[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn as indicated in article histories. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 60.
Unfit buildings — See Ch. 63.
Commercial maintenance standards — See Ch. 68.
Uniform construction codes — See Ch. 72.
Fences — See Ch. 83.
Fire prevention — See Ch. 84.
Abandoned vehicles and machinery — See Ch. 88.
Garbage, rubbish and refuse — See Ch. 93.
Housing standards — See Ch. 98.
Rental properties — See Ch. 116.
Swimming pools — See Ch. 127.
[Adopted 4-17-2000 by Ord. No. 4-00; amended in its entirety 5-18-2009 by Ord. No. 7-09]
A certain document, three copies of which are on file in the office of the Borough of Brooklawn, County of Camden, being marked and designated as the "International Property Maintenance Code of 2009," as published by International Code Council, Inc., shall be and is hereby adopted as the Property Maintenance Code of the Borough of Brooklawn, County of Camden, in the State of New Jersey, for the control of buildings and structures as herein provided, and each and all of the regulations of the International Property Maintenance Code of 2009 are hereby referred to, adopted and made a part thereof as if fully set out in this article.
Section PM-111.0 of said code, however, is specifically excluded and not adopted by this article.
It is hereby determined that an exterior housing code inspection and an exterior property area inspection, as defined in the International Property Maintenance Code of 2009, shall be required on the sale and/or resale of residential properties within the boundaries of the Borough of Brooklawn. Further, any repairs deemed necessary by the Administrative Office of Code Enforcement shall be completed within 30 days of notification.
A fee of $30 shall be paid to the Administrative Office of Code Enforcement upon the receipt of a request for a housing code exterior inspection. Such fees shall be paid only once and will include all costs for inspections; to include reinspection of any violations and the correction thereof.
No person shall rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the International Property Maintenance Code of 2009, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
The Administrative Office of Code Enforcement is hereby authorized and empowered to make and adopt such written rules and regulations as it may deem necessary for the proper enforcement of the provisions of this article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article nor in any way alter, amend or supersede any of the provisions thereof. The Administrative Office of Code Enforcement shall file a certified copy of all rules and regulations which it may adopt in said office and in the Office of the Clerk of the Borough of Brooklawn.
Nothing in this article or in the International Property Maintenance Code of 2009 hereby adopted shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in § 1-15 of the Code of the Borough of Brooklawn, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.
[Adopted 11-18-2013 by Ord. No. 12-13]
As used in this article, the following terms shall have the meanings indicated:
- Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Sec 17 as amended by P.L. 2009, c.296), or any other entity determined by the Borough of Brooklawn to have authority to act with respect to the property.
- VACANT PROPERTY
- 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.
Effective January 1, 2014, the owner of any vacant property as defined herein shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of the vacant property, whichever is later; or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Property Maintenance Inspector on forms provided by the Borough of Brooklawn for such purposes. Failure to receive notice by the municipality shall not constitute grounds for failure to register the property.
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
The registration statement shall include the name, street address, telephone number and e-mail address (if applicable) of a person 21 years or older, designated by the owner or owners 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 e-mail 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.
The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in § 114-12 of this article, for each vacant property registered.
The annual renewal shall be completed by January 1 each year. The initial registration fee shall be prorated for registration statements received less than 10 months prior to that date.
The owner shall notify the Borough Clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Borough Clerk for such purpose.
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the owner or owners of the building.
The owner of any vacant property registered under this article shall provide access to the Borough to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours of 8:00 a.m. to 4:00 p.m., or such other time as may be mutually agreed upon between the owner and the Borough.
An owner who meets the requirements of this article with respect to the location of his or her residence or workplace in the State of New Jersey may designate him or herself as agent or as the individual responsible for maintaining the property.
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Borough in writing of a change of authorized agent or until the owner files a new annual registration statement.
Any owner who fails to register vacant property under the provisions of this article shall further be deemed to consent to receive by posting on the building, in plain view, and by service of notice at the last known address of the owner of the property on record within the Borough of Brooklawn by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
[Amended 9-19-2016 by Ord. No. 17-16]
The initial registration fee for each building shall be $500.
The fee for the first renewal is $1,500.
The fee for a second renewal is $3,000.
The fee for any subsequent renewal beyond the second renewal is $5,000.
In all cases where such fees are not tendered, in whole or in part, to the Borough Treasurer pursuant to this section, the Borough Treasurer shall certify the amount of the deficiency to the Council of the Borough of Brooklawn, which shall examine the certificate, and if found correct, shall cause the deficiency as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon such land and shall be added to and become 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 Borough of Brooklawn Tax Collector.
The owner of any building that has become vacant property, and any person maintaining or operating or collecting rent for any such building that has become vacant, shall, within 30 days thereof:
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Borough Code, or as set forth in the rules and regulations supplementing those codes; and
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to § 114-11 of this article), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches; and
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, rights-of-way, alleys, retaining walls, attached or unattached accessory structures and driveways, are well maintained and free from trash, debris, loose litter and grass and weed growth; and
Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied or is demolished or until repaid and/or rehabilitation of the building is complete.
[Added 10-20-2014 by Ord. No. 12-14]
A creditor, as defined in P.L. 2014, c.5, who files a 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 subject to the foreclosure, and if located out-of-state, shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.
The Code Enforcement Officer, or any other local official designated by the Borough Council for administration of any property maintenance or public nuisance code, may issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or other authorized municipal official determines that the creditor has violated any provision of this chapter by failing to provide for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property subject to the foreclosure.
Such notice shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety.
A creditor subject to this section who is found to be in violation of this section by the Brooklawn Municipal Court, or by any other court of competent jurisdiction, of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to the ordinance 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.
Any creditor whose principal place of business is located outside of the State of New Jersey who has served a summons and complaint in an action to foreclose on a residential property shall provide to the Borough Clerk the full name and contact information of its in-state representative or agent, within the ten-day period as required by N.J.S.A. 46:10B-51, which contains the full name and contact information 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/or abandoned.
Any out-of-state creditor subject to the provisions of this section who is found by the Brooklawn Municipal Court, or by any other court of competent jurisdiction, in violation of the requirement of this section to appoint an in-state representative or agent pursuant to this chapter 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 as required by N.J.S.A 46:10B-51 et seq. for providing notice to the Borough Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
The issuance of a notice pursuant to this section shall constitute proof that the property is "vacant and abandoned" for the purposes of P.L. 2012, c.70 (N.J.S.A. 2A:50-73).
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in Chapter 1, § 1-15, of the Code of the Borough of Brooklawn, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made, but in no event shall the fine be less than $250. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.
For purposes of this section, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein shall be deemed to be violations of this article.