As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a comprised/breached
gate, fence, wall, etc. or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
APPLICABLE CODES
Includes, but not be limited to, Franklin Township's
Zoning Code, Franklin Township's Code of Ordinances ("Township
Code"), and the New Jersey Building Code.
BLIGHTED PROPERTY
A.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
B.
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
C.
Properties cited for a public nuisance pursuant to the Township
Code; or
D.
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lacks
maintenance as required by the Township and Zoning Codes.
BUILDING
A structure having a roof supported by columns or walls with
proper footing/foundation with no more than one open side.
BULKY WASTE
All waste material, including but not necessarily limited
to major appliances, motor vehicle parts, tires, tree stumps, demolition
materials, refuse and debris excepting garbage or recyclable trash
at curbside for trash collection in compliance with the rules and
regulation for trash collection.
FORECLOSURE
The legal process by which a mortgagee terminates a mortgagor's
interest in real property either to obtain legal and equitable title
to the real property pledged as security for a debt or to force a
sale of said property to satisfy a debt. For purposes of this chapter,
this process begins upon the service of a summons and complaint on
the mortgagor or any interested party. For purposes of this chapter,
the process is not concluded until the property is sold to a bona
fide purchaser not related to the mortgagee in an arm's-length
transaction whether by Sheriff's sale, private sale following
a Sheriff's sale, or private sale following the vesting of title
in the mortgagee pursuant to a judgment.
JUNK VEHICLE
Any motorized or unmotorized vehicle, airplane, boat, vehicle
trailer or trailer coach without a currently valid license plate or
plates, insurance, registration and inspection and is either inoperative,
rusted, dismantled, wrecked or in a condition whereby repairs to place
said vehicle in an operative condition would be economically unsound
or other condition that the public officer determines that it warrants
such classification.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to effectuate the purpose
of this chapter where applicable shall include the undeveloped area
of a street right-of-way which is adjacent to the lot.
MORTGAGEE
The creditor, including but not limited to, 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, excluding
governmental entities as assignee or owner.
OBNOXIOUS DEBRIS
Including but not necessarily limited to bulky waste, junk
vehicles, as defined in this chapter, and material and equipment and
other such conditions that the public officer determines that it warrants
such classification.
OBNOXIOUS GROWTH
Including but not necessarily limited to tall, uncultivated
grass and weeds and other such conditions the public officer determines
that it warrants such classification.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of abandoned real property.
PUBLIC OFFICER
The officer(s) who shall enforce the provisions of this chapter
shall be the Township of Franklin Zoning Officer and police officers
or any other person designated by resolution of the Township Committee.
TRAILER COACH
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a dwelling unit.
This term shall also include campers and mobile homes.
UNREGISTERED VEHICLE
Any motorized or unmotorized vehicle, airplane, boat, vehicle
trailer, trailer coach subject to registration laws without a currently
valid license plate or plates, insurance, registration and inspection
that is not in a condition of a junk vehicle.
VACANT/ABANDONED PROPERTY
Any real property located in the Township of Franklin, whether
vacant or occupied, that a complaint and summons has been filed with
respect to foreclosure on a mortgage, has had a lis pendens filed
against it by the lender holding a mortgage on the property, is subject
to an ongoing foreclosure action by the lender, has been transferred
to the lender under a deed in lieu of foreclosure, or meets the definition
of abandoned property in N.J.S.A. 55:19-80, et seq. The designation
of a property as "abandoned" shall remain in place until such time
as the property is sold or transferred to a new owner, the foreclosure
action has been dismissed, and any default on the mortgage has been
cured.
It shall be unlawful for any owner or owners, occupant or occupants
of any developed lot or lots or any lot or lots approved for development
and/or under construction within the Township of Franklin to allow
any brush, tall uncultivated grass, weeds or other obnoxious growths
or impediment to grow thereon or to allow dead or dying trees which
if left in the natural state will prevent free or uninterrupted passage
and said growth or decay is likely to become a public health, safety
or fire hazard or has an adverse effect or impairment of visual or
aesthetic scenes or vistas or is a nuisance, annoyance or interference
with the overall enjoyment or general well being of the public.
It shall be unlawful for any owner or owners, occupant or occupants
of any lot or lots within the Township of Franklin to allow, store
or keep the accumulation of filth, garbage, trash, debris, junk vehicles
or bulky waste which will prevent free or uninterrupted passage or
become a public health, safety, fire hazard thereon or which is an
adverse effect or impairment of visual or aesthetic scenes or vistas
or is a nuisance or annoyance or interference With the overall enjoyment
or general well-being of the public.
[Amended 9-27-2022 by Ord. No. O-22-22]
A. Any owner or owners, occupant or occupants of any premises neglecting
to remove any brush, tall uncultivated grass, weeds, dead or dying
trees or other obnoxious growth, filth, garbage, trash or other obnoxious
debris or junk vehicles, bulky waste, unregistered vehicles, vehicle
trailers or trailer coaches from said lands and premises in the Township
of Franklin within 10 days after being notified to remove the same
by or through the public officer shall, upon conviction before the
Franklin Township Municipal Court, be subject to a fine in the sum
of not more than $250 for each first offense and not more than $1,000
for each subsequent offense. Each day following such ten-day notice
shall constitute a new and separate offense hereunder.
B. Any person who fails to register abandoned real property on an annual basis as set forth in §
295-10 shall be subject to a fine of $300.
C. Whenever a fine is to be imposed in an amount greater than $1,250
for violations of housing or zoning codes, the owner shall be provided
a thirty-day period during which the owner shall be afforded the opportunity
to cure or abate the condition and shall be afforded the opportunity
for a hearing before the court for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 may be imposed if the court has determined
that the abatement has not been substantially completed.
D. The maximum penalty set forth herein shall not apply where a specific
lower maximum penalty is provided for in a specific section of the
Franklin Township Code.
The imposition and collection of the fine imposed by this chapter
shall not bar the right of the Township of Franklin to collect the
cost of removal in the manner as required in this chapter, and the
remedy shall be cumulative.
All abandoned real property is hereby declared to be 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.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property. Upon sale or transfer of
title to the property, the owner shall be responsible for all violations
of the applicable code(s) and the owner shall be responsible for meeting
with the Township's Code Enforcement Division within 45 days
for a final courtesy inspection report.
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 chapter 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 chapter.