[HISTORY: Adopted by the Township Committee
of the Township of Pittsgrove as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-9-1995 by Ord. No. 8-1995]
The presence upon lands lying within the corporate
limits of the Township of Pittsgrove of abandoned refrigerators, washing
machines, old furniture, abandoned and cast-out junk of various sorts,
brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris is hereby decreed to be a nuisance
and to be detrimental to the public health, safety and general welfare
and likely to present a fire hazard.
[Added 8-27-2002 by Ord. No. 4-2002]
All new driveways constructed in the Township of Pittsgrove shall be governed in accordance with § 84-12 of the Township Code of the Township of Pittsgrove. Said driveways will be maintained in accordance with this article. Driveways which were constructed prior to the adoption of § 84-12 shall be maintained in an adequate condition to permit access by emergency vehicles, including fire and rescue vehicles. The driveway width shall conform to the design standards specified in § 60-42 of the Code of the Township of Pittsgrove, if subject to site plan review. For uses and structures which are not subject to site plan review, driveways shall have a minimum width of 10 feet and a maximum width of 20 feet, and shall be cleared to a height of no less than 15 feet. The driveways will be maintained in such a fashion as to remove all brush, tree branches, landscaping and debris to allow for clear access of emergency vehicles, including fire and rescue vehicles.
[Amended 8-27-2002 by Ord. No. 4-2002]
A.
The owner or tenant of lands lying within the corporate
limits of the Township of Pittsgrove is hereby required to remove
or cause to be removed any abandoned refrigerators, washing machines,
old furniture, abandoned and cast out junk of various sorts, brush,
weeds, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash and debris within 10 days after receipt by such owner
or tenant of a written notice from the Zoning Officer of the Township
of Pittsgrove.
B.
The owner or tenant of lands lying within the corporate limits of the Township of Pittsgrove is hereby required to maintain a clear accessway in accordance with § 73-1.1 within 10 days after receipt by such owner or tenant of a written notice from the Zoning Officer of the Township of Pittsgrove.
A.
Notice to the owner or tenant to cause the removal
of the substances referred to in the preceding sections or to provide
for clear driveway access in accordance with the preceding section
shall be given by the Zoning Officer and may be served upon any such
owner or tenant either personally or by registered mail, return receipt
requested. If service is made by registered mail, the ten-day period
within which such removal shall be accomplished shall be deemed to
have commenced on the date of receipt as reflected on the return receipt
of the registered mail obtained by the Postal Authority for the delivery
of such registered notice. In all cases where notice hereunder is
given to a tenant, notice shall also be given to the owner as herein
provided.
[Amended 8-27-2002 by Ord. No. 4-2002]
B.
Every such notice shall, in addition to requiring
the removal aforesaid, warn the owner or tenant of the lands to which
such notice refers that failure to accomplish such removal within
the time stated therein will result in removal under the direction
of the Zoning Officer of the Township of Pittsgrove, and the cost
of such removal shall be charged to the owner or tenant of such lands
and shall be payable to the Township within 30 days after date of
submission of the charges. Unless such charges are paid within the
thirty-day period, the costs as assessed shall become a lien upon
the lands and shall be collected as provided by law.
A.
Whenever the owner or tenant of lands within the Township
of Pittsgrove receiving notice provided for by the preceding section
to remove from such lands any of the substances hereinafter mentioned
shall fail or neglect, within the prescribed time, to effect the removal
of such substances or to effect the clearing of the driveway, such
removal or clearing of the driveway shall be accomplished under the
direction of the Zoning Officer of the Township of Pittsgrove.
[Amended 8-27-2002 by Ord. No. 4-2002]
C.
Retention and approval of the independent contractor
shall be accomplished in accordance with the provisions of N.J.S.A.
40A:11-1 et seq.
D.
Where the removal is accomplished by Township employees,
an accurate record of the cost of such removal shall be determined
by the Zoning Officer, who shall certify the cost thereof to the governing
body, which cost shall include time, labor, materials and equipment.
Any bills submitted by an independent contractor pursuant to the provisions
of N.J.S.A. 40A:11-1 et seq. shall likewise be submitted to the governing
body, and the Zoning Officer shall certify that the work specified
in the statement submitted by the independent contractor was, in fact,
performed.
E.
Following certification of the cost, the cost shall
be charged against the lands, and the amount charged shall become
a lien upon the lands and shall be added to and become and form a
part of the taxes next to be assessed and levied upon such lands,
the same to bear interest at the same rate as taxes and shall be collected
and enforced by the same officers and in the same manner as taxes.
A.
Any person, firm or corporation violating any provisions
of this article shall be subject, upon conviction, to one or more
of the following: imprisonment in the county jail for any term not
exceeding 90 days; or by a fine of no less than $100 and not more
than $2,000; or by a period of community service not exceeding 90
days.
[Amended 9-13-2005 by Ord. No. 9-2005; 3-14-2006 by Ord. No.
4-2006]
B.
Any such penalties shall be imposed in addition to
the cost of removing the substances hereinbefore referred to upon
the lands described in the notice given.
C.
For purposes of this article, each day on which such
a condition exists after the expiration of the notice period shall
be deemed or constitute a separate offense under this article, and
separate complaints may be filed for each such offense.
[Adopted 5-25-2016 by Ord. No. 7-2016; amended in its entirety 6-28-2023 by Ord. No. 2023-7]
It is the purpose and intent of the Committee to establish a
process to address the potential deterioration and decline in value
of Township neighborhoods caused by vacant and abandoned properties
and property with defaulted 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 owner-occupied
structures are generally better maintained when compared to vacant
structures, even with a diligent off-site property owner. Vacant structures
or structures owned by individuals who are economically strained and
unable to meet their mortgage obligations are often not properly or
diligently maintained, which contributes to blight and declined property
values, and has a negative impact on social perception of the residential
areas where they are located. It is the Committee'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 default or defaulted, and to
provide a mechanism to avert foreclosure actions through timely intervention,
education, or counseling of property owners.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Pursuant to N.J.S.A. 55:19-81 is defined as follows:
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 abandoned property upon a determination
by the appropriate public officer that:
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and no rehabilitation has taken place
during that six-month period;
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 six months as of
the date of a determination by the public officer pursuant to this
section;[1]
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Chapter 4 of Title
54 of the Revised Statutes[2] as of the date of the determination by the public officer
pursuant to this section; or
The property has been determined to be a nuisance by the public
officer in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
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 or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A(1) or (4) of this definition.
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.
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt, referred to in the mortgage.
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(s).
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.
Every person or entity who, alone or severally with others,
has legal or equitable title to any real property as defined by this
article; 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 article.
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 encumbered by a mortgage in default, as evidenced
by a complaint filing or foreclosure filing, 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; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
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
article.
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.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation,
including, but not limited to, any property meeting the definition
of abandoned property in N.J.S.A. 55:19-80; provided, however, that
any property where all building systems are in working order, where
the building and grounds are maintained in good order, or where the
building is in habitable condition, and where the building is being
actively marketed by its owner for sale or rental, shall not be deemed
a vacant property for purposes of this article.
This article applies to defaulted and vacant property within
the Township.
The Township, or its designee, shall establish a registry cataloging
each registrable property within the Township, containing the information
required by this article.
A.
Inspection upon default; registration with property registration
program.
(1)
Any mortgagee who holds a mortgage on real property located within
the Township shall perform an inspection of the property upon it being
in default, as evidenced by a foreclosure filing.
(2)
Any mortgagee filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the municipality pursuant to Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51), register the residential or commercial property with the municipality's property registration program as a property in foreclosure and, as part of that registration: a) provide the municipality with the information regarding the creditor required by Subsection D below; b) identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and c) identify whether the property is vacant and abandoned in accordance with the definition in this article.
B.
Property inspected pursuant to Subsection A 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. C. Within 10 days of the date any mortgagee declares its mortgage to be in foreclosure, 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 default or defaulted. A separate registration is required for each registrable property.
C.
Within
10 days of the date any mortgagee declares its mortgage to be in foreclosure,
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 default or defaulted. A separate registration is required for each
registrable property.
D.
Information required.
(1)
Initial registration pursuant to this section shall include the name,
street address, telephone number, and email address (if applicable)
of a person 21 years of age or older, designated by the mortgagee
as the authorized agent for receiving notices of code violations and
for receiving process in any court proceeding or administrative enforcement
proceeding on behalf of such owner or owners in connection with the
enforcement of any applicable code; and the name, street address,
telephone number and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the property. The individual or representative of
the firm responsible for maintaining the property shall be available
by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week
basis. The two entities may be the same or different persons. Both
entities shown on the statement must maintain offices in the State
of New Jersey or reside within the State of New Jersey. If there is
any change in the name, address, or telephone number for a representative,
agent, or individual authorized to accept service on behalf of a creditor
required to register pursuant to the property registration program
following the filing of the summons and complaint, the creditor shall
update the property registration program within 10 days of the change
in that information.
(2)
In the event the mortgagee is located out of state and has served
a summons and complaint in an action to foreclose on a property, the
notice shall also contain the full name, address, and telephone number
of an in-state representative or agent who shall be responsible for
the care, maintenance, security, and upkeep of the exterior of the
property if it becomes vacant and abandoned. If the municipality has
designated or appointed a public officer, the Municipal Clerk shall
forward a copy of the notice to the public officer or shall otherwise
provide it to any other local official responsible for administration
of any property maintenance or public nuisance code. The notice shall
also include the street address, lot, and block number of the property.
The mortgagee filing a summons and complaint in an action to foreclose
shall, if the registered Property becomes vacant and abandoned, in
accordance with the definition in this article, after the property
is initially registered with the municipality, update the property
registration with the municipality to reflect the change in the property's
status.
E.
Fees and fines.
(1)
At the time of initial registration, each registrant shall pay a
nonrefundable annual registration fee of $500 for each registrable
property. Subsequent annual registrations of defaulted properties
and fees in the amount of $500 are due within 10 days of the expiration
of the previous registration. Said fees shall be used to offset the
costs of registration and registration enforcement, code enforcement,
and mitigation related to defaulted properties, post-closing counseling,
and foreclosure intervention limited to owner-occupied persons in
default, which may not include cash and mortgage modification assistance,
and for any related purposes as may be adopted in the policy set forth
in this article. Said fees shall be deposited to a special account
in the Township's department dedicated to the cost of implementation
and enforcement of this article and fulfilling the purpose and intent
of this article. None of the funds provided for in this section shall
be utilized for the legal defense of foreclosure actions.
(2)
Creditors shall be required to pay an additional $2,000 per property
annually if the property is vacant or abandoned pursuant to the definition
in this article when the summons and complaint in an action to foreclose
is filed or becomes vacant and abandoned pursuant to the definition
in this article at any time thereafter while the property is in foreclosure.
(3)
An out-of-state creditor subject to this article found by the Municipal
Court of the municipality in which the property subject to this article
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 this article 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 for providing notice to the Municipal
Clerk that a summons and complaint in an action to foreclose on a
mortgage has been served.
F.
If the foreclosure mortgage and/or servicing on a property is sold
or transferred, the new mortgagee is subject to all the terms of this
article. 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.
G.
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 article. 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.
H.
If the foreclosure 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.
I.
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.
J.
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.
K.
Failure of the mortgagee of record to properly register or to modify
the registration to reflect a change of circumstances as required
by this article is a violation of this article and shall be subject
to enforcement by any of the enforcement means available to the Township.
L.
If any property is in violation of this article, the Township may
take the necessary action to ensure compliance with this article 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.
M.
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.
A.
Any owner of vacant property located within the Township shall, within
10 days after the property becomes vacant, or within 10 days after
assuming ownership of the property, whichever is later, register the
real property with the Township registry.
B.
Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, the
email address and telephone number of the owner, and, if applicable,
the name and telephone number of the property manager and said person's
address, email address, and telephone number.
C.
At the time of initial registration, each registrant shall pay a
nonrefundable annual registration fee of $500 for each vacant property.
The fee for the first subsequent annual registration of vacant property
is $1,500. The fee for the second subsequent annual registration of
vacant property is $3,000. The fee for any subsequent annual registration
after the second renewal of vacant property is $5,000. All annual
registration fees are due within 10 days of the expiration of the
previous registration.
(1)
Said fees shall be used to offset the costs of registration and registration
enforcement, code enforcement and mitigation related to vacant properties,
and for any related purposes as may be adopted in the policy set forth
in this article. Said fees shall be deposited to a special account
in the Township's department dedicated to the cost of implementation
and enforcement of this article and fulfilling the purpose and intent
of this article.
D.
If the property is sold or transferred, the new owner is subject
to all the terms of this article. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
E.
If the vacant property is not registered, or either the registration
fee or the annual registration fee is not paid within 30 days of when
the registration or annual registration 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. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant property.
F.
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 is vacant.
G.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this article is
a violation of this article and shall be subject to enforcement by
any of the enforcement means available to the Township.
H.
If any property is in violation of this article, the Township may
take the necessary action to ensure compliance with this article and
place a lien on the property for the cost of the outstanding obligation
and any additional cost incurred to bring the property into compliance.
I.
Properties registered as a result of this section are not required
to be registered again pursuant to the defaulted mortgage property
section.
A.
Properties subject to this article shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper circulars, flyers, 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.
B.
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.
C.
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.
D.
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.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas of 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).
G.
Failure of the mortgagee, owner, and transferees to properly maintain
the property as required by this article 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 Municipal
Court, the Township may take the necessary action to ensure compliance
with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Township.
A.
Properties subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
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.
C.
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 article, and any other applicable laws.
D.
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Township.
E.
When a property subject to this article 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__________.
|
F.
The posting required in Subsection E 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.
G.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure a property subject to this article, 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.
The provisions of this article are cumulative with and in addition
to other available remedies. Nothing contained in this article 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.
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.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this article is posing a serious threat
to the public health, safety, and welfare, the enforcement officer
may temporarily secure the property at the expense of the mortgagee
or owner and may bring the violations before the Township Municipal
Court 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.
B.
The Township Municipal Court 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.
C.
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
Township Municipal Court may direct the Township to abate the violations
and charge the mortgagee or owner with the cost of the abatement.
D.
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, 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.
E.
The municipality may contract with and set the compensation of a
private entity, pursuant to the Local Public Contracts Law, P.L. 1971,
c. 198 (N.J.S.A. 40A:11-1 et seq.), to assist the municipality in
the implementation and administration of the property registration
program. The municipality may delegate to such private entity any
duties under the property registration program, including, without
limitation, identifying properties located within the municipality
that are subject to the registration requirements of the property
registration program, maintaining and updating the property registrations
for the municipality, communicating with the creditors or the in-state
representative or agent appointed by creditors located out of state
of such properties, invoicing and collecting payment from the creditors
for such properties of any fees authorized by this article, and monitoring
compliance with the requirements of this article. The municipality
may conduct property registration services on behalf of the municipality
pursuant to a shared services agreement subject to the Uniform Shared
Services and Consolidation Act, P.L. 2007, c. 63 (N.J.S.A. 40A:65-1
et seq.). Property registration fees imposed pursuant to this article
adopted shall be considered a municipal charge pursuant to the Tax
Sale Law, N.J.S.A. 54:5-1 et seq., regardless of whether the fees
are being collected by a third-party entity or by the municipality
directly.
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 article shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
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 article.
A.
Unless otherwise provided for in this article, a violation of this article is declared unlawful and subject to the penalty provisions of § 1-14C of the Township Code.
B.
A mortgagee subject to this article found by the Municipal Court
of the municipality in which the property subject to this article
is located, or by any other court of competent jurisdiction, to be
in violation, shall be subject to a fine of $1,500 for each day of
the violation. Any fines imposed pursuant to this subsection 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.
Registration fees and penalties outlined in this article may
be modified by an amendment to this article, passed and adopted by
the Committee.
