[Adopted 7-7-1954 by Ord. No. 101]
It shall be unlawful for any owner or owners,
occupant or occupants of any lands lying within the Township of Carneys
Point to allow, permit or maintain any brush, weeds, dead or dying
trees, stumps, roots, obnoxious growths, poisonous and noxious plants
detrimental to health, filth, garbage, trash and debris or any accumulation
of dead weeds, grass or brush upon said occupied or unoccupied lot
or land or on or along the sidewalk, street or alley adjacent to the
same.
[Amended 5-20-1985 by Ord. No. 393; 8-12-1991 by Ord. No.
514; 2-6-2019 by Ord. No. 940]
A. Any owner
or owners, occupant or occupants of any premises who shall neglect
to remove any brush, weeds, dead or dying trees, stumps, roots, obnoxious
growths, poisonous and noxious plants detrimental to health, filth,
garbage, trash and debris or any accumulation of dead weeds, grass
or brush from said lands and premises in the Township of Carneys Point
within 10 days after being notified to remove the same by or through
the Township official in charge with enforcing this article, shall,
upon conviction in the Carneys Point Municipal Court, be subject to
a fine not exceeding the sum of $500 for each offense.
[Amended 9-16-2020 by Ord. No. 966]
B. Whenever a Township official charged with enforcement of this article determines that an owner or occupant has habitually and repeatedly violated this article, the Township official shall not be required to provide the property owner, operator or occupant of the subject property with a ten-day period to remove, abate, cure, prevent or desist as provided in Subsection
A. A property owner, operator or occupant of a subject property shall be deemed to have habitually and repeatedly violated this article when the Township official charged with enforcement of this article has, within a twelve-month period, issued to the property owner, operator or occupant two or more notices of a violation in accordance with Subsection
A.
[Amended 9-16-2020 by Ord. No. 966]
C. In the event
of a violation of this chapter, notice of said violation shall be
served upon the property owner and/or operator and occupant of the
subject property as determined from the records of the Township Tax
Assessor and other reliable sources of information either personally
or by mail. In the event of service by mail, it shall be made by registered
or certified and by regular mail. Service by regular mail shall be
considered valid. If all of the mailings are returned undeliverable,
service shall be accomplished by posting the notice at the subject
property, service can also be a notice posted upon the door. Service
may also be made by personal service of the notice upon the owner
and/or operator or occupant or upon a member of the family of the
owner over 14 years of age residing in the same dwelling as the owner.
D. Any property
owner and/or operator or occupant of any premises neglecting to remove
any brush, weeds, dead or dying trees, stumps, roots, obnoxious growths,
poisonous and noxious plants detrimental to health, filth, garbage,
trash and debris including furniture/household goods or any accumulation
of dead weeds, grass or brush from said lands and premises in the
Township within 10 days after being notified to remove the same by
or through the Township official charged with enforcement of this
article shall, upon conviction before the Judge of the Municipal Court,
be subject to a fine not less than $100 nor exceeding $2,000 or imprisonment
for not more than 90 days, or both.
E. Any owner or owners, occupant or occupants of any premises neglecting to remove any brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, poisonous and noxious plants detrimental to health, filth, garbage, trash and debris or any accumulation of dead weeds, grass or brush from said lands and premises in the Township on a habitual or repeated basis as set forth in §
56-2B shall, upon conviction before the Judge of the Municipal Court, be subject to a fine not less than $100 nor exceeding $2,000 or imprisonment for not more than 90 days, or both, for each instance in which the Township was caused to remove the same pursuant to §
56-3.
F. For purposes
of sentencing, each violation of this article shall be treated as
a separate offense.
[Amended 7-6-2022 by Ord. No. 1006]
Upon the failure of any owner or owners, occupant
or occupants of any premises to remove any brush, weeds, dead or dying
trees, stumps, roots, obnoxious growths, poisonous or noxious plants,
filth, garbage, trash and debris within 10 days after notice to remove
the same, said action shall immediately thereafter be reported by
the Health Reporting Officer or Chief of Police or Fire Chief to the
Department Chairperson, who shall cause the same to be removed, and
the cost thereof shall be certified to the governing body, which shall
examine the certificate and, if found correct, shall cause the cost
as shown thereon to be charged against said lands. The amount so charged
shall forthwith become a lien upon such lands and shall be added to
and become and form 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 officer or officers
and in the same manner as taxes.
The imposition and collection of the fine imposed
by this chapter shall not bar the right of the Township of Carneys
Point to collect the cost of removal in the manner as required in
this chapter, and the remedy shall be cumulative.
[Added 9-18-2013 by Ord. No. 880]
Owner as referenced and set forth in §§
56-1 through
56-4 inclusive shall include the holder of any legal or equitable title to the premises, with or without possession; the person or entity who has charge, care or control of the premises as owner or occupant or agent of the owner or occupant or a fiduciary, including the executor or administrator of the record owner's estate, testamentary heirs of the record owner, intestate heirs of the record owner, fiduciaries, trustees, receivers, legal guardians of record owner or occupant, any foreclosing entity or any other person or entity entitled to act with respect to said premises.
[Adopted 9-18-2013 by Ord. No. 880]
As used in this article, the following terms shall have the
meanings indicated:
OWNER
The holder of any legal or equitable title to the premises,
with or without possession; the person or entity who has charge, care
or control of the premises as owner or occupant or agent of the owner
or occupant or a fiduciary, including the executor or administrator
of the record owner's estate, testamentary heirs of the record owner,
intestate heirs of the record owner, fiduciaries, trustees, receivers,
legal guardians of record owner or occupant, any foreclosing entity
or any other person or entity entitled to act with respect to said
premises.
VACANT PROPERTY
Any building used or to be used for residential, commercial
or industrial purpose which is not legally occupied or in which substantially
all lawful construction operations or residential occupancy has ceased
and which is in such a condition that it cannot be legally reoccupied
without repair or rehabilitation, including but not limited to any
property meeting the definition of "abandoned property" pursuant to
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 such property is being actively marketed by its
owner for sale or rental shall not be deemed a vacant property for
purposes of this ordinance.
[Amended 3-16-2016 by Ord. No. 914]
A.
The owner of any vacant property as defined herein shall, within
30 days after the building becomes vacant or within 10 days after
receiving notice from the Township or assuming ownership or serving
a summons and complaint in an action to foreclose on a mortgage, in
the case of a foreclosing entity register a notice with the Housing
Officer of the municipality of the name, street address, block and
lot number of the premises, telephone number and e-mail address (if
applicable) of the owner and contact person, designated by the owner
or owners as the authorized agent for receiving notices of code violations
and for receiving notice of process in this state of any legal proceeding
on behalf of such owner in connection with the enforcement of code
or ordinances and the name, address and telephone number of the individual
responsible, if different for maintaining the property.
(1) The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 21
years of age 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.
(2) The Housing Officer may prescribe a registration form for filing,
and the information contained in the filing shall be deemed prima
facie proof of the statements contained in any enforcement proceeding
instituted by the Township against the owner, or owners of the buildings.
The owner shall notify the Housing Officer of any changes in the information
provided in the registration statement within 10 days of the change.
B.
The registration shall remain valid for one year from the date
of registration, except that the initial registration shall expire
on December 31 of the year of the initial registration and be renewed
annually on January 1 of each subsequent year as long as the property
remains vacant.
C.
Any owner of vacant property who submits plans to the Municipal
Officer that completely rehabilitate or restore the property to productive
use and occupancy within the twelve-month period following the date
of the initial property registration shall be exempt from payment
of the registration fee if the Municipal Officer deems the rehabilitation
or restoration project may be complete in that twelve-month period,
but shall comply with all other provisions of this section. In the
event that the property has not been restored to productive use and
occupancy at the end of the twelve-month period, the owner shall be
liable for any fee waived. The Municipal Officer may extend the waiver
of the registration fee for not more than one additional year in response
to a written request by the owner where the Municipal Officer finds
that compelling conditions outside the owner's control made it impossible
for the owner to restore the property within the initial twelve-month
period.
D.
Where the owner is an entity experienced in rehabilitation or
redevelopment of vacant properties, and where the property subject
to this section is being held for a project or rehabilitation or redevelopment
consistent with municipal plans and ordinances, and where by virtue
of financing, marketing or other conditions that project may require
more than one year for realization, the Municipal Officer may extend
the waiver of the registration fee on an annual basis, without limitation,
upon written request by the owner, as long as the Municipal Officer
finds that the owner is making reasonable progress toward completion
of the project. The owner shall provide the Municipal Officer with
such documentation, which may include plans, financing applications,
applications for land use approval or other evidence of progress.
E. Fees.
(1) The registration and renewal fee for each building or structure shall
be as follows:
[Amended 2-6-2019 by Ord. No. 939]
Registration or Renewal
|
Fee
|
---|
Initial registration
|
$500 or prorated amount per Subsection E(3) of this section
|
First renewal
|
$1,500
|
Second renewal
|
$2,500
|
Any subsequent renewal
|
$3,000
|
(2) No less than 20% of all fee income resulting from the application
of this section shall be deposited in a trust fund that shall be used
for the sole purpose of carrying out municipal activities with respect
to vacant and distressed properties, including but not limited to
code enforcement, abatement of nuisance conditions, stabilization,
rehabilitation, and other activities designed to minimize blight and/or
promote further productive reuse of properties.
(3) The Municipal Officer may establish for purposes of efficient administration
that all registrations shall be renewed by a single date in each year,
which date shall be established by the Municipal Officer, in which
case the initial registration fee shall be prorated for registration
statements received less than 10 months prior to that date.
F. Insurance.
(1) The owner of any vacant property shall acquire or otherwise maintain
liability insurance, in an amount of not less than $300,000 for buildings
designed primarily for one- to four-unit residential use and not less
than $1,000,000 for any other building, including, but not limited
to, buildings designed for multifamily, manufacturing, storage or
commercial uses, covering any damage to any person or any property
caused by any physical condition of or in the building.
(2) Any insurance policy acquired or renewed after the building has become
vacant shall provide for written notice to the Municipal Officer within
30 days of any lapse, cancellation or change in coverage. The owner
shall attach evidence of the insurance to the owner's registration
statement. Any registration statement submitted that does not include
such evidence shall not be deemed to be a valid registration.
G. Information procedure. The Township of Carneys Point shall establish
a procedure by which citizens can provide the Municipal Officer with
information on unkempt or unregistered properties that may be subject
to this section.
The owner of any building that has become vacant property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, within 30 days thereof:
A. Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the ordinances of the Township of
Carneys Point and statutes governing trespassers; and
B. 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
in compliance with the applicable codes and Township ordinances.
The owner of any vacant property registered under this article
shall provide access to the Township to conduct exterior and interior
inspections of the building to determine compliance with this article
and municipal codes during the Housing Officer's business hours.
Any person who violates any provision of this article shall
be fined not less than $100 and not more than $1,000 for each offense.
Every day that a violation continues shall constitute a separate and
distinct offense. For purposes of this section, failure to file a
registration notice within the prescribed time period or submission
of false or misleading information on the notice shall be deemed to
be violations of this article. Nothing herein shall limit the Township's
right to establish a lien to offset the cost undertaken by the Township
to secure or maintain the same.