[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River as indicated in article histories. Amendments noted where applicable.]
Uniform construction codes — See Ch. 41.
Article I Adoption of Standards
Article II Duties and Obligations Applicable To Foreclosure Properties
[Amended 5-8-1986 by Ord. No. 8-86; 5-12-1993 by Ord. No. 4-93; 6-3-2010 by Ord. No. 7-10]
A certain document, three copies of which are on file in the office of the Borough Administrator of the Borough of Upper Saddle River, being marked and designated as the "International Property Maintenance Code, 2009 Edition," as published by the International Code Council, together with any subsequent amendments or revisions, be and is hereby adopted as the Property Maintenance Code of the Borough of Upper Saddle River in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings, and structures by providing the standard for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use for the condemnation of such existing structures as herein provided and by providing for the issuance of permits and the collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Upper Saddle River are hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
Nothing in this chapter or in the Basic Property Maintenance Code hereby approved shall be construed to affect any suit or proceeding pending in any court, or any rights acquitted or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Adopted 4-9-2015 by Ord. No. 3-15]
Any creditor, individual or entity filing a summons and compliant in an action to foreclose on any real property within the Borough of Upper Saddle River shall be responsible for the care, maintenance, security and upkeep of the exterior of the property, if vacant and/or abandoned. If said creditor, individual or entity is located outside of the State of New Jersey, said creditor, individual or entity shall be required to appoint an agent or representative within the State of New Jersey to act on behalf of the creditor, individual or entity, providing the Borough of Upper Saddle River with the full name and contact information of the agent or representative within the State of New Jersey at the time the creditor, individual or entity provides the notice to the Borough required by N.J.S.A. 46:10B-51.
Either the Zoning Officer or the Construction Code Official of the Borough of Upper Saddle River shall be authorized to issue a notice to the creditor, individual or entity filing a foreclosure action if it is determined that the creditor, individual or entity has failed to provide for the care, maintenance, security and upkeep of the exterior of any vacant and abandoned property. Said notice shall require the creditor, individual or entity to correct any 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 a notice pursuant to this subsection shall constitute proof that a property is vacant and abandoned for the purposes of N.J.S.A. 2A:50-73.
An out-of-state creditor found by the Municipal Court entrusted with the responsibility of adjudicating violations of the within article or any other Court of competent jurisdiction to be in violation of the requirement to appoint an in-state representative or agent pursuant to this article shall be subject to a fine of $2,500 for each day of any violation of this article. Any fines imposed on a creditor for 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, Chapter 127 (N.J.S.A. 46:10B-51) for providing notice to the Borough Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
A creditor, individual or agent found by the Municipal Court having the responsibility of adjudicating violations of this article to have violated the requirement to correct, care for, maintain, secure or upkeep property which is subject to this article shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence thirty-one (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 eleven (11) days following receipt of the notice.
For purposes of this article, failure to maintain, care for or secure vacant or abandoned property shall include the following:
Overgrown or neglected vegetation.
The accumulation of newspapers, circulars, flyers, mail or other paper on the property.
Disconnected gas, electric or water utility services to the property.
The accumulation of hazardous, noxious or unhealthy substances or materials on the property.
The absence of window treatments such as blinds, curtains or shutters.
Windows or entrances to the property that are boarded up, closed off, damaged, broken and/or unrepaired.
Doors that are broken, unhinged or continuously unlocked.
Any violation of any applicable building, housing or similar Code.
Any condition evidencing a risk to the health, safety or welfare of any adjoining property due to acts of vandalism, loitering, criminal conduct.
Any physical destruction or deterioration of the exterior of the structure.