term basis.
(b)
The primary occupant of all short-term rentals executing the
agreement between the owner/short-term rental property agent and the
occupant must be over the age of 21, and must be the party who will
actually occupy the property during the term of the short-term rental.
The primary occupant may have guests under the age of 21 who will
share and occupy the property with them.
G.
Issuance of permit and appeal procedure.
(1)
Once an application is submitted, complete with all required information and documentation and fees, the Township Clerk's Office, following any necessary investigation for compliance with this § 285-13, shall either issue the short-term rental permit or issue a written denial of the permit application (with the reasons for such denial being stated therein), within 10 business days.
(2)
If denied, the applicant shall have 10 business days to appeal in
writing to the Zoning Board of Adjustment, by filing the appeal with
the Township Planning Department.
(3)
Within 45 days thereafter, the Zoning Board of Adjustment shall hear
and decide the appeal.
H.
Short-term rental operational requirements.
(1)
The owner/STRP agent/responsible party shall ensure that the short-term
rental is used in a manner that complies with all applicable laws,
rules and regulations pertaining to the use and occupancy of a short-term
rental.
(2)
A dwelling unit shall be limited to one single short-term rental
contract at a time.
(3)
The owner/STRP agent shall not install any advertising or identifying
mechanisms, such as signage, including lawn signage, identifying the
property for rent as a short-term rental property.
(4)
Transient occupants of the STRP shall comply with all ordinances
of the Township of West Milford including, but not limited to, those
ordinances regulating noise and nuisance conduct. Failure of transient
occupants to comply shall subject the transient occupants, the owner
of the STRP, the responsible party and/or the Short-Term Rental agent
listed in the short-term rental permit application, to the issuance
of fines and/or penalties, and the possibility of the revocation or
suspension of the STRP permit.
(5)
The owner/STRP agent/responsible party of a STRP shall post the following
information in a prominent location within the short-term rental and
prospective tenants should provide written acknowledgement of receipt
of said materials:
(a)
Owner name; if owner is an entity, the name of a principal in
the entity, and phone number for the owner (individual);
(b)
The names and phone numbers for the responsible party and the short-term rental agent, as those terms are defined in this § 285-13 (use of a rental agent is not required);
(c)
The phone numbers for the West Milford Police Department, the
West Milford Fire Department, the Township of West Milford Department
of Code Enforcement and the Township of West Milford Department of
Planning/Building;
(d)
The maximum number of parking spaces available on site;
(e)
On-street parking regulations applicable to the adjacent streets;
(f)
Survey or boundary map showing property lines of property rented;
and
(g)
Trash and recycling pick-up day, and all applicable rules and
regulations regarding trash disposal and recycling.
(6)
In the event any complaints are received by the West Milford Police
Department and/or other Township Departments regarding the STRP and/or
the transient occupants in the STRP, and the owner of the STRP is
unreachable or unresponsive, both the responsible party and the short-term
rental agent listed in the short-term rental permit application shall
have the responsibility to take any action required to properly resolve
such complaints, and shall be authorized by the STRP owner to do so.
(7)
While a STRP is rented, the owner, the short-term rental agent, or
the responsible party shall be available 24 hours a day, seven days
a week for the purpose of responding within two hours to complaints
regarding the condition of the STRP premises, maintenance of the STRP
premises, operation of the STRP, or conduct of the guests at the STRP,
or nuisance complaints from the West Milford Police Department or
neighbors, arising by virtue of the short-term rental of the property.
(8)
If the STRP is the subject of two or more substantiated civil and/or
criminal complaints in a one-year period, the Township Clerk or his
or her designee may revoke the short-term rental permit issued for
the property, in which case, the STRP may not be the subject of a
new STRP permit application for one year following the date of revocation
of the permit.
(9)
In the event that the Township receives three substantiated complaints
in a one-year period concerning excessive vehicles belonging to the
transient occupants of a STRP, the short-term rental permit for the
property is subject to revocation by the Township Clerk or his or
her designee.
(10)
The person offering a dwelling unit for short-term rental use must be the owner of the dwelling unit or the short-term rental property agent. A tenant of a property may not apply for a short-term rental permit, nor shall the property or any portion thereof be sub-leased by the tenant on a short-term basis, or operated as a STRP by the tenant. This STRP regulation shall supersede any conflicting provision in a private lease agreement permitting sub-leasing of the property, or any portion of the property. Violation of this § 285-13 will result in enforcement action against the tenant, the STRP owner, the Short-Term Rental agent, and the responsible party, and will subject all such parties to the issuance of a summons and levying of fines and/or penalties.
I.
Short-term rental enforcement authority. The Zoning/Property Maintenance
Official of the Township shall have the authority to enforce the provisions
of this section and shall be granted access by the owner/STR agent
or responsible party to the permitted premises at all reasonable hours
to insure that the above requirements are met.
[Added 12-7-2022 by Ord. No. 2022-052]
A.
Purpose and intent. It is the purpose and intent of the Council to
establish a process to address the deterioration, crime, and decline
in value of Township neighborhoods caused by property with foreclosure
mortgages located within the Township, and to identify, regulate,
limit and reduce the number of these properties located within the
Township. It has been determined that there exist within the Township
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment or maintenance or,
further, that such conditions, including but not limited to structural
deterioration; lack of maintenance of exterior premises and vacant
lots; infestation; and existence of fire hazards, constitute a menace
to the health, safety, welfare and reasonable comfort of the citizens
and inhabitants of the Township. 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, if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same
and that, by reason of timely regulations and restrictions as herein
contained, the growth of 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. It is the Council's further
intent to establish a registration program as a mechanism to help
protect neighborhoods from becoming blighted through the lack of adequate
maintenance of properties that are in foreclosure or foreclosed, and
to provide a mechanism to avert foreclosure actions through timely
intervention, education, or counseling of property owners.
B.
ANNUAL REGISTRATION
ENFORCEMENT OFFICER
EVIDENCE OF VACANCY
FORECLOSURE or FORECLOSURE ACTION
MORTGAGE
OWNER
PROPERTY MANAGER
REAL PROPERTY
REGISTRABLE PROPERTY
REGISTRY
UTILITIES AND SERVICES
VACANT
Definitions. The following words, terms, and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning.
Twelve months from the date of the first action that requires
registration, as determined by the Township, or its designee, and
every subsequent 12 months the property is registrable. The date of
the initial registration may be different than the date of the first
action that required registration.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Township to enforce the applicable code(s).
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lienholder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. This definition shall include, but is not limited to,
a complaint and summons filed with respect to foreclosure on a mortgage,
a lis pendens filed against it by the lender holding a mortgage on
the property, a deed in lieu of foreclosure, sale to the mortgagee
or lienholder, certificate of title and all other processes, activities
and actions, by whatever name, associated with the described process.
The legal process is not concluded until the property obtained by
the mortgagee, lienholder, or their designee, by certificate of title,
or any other means, is sold to a nonrelated bona fide purchaser in
an arm's-length transaction to satisfy the debt or lien.
The creditor, including, but not limited to, trustees; mortgage
servicing companies; 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; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities
as assignee or owner.
Every person, entity, or mortgagee who, alone or severally
with others, has legal or equitable title to any real property as
defined by this section; has legal care, charge, or control of any
such property; is in possession or control of any such property; and/or
is vested with possession or control of any such property. The property
manager shall not be considered the owner.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this section.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Township limits.
Any real property located in the Township, whether vacant
or occupied, that is subject to an ongoing foreclosure action by the
mortgagee or trustee, has been the subject of a foreclosure action
by a 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.
A web-based electronic database of searchable real property
records, used by the Township to allow mortgagees the opportunity
to register properties and pay applicable fees as required in this
section.
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Township codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
As used in this section, any parcel of land in the Township
that contains any building or structure that is not lawfully occupied
or inhabited by human beings. A property also shall be deemed vacant
if it is occupied without a valid, unexpired certificate of occupancy
or other written authorization for occupancy as may be required by
applicable laws.
C.
Applicability and jurisdiction. This section applies to foreclosing
or foreclosed property within the Township.
D.
Establishment of a registry.
(1)
Pursuant to the provisions of this § 285-14, the Township, or its designee, shall establish a registry cataloging each registrable property within the Township, containing the information required by this section.
(2)
No less than 20% of any money collected shall be utilized by the
municipality for municipal code enforcement purposes.
E.
Inspection and registration of real property under foreclosure.
(1)
Any mortgagee who holds a mortgage on real property located within
the Township shall perform an inspection of the property upon the
filing of a foreclosure action or any evidence of an existing foreclosure
action or if a lienholder has obtained ownership of the real property
by the mortgagee.
(2)
Property inspected pursuant to Subsection E(1) above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status, the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
(3)
Within 10 days of the date any mortgagee files a foreclosure action,
the mortgagee shall register the real property with the Township registry,
and, at the time of registration, indicate whether the property is
vacant, and if so shall designate in writing a property manager to
inspect, maintain and secure the real property subject to the mortgage
in foreclosure when legally possible. A separate registration is required
for each registrable property.
(4)
Initial registration pursuant to this section shall contain at a
minimum the name of the mortgagee, the mailing address of the mortgagee,
email address, telephone number and name of the property manager and
said person's address, email address, and telephone number, regardless
of whether it is occupied or vacant.
(5)
At the time of initial registration, each registrant shall pay a nonrefundable annual registration fee as set forth in Chapter 135, Fees and Costs, for each occupied registrable property and for each vacant property. Subsequent nonrefundable annual registrations of properties and fees are due within 10 days of the expiration of the previous registration. Said fees shall be used to offset the costs of: 1) registration and registration enforcement, 2) code enforcement and mitigation related to foreclosure properties, 3) post-closing counseling and foreclosure intervention limited to owner-occupied persons in default, which may not include cash and mortgage modification assistance, and 4) for any related purposes as may be adopted in the policy set forth in this section. Said fees shall be deposited to a special account in the Township's department dedicated to the cost of implementation and enforcement of this section, and fulfilling the purpose and intent of this section. None of the funds provided for in this section shall be utilized for the legal defense of foreclosure actions.
(6)
If the mortgage and/or servicing on a property is sold or transferred,
the new mortgagee is subject to all the terms of this section. 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.
(7)
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 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 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.
(8)
If the foreclosing or foreclosed 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, the property is not registered and shall
be due and payable with the registration.
(9)
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
(10)
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.
(11)
Failure of the mortgagee 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 Township.
(12)
If any property is in violation of this section, the Township
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.
(13)
Registration of foreclosure property does not alleviate the
mortgagee and/or owner from obtaining all required licenses, permits
and inspections required by applicable codes 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 mortgagee and/or owner is expected
to update the status of the property in the event of a mortgagee-managed
rental.
F.
Maintenance requirements.
(1)
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, and 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)
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.
(3)
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.
(4)
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, 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, owner, and transferees to properly maintain
the property as required by this section 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 Township.
Pursuant to a finding and determination by the Township Sheriff, Magistrate
or a court of competent jurisdiction, the Township 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) of the Township.
G.
Security requirements.
(1)
Properties subject to this section 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 property is registrable, and the property has become vacant
or blighted, a property manager shall be designated by the mortgagee
or owner to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this section, and any other applicable laws.
(4)
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Township.
(5)
When a property subject to this section becomes vacant, it shall
be posted with the name and twenty-four-hour contact telephone number
of the property manager. The property manager shall be available to
be contacted by the Township 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:
|
THIS PROPERTY IS MANAGED BY __________
|
|
AND IS INSPECTED ON A REGULAR BASIS.
|
|
THE PROPERTY MANAGER CAN BE CONTACTED
|
|
BY TELEPHONE AT __________
|
|
OR BY EMAIL AT __________
|
(6)
The posting required in Subsection G(5) above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or, if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
(7)
Failure of the mortgagee and/or property owner of record to properly
inspect and secure a property subject to this section, and post and
maintain the signage noted in this section, is a violation and shall
be subject to enforcement by any of the enforcement means available
to the Township. The Township may take the necessary action to ensure
compliance with this section, and recover costs and expenses in support
thereof.
H.
Provisions supplemental to other remedies. The provisions of this
section are cumulative with and in addition to other available remedies.
Nothing contained in this section shall prohibit the Township from
collecting on fees, fines, and penalties in any lawful manner; or
enforcing its codes by any other means, including, but not limited
to, injunction, abatement, or as otherwise provided by law or ordinance.
I.
Public nuisance. All registrable property is at risk of being a public
nuisance and if vacant or blighted can constitute 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.
J.
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
or owner, and may bring the violations before code enforcement or
the Council or Special Magistrate as soon as possible to address the
conditions of the property. Nothing herein shall limit the Township
from abating any nuisance or unsafe condition by any other legal means
available to it.
(2)
The Sheriff, code enforcement, Council or Special Magistrate shall
have the authority to require the mortgagee or owner affected by this
section 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.
(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
Sheriff, code enforcement, Council or Special Magistrate may direct
the Township to abate the violations and charge the mortgagee or owner
with the cost of the abatement.
(4)
If the mortgagee or owner does not reimburse the Township for the
cost of temporarily securing the property, or of any abatement directed
by the Sheriff, code enforcement officer, code enforcement, Council
or Special Magistrate, within 30 days of the Township sending the
mortgagee or owner the invoice, then the Township may lien the property
with such cost, along with an administrative fee as determined in
the Township's fee ordinance to recover the administrative personnel
services. In addition to filing a lien, the Township may pursue financial
penalties against the mortgagee or owner.
(5)
The Township may contract with an entity to implement this section,
and, if so, any reference to the enforcement officer herein shall
include the entity the Township contracts with for that purpose.
K.
Opposing or 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 section shall be punishable as provided in the applicable code(s)
or a court of competent jurisdiction.
L.
Immunity of enforcement officer. Any enforcement officer or any person
authorized by the Township 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.
M.
Penalties.
(1)
Unless otherwise provided for in this section, a violation of this
section is declared unlawful.
(a)
Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(1): "An out-of-State
creditor subject to an ordinance adopted pursuant to subsection a.
of this section found by the municipal court of the municipality 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 paragraph (1) of subsection a. of section 17 of
P.L. 2008, c. 127 (C. 46:10B-51) or paragraph (1) of subsection a.
of section 2 of P.L. 2021, c. 444 (C. 40:48-2.12s2) for providing
notice to the municipal clerk that a summons and complaint in an action
to foreclose on a mortgage has been served.
(b)
Per P.L. 2021, Chapter 444, N.J.S.A. 40:48-2.12s3g(2): "A creditor
subject to an ordinance adopted pursuant to subsection a. of this
section found by the municipal court of the municipality in which
the property subject to the ordinance is located, or by any other
court of competent jurisdiction, to be in violation, excluding only
a violation addressed by paragraph (1) of this subsection, of the
ordinance 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."
N.
Amendments. Registration fees and penalties outlined in this section
may be modified as an amendment to this section, passed and adopted
by the Council.
