[Ord. No. 18-2018; amended 1-20-2021 by Ord. No. 2-2021]
A.
The International Property Maintenance Code, 2015, as published by the International Code Council, Inc., as may be amended and supplemented by the International Code Council, Inc. is hereby adopted by reference as though the entire provisions of said code were set forth at length herein, save and except such portions thereof as are deleted and changed or modified by the provisions of Subsection B hereof, and 3 copies of said code have been placed and now are on file in the respective offices of the Township Clerk and the Construction Official and shall remain on file in each office for examination by the public so long as said code is utilized by the Township of Wayne.
B.
The
International Property Maintenance Code, 2015, is amended and revised
in the following respects:
(1)
Section 101.1. Insert "Township of Wayne".
(2)
Section 103. Delete in its entirety.
(3)
Section 107.5. Insert "not less than $100 nor more than $1,000."
(4)
Section 107.6. Insert "not to exceed 30 days."
(5)
Section 108. Delete in its entirety.
(6)
Section 109. Delete in its entirety.
(7)
Section 110. Delete in its entirety.
(8)
Section 111. Delete in its entirety.
(9)
Section 112. Delete in its entirety.
(10)
Section 201.3. Delete "International Plumbing Code" and insert "National
Standard Plumbing Code 2015."
(11)
Section 302.4. Insert "8 inches."
(12)
Section 302.7. Insert "Accessory structures, including detached garages,
fences, signs, and walls, shall be maintained structurally sound and
in good repair."
(13)
Section 304.14, insert "May 1 to October 31."
(14)
Section 502.5. Delete "International Plumbing Code" and insert "National
Standard Plumbing Code 2015."
(15)
Section 505.1. Delete "International Plumbing Code" and insert "National
Standard Plumbing Code 2015."
(16)
Section 602.2. Delete "based on the winter outdoor design temperature
for the locality indicated in Appendix D of the International Plumbing
Code."
(17)
Section 602.3, insert "October 1 to May 31."
(18)
Section 602.4, insert "October 1 to May 31."
C.
The
enforcement officer shall be the Construction Official or his/her
designee.
[Ord. No. 18-2018]
The purpose of this article is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance, and condition of vacant and/or abandoned
properties and fixing penalties for violations of this article.
[Ord. No. 18-2018]
A.
Except as provided in N.J.S.A. 55:19-83, any property that has not
been legally occupied for a period of six months and which meets any
one of the following additional criteria may be deemed to be vacant
and/or abandoned property upon a determination by the Enforcement
Officer that:
(1)
The property is in need of rehabilitation, in the reasonable judgment
of the Enforcement Officer and no rehabilitation has taken place during
that same six-month period; or
(2)
Construction was initiated on the property and was discontinued prior
to completion, leaving the building unsuitable for occupancy, and
no construction has taken place for at least 6 months as of the date
of a determination by the Enforcement Officer; or
(3)
At least one installment of property tax remains unpaid and delinquent
on that property as of the date of a determination by the Enforcement
Officer; or
(4)
The property has been determined to be a nuisance by the Enforcement
Officer in accordance with N.J.S.A. 55:19-82 for one or more of the
following reasons:
(a)
The property has been found to be unfit for human habitation,
occupancy or use pursuant to N.J.S.A. 40:48-2.3;
(b)
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
(c)
The property is subject to unauthorized entry, leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so;
(d)
The presence of vermin or the accumulation of debris or uncut
vegetation or physical deterioration of the structure or grounds has
created potential health and safety hazards, and the owner has failed
to take reasonable and necessary measures to remove the hazards; or
(e)
The dilapidated appearance or other condition of the property
materially affects the welfare, including the economic welfare, of
the residents of the area in close proximity to the property, and
the owner has failed to take reasonable and necessary measures to
remedy the conditions.
B.
A property which contains both residential and nonresidential space
may be considered abandoned pursuant to 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.
[Ord. No. 18-2018; amended 6-7-2023 by Ord. No. 20-2023]
A.
Upon determination of the Enforcement Officer that a residential property is vacant and/or abandoned as defined in Section 99-2.1, the Enforcement Officer shall notify the responsible party by personal service, registered mail or posting notice in a conspicuous place on the property of the determination and requirements of this article.
B.
The owner, operator or responsible party of any vacant and/or abandoned property shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of the abandoned property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Enforcement Officer on forms provided by the Township for such purposes. Any Mortgagee who holds a mortgage on Real Property located within the Township shall comply with the registration requirements noted in Article V below upon the filing of a Foreclosure Action. Failure to receive notice by the Township shall not constitute grounds for failure to register the property. A certificate of registration shall remain valid through the end of the calendar year in which it was registered and shall be renewed annually, no later than January 31, as long as the property remains abandoned. The registration statement shall contain, at a minimum, the following:
(1)
The name, street address and telephone number of a person who resides
or maintains an office within the State of New Jersey 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;
(2)
The name, street address and telephone number of the person responsible
for maintaining the property, if different;
(3)
A certificate of insurance evidencing vacancy and/or abandoned coverage
on the abandoned property in a form to be approved by the Township
Attorney;
(4)
The owner, operator or responsible party shall notify the Enforcement
Officer within 30 calendar days of any change in the registration
information by filing an amended registration statement on a form
provided by the Enforcement Officer for such purpose.
C.
A vacant and/or abandoned property shall not be included on the abandoned
property list if rehabilitation is being performed in a timely manner,
as evidenced by building permits issued and diligent pursuit of rehabilitation
work authorized by those permits. A property on which an entity other
than the Township of Wayne has purchased or taken assignment from
the Township of a tax sale certificate which has been placed on the
abandoned property list may be removed if the owner of the certificate
pays all municipal taxes and liens due on the property within 30 days
after the property is placed on the list; provided, however, that
if the owner of the certificate fails to initiate foreclosure proceedings
within 6 months after the property was first placed on the list, the
property shall be restored to the abandoned property list in accordance
with the provisions of N.J.S.A. 55:19-103.
[Ord. No. 18-2018]
The owner of any building that has become a vacant and abandoned
property, and any person maintaining, operating, or collecting rent
for any such building that has become vacant shall, within 30 days
thereof:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Township Code, or as set forth
in rules and regulations supplementing said codes; and
B.
Post a sign affixed to the inside of the building indicating the
name, address, and telephone number of the owner, the owner's authorized
agent for the purpose of service of process, and the person responsible
for day-to-day supervision and management of the building, if such
person is different from the owner holding title or authorized agent;
and
C.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete; and
D.
Place a sign or posting indicating that unauthorized persons are
not permitted entry into the building or on the porch, curtilage or
surrounding areas in accordance with the provision of New Jersey Statute
2C:18-3b(2). Said sign/posting shall clearly indicate "No trespassing"
in a form approved by the Township of Wayne and shall be placed in
a conspicuous location on the premises. The sign shall be a size and
placed in such a location so as to be legible from the nearest public
street or sidewalk, whichever is nearer, but shall be no smaller than
15" X 17".
[Ord. No. 53-2014; Ord. No. 18-2018]
A.
Creditor responsibility. Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a creditor filing a summons and complaint in an action to foreclose on a residential property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the residential property, and if located out-of-state, shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor. This obligation applies whether the determination that the property is vacant and/or abandoned is made by the public officer pursuant to the provisions of Chapter 99 of the Code of the Township of Wayne, pursuant to the provisions of N.J.S.A. 2A:50-73, or otherwise.
B.
Notice to creditor; time to correct violations. If the public officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of Chapter 99 of this Code, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The 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. The issuance of this notice shall constitute evidence that a property is "vacant and/or abandoned" for purposes of N.J.S.A. 2A:50-73.
C.
Designated representative of out-of-state creditor; violation. An
out-of-state creditor shall include the full name and contact information
of the in-state representative or agent in the notice required to
be provided to the Township Clerk pursuant to paragraph (1) of subsection
a of section 17 of P.L. 2008, c.127 (C.46:10B-51). An out-of-state
creditor found by the municipal court of the municipality in which
the property is located, or by any other court of competent jurisdiction,
to have violated this provision shall be subject to a fine of $2,500.00
for each day of the violation commencing on the day after the ten
(10) day period set forth in paragraph (1) of subsection a of section
17 of P.L. 2008, c.127 (C.46:10B-51) with respect to notifying the
Township Clerk that a summons and complaint in an action to foreclose
on a mortgage has been served.
D.
Additional notice required. Notice of violations of property maintenance,
building or other property codes for any property declared vacant
and abandoned pursuant to this chapter shall be given to a foreclosing
creditor pursuant to the procedures of this Code as required by P.L.
2014, c. 35.
[Ord. No. 18-2018]
A.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Construction Official may cause such building to be repaired,
altered or improved or to be vacated and closed. The public officer
may cause to be posted, on the main entrance of any building so closed,
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
B.
If the owner fails to comply with an order to remove or demolish
the building, the public officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof.
C.
Collection of Township's cost of removal, repair, etc. The amount
of the cost of the filing of legal papers, expert witnesses' fees,
search fees and advertising charges incurred in the course of any
proceeding taken under this section determined in favor of the municipality,
and such cost of such repairs, alterations or improvements, vacating
and closing or removal or demolition, or from any contract for removal
or demolition thereof, shall be a municipal lien against the real
property upon which such cost was incurred. If the building is removed
or demolished by the public officer, he/she shall sell the materials
of such building. There shall be credited against the cost of the
removal or demolition thereof, including the clearance and, if necessary,
leveling of the site, the proceeds of any sale of such materials or
any sum derived from any contract for the removal or demolition of
the building. If there are no such credits or if the sum total of
such costs exceeds the total of such credits, a detailed statement
of the aforesaid costs and the amount so due shall be filed with the
Municipal Tax Assessor or other custodian of the records of tax liens,
and a copy thereof shall be forthwith forwarded to the owner by registered
mail. If the total of the credits exceeds such costs, the balance
remaining shall be deposited in the Superior Court by the public officer,
shall be secured in such manner as may be directed by such Court and
shall be disbursed according to the order or judgment of the Court
to the persons found to be entitled thereto by final order or judgment
of such Court. Any owner or party in interest may, within 30 days
from the date of the filing of the lien certificate, proceed in a
summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate. If an actual and immediate danger to life is posed
by the threatened collapse of any fire-damaged or other structurally
unsafe building, the Construction Official may, after taking such
measures as may be necessary to make such building temporarily safe,
seek a judgment in summary proceedings for the demolition thereof.
Nothing in this section shall be construed to impair or limit in any
way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this section intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any rules or
regulations adopted thereunder.
D.
The amount of the Township's costs related to the repair, alteration,
improvement of any dwelling or the abatement of any nuisance existing
upon the property shall become a lien upon the lands and shall be
added to and become part of the assessment upon such lands. Said amount
shall bear interest of the same rate as taxes and shall be collected
and enforced by the Tax Collector of the Township. In addition to
the costs associated with the repair, alteration, improvement or abatement,
a charge of 15% of the total cost shall be imposed as an administrative
charge.
[Ord. No. 18-2018]
A.
Violations and penalties. Except as set forth in Chapter 1, § 1-15 and herein, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, § 1-15, of this Code. Except that a creditor required to correct a care, maintenance, security or upkeep violation under this chapter cited in a notice issued pursuant to § 99-2.4B shall be subject to a fine of $1,500.00 for each day of the violation. Any fines imposed pursuant to this section shall commence 31 days following receipt of the notice, 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.
