Ordinances - 2016

BOROUGH OF MILFORD ORDINANCE NO. 847-2016

AN ORDINANCE TO PROVIDE FOR AND DETERMINE THE RATE OF COMPENSATION OF EACH OFFICER AND EMPLOYEE OF THE BOROUGH OF MILFORD AND THE METHOD OF PAYMENT OF SUCH COMPENSATION BE IT ORDAINED by the MILFORD BOROUGH COMMON COUNCIL of the Borough of Milford, in the County of Hunterdon, State of New Jersey, as follows: MAYOR……………………....................................................................... $ 2,800.00 Per Year COUNCIL ............................................................................................... $ N/A COUNCIL ............................................................................................... $ 2,200.00 Per Year COUNCIL................................................................................................ $ 2,200.00 Per Year COUNCIL................................................................................................ $ 2,200.00 Per Year COUNCIL................................................................................................ $ 2,200.00 Per Year COUNCIL................................................................................................ $ 2,200.00 Per Year TAX COLLECTOR/TAX SEARCH OFFICER........................................... $ 12,468.00 Per Year Long Term Care Payment (Tax Collector)............................................. $ 2,200.00 Per Year CHIEF FINANCIAL OFFICER/TREASURER .......................................... $ 15,000.00 Per Year CERT MUNICIPAL CLERK/REG/DOG AGT/ASSESS OFFICER ............ $ 45,809.00 Per Year COAH LIAISON/PAIC REPRESENTATIVE ............................................. $ 1,030.00 Per Year SUPR. CERTIFYING PENSION/ADMIN. FIRE OFFICIAL RIMS ............ $ 4,499.00 Per Year ZONING OFFICER ................................................................................. $ 4,159.00 Per Year CERTIFIED PUBLIC WORKS MANAGER ............................................. $ 20,341.00 Per Year BOROUGH MAINTENANCE I-Public Works ........................................... $ 43,866.00 Per Year BOROUGH MAINTENANCE II-Public Works .......................................... $ 37,117.00 Per Year SUPERINTENDENT WATER DEPARTMENT ........................................ $ 51,782.00 Per Year SUPERINTENDENT SEWER UTILITY ................................................... $ 52,374.00 Per Year TAX ASSESSOR..................................................................................... $ 11,330.00 Per Year FIRE OFFICIAL ...................................................................................... $ 5,398.00 Per Year PLANNING BOARD CLERK ................................................................... $ 25.00 Per Hour EMERGENCY MANAGEMENT OFFICIAL.............................................. $ 1,475.00 Per Year MAGISTRATE .......................................................................................... $ 2,000.00 Per Year COURT CLERK/ADMINISTRATOR ......................................................... $ 12,000.00 Per Year PROSECUTOR .................................................................................................................$ 1,620.00 Per Year PUBLIC DEFENDER ...........................................................................................$ 1,000.00 Per Year RECYCLING COORDINATOR …...................................................................$ 580.00 Per Year HEAD LIBRARIAN OF MILFORD PUBLIC LIBRARY............................. $ 26,304.00 Per Year TREASURER OF MILFORD PUBLIC LIBRARY......................................... $ 1,764.00 Per Year CUSTODIAN OF MILFORD PUBLIC LIBRARY......................................... $ 1,431.00 Per Year WATER/SEWER COLLECTOR............................................................... $ 989.00 Per Year DEPUTY CLERK/REGISTRAR/TAX COLLECTOR ................................ $ 18.40 Per Hour GENERAL LABORER............................................................................. $ 17.49 Per Hour CLERICAL/PART TIME........................................................................... $ 18.40 Per Hour SEWER UTILITY/PART TIME/GRADE II................................................. $ 20.53 Per Hour SCHOOL CROSSING GUARD ............................................................... $ 16.69 Per Hour ASSISTANT LIBRARIAN OF MILFORD PUBLIC LIBRARY................... $ 12.46 Per Hour SUBSTITUTE LIBRARIAN OF MILFORD PUBLIC LIBRARY...... ......... $ 12.46 Per Hour 1. The Mayor and Council Commissioners shall be paid quarterly: in the months of March, June, September and December. 2. The following salaries and wages shall be paid bi-weekly (every other Friday): Borough Clerk, Tax Collector, Borough Maintenance, Supt. Public Utilities, Chief Financial Officer/Treasurer, Head Librarian. 3. All remaining salaries and wages shall be paid monthly. Verification of overtime and/or other compensation must be submitted by the end of the month in which it was earned. 4. The duties and terms of employment of the Borough’s officers and employees, except as otherwise provided by Statute, shall be as set forth in an Ordinance of the Governing Body. The hours of employment and other pertinent information pertaining to the offices and positions shall

be set forth in a Resolution of the Governing Body. 5. Those employees who are employed on a full-time basis, as defined by N.J.S.A. 52:14- 17.26 , shall also be eligible for the New Jersey State Health Benefits Program, and the Borough of Milford, pursuant to Milford Borough Resolution RE2011-108 has established that employees are deemed to be employed on a full-time basis if said employee works a minimum of twenty- five (25) hours per week. 6. The Treasurer shall present monthly to the Governing Body for approval, warrants drawn to the order of the Borough of Milford Payroll Account as follows: a. In advance for all employees whose salaries are on an annual or weekly basis when such salaries are due and payable prior to the next Regular Meeting of the Governing Body. b. At the first meeting of the Governing Body in January each year there shall be approved an account to be designated “The Borough of Milford Payroll Account” and from time to time the Treasurer, upon receipt of a warrant for the amount due to such payroll account, shall deposit the same to the credit of the Payroll Account, charging the appropriate budgetary accounts therewith. c. The Treasurer shall thereafter draw checks on said payroll account to the employees entitled to payment therefrom. d. At each regular meeting of the Governing Body, the Treasurer shall submit for the approval or ratification as the case may be, the necessary payrolls for the amount due the officers and employees for compensation. The payroll shall be considered by the Governing Body in due course and approved if found to be correct. e. In case of error adjustment in the payroll, the Treasurer shall, and it shall be his/her duty to see that such error adjustment is properly corrected and an appropriate record made thereof. f. Such officers as may be designated by the Governing Body are hereby authorized to sign warrants drawn in favor of the payroll upon due notice that the appropriate payrolls have been approved by the proper committee and by the proper certifying authorities, which certifying authorities and committee shall be those designated in the Resolution mentioned in Section 5 thereof. 7. All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. ___________________ RONALD REHL MAYOR ATTEST: _______________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction: January 4, 2016 Public Hearing: February 1, 2016 Adoption: February 1, 2016 Publication: February 11, 2016 FIRST READING - ROLL CALL VOTE Council Member Motion Adopt Second Ayes Nays Abstain Absent Noralie LaFevre x x Henry Schepens x George Sniffin x x Robert White x x Elisa Yager x

SECOND READING & FINAL ADOPTION - ROLL CALL VOTE

Council Member

Intro.

Adopt. Second Ayes Nays Abstain

Absent

Carole Heller

x

Noralie LaFevre Henry Schepens George Sniffin

x

x x x x x

x

Robert White Elisa Yager

x

BOROUGH OF MILFORD ORDINANCE NUMBER 848-2016 ORDINANCE AMENDMENT TO THE ZONING ORDINANCE OF THE BOROUGH OF MILFORD REGARDING THE CORRECTION TO A STREET NAME Now Be It Hereby Resolved by the Common Council of the Borough of Milford that the 190-17 building setbacks street name needs to be amended as follows: Name of Street Corrected to Park Road Park Lane from this point forward Park Road will be known as Park Lane. All ordinances or parts of ordinances which are inconsistent with the terms of this ordinance be and the same are hereby repealed to the extent of their inconsistency. This ordinance shall take effect immediately upon final adoption, approval and publication in accordance with laws of the State of New Jersey.

_______________________________ RONALD REHL, MAYOR

ATTEST: __________________________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction: February 1, 2016 Public Hearing: March 7, 2016 Adoption: March 7, 2016 Publication : March 17, 2016

FIRST READING - ROLL CALL VOTE

Council Member

Motion

Adopt

Second Ayes Nays

Abstain

Absent

Noralie LaFevre Henry Schepens George Sniffin

x

x x x x x x

x

Robert White Elisa Yager Carole Heller

x

SECOND READING & FINAL ADOPTION - ROLL CALL VOTE

Council Member

Intro.

Adopt. Second Ayes Nays Abstain

Absent

Noralie LaFevre Henry Schepens George Sniffin

x

x x

x

Robert White Elisa Yager Carole Heller

x

x x x

x

BOROUGH OF MILFORD ORDINANCE NUMBER 849-2016

An Ordinance Amending Chapter 5 “Contracts” of the Code of the Borough of Milford, County of Hunterdon, State of New Jersey, to Add Article II, Entitled “Vouchers, Payment of”. WHEREAS , the Borough of Milford utilizes a voucher system for the payment of claims related to both goods purchased by, and services rendered for, the Borough; and WHEREAS , the Borough would like to establish a process by which all such vouchers are submitted to the Borough so as to ensure that vouchers are timely submitted to the Borough’s Chief Financial Officer for reasons including but not limited to the prompt replenishment of escrow accounts; and WHEREAS , the Governing Body finds that it is in the best interests of the Borough of Milford, and its taxpayers, to ensure that the Borough does not have to absorb costs that would have been paid through an applicant’s escrow account had a service provider submitted, in a timely manner, a voucher for any services provided. NOW, THEREFORE BE IT ORDAINED by the Mayor and the Milford Borough Common Council that Chapter 5, entitled “Contracts” of the Code of the Borough of Milford is hereby supplemented with the addition of Article II, entitled, “Vouchers, Payment of”, and same shall include the following provisions: ARTICLE II Legislative Purpose & Definitions §5-11 LEGISLATIVE PURPOSE The Milford Borough Common Council finds that it is in the best interests of the Borough to amend the Borough Code, as hereinafter provided, to ensure that the Borough is not financially responsible for the payment of fees for services, rendered by the Borough’s professionals, when the professional has failed to timely submit a detailed voucher(s), as required, for payment of those professional services either from third-party escrow accounts maintained by the Borough or by the Borough directly. §5-12 PROCEDURE & TIME FOR SUBMISSION OF VOUCHERS A. All requests for payment for either services performed or goods acquired shall be set forth in detail and attached to a Borough voucher. B. All vouchers are to be signed and dated, and are to be submitted to the Borough’s Clerk or Chief Financial Officer, within thirty (30) days of the month within which the services were performed / provided by the service provider. By way of example, for any work done in December of 2015, a Borough voucher detailing all of the work performed by the provider in December of 2015 must be submitted by not later than the last day of January of 2016. C. Any monies owed for services performed and / or goods acquired in which a voucher was not timely submitted pursuant to §5-12B shall not be paid unless the individual or entity submitting the untimely voucher presents written justification for said failure to timely submit a voucher. Upon receipt of said written justification, the voucher may be approved and authorized for payment by resolution of the governing body. D. Each professional and service provider to the Borough who renders services to the Borough by way of annual contract shall, within said contract, acknowledge that he / she has read §5- 12, and understands and agrees to the same. §5-13 Severability. Should any paragraph, section, part of any section, or any clause or phrase of this ordinance for any reason be held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this ordinance, and shall remain in full force and effect, and to that end the provisions of this Ordinance are hereby declared to be severable. §5-14 REPEALER . All ordinances or parts of ordinances in conflict herewith, are and the same are hereby repealed. §5-15 EFFECTIVE DATE. This Ordinance shall become effective upon passage and publication as required by law.

______________________________ RONALD REHL, MAYOR

ATTEST:

__________________________________ KAREN DYSART, RMC MUNICIPAL CLERK

FIRST READING - ROLL CALL VOTE

Council Member

Intro.

Adopt

Second Ayes Nays

Abstain

Absent

Carol Heller

x x x x x x x

Noralie LaFevre Henri Schepens George Sniffin

x

Robert White Elisa Yager Carole Heller

x

x

SECOND READING & FINAL ADOPTION - ROLL CALL VOTE

Council Member

Intro.

Adopt. Second Ayes Nays Abstain

Absent

Carol Heller

x

x x x

Noralie LaFevre Henri Schepens George Sniffin

x

x

Robert White Elisa Yager

x

x x

Introduced and passed:

February 1, 2016 February 11, 2016 March 7, 2016 March 17, 2016

Published, Hunterdon County Democrat : Hearing and consideration for final adoption: Published, Final Adoption, Hunterdon County Democrat

ORDINANCE DIED AT MARCH 21, 2016 COUNCIL MEETING BOROUGH OF MILFORD ORDINANCE NO. 850-2016 AMENDMENT

AN ORDINANCE TO PROVIDE FOR AND DETERMINE THE RATE OF COMPENSATION OF EACH OFFICER AND EMPLOYEE OF THE BOROUGH OF MILFORD AND THE METHOD OF PAYMENT OF SUCH COMPENSATION BE IT ORDAINED by the MILFORD BOROUGH COMMON COUNCIL of the Borough of Milford, in the County of Hunterdon, State of New Jersey, hereby amends as follows: PLANNING BOARD CLERK from $25.00 per hour to $8,775.25.00 per year. SEVERABILITY. Should any paragraph, section, part of any section, or any clause or phrase of this ordinance for any reason be held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this ordinance, and shall remain in full force and effect, and to that end the provisions of this Ordinance are hereby declared to be severable. REPEALER. All ordinances or parts of ordinances in conflict herewith, are and the same are hereby repealed. EFFECTIVE DATE. This Ordinance shall become effective upon passage and publication as required by law. _____________________________ RONALD REHL, MAYOR ATTEST: _______________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction: February 16, 2016 Public Hearing: Adoption: Publication : FIRST READING - ROLL CALL VOTE Council Member Motion Adopt Second Ayes Nays Abstain Absent Noralie LaFevre X X Henry Schepens X X George Sniffin X Robert White X Elisa Yager X Carole Heller X X

BOROUGH OF MILFORD ORDINANCE NUMBER 851-2016

A N O RDINANCE E STABLISHING C HAPTER 129, E NTITLED “V ACANT AND A BANDONED P ROPERTIES ”, OF THE C ODE OF THE B OROUGH OF M ILFORD , C OUNTY OF H UNTERDON , S TATE OF N EW J ERSEY , E STABLISHING R EGISTRATION R EQUIREMENTS , R EGISTRATION F EES , I NSPECTION AND M AINTENANCE R EQUIREMENTS FOR V ACANT AND A BANDONED S TRUCTURES . WHEREAS , the Borough of Milford recognizes the existence of vacant and abandoned structures on properties located throughout the Borough; and WHEREAS , in many cases the owners or other responsible parties of these buildings or structures are failing to maintain them or secure them to adequate standards, or restore them to productive use; and WHEREAS , many of these structures are in violation of the Borough’s Code including but not limited to Chapter 67, Chapter 74, and Chapter 128, and other applicable laws; and WHEREAS , the Borough finds that the presence of vacant and abandoned properties can lead to a decline in property value, can create attractive nuisances, leads to a general decline in the Borough’s aesthetic quality, and may imperil the health, safety and general welfare of the community; and WHEREAS , it is in the public interest for the Borough to establish standards of accountability on the owners or other responsible parties of these properties in order to protect the health, safety and general welfare of the residents of the Borough; and WHEREAS , it is in the public’s interest for the Borough to impose a fee in conjunction with the registration, inspection and oversight of vacant structures. NOW, THEREFORE BE IT ORDAINED by the Mayor and the Milford Borough Common Council, that Chapter 129 entitled “Vacant and Abandoned Properties” of the Code of the Borough of Milford is hereby established and shall include the following provisions: ARTICLE I LEGISLATIVE PURPOSE & DEFINITIONS §129-1 LEGISLATIVE PURPOSE The Milford Borough Common Council finds that it is in the best interests of the Borough to amend the Borough Code, as hereinafter provided, to ensure that the health, safety and well- being of the Borough’s residents are protected by establishing standards of accountability on the owners or other responsible parties of the vacant and abandoned properties, and that it is in the public interest for the Borough to impose a fee in conjunction with the registration of vacant structures. §129-2 DEFINITIONS As used in this Chapter, the following terms shall have the meanings indicated: A. “Abandoned Building or Structure” shall mean any property that has not been legally occupied for a period of at least six (6) months and which meets any one of the following criteria may be deemed to be an abandoned building or structure upon a determination by the Zoning Officer that: 1. The building or structure is in need of rehabilitation in the reasonable judgment of the Zoning Officer, and no rehabilitation has taken place during that six (6) month period; 2. Construction that was initiated on the building or structure and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six (6) months as of the date of a determination by the Zoning Officer pursuant to this Chapter; 3. At least one (1) installment of property tax remains unpaid and delinquent on that property on the date of the determination by the Zoning Officer pursuant to this Chapter; or

4. The building or structure has been determined to be a nuisance by the Zoning Officer. A property which contains both residential and non-residential space may be considered abandoned as long as two-thirds 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 (6) months at the time of the determination of abandonment by the Zoning Officer and the property meets the criteria of either Subsection §129-2 A.1. or Subsection §129-2 A.4. of this definition for abandoned building or structure. B. “Zoning Officer” shall mean the official who is charged with the administration and enforcement of this Chapter, or any duly authorized representative. C. “Owner” shall include the title holder, any agent of the title holder having authority to act regarding a vacant building or structure, or any foreclosing entity that has filed a notice with the Borough Clerk pursuant to Chapter 130. D. “Vacant Building or Structure” shall mean any building or structure which is not legally occupied or at which all lawful business or construction operations or renovation work or occupancy have substantially ceased, and which is in such condition that it cannot legally be re-occupied without repair or rehabilitation, 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 a habitable condition, and where the building is being actively marketed by its owner for sale or rental, shall not be deemed vacant for purposes of this Chapter. REGISTRATION REQUIREMENTS The owner of any vacant building or structure as defined in this Chapter shall: 1. Within thirty (30) calendar days after the building or structure becoming vacant shall file a registration statement for such vacant building or structure with the Borough Clerk; or 2. Within thirty (30) calendar days after assuming ownership of a vacant building or structure, file a registration statement for such vacant building or structure with the Borough Clerk; or 3. Within ten (10) calendar days of receipt of notice by the Borough, file a registration statement for such vacant building or structure with the Clerk on forms provided by the Borough for such purposes. Failure to receive notice from the Borough shall not constitute grounds for failing to register the building or structure. a. Each property having a separate block and lot number as designated on official records of the Borough shall be registered separately. b. The registration statement shall include the name, street address, telephone number, and e-mail address (if applicable) of a person twenty-one (21) years of age or older, designated by the owner or owners as the authorized agent for receiving notices of any violation of the Milford Borough Code, and applicable law 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 law, code or ordinance; and the name, street address, telephone number, and e-mail address (if applicable) of the firm and the actual name(s) of the firms individual principal(s) responsible for maintaining the property. The individual or a representative of the firm responsible for maintaining the property shall be available by telephone or in person on a twenty-four (24) hour per day, seven (7) 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. ARTICLE II REGISTRATION, DESIGNATION OF RESPONSIBLE OWNER OR AGENT, AND OWNER REQUIREMENTS §129-3

c. The registration shall remain valid for one (1) year from the date of registration for each vacant building or structure registered. d. The owner shall notify the Borough Clerk within thirty (30) calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Borough for such purpose. e. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement or court proceeding instituted by the Borough against the owner or owners of the building or structure. f. The registration statement may include any additional information that the Borough Clerk may reasonably require. §129-4 RESTORATION OF VACANT BUILDING OR STRUCTURE. Any owner of a vacant building or structure who plans to restore the property to productive use and occupancy during the twelve (12) month period following the date of the initial registration shall file a sufficiently detailed statement of the owner's plans for restoration of the property with the registration statement along with a schedule. Any owner who within the initial registration period completes restoration of the property whereby the property no longer is defined as vacant may request a fifty (50%) percent refund of the registration fee from the Borough Clerk upon presentation of a Certificate of Occupancy. §129-5 ACCESS TO VACANT BUILDINGS OR STRUCTURES. The owner of any vacant building or structure registered under this Chapter consents to and shall provide access to the Borough to conduct exterior and interior inspections of the building, structure or property to determine compliance with the Borough Code, or applicable law, upon reasonable notice to the property owner or the designated agent. Such inspections shall be conducted on weekdays during the hours of 8:30 a.m. and 4:30 p.m. or such other time as may be mutually agreed upon between the owner and the Borough. §129-6 RESPONSIBLE OWNER OR AGENT. A. An owner who meets the requirements of this Chapter regarding the location of his or her residence or workplace in the State of New Jersey may designate himself or herself as agent or as the individual responsible for maintaining the property. B. By designating an authorized agent under the provisions of this Chapter the owner consents to receive any and all notices of violations of the Borough’s Code, or other applicable law violations concerning the registered property and all process in any administrative enforcement or court proceeding brought to enforce this Chapter regarding the registered building or structure by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this Chapter shall be deemed to consent to the continuation of the agent's designation for the purposes of this Chapter until the owner notifies the Borough Clerk in writing of a change of authorized agent or until the owner files a new annual registration statement. C. Any owner who fails to register a vacant building or structure under the provisions of this Chapter shall further be deemed to consent to receive, by posting on the building, in plain view, and by service notice at the last known address of the owner of the property on record with the Borough by regular and certified mail, any and all notices under the Borough’s Code, or applicable law violations and all process in an administrative or court proceeding brought to enforce the Housing Code or other applicable law.

§129-7

VACANT BUILDING OR STRUCTURE OWNER REQUIREMENTS.

A. The owner of any building or structure that has become vacant, and any person responsible for maintaining any such building or structure that has become vacant shall, within thirty (30) calendar days of the building or structure becoming vacant or within thirty (30) calendar days of the owner taking title to the property, perform the following: 1. Board and secure the building or structure and all unattached accessory structures, garages or similar structures as provided for by applicable law.

2. Ensure that the exterior grounds of the building or structure, including yards, fences, sidewalks, walkways, right-of-ways, alleys, retaining walls, swimming pools both above or below ground, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, grass and weed overgrowth, and snow and ice. 3. Post a sign affixed and protected from the elements, to the building or structure indicating the name, address and telephone number of the owner and the

owner's

authorized agent for the purpose of service of process, and the telephone number of the entity responsible for

name, address and

maintenance of the property, which authorized agent. The sign shall include the words report problems with this building, call...", shall be of shall be placed in a location where it is clearly visible from the

may be the same as the owner or

"No Trespassing" and "to sufficient size and

nearest public

street or sidewalk, whichever is nearer. 4.

Continue to maintain the building or structure in a secure and closed condition, the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied, demolished, or until repair and/or rehabilitation of the building or structure is complete.

keep

ARTICLE XX REGISTRATION FEES

§129-8

REGISTRATION FEES

A. The registration for each building or structure shall be as follows: 1. Initial registration: $50.00; and 2. If not paid within two (2) months of notification by the Borough the registration payment shall increase to $250.00. ARTICLE XX VIOLATIONS & PENALTIES §129-9 VIOLATIONS & PENALTIES A. Any person who violates any provision of this Chapter shall be fined not greater than $1,250.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this Chapter shall be recoverable from the owner and shall be a lien on the property. B. For purposes of this Chapter, failure to file a registration statement within thirty (30) calendar days after a building or structure becoming vacant or within thirty (30) calendar days after assuming ownership of a vacant building or structure, whichever is later; or within ten (10) calendar days of receipt of notice from the Borough, and failure to provide correct information on the registration statement, failure to comply with the provisions of §129- 4 and §129-7, or such provisions contained herein shall be deemed to be violations of this Ordinance. SEVERABILITY. Should any paragraph, section, part of any section, or any clause or phrase of this ordinance for any reason be held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this ordinance, and shall remain in full force and effect, and to that end the provisions of this Ordinance are hereby declared to be severable. §129-11 REPEALER. All ordinances or parts of ordinances in conflict herewith, are and the same are hereby repealed. §129-12 EFFECTIVE DATE. §129-10

This Ordinance shall become effective upon passage and publication as required by law. ______________________________ RONALD REHL, MAYOR ATTEST:

__________________________________ KAREN DYSART, RMC MUNICIPAL CLERK

FIRST READING - ROLL CALL VOTE

Council Member

Motion

Adopt

Second

Ayes

Nays

Abstain

Absent

Carole Heller

x

Noralie LaFevre

x

Henry Schepens

x

x

George Sniffin

x

Robert White

x

x

Elisa Yager

x

x

SECOND READING & FINAL ADOPTION - ROLL CALL VOTE

Council Member

Motion

Adopt Second

Ayes

Nays

Abstain Absent

Carole Heller

x

x

Noralie LaFevre

x

x

Henry Schepens

x

George Sniffin

x

Robert White

x

x

Elisa Yager

x

Introduced and passed: February 16, 2016 Published, Hunterdon County Democrat : February 25, 2016 Hearing and consideration for final adoption: March 21, 2016 Published upon final adoption, Hunterdon County Democrat : March 31, 2016

BOROUGH OF MILFORD ORDINANCE NUMBER 852-2016

A N O RDINANCE E STABLISHING C HAPTER 130, E NTITLED “M AINTENANCE OF V ACANT AND A BANDONED R ESIDENTIAL P ROPERTIES I N F ORECLOSURE ”, OF THE C ODE OF THE B OROUGH OF M ILFORD , C OUNTY OF H UNTERDON , S TATE OF N EW J ERSEY , TO P ROVIDE FOR THE M AINTENANCE OF V ACANT AND A BANDONED R ESIDENTIAL P ROPERTIES D URING F ORECLOSURE P URSUANT TO THE A UTHORITY OF P.L. 2014, C HAPTER 35. WHEREAS , the Borough of Milford recognizes the existence of vacant and abandoned properties located throughout the Borough; and WHEREAS , the present mortgage foreclosure crisis has serious negative implications for all communities trying to manage the adverse consequences of property vacancies and abandoned real properties; and WHEREAS , the Borough is challenged to identify and locate owners or foreclosing parties who can maintain the properties that are in the foreclosure process or that have been foreclosed; and WHEREAS , the Borough finds that the presence of vacant and abandoned properties can lead to a decline in property value, can create attractive nuisances, and can lead to a general decline in the Borough’s aesthetic quality; and WHEREAS , the Legislature and the Governor of the State of New Jersey have enacted P.L. 2014, c.35, described as “[a]n Act concerning the maintenance of certain residential properties, supplementing chapter 48 of Title 40 of the Revised Statutes….” (hereinafter “The Act”); and WHEREAS , The Act authorizes the Borough to adopt an ordinance for the purpose of regulating the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential properties for which a Creditor has filed a summons and complaint in an action to foreclose; and WHEREAS , The Act authorizes designated Borough officials to issue notices to Creditors that have filed a summons and complaint in an action to foreclose, if the public official determines that the property is vacant and abandoned and that the Creditor has failed to provide for the care, maintenance, security, and upkeep of the exterior of the property; and WHEREAS , The Act authorizes the Borough to impose monetary fines and penalties for each violation of this ordinance and its respective provisions in the Borough Code; and WHEREAS , the Governing Body finds that it is in the best interests of the Borough to amend the Borough Code as hereinafter provided to enact the provisions of P.L. 2014, c.35. NOW, THEREFORE BE IT ORDAINED by the Mayor and the Milford Borough Common Council, that Chapter 130 entitled “Maintenance of Vacant and Abandoned Residential Properties During Foreclosure” of the Code of the Borough of Milford is hereby established and shall include the following provisions: ARTICLE I Legislative Purpose & Definitions §130-1 LEGISLATIVE PURPOSE The Milford Borough Common Council finds that it is in the best interests of the Borough to amend the Borough Code, as hereinafter provided, to enact the provisions of P.L. 2014, c.35., to ensure that the health, safety and well-being of the Borough’s residents are protected by mandating that a creditor remain responsible for the care, maintenance, security and upkeep of the exterior of any residential property that is the subject of a summons and complaint in an action to foreclose. §130-2 DEFINITIONS A. For purposes of this Chapter, “Creditor” shall mean, consistent with section 3 of P.L. 2008, c.86, a federal or State chartered bank, savings bank, savings and loan association or any credit union, any person required to be licensed under the provisions of the “New Jersey Residential Mortgage Lending Act,” P.L. 1996, c.157 (N.J.S.A. 17:11C-1,

et seq .) and any

entity acting on behalf of the Creditor named in the debt

obligation, including but not limited to, servicers.

B. “Vacant and Abandoned” residential property shall mean, consistent with section 1 of P.L. 2010, c.70 (C.2A:50-73), residential real estate for which a notice of violation has been issued pursuant to Section 130-3 of this Chapter and subsection b. of Section 1 of P.L. 2014, c.35. Where a notice of violation has not been issued pursuant to §130-6 of this Chapter and subsection b. of section 1 of P.L. 2014, c.35, residential property shall be deemed “Vacant and Abandoned” where a mortgaged property is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to Section 4 of the “Fair Foreclosure Act,” P.L. 1995, c.244 (N.J.S.A. 2A:50-53, et seq . ) and at least two of the following conditions exist: (1) overgrown or neglected vegetation; (2) the accumulation of newspapers, circulars, flyers or mail on the property; (3) disconnected gas, electric, or water utility services to the property; (4) the accumulation of hazardous, noxious, or unhealthy substances or materials on the property; (5) the accumulation of junk, litter, trash or debris on the property; (6) the absence of window treatments such as blinds, curtains or shutters; (7) the absence of furnishings and personal items; (8) statements of neighbors, delivery persons, or government employees indicating that the residence is vacant and abandoned; (9) windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired; (10) doors to the property that are smashed through, broken off, unhinged, or continuously unlocked; (11) a risk to the health, safety or welfare of the public, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property; (12) an uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied; (13) the mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing; (14) a written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property; and (15) any other reasonable indicia of abandonment. ARTICLE II NOTICE OF INTENTION TO FORECLOSE §130-3 NOTICE OF INTENT TO FILE FORECLOSURE A. A Creditor that serves a notice of intention to foreclose on a mortgage on residential property in the Borough pursuant to the “Fair Foreclosure Act,” P.L. 1995, c.244 (N.J.S.A. 2A:50-53, et seq .), shall serve the Borough Clerk with a copy of the notice at the same time that the Creditor serves the notice on the owner of the property. The Creditor shall include the full name and contact information of a person located within the State of New Jersey who is authorized to accept service on behalf of the Creditor with a copy of the notice served on the Borough Clerk. B. If the residential property becomes vacant at any time after the Creditor files the notice of intention to foreclose, but prior to vesting of title in any third party, and the Borough determines that the property is in violation of any applicable State or local housing code, the Borough shall notify the Creditor of the violation, by providing a copy of the notice to the person located within the State who is authorized to accept service on behalf of the Creditor, and may require the Creditor to correct the violation. C. The notice to correct a violation pursuant to this Ordinance 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 thirty (30) days from the Creditor’s receipt of the notice for the Creditor to remedy the violation. If the Creditor fails to remedy the violation within that time period, the Borough may impose penalties allowed for the violation of municipal ordinances pursuant to R.S.40:49-5. ARTICLE III NOTICE OF FORECLOSURE §130-4 NOTICE OF FORECLOSURE

A. A Creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in the Borough shall, within ten (10) days of serving the summons and complaint, notify the Borough Clerk that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property. The notice shall contain the name and contact information for the representative of the Creditor who is responsible for receiving complaints of property maintenance and code violations, may contain information about more than one property, and shall be provided by mail or electronic communication, at the discretion of the Borough Clerk. The Borough Clerk shall forward a copy of the notice to the public officer or shall otherwise provide it to any other local official responsible for the administration of any property maintenance or public nuisance code. In the event the property being foreclosed on is an affordable unit pursuant to the “Fair Housing Act,” P.L.1985, c.222 (N.J.S.A. 52:27D-301, et al ), then the Creditor shall identify that the property is subject to the Fair Housing Act. The notice shall also include the street address, lot and block number of the property, and the full name and contact information of an individual located within the State who is authorized to accept service on behalf of the Creditor. The notice shall be provided to the Borough Clerk within ten (10) days of service of a summons and complaint in an action to foreclose on a mortgage against the subject property. B. Any Creditor that has initiated a foreclosure proceeding on any residential property which is pending in Superior Court shall provide to the Borough Clerk a listing of all residential properties in the municipality for which the Creditor has foreclosure actions pending by street address and lot and block number. The Borough Clerk shall forward a copy of the notice to the public official. C. If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a residential property becomes vacant at any point subsequent to the Creditor’s filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the Creditor or any other third party, and the property is found to be a nuisance or in violation of any applicable State or local code, the local public officer, Borough Clerk or other authorized municipal official shall notify the Creditor, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by State law or municipal ordinance. The Borough 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 thirty (30) days from the Creditor’s receipt of the notice for the Creditor to remedy the violation. If the Creditor fails to remedy the violation within that time period, the Borough may impose penalties allowed for the violation of municipal ordinances pursuant to R.S. 40:49-5. D. If the Borough expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the Creditor was given notice pursuant to the provisions of §130-4C hereof, but failed to abate the nuisance or correct the violation as directed, the Borough shall have the same recourse against the Creditor as it would have against the title owner of the property, including but not limited to the recourse provided under section 23 of P.L.2003, c.210 (C.55:19-100), which recourse includes placement of a lien against the property and against any asset of the Creditor, against any asset of the partner of a Creditor, if a partnership, and against any asset of any owner of a 10% interest or greater if the Creditor is a corporation. ARTICLE III CREDITOR RESPONSIBILITY FOR RESIDENTIAL PROPERTY MAINTENANCE §130-5 CREDITOR RESPONSIBILITY. Pursuant to the provisions of the Public Laws of 2014, Chapter 35, a Creditor filing a summons and complaint to foreclose a lien or mortgage on a residential property in the Borough that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of this Chapter, pursuant to the provisions of N.J.S.A. 2A:50-73, or otherwise. §130-6 NOTICE TO CREDITOR; TIME TO CORRECT VIOLATIONS.

A. If the public officer, or other authorized municipal official, determines that a Creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this Chapter of this Code, the public officer or other authorized municipal official shall issue a notice of violation to the Creditor that has filed a summons and complaint to foreclose on the property in question. B. The notice shall require the person or entity to correct the violation within thirty (30) days of receipt of the notice, or within ten (10) days of receipt of notice if the violation presents an imminent threat to public health and safety. C. The issuance of this notice pursuant to §130-6A shall constitute evidence that the residential property is “vacant and abandoned” for purposes of N.J.S.A. 2A:50-73 and this Chapter. §130-7 VIOLATIONS AND PENALTIES. A. A Creditor subject to this Chapter that is found by the municipal court of the Borough, 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 Chapter shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this sub-section shall commence 31 days following the Creditor’s receipt of the notice, except where the violation is deemed to present an imminent risk to the public health and safety, in which case any fines shall commence 11 days following receipt of the notice. B. An out-of-State Creditor shall include the full name and contact information of the State representative or agent in the notice required to be provided to the municipal clerk pursuant to Paragraph One of N.J.S.A. 46:10B-51. An out-of-state Creditor subject to this Chapter that is found by the municipal court of the Borough, 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 an out-of-state Creditor for the failure to appoint an in-State representative or agent shall commence on the day after the 10-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) for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served. C. No less than twenty percent (20%) of any money collected by the Borough pursuant to this Section shall be utilized by the Borough for municipal code enforcement purposes. §130-8 ADDITIONAL NOTICE REQUIRED. Notice of violations of property maintenance, building or other property Codes for any property declared vacant and abandoned pursuant to this Chapter shall be given to a foreclosing Creditor pursuant to the procedures of §130-6 of this Code as required by P.L. 2014, c. 35. §130-9 SEVERABILITY. Should any paragraph, section, part of any section, or any clause or phrase of this ordinance for any reason be held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this ordinance, and shall remain in full force and effect, and to that end the provisions of this Ordinance are hereby declared to be severable. §130-10 REPEALER. All ordinances or parts of ordinances in conflict herewith, are and the same are hereby repealed. §130-11 EFFECTIVE DATE. This Ordinance shall become effective upon passage and publication as required by law.

______________________________ RONALD REHL, MAYOR

ATTEST: __________________________________ KAREN DYSART, RMC MUNICIPAL CLERK

FIRST READING - ROLL CALL VOTE

Council Member

Motion

Adopt

Second

Ayes

Nays

Abstain

Absent

Carole Heller

x

Noralie LaFevre

x

Henry Schepens

x

x

George Sniffin

x

Robert White

x

x

Elisa Yager

x

x

SECOND READING & FINAL ADOPTION - ROLL CALL VOTE

Council Member

Motion

Adopt Second

Ayes

Nays

Abstain Absent

Carole Heller

x

Noralie LaFevre

x

x

Henry Schepens

x

George Sniffin

x

Robert White

x

x

Elisa Yager

x

x

Introduced and passed: February 16, 2016 Published, Hunterdon County Democrat : February 25, 2016 Hearing and consideration for final adoption: March 21, 2016 Published upon final adoption, Hunterdon County Democrat : March 31, 2016

BOROUGH OF MILFORD ORDINANCE NO. 853-2016 CALENDAR YEAR 2016 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS , the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS , the Common Council of the Borough of Milford in the County of Hunterdon finds it advisable and necessary to increase its CY 2016 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS , the Common Council of the Borough of Milford hereby determines that a 3.5 % increase in the budget for said year, amounting to $ 36,497.20 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Common Council of the Borough of Milford hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED , by the Common Council of the Milford, in the County of Hunterdon, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2016 budget year, the final appropriations of the Borough of Milford shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $36,497.20, and that the CY 2016 municipal budget for the Borough of Milford be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED , that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED , that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. _____________________________ RONALD REHL MAYOR ATTEST: _______________________________ KAREN DYSART, RMC MUNICIPAL CLERK

FIRST READING - ROLL CALL VOTE

Council Member

Intro.

Adopt Second Ayes

Nays Abstai n

Absent

Carol Heller

x x x x x

Noralie LaFevre Henri Schepens George Sniffin

x

x

x

Robert White Elisa Yager

x