[HISTORY: Adopted by the Township Council
of the Township of Cedar Grove 6-16-1986 as part of Ord. No. 86-266.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 100.
Garbage, rubbish and refuse — See Ch. 146.
Public health nuisances — See Ch. 179.
Property maintenance — See Ch. 197.
Wells, cisterns and holes — See Ch. 265.
STATUTORY AUTHORITY
General powers of municipalities governed by
optional form of government — See N.J.S.A. 40:69A-29.
This chapter shall regulate the maintenance
of one- and two-family residential properties, fix penalties for violations
and be commonly known as the "Residential Property Maintenance Code."
A.
Every dwelling, and every part thereof, including
but not limited to the exterior walls, siding, roofs, windows, exterior
doors, porches, shutters, gutters and downspouts, awnings, external
stairs and chimneys, and all accessory structures, including fences,
walkways, driveways, storage sheds and any accessory structure built
upon or above the ground, and every part thereof, shall be kept structurally
sound and in a state of good repair.
B.
All exposed surfaces of the aforesaid buildings and
structures which are susceptible to decay shall be kept at all times
painted as otherwise provided with a finished protective coating sufficient
to prevent deterioration. Damaged materials must be repaired or replaced.
Places showing signs of rot, leakage, deterioration or corrosion,
weathering or seepage are to be restored and protected.
C.
The aforesaid shall also be maintained so that the
appearance of the premises and structures shall not constitute a blight
factor for adjoining property owners nor an element leading to the
progressive deterioration of the neighborhood.
A.
Landscaping. Shrubbery, lawns, hedges and other landscaping
shall be maintained and kept from becoming overgrown and unsightly
or in any form of neglect or disrepair.
B.
Refuse. The grounds and exterior of the premises and
all structures thereon shall be kept free of all nuisances, unsanitary
conditions and any hazards to the safety of occupants, pedestrians
and other persons utilizing the premises. Brush, weeds, broken glass,
obnoxious growths, garbage, trash, rubbish, abandoned appliances,
household furnishings, vehicles or parts thereof, including boats
and trailers, which vehicles or parts thereof are or have been junked,
abandoned, dismantled or are in a state of visible disrepair, or vehicles
exposed to public view which do not have a valid registration and
license plate and have no inspection sticker or an inspection sticker
for which more than 60 days have elapsed, and debris of any description
or nature shall be promptly removed from any premise. lot, field or
parcel of land. Holes, excavations, breaks, projections and obstructions
shall be promptly removed or repaired.
This chapter shall be enforced by the Code Enforcement
Officer of the Township of Cedar Grove or the Township Building Inspector.
[Amended 11-21-1988 by Ord. No. 88-329]
Prior to the start of proceedings before a court of proper jurisdiction, a Township official charged with the enforcement of this chapter shall cause a written notice containing the nature of the violation to be served upon the owner and/or occupant of the property. Service of the notice shall be made in person or by certified mail, return receipt requested. In the event that service cannot be effectuated by certified mail, service may be made by first class mail with postage prepaid, mailed to the last known address of the person to be served. Service shall be deemed effective upon mailing, and the date of such mailing or personal service shall be the beginning date for computation of the time limits hereinafter established. Upon service of any notice of violation of § 198-2 of this chapter relating to maintenance of structures, the owner and/or occupant must correct the defective condition within 30 days, or such further time as the Township official enforcing the chapter shall agree, in writing. Upon service of any notice of violation of § 198-3 of this chapter relating to maintenance of grounds, the owner and/or occupant must correct the defective condition within 10 days, or such further time as the Township official enforcing the chapter shall agree, in writing.
[Amended 10-23-2006 by Ord. No. 06-656]
Any person who violates any provision of this
chapter shall, upon conviction thereof. be punished by a fine not
exceeding $2,000 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
[Added 12-5-2016 by Ord.
No. 16-801]
A.
Purpose. The Township Council has determined that vacant and abandoned
property within the Township of Cedar Grove pose a hazard to the health,
safety, and welfare of the public, and therefore enacts this section
to regulate the care, maintenance, security, and upkeep of the exterior
of vacant and abandoned residential properties on which a summons
and complaint in an action to foreclose has been filed.
B.
Responsibility for maintenance. 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 vacant and abandoned
residential properties, and if located out of state, shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor.
C.
Enforcement; notice of violation; penalty.
(1)
This section shall be administered and enforced by the Code Enforcement
Official.
(2)
Upon determination by the Code Enforcement Official that a creditor
has violated this section by failing to provide for the care, maintenance,
security, and upkeep of the exterior of the property, he or she shall
issue a notice of violation to the creditor. Such 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 a notice pursuant to this subsection shall constitute proof that
a property is "vacant and abandoned" for the purposes of P.L. 2012,
c. 70 (N.J.S.A. 2A:50-73).
(3)
A creditor found by the Township of Cedar Grove 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 this section 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, 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.
D.
Out-of-state creditors; penalty.
(1)
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
advising the Township Clerk that a summons and complaint in an action
to foreclose on a mortgage has been served, as required by Paragraph
(1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
(2)
An out-of-state creditor found by the Township of Cedar Grove Municipal
Court, or by any other court of competent jurisdiction, to be in violation
of the requirement to appoint an in-state representative or agent
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 set forth in Paragraph (1) of Subsection a of Section 17 of
P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
[Added 10-3-2022 by Ord. No. 22-898]
A.
Required initial inspection. The owner, landlord and/or agent of
every single-family, two-family, and/or multiple-dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards within two years of the effective date of
the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
B.
Required recurring inspection. After the initial inspection required by § 198-8A, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
C.
Standards. Inspections for lead-based paint in rental dwelling units
shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1
et seq., and N.J.S.A. 55:13A-1 et seq.
D.
Exceptions. A dwelling unit in a single-family, two-family, or multiple-rental
dwelling shall not be subject to inspection and evaluation for the
presence of lead-based paint hazards, or for the fees for such inspection
or evaluation, if the unit:
(1)
Has been certified to be free of lead-based paint;
(2)
Was constructed during or after 1978;
(3)
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple-dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations form the most recent cyclical inspection performed
on the multiple-dwelling under the Hotel and Multiple Dwelling Law,
N.J.S.A. 55:13A-1 et seq.;
(4)
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months' duration each year by tenants that
do not have consecutive lease renewals; or
(5)
Has a valid lead-safe certification issued in accordance with N.J.S.A.
52:27D-437.16(d)(2).
E.
Fees. Notwithstanding any other fees due pursuant to this chapter,
the following fees shall be paid:
(1)
Inspection fee. A dwelling owner or landlord shall owe a fee in the
amount of $200 which shall be paid for each lead-based paint inspection
conducted by the Township. Said fee shall be dedicated to meeting
the costs of implementing and enforcing this subsection and shall
not be used for any other purpose.
(2)
Administrative fee. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 198-8A, in which case a $50 administrative fee shall be paid. Said fee shall be dedicated to the costs of monitoring compliance with this subsection.
