[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Derived from Sec. 11-6 of the 1975 Code (Ord. No. 328)]
This chapter shall be known as the "Property
Maintenance Code of the Borough of Franklin" and may be referred to
as the "code" in this chapter.
It is hereby found and declared that there exist
in the Borough structures used for residential and nonresidential
uses which are or may become in the future substandard with respect
to structure, equipment or maintenance or further that such conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior of premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
of upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the Borough.
The purpose of this code is to protect the public
health, safety, morals and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
residential and nonresidential premises; to establish minimum standards
governing utilities, facilities and other physical components and
conditions essential to make the aforesaid facilities fit for occupancy
and use; to fix certain responsibilities and duties upon owners and
operators and distinct and separate responsibilities and duties upon
occupants; to authorize and establish procedures for the inspection
of residential and nonresidential premises; and to fix penalties for
the violations of this code. This code is hereby declared to be remedial
and essential for the public interest, and it is intended that this
code shall be liberally construed to effectuate the purposes as stated
herein.
The following terms, wherever used herein or
referred to in this code, shall have the respective meanings assigned
to them unless a different meaning clearly appears from the context:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
The portion of the building that is partly underground which
has more than 1/2 of its height measured from clear floor to ceiling
above the average adjoining ground level. Where the natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building without regard to the levels created by the ditching,
pits or trenching.
A combination of materials to form a construction adapted
to permanent or continuous occupancy for use for public, institutional,
business, industrial or storage purposes.
The Building Code of the Borough of Franklin.
[1]The lowermost portion of the building, partly or totally
underground, having half or more of its height measured from clear
floor to ceiling below the average adjoining ground level. Where the
natural contour of the ground level immediately adjacent to the building
is interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any premises, or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public, or any member
thereof, from a sidewalk, street, alleyway, parking lot or from any
adjoining or neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The control and elimination of insects, rodents and vermin
by eliminating their harborage place; by removing or making inaccessible
material that may serve as their food; by poisoning, spraying, fumigating
or trapping; or by other approved means of pest elimination.
The Chief of the Fire Department of the Borough.
Any thing or any act which increases or may cause an increase
in the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishment of fire. (See also "nuisance.")
The net floor area within the enclosing walls of the room,
excluding built-in equipment such as cabinets or fixtures which are
not readily removable, and excluding the floor area where the floor
to ceiling height is less than seven feet.
The Chief Administrative Officer of the Board of Health of
the Borough.
The Building Inspector of the Borough and all other officers
or employees of the Borough entrusted with the enforcement of this
code.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any room or part of a room used for cooking or the preparation
of food.
Any public nuisance known at common law or in
equity jurisprudence or as provided by the statutes of the State of
New Jersey or the ordinances of the Borough.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building, or the
premises of a building, or upon an unoccupied lot. This includes,
but is not limited to, abandoned wells, shafts, basements or excavations;
abandoned ice boxes, refrigerators or motor vehicles; any structurally
unsound fences or structures; and lumber, trash, fences, debris or
vegetation, such as poison ivy, oak or sumac, which may prove a hazard
for inquisitive minors.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
Insufficient ventilation or elimination in violation
of this code.
Inadequate or insanitary sewage or plumbing
facilities in violation of this code.
Insanitary conditions or anything offensive
to the senses or dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Any person who has charge, care or control of a premises,
or a part thereof, whether with or without the knowledge and consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises with or without
accompanying actual possession thereof or shall have charge, care
or control of any nonresidential premises as owner or agent of the
owner or as fiduciary, including but not limited to executor, executrix,
administrator, administratrix, trustee, receiver or guardian of the
estate, or as a mortgagee in possession regardless of how such possession
was obtained. Any person who is a lessee subletting or reassigning
any part or all of any premises shall be deemed to be a co-owner with
the lessor and shall have joint responsibility over the portion of
the premises sublet or assigned by the lessee.
All the following supplies, facilities and equipment: gas
pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed lavatories, showers,
appliances, catch basin, vent and any other similar supplied fixtures,
together with all connections to water, sewer or gas lines, and water
pipes and lines utilized in conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the buildings or
structures thereon.
The Building Inspector of the Borough and his designees.
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
Any sanitary sewer owned, operated and maintained by the
Borough and available for a public use for the disposal of sewage.
That portion of a building included between the upper surface
of any floor and upper surface of the floor next above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
If the finished ceiling level directly above a basement or cellar
is more than six feet above grade, such basement or cellar shall be
considered a story.
A combination of any materials, whether fixed or portable,
forming a construction, including buildings.
The supply and removal of air to and from any space by natural
or mechanical means.
The deterioration, decay or damage caused by exposure to
the elements.
A.
Applicable to all residential and nonresidential buildings. Every residential and nonresidential building and the premises on which it is situated in the Borough used or intended to be used for residential, commercial, business or industrial occupancy shall comply with the provisions of this code, whether or not the buildings shall have been constructed, altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or for the installation or repair of equipment or facilities prior to the enactment of this code. This code established minimum standards for the initial and continued occupancy and use of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in Subsection B.
B.
Higher standard to prevail. In any case where the
provisions of this code impose a higher standard than set forth in
any other ordinance of the Borough or under the laws of the State
of New Jersey, then the standards as set forth herein shall prevail,
but if the provisions of this code impose a lower standard than any
other ordinance of the Borough or of the laws of the State of New
Jersey, then the higher standard contained in any other ordinance
or law shall prevail.
C.
Issuance and renewal of other permits and licenses.
After enactment of this code, all licenses and permits shall be issued
upon compliance with the ordinances under which such licenses and
permits are granted.
D.
Enforcement of and compliance with other ordinances.
No license or permit or other certification of compliance with this
code shall constitute a defense against any violation of any other
ordinance of the Borough applicable to any structure or premises,
nor shall any provision herein relieve any owner, operator or occupant
from complying with any other provision, nor any official of the Borough
from enforcing any other provision.
A.
Owner and operator. Owners and operators shall have all the duties and responsibilities described in § 205-7 of this chapter and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B.
Occupants. Occupants shall have all the duties and responsibilities as prescribed in § 205-8 of this chapter and all the regulations promulgated thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
C.
Contract not to alter responsibilities. Unless expressly
provided to the contrary in this chapter, the respective obligations
and responsibilities of the owner and operator on one hand and the
occupant on the other shall not be altered or affected by any agreement
or contract by and between any of the aforesaid or between them and
other parties.
A.
Maintenance of exterior of premises. The exterior
of the premises and all structures thereon shall be kept free of all
nuisances, of any hazards to the safety of occupants, pedestrians
and other persons utilizing the premises and of unsanitary conditions,
and any of the foregoing shall be promptly removed and abated by the
owner or operator. It shall be the duty of the owner or operator to
keep the premises free of hazards which include, but are not limited
to, the following:
(1)
Brush and weeds. Brush, weeds, broken glass, stumps,
roots, obnoxious growth, filth, garbage, trash, refuse and debris.
(2)
Natural growth. Dead and dying trees and limbs or
other natural growth which, by reason of rotting or deteriorating
conditions or storm damage, constitute a hazard to persons in the
vicinity thereof. Trees shall be kept pruned and trimmed to prevent
such conditions.
(3)
Overhanging. Loose and overhanging objects and accumulations
of ice and snow which by reason of location above ground level constitute
a danger of falling on persons in the vicinity thereof.
(4)
Ground surface hazards or insanitary conditions. Holes,
excavations, breaks, projections, obstructions, icy conditions, uncleared
snow and excretion of pets and other animals on paths, walks, driveways,
parking lots and parking areas and other parts of the premises which
are accessible to and used by persons on the premises. All such holes
and excavations shall be filled and repaired, walks and steps replaced
and other conditions removed where necessary to eliminate hazards
or insanitary conditions with reasonable dispatch upon their discovery.
(5)
Recurring accumulations of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate any recurrent
or excessive accumulation of stormwater.
(6)
Infestation. Sources of infestation.
(7)
Foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage and capable of bearing imposed
loads safely.
(8)
Chimneys and all flue and vent attachments. Chimneys
and all flue and vent attachments thereto shall be maintained structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed. Chimneys, flues,
gas vents or other draft-producing equipment shall provide sufficient
draft to develop the rated output of the connected equipment and shall
be structurally safe, durable, smoke tight and capable of withstanding
the action of through gases.
(9)
Exterior porches, landings, balconies, stairs and
fire escapes. Exterior porches, landings, balconies, stairs and fire
escapes shall be provided with banisters or railings properly designed
and maintained to minimize the hazard of falling and shall be kept
structurally sound, in good repair and free from defects.
B.
Appearance of exterior premises and structures. The
exterior of every structure or accessory structure (including fences)
shall be maintained in good repair and all surfaces thereof shall
be kept painted or whitewashed where necessary for purposes of preservation
and appearance. The same shall be maintained free of broken glass,
loose shingles, crumbling stone or brick, excessive peeling paint
or other condition reflective of deterioration or inadequate maintenance,
to the end that the property itself may be preserved, safety and fire
hazards eliminated and adjoining properties in the neighborhood protected
from blighting influences.
C.
Storage of commercial and industrial material. There
shall not be stored or used at a location visible from the sidewalks,
streets or other public areas equipment and materials relating to
commercial or industrial uses unless permitted under the zoning ordinance
for the premises.
D.
Landscaping. Premises shall be kept landscaped, and
lawns, hedges and bushes shall be kept trimmed and from becoming overgrown
and unsightly where exposed to public view and where the same constitute
a blighting factor depreciating adjoining property.
E.
Signs. All signs permitted by reason of other regulations
or as a lawful nonconforming use shall be maintained in good repair,
and printed matter, pictures or illustrations contained thereon shall
be completely maintained or, when no longer in use, completely removed.
All nonoperative or broken electrical signs shall be repaired or shall,
with their supporting members, be removed forthwith.
F.
Windows. All windows exposed to public view shall
be kept clean and free of marks or foreign substances except when
necessary in the course of changing displays. No storage of materials,
stock or inventory shall be permitted in window display areas or other
areas ordinarily exposed to public view unless the areas are first
screened from the public view by drapes, venetian blinds or other
permanent rendering of the windows opaque to the public view. All
screening of interior shall be maintained in clean and attractive
manner and in a good state of repair.
G.
Storefronts. All storefronts shall be kept in good
repair, painted where required, and shall not constitute a safety
hazard or nuisance. In the event repairs to a storefront become necessary,
such repairs shall be made with the same or similar materials used
in the construction of the storefront in such a manner as to permanently
repair the damaged area or areas. Any cornice visible above a storefront
shall be kept painted where required and in good repair.
H.
Signs or advertising, removal. Except for "for rent"
signs, any temporary sign or other paper advertising material glued
or otherwise attached to a window or windows or otherwise exposed
to public view shall be removed:
(1)
At the expiration of the event or sale for which it
is erected.
(2)
Within 60 days after erection, whichever occurs sooner.
Except during the course of repairs or alterations, no more than 33
1/3% of the square footage of any single window or single window display
area shall be devoted to signs or other temporary advertising material
attached to the window or windows or otherwise exposed to public view.
I.
Awnings and marquees. Any awning or marquee and its
accompanying structural members which extend over any street, sidewalk
or other portion of the premises shall be maintained in good repair
and shall not constitute a nuisance or safety hazard. In the event
that such awnings or marquees are not properly maintained in accordance
with the foregoing they shall, together with their supporting members,
be removed forthwith. In the event the awnings and marquees are made
of cloth, plastic or a similar material the cloth or plastic, where
exposed to public view, shall be maintained in good condition and
shall not show evidence of excessive weathering, discoloration, ripping,
tearing or holes. Nothing herein shall be construed to authorize any
encroachment on streets, sidewalks or other parts of the public domain.
J.
Structural soundness and general maintenance, exterior.
The exterior of every structure or accessory structure (including
fences, signs and storefronts) shall be maintained in good repair
and all surfaces thereof shall be kept painted or whitewashed where
necessary for purposes of preservation and appearance. All surfaces
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other condition reflective
of deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood protected from blighting influences.
K.
Reconstruction of walls and sidings. All reconstruction
of walls and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front, such that the materials
used are not of a kind that, by their appearance under prevailing
appraisal practices and standards, will depreciate the value of neighboring
and adjoining premises.
L.
Basements and cellars. Basements and cellars shall
be free of moisture resulting from seepage, and cross-ventilation
shall be required where necessary to prevent accumulations of moisture
and dampness.
M.
Freedom from infestation. All parts of the premises
shall be maintained so as to prevent infestation.
N.
General sanitation and safety. All parts of the premises
shall be kept in a clean and sanitary condition, free of nuisances
and free from health, safety and fire hazards.
O.
Freedom from accumulations and obstructions. No accumulation
or obstruction from garbage, refuse or rubbish shall be permitted
on common stairways, areaways, balconies, porches, hallways, basements
or cellars, except that garbage stored in proper containers may be
set out for removal, provided that such containers shall have tight-fitting
covers in place at all times.
P.
Floors, interior walls and ceilings. Floors, interior
walls and ceilings of every structure shall be structurally sound
and maintained in a clean and sanitary condition.
Q.
Floors generally. Floors shall be considered to be
structurally sound when capable of safely bearing imposed loads and
shall be maintained at all times in a condition so as to be smooth,
clean and free from cracks, breaks and other hazards.
R.
Washroom and water closet compartments. Washroom and
water closet compartment floors shall be surfaced with water-resistant
material and shall be kept in a dry, clean and sanitary condition
at all times.
S.
Cellar and basement floors. Floors of basements and
cellars shall be paved with stone or concrete not less than four inches
thick and shall be maintained at all times in a condition so as to
be smooth, clean and free from cracks, breaks and other hazards.
T.
Supporting structural members. Supporting structural
members are to be kept structurally sound, free of deterioration and
capable of bearing imposed loads safely.
U.
Walls and ceilings. Walls and ceilings shall be considered
to be in good repair when cleaned and free from cracks, breaks, loose
plaster and similar conditions. Walls shall be provided with paint,
paper, ceiling material or other protective covering so that the walls
and ceilings are kept clean, free of visible foreign matter, sanitary
and well maintained at all times.
V.
Garbage removal. The owner or operator shall have
the duty and responsibility of removing all garbage from the premises.
W.
Accumulating refuse and non-fireproof storage prohibited.
Storage bins, rooms and areas shall not be used for accumulated garbage
or refuse. Inflammable or combustible liquids or other materials may
not be stored on the premises unless they are of a type approved for
storage by the regulations of the Fire Department, and then only in
such quantities and in such fireproof storage containers as may be
prescribed by the regulations.
X.
Connection to sanitary sewer. All plumbing fixtures
shall be connected to the sanitary sewer or septic system through
lines which are free of leaks, corrosion or deterioration and provide
an unobstructed passage from the plumbing facilities within the building
to the sanitary sewer or septic system.
Y.
Electrical service. All premises utilized for business,
industrial, commercial or institutional work and activities shall
be supplied with electrical power through safely insulated conduits
conforming to all applicable codes. Every washroom and water closet
compartment shall be provided with permanently installed artificial
lighting fixtures with a switch and wall plate so located and maintained
that there is no danger of short circuiting from water, from other
washroom facilities or from splashing of water.
Z.
Maintenance of electrical and lighting facilities.
Except as hereinafter stated, all wiring or cables shall be properly
affixed or attached to the structure. Installation shall be provided
for all wiring and cables and kept in good repair. No loose extension
wires in excess of six feet in length shall be permitted, and no ceiling
or wall fixture shall be used for supplying power to equipment other
than that for which they are designed.
AA.
Fuse requirements. Maximum fuse sizes consistent with
safety shall be posted conspicuously on the inside cover of all fuse
boxes, and no fuse shall be installed therein in excess of the stated
maximum, except that owners shall not be responsible for violations
in fuse installations without their knowledge where the correct maximum
is stated and the fuse box is located within any part of the premises
which is in the exclusive possession of occupants other than the owner.
[Added 4-28-2015 by Ord.
No. 5-2015]
A.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to Chapter 205, Property Maintenance, N.J.S.A. 2A:50-73, or otherwise.
B.
If the creditor is located out-of-state, the creditor shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor.
C.
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 municipal clerk pursuant to N.J.S.A.
46:10B-51(a)(1).
D.
An out-of-state creditor found by the municipal court, or by any other court of competent jurisdiction, to be in violation of § 205-7.1B shall be subject to a fine of $2,500 for each day of the violation, commencing on the day after the ten-day period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice to the municipal clerk that a summons and complaint in an action to foreclose has been served.
E.
A public officer appointed pursuant to N.J.S.A. 40:48-2.3 et seq., or any enforcement officer described in § 205-9, shall be authorized to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or enforcement officer determines that the creditor has violated this chapter by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. 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 proof that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
F.
A creditor found by the municipal court, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to § 205-7.1E shall be subject to a fine of $1,500 for each day of the violation commencing 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.
A.
General and specific provisions. Upon discovery by
an occupant of any condition of the premises which constitutes a violation
hereof, the occupant shall report the same to the public officer responsible
for enforcement hereunder.
B.
Cleanliness and sanitation. All parts of the premises
under the control of the occupant shall be kept in a clean and sanitary
condition, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or insanitary
or which would obstruct the owner or operator from performing any
duty required hereunder or maintaining the premises in a clean and
sanitary condition. Every occupant shall be responsible for the elimination
of infestation in and on the premises subject to his control.
A.
Building Inspector to be public officer. The Building
Inspector is designated to serve as the public officer hereunder,
and all inspections, regulations, enforcement and hearings on violations
of the provisions of this code, unless expressly stated to the contrary,
shall be under his direction and supervision. He may appoint or designate
such other public officials or employees of the Borough to perform
such duties as may be necessary to the enforcement of this code, including
the making of inspections and holding hearings.
B.
Inspections. All buildings and premises subject to
this code are subject to inspection from time to time by the enforcing
officer. At the time of inspections all rooms and parts of the premises
shall be available and accessible for the inspections, and the owner
and operator are required to provide the necessary arrangements to
facilitate such inspections. Inspections shall be made during regular
open hours of the business occupying the premises unless there is
reason to believe a violation exists of a character which is an immediate
threat to health or safety requiring inspection and abatement without
delay.
A.
Identification. Inspectors shall be supplied with
official identification and, upon request, shall exhibit such identification
when entering any part of any premises subject to this code. Inspectors
shall conduct themselves so as to avoid intentional embarrassment
or inconvenience to occupants.
B.
Entry. Where the public officer or his agent is refused
entry or access or is otherwise impeded or prevented by the owner,
occupant or operator from conducting an inspection of the premises,
such person shall be in violation of this code and subject to the
penalties hereunder.
A.
Notice. Except as provided elsewhere in this code,
where a violation of this code or the regulations hereunder is found
to exist, a written notice from the public officer shall be served
on the person or persons responsible for the correction thereof.
B.
Contents of notice. The notice shall specify the violation or violations committed; what must be done to correct the same; a reasonable period of time not to exceed 60 days to correct or abate the violation except as otherwise provided by § 205-7.1E; the right of the person served to request a hearing; and that the notice shall become an order of the public officer in 10 days after service unless a hearing is requested pursuant to Subsection D below.
[Amended 4-28-2015 by Ord. No. 5-2015]
C.
Service of notice. Notice may be served personally or by prepaid
telegram or by mail with postage prepaid addressed to the last known
address of the person to be served. Where it is ascertained that the
owner does not reside on the premises, the last known address shall
be the address of the owner as shown in the office of the Tax Collector.
If the last known address cannot be ascertained, the notice may be
posted on the outside front entrance of the building. The public officer
shall file and provide notice to any owner, operator, creditor or
occupant of any violation at any address other than the last known
address if such other address is or has been filed with the public
officer personally or by certified mail addressed to the public officer.
Service upon an owner, operator, creditor or occupant may also be
attained by service of any notice upon a member of the family of the
owner, operator or occupant of the age of 14 years or over then residing
therein. Time of service of the notice shall be determined, where
service is by mail, as of the day following the day of mailing for
notices to addresses within the Borough and as of the fourth day after
the day of mailing for notices to addresses outside the Borough. Where
the day of service would fall upon a Sunday or other day when mail
is not ordinarily delivered, then the day of service shall be the
next regular delivery day.
[Amended 4-28-2015 by Ord. No. 5-2015]
D.
Notice to become an order unless hearing requested.
After 10 days of the date of service of the notice, the notice shall
constitute a final order unless any person affected by the notice
requests a hearing thereon and serves a written request within the
ten-day period in person or by certified mail on the public officer.
The request for a hearing shall set forth briefly the grounds or reasons
on which the request for a hearing is based and the factual matters
contained in the notice of violation which are to be disputed at the
hearing. The public officer, upon receipt of the request, shall, within
30 days therefrom, and upon five days' notice to the party aggrieved,
set the matter down for hearing.
E.
Determination of hearing. At any hearing provided
for hereunder the public officer shall be vested with all the powers
provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoenas, to require by subpoena
the production of books, records or other documents at any such hearing
which may be pertinent to matters to be determined by him and to enforce
any such subpoena as provided by law. Determination shall be made
within 10 days from the completion of the hearing. The public officer
shall issue an order either incorporating the determination and directions
contained in the notice, modifying the same or withdrawing the notice.
F.
Extensions of time. The public officer may extend
the time for correction or abatement of the violations for an additional
period of time, not to exceed 30 days, except where major capital
improvements or renovation is involved, in which instance the time
for completion may be extended for such a period as the public officer
may deem reasonably adequate.
G.
Summary abatement and emergency; notice and hearing
not required. Where the violations or conditions existing on the premises
are of such a nature as to constitute an immediate threat to life
and limb unless abated without delay, the public officer may either
abate the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a period
of time not to exceed three days, and upon failure to do so the public
officer shall abate the conditions immediately thereafter.
H.
Cost of abatement to be a lien against premises.
(1)
Where abatement of any nuisance, as defined herein,
correction of a defect in the premises or maintenance of the premises
in a proper condition so as to conform to municipal ordinances or
state law applicable thereto requires expending Borough moneys therefor,
the public officer shall present a report of work to be proposed to
accomplish the foregoing to the Mayor and Council with an estimate
of the cost thereof, along with a summary of the proceedings undertaken
by the public officer to secure compliance, including notices served
upon the owners, operators, lessors or agents, as the case may be,
and hearings and orders of the public officer with references thereto.
(2)
The Mayor and 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 ordinances of the Borough and the laws of the state.
The public officer may thereafter proceed to have the work performed
in accordance with the resolution at the Borough's expense, not to
exceed the amount specified in the resolution, and shall, upon completion
thereof, submit a report of the moneys expended and cost to the Council.
After review of the same the Council may approve the expenses and
costs, whereupon the same shall become a lien against the premises
collectible as provided by law.
(3)
A copy of the resolution approving the expenses and
costs shall be certified by the Council and filed with the Tax Collector,
who shall be responsible for the collection thereof, and a copy of
both the report and resolution shall be sent by certified mail to
the owner.
J.
Effect of notice on owner. For the purpose of enforcement
of this code, the service of a notice on an owner, whether or not
the owner is also the operator, shall constitute notice of violations
set forth therein until the violations are abated in conformity with
this code and the other applicable ordinances of the Borough.
K.
Appeals. Any person aggrieved by any notice or order which has been issued in connection with the enforcement of any provisions of this code, or of any rule or regulation adopted pursuant hereto, by the public officer may request and shall be granted a hearing on the matter before the Mayor and Council, provided such person shall file in the office of the Clerk a written petition requesting such hearing, setting forth a brief statement of the grounds therefor, within 10 days after the day the notice or order was served or within 10 days from the date on which the action complained of occurred and paying a fee as set forth in Chapter 119, Fees, to help defray the cost of appeal.
L.
Notice of hearing. Upon receipt of the petition and
the fee, the Clerk shall forward the petition to the Mayor and Council,
who shall set a time and place for such hearing and shall give the
petitioner written notice thereof.
(1)
At the hearing the petitioner shall be given an opportunity
to be heard and shall show why such notice, order or other action
complained of should be modified or reversed. The hearing shall be
set down for not later than 14 days after the day upon which the petition
is filed, provided that upon application of the petitioner or upon
the Mayor and Council's own motion the hearing date may be postponed
beyond the fourteen-day period.
(2)
Testimony. At the time set for the hearing the petitioner
may present such evidence or testimony in his behalf as he may deem
necessary and desirable. The proceedings at such hearing, including
the findings and decision, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Clerk.
The records shall include a copy of every notice or order issued in
connection with the matter.
(3)
Decision. Upon completion of the hearing the Mayor
and Council shall, within 10 days, make their findings of fact and
conclusions of law and may affirm, modify or reverse the order appealed
from. Copies of the resolution shall be filed with the Building Inspector
and Borough Clerk and mailed to the appellant.
A.
Adoption of rules and regulations by public officer.
The public officer is authorized and empowered to promulgate such
written rules and regulations as may be necessary for the proper interpretation
and administration of the provisions of this code, provided that such
rules and regulations do not conflict with this code and conform to
the general standards prescribed by this code. The public officer
shall file copies of such rules and regulations with the Clerk, Health
Officer, Engineer and Fire Chief and shall make available in the public
officer's office a copy for inspection by members of the public during
regular business hours. Provided that such rules and regulations are
published once in the official newspaper of the Borough, they shall
have the same force and effect as the provisions of this code, and
the violations thereof shall be enforced as violations of the express
provisions of this code as herein provided.
B.
Issuance of inspection and status reports.
(1)
Application for inspection. Whenever any owner, operator,
occupant, prospective purchaser, mortgagee or prospective occupant
shall apply to the public officer for an inspection in order to ascertain
if any provision of this code has been violated, the public officer
shall, upon receipt of a fee, cause an inspection to be made of the
premises and issue an informational certificate or report of the inspection
to the applicant, indicating therein any violations of this code on
the premises. The applicant for inspection shall state in writing
his full name, residence and the reason and basis for which the inspection
is requested. The public officer may deny the application for failure
to comply with this requirement.
(2)
Application for status report. Where in lieu of an
inspection an owner, operator, lessee, occupant, prospective purchaser,
mortgagee or prospective occupant requests a status report as to whether
or not there are any known violations presently on the premises, upon
payment of a fee, a copy of any notice or order of any violation then
pending shall be sent to the applicant.
(3)
No inspection report or status report issued pursuant
to the provisions of this chapter shall be construed as providing
a defense against any violation of this code or any other ordinance
of the Borough which may be discovered thereafter, whether or not
the condition or violation existed at the time of any such inspection
or status report. The inspection or status report is provided as a
convenience to the public and shall not constitute a limitation on
the full enforcement of this code. The inspection or status report
shall include only such matters as are embraced in this code.
[Amended 4-28-2015 by Ord. No. 5-2015]
B.
In the event of the imposition of a fine or penalty by the Municipal
Court or any other court of competent jurisdiction against the owner,
operator, creditor or lessor of any building or structure in the Borough,
the fine or penalty shall be collectible as a lien against the premises
and, in addition thereto, shall be collectible pursuant to any other
remedies now provided by law.
[Adopted 2-9-2016 by Ord.
No. 1-2016]
The Borough of Franklin hereby grants to itself all such powers
granted to municipalities by the State of New Jersey for holding certain
landlords responsible for their tenants, including the posting of
adequate security against the consequences of disorderly behavior
of their tenants. Such enabling statutory powers are set forth at
N.J.S.A. 40:48-2.12n et seq., as may be amended.
As used in this article, the following terms shall have the
meanings indicated:
A licensed attorney of the State of New Jersey appointed
by the Borough Council. The hearing officer shall not own or lease
any real property within the Borough of Franklin, nor hold any interest
in the assets of or profits arising from the ownership or lease of
such property.
As defined under the law, N.J.S.A. 40:48-2.12o, as may be
amended.
A.
If, in any twenty-four-month period, two complaints, on separate
occasions, of conduct upon or in proximity to any rental premises,
and attributable to the acts or incitements of any of the tenants
of those premises, have been substantiated by prosecution and conviction
in any court of competent jurisdiction as a violation of any provision
of Title 2C of the New Jersey Statutes or any municipal ordinance
governing disorderly conduct, the Franklin Borough Administrator or
any designee of the Borough Administrator for the purpose, may institute
proceedings to require the landlord of those premises to post a bond
against the consequences of future incidents of the same character.
B.
In the event that a tenant is convicted of any of the conduct described in Subsection A of this section, the Borough Administrator or designee shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the Borough.
C.
The Borough Administrator or designee shall cause to be served upon
the landlord, in person or by registered mail to the address appearing
on the tax records of the Borough, notice advising of the institution
of such proceedings, together with particulars of the substantiated
complaints upon which those proceedings are based, and of the time
and place at which a hearing will be held in the matter, which shall
be in the municipal building, municipal court or other public place
within the Borough, and which shall be no sooner than 30 days from
the date upon which the notice is served or mailed.
D.
At the hearing convened pursuant to Subsection C of this section, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this article.
E.
Bond requirements.
(1)
Any bond required to be posted shall be in accordance with the judgment
of the hearing officer, in light of the nature and extent of the offenses
indicated in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
(a)
Damages likely to be caused to public or private property and
damages consequent upon disruption of affected residents' rights
of fair use and quiet possession of their premises;
(b)
Securing the payment of fines and penalties likely to be levied
for such offenses; and
(c)
Compensating the Borough for the costs of repressing and prosecuting
such incidents of disorderly behavior.
(2)
No such bond shall be in an amount less than $500 or more than $5,000.
The Borough may enforce the bond thus required by action in the Superior
Court, and shall be entitled to an injunction prohibiting the landlord
from making or renewing any lease of the affected premises for residential
purposes until that bond or equivalent security, in satisfactory form
and amount, has been deposited with the Borough.
F.
A bond or other security deposited in compliance with Subsection E of this section shall remain in force for three years. Upon the lapse of the three-year period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 205-17 below, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer. The Borough Council may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
A.
If, during the period for which a landlord is required to give security pursuant to § 205-16 above, a substantiated complaint is recorded against the property in question, the Borough Administrator or designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in § 205-16F above, of the period for which the security is required, or for increase in the amount of security required, or for any or all of those purposes.
B.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 205-16F above. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to effectually carry out the purposes of this article effectually. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided above.
