[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:
ACCESSORY STRUCTURE
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.
BASEMENT
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.
BUILDING
A combination of materials to form a construction adapted
to permanent or continuous occupancy for use for public, institutional,
business, industrial or storage purposes.
CELLAR
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.
DETERIORATION
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.
EXPOSED TO PUBLIC VIEW
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.
EXTERIOR OF THE 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.
EXTERMINATION
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.
FIRE CHIEF
The Chief of the Fire Department of the Borough.
FIRE HAZARD
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.")
FLOOR AREA, SUPERFICIAL
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.
HEALTH OFFICER
The Chief Administrative Officer of the Board of Health of
the Borough.
HOUSING INSPECTOR
The Building Inspector of the Borough and all other officers
or employees of the Borough entrusted with the enforcement of this
code.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
KITCHEN
Any room or part of a room used for cooking or the preparation
of food.
NUISANCE
A.
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.
B.
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.
C.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
D.
Insufficient ventilation or elimination in violation
of this code.
E.
Inadequate or insanitary sewage or plumbing
facilities in violation of this code.
F.
Insanitary conditions or anything offensive
to the senses or dangerous to health in violation of this code.
G.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
OPERATOR
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.
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.
PLUMBING
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.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
PUBLIC OFFICER
The Building Inspector of the Borough and his designees.
REFUSE
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.
RUBBISH
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.
SANITARY SEWER
Any sanitary sewer owned, operated and maintained by the
Borough and available for a public use for the disposal of sewage.
STORY
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.
STRUCTURE
A combination of any materials, whether fixed or portable,
forming a construction, including buildings.
VENTILATION
The supply and removal of air to and from any space by natural
or mechanical means.
WEATHERING
The deterioration, decay or damage caused by exposure to
the elements.
[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.
[Amended 4-28-2015 by Ord. No. 5-2015]
A. Except as set forth in §
205-7.1D and
F, a violation of any section or subsection of this chapter shall be punishable by the penalties set forth in Chapter
1, General Provisions. Each day that the violation shall continue shall be considered a separate violation.
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:
HEARING OFFICER
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.
LANDLORD
As defined under the law, N.J.S.A. 40:48-2.12o, as may be
amended.