Borough of Northvale, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 76.
Certificates — See Ch. 80.
Uniform construction codes — See Ch. 84.
Removal of debris by contractors — See Ch. 89, Art. II.
Fire prevention — See Ch. 101.
Solid waste — See Ch. 170.
Health nuisances — See Ch. 221.
Sanitation — See Ch. 234.
[Adopted 12-11-1974 as Ord. No. 397 (Ch. 147, Art. I, of the 1969 Code); amended in its entirety 3-8-2000 by Ord. No. 750-2000]

§ 147-1 Findings.

A. 
The Borough of Northvale hereby finds that certain unsafe, unsanitary and unhealthy conditions exist at various business and industrial properties in the borough.
B. 
Many persons are attracted to and actually use these business and industrial areas.
C. 
The public health, safety and welfare makes it desirous to terminate unsafe, unsanitary and unhealthy conditions and to prevent other similar conditions from arising in the future on any business and industrial areas in the borough.

§ 147-2 Purpose.

A. 
The purpose of this article is to protect the health, safety and welfare of the residents of the Borough of Northvale by establishing minimum standards governing the maintenance, appearance and condition of business and commercial areas; to fix certain responsibilities and duties upon owners and operators; to authorize and establish procedures for the inspection of business and industrial areas; and to fix penalties for the violation of this article.
B. 
This article is hereby declared to be remedial, and it is intended that this article be liberally construed to effectuate the purposes as stated herein.

§ 147-3 Definitions and word usage.

A. 
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A building, or use that is on the same lot as and subordinate to the main building and which is under the same ownership or control as and used for a purpose customarily incident to the use of the main building.
BUILDING
Any building or structure or part thereof, whether used for human inhabitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.
DETERIORATION
The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive use.
EXTERIOR PREMISES
Those portions of a building or structure which are exposed to public view or are visible from adjoining and adjacent lots, including all outside surfaces and appurtenances thereto and the open land space of any premises outside any building or structure erected thereon.
INFESTATION
The presence of or within a premises of any insects, rodents or other pests that present a safety hazard.
LITTER or RUBBISH, JUNK SCRAP MATERIALS
Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as paper wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, auto parts, appliances, construction debris or similar materials.
(1) 
Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New Jersey, its governmental agencies or the ordinances of the Borough of Northvale.
(2) 
Any condition which may be detrimental to the health or safety of a person or persons, whether outside or inside a building, on the lands and premises containing a building or in or upon an unoccupied lot. This includes, but is not limited to, such conditions created by abandoned, open or structurally unsound wells, shafts, towers, basements, foundations or excavations; abandoned ice boxes, refrigerators, motor vehicles or parts thereof, structurally unsound buildings, structures or fences; lumber; trash; debris; rubbish; refuse containers; construction material; tree stumps; dead or dying trees or branches; stones; appliances; furniture or household goods; or depressions or holes in the land.
(3) 
Any physical condition potentially dangerous or hazardous to human life or safety or tending to be detrimental to the health of persons on, near or passing, within the proximity of the premises where said condition exists.
OCCUPANT
Any person or persons, including the owner, in actual possession of and using a building or an occupancy unit in the building.
OPERATOR
Any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner.
OWNER
Any person or persons or other entity who shall have legal or equitable title to any premises or part thereof, with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building, structure or part thereof, as owner or agent of the owner, or a fiduciary, including but not limited to testamentary heirs, fiduciaries, trustees, receivers, guardians of an estate or of another, administrators or as mortgagees in possession.
PREMISES
A lot, plot or parcel, including the buildings or structures thereon.
REFUSE
All putrescible and nonputrescible solid wastes, including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and parts thereof and solid market and industrial wastes.
B. 
All terms and words used in this article shall be deemed and construed to include any other number, singular or plural, and other gender, masculine, feminine or neuter, as the context or sense of any paragraph or clause herein may require.

§ 147-4 Maintenance of landscaping.

All trees, shrubbery and other items of landscaping required as part of site plan approvals heretofore or hereafter granted shall be maintained and, if necessary, replaced by the owners of such property. Said items of landscaping shall be maintained at all times at least to the same quality required at site plan review.

§ 147-5 Lawns.

Lawns in said business and industrial areas shall be maintained so that the length of grass and weeds, if any, does not exceed six inches.

§ 147-6 Shrubs and trees.

The shrubbery and trees within such areas shall be attractively maintained and kept free of all debris and rubbish.

§ 147-7 Hazards and nuisances.

It shall be the duty of the owner, occupant, tenant or lessee of the premises, including but not limited to all vacant lots and areas and improved lots and land within such business and commercial areas, to keep the premises free from all hazards, nuisances, junk, scrap materials or unsightly conditions, including but not limited to dead and dying trees, limbs or other natural condition or storm damage, which constitute a hazard to persons in the vicinity thereof.

§ 147-8 Storage of vehicles and machinery.

It shall be unlawful for any owner, possessor or occupant of lands in the Borough of Northvale to store, place, keep, park or accumulate upon such lands any motor vehicles, automobiles or machines in need of repair so as not to be readily operated under their own power, requiring substantial repairs or not currently licensed or not being currently used for transportation.

§ 147-9 Inspection; notice to correct conditions.

If the Construction Official or Zoning Officer, upon inspection, determines that the landscape materials, buffer areas or zones, parking lots and walkways are not being maintained in good condition, as previously set forth, he shall notify the owner, in writing, of his findings and order that any negligent maintenance on the part of the owner be corrected within a reasonable time not to exceed 30 days of notice by the Construction Official.

§ 147-10 Failure to comply; abatement by borough.

Where the abatement of any condition as described herein, correction of a defect in the premises or work necessary to place the premises in a proper condition, so as to conform to this article or any other ordinance of the borough or applicable laws of the State of New Jersey, shall not have been completed within 30 days of the aforesaid written notice from the Construction Official, the Construction Official shall present a report of work proposed to be done to accomplish the foregoing to the governing body of the borough with an estimate of the cost, along with a summary of the proceedings undertaken by the Construction Official to secure compliance, including notices served upon the occupants, owners, operators or their agents, as the case may be. The governing body may thereupon, by resolution, authorize the abatement of the nuisance or the correction of the defect or work necessary to place the premises in proper condition and in compliance with this article. The Construction Official or, at the direction of the governing body, its agents or representatives, depending upon the volume of the work to be performed, may thereafter proceed to have the work performed in accordance with the resolution at borough expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and costs to the governing body. After a review of the report, the governing body may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough of Northvale, who shall be responsible for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner.

§ 147-11 Cost to become lien against property.

The costs of landscape maintenance or replacement on the basis of time and materials shall be charged to the property owner and, if not promptly paid, shall be certified to the Tax Assessor and shall become a municipal lien against said property.

§ 147-12 Applicability to zoning.

Nothing contained in this article or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of Chapter 200, Zoning, or zoning laws of the Borough of Northvale.

§ 147-12.1 Violations and penalties.

Any person or persons, firm or corporation who or which violates any provision of this article shall be punishable as provided in Chapter 1, General Provisions, article II, General Penalties. A separate offense shall be deemed committed on each and every occasion or day during or on which a violation occurs or continues.

§ 147-12.2 Compliance required; additional requirements; exterior appearance.

A. 
In furtherance of the purposes of this article, it shall be the duty and responsibility of the owner, owners, operators or occupants of the premises aforesaid to comply with any and all the requirements and standards of this article, to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions within 30 days of the enactment of this article.
B. 
Further requirements.
(1) 
Public nuisance. No premises, lots or structures within this borough shall be maintained in such a way as to constitute a public nuisance. A public nuisance shall include but not be limited to the following:
(a) 
Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations or unsafe fences or structures.
(b) 
Any premises that has unsanitary or defective sewerage or plumbing facilities.
(c) 
Any premises designated as unsafe for human habitation.
(d) 
Any premises that is considered to be a fire hazard or is unsafe or unsecured so as to endanger life, limb or property.
(e) 
Any premises from which the plumbing, heating or facilities required by code have been removed, or from which utilities have been disconnected, destroyed or removed or rendered ineffective, or the required precautions against trespassers have not been provided.
(f) 
Any premises that is unsanitary or littered with rubbish or garbage or that is overgrown with grass, weeds or other natural growth.
(g) 
Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; has excessive storage or is vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; or dangerous to anyone on or near the premises.
(2) 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant, owner or agent shall keep that part of the property which the occupant, owner or agent controls or occupies in a clean and sanitary condition.
(3) 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces, paved areas and similar areas shall be kept in a proper state of repair and maintained free from potholes, cracks and other hazardous conditions.
(4) 
Accessory structures. All accessory structures, including but not limited to detached garages, fences and walls, stairways, walkways and parking lots, shall be maintained structurally sound, in good repair, in accordance with the provisions of this article.
(5) 
Motor vehicles. No person shall keep or permit the keeping on any streets, vacant lots, parking lots or anywhere outdoors on the premises, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer:
(a) 
Which is missing tires, wheels, engine or any essential part;
(b) 
Which displays extensive body damage or deterioration;
(c) 
Which does not display a current, valid state license plate, valid inspection sticker; or
(d) 
Which is wrecked, disassembled or partially disassembled or inoperable.
(6) 
Exterior structure. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary in accordance with the provisions of this article.
(7) 
Chimneys and towers. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by any periodic application of weather coating materials such as paint or similar surface treatment.
(8) 
All leaders, gutters or any stormwater drainage systems must be maintained, clean and free of obstructions, debris vegetation and in good working order.
C. 
Exterior appearance.
(1) 
Signs. All signs, including the structural and supporting components thereof, and all light stanchions and poles shall be maintained in good repair.
(2) 
Awnings and marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall be so maintained as to not constitute a nuisance or safety hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event that any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to the public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize an encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.
(3) 
Scaffolding. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond the period of six months after erection or placement thereof, without permission of the Zoning or Code Official.
[Adopted 5-10-1995 by Ord. No. 686-95]

§ 147-13 General provisions.

A. 
In any case where the provisions of this article impose a stricter or higher standard than set forth in any other ordinance or regulation of the Borough of Northvale or under the laws or regulations of the State of New Jersey or any of its agencies, then standards set forth herein shall prevail, but if the provisions of this article impose a lower or less standard than any other regulation or ordinance of the Borough of Northvale or of the laws or regulations of the State of New Jersey or any of its agencies, then the higher standard contained in any such other ordinance, regulation or law shall prevail.
B. 
If any section, subsection, sentence, clause, phrase or portion is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as separate and independent, the provisions of which shall not affect the validity of the remaining portions hereof.
C. 
Compliance with this article shall not constitute a defense against a violation of any ordinance of the Borough of Northvale applicable to any structure or premises, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this article.

§ 147-14 Definitions and word usage.

A. 
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A building or use that is on the same lot as and subordinate to the main building and which is under the same ownership or control as and used for a purpose customarily incident to the use of the main building.
BUILDING
Any building or structure or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.
DETERIORATION
The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive use.
EXTERIOR PREMISES
Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto and the open land space of any premises outside any building or structure erected thereon.
INFESTATION
The presence on or within a premises of any insects, rodents or other pests that present a safety hazard.
LITTER or RUBBISH
Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as paper wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
(1) 
Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New Jersey, its governmental agencies or the ordinances of the Borough of Northvale.
(2) 
Any condition which may be detrimental to the health or safety of all persons, whether on or inside a building, on the lands and premises containing a building on, in or upon an unoccupied lot. This includes, but is not limited to, such conditions created by abandoned, open or structurally unsound wells, shafts, towers, basements, foundations or excavations; abandoned iceboxes, refrigerators, motor vehicles or parts thereof; structurally unsound buildings, structures or fences; lumber; trash; debris; rubbish; refuse containers; construction material; tree stumps; dead or dying trees; stones; appliances; furniture or household goods; or sudden depressions or holes in the land.
(3) 
Any physical condition potentially dangerous or hazardous to human life or safety or tending to be detrimental to the health of persons on or near or passing within the proximity of the premises where said condition exists.
OCCUPANT
Any person or persons, including the owner, in actual possession of and using an entire building or an occupancy unit in the building.
OPERATOR
Any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner.
OWNER
Any person or persons or other entity who shall have legal or equitable title to any premises or part thereof, with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building, structure or part thereof, as owner or agent of the owner, or as fiduciary, including but not limited to testamentary, fiduciaries, trustees, receivers, guardians of an estate or of another or as mortgagees in possession.
PREMISES
A lot, plot or parcel, including the buildings or structures thereon.
REFUSE
All putrescible and nonputrescible solid wastes, including but not limited to garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles and parts thereof, solid market and industrial wastes.
B. 
All terms and words used in this article shall be deemed and construed to include any other number, singular or plural, and other gender, masculine, feminine or neuter, as the context or sense of any paragraph or clause herein may require.

§ 147-15 Maintenance of exterior premises.

The exterior of premises shall be kept free of litter (including, without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass) and of all nuisances and hazards to the safety of tenants, occupants, pedestrians and other persons having access to the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated. The word "hazards" shall include, but not be limited to, the following:
A. 
Refuse.
B. 
Dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees are to be kept pruned and trimmed to prevent such conditions.
C. 
Loose overhanging and projecting objects which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof.
D. 
Holes, mounds, excavations, breaks, projections, obstructions and excretions of pets and other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.
E. 
Sources of infestation.
F. 
Structurally unsound, defective or damaged foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
G. 
Structurally unsound or detective chimneys. Chimneys, flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed and constructed.
H. 
Defective or deteriorating porches, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained structurally sound, in good repair and free from defects.
I. 
Grass/weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254mm). All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation other than trees or shrubs; provided, however, that said definition shall not include cultivated flowers and/or gardens.
[Added 8-13-1997 by Ord. No. 719-97]

§ 147-16 Exterior appearance.

A. 
Signs. All signs, including the structural and supporting components thereof, and all light stanchions and poles shall be maintained in good repair.
B. 
Awnings and marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall be so maintained as to not constitute a nuisance or a safety hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event that any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to the public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.
C. 
Scaffolding. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond the period of six months after erection or placement thereof, without permission of the Zoning or Code Official.
D. 
Roofing.
[Added 5-14-2014 by Ord. No. 935-2014]
(1) 
No tarp or other temporary roof covering, made of cloth, plastic or other, similar material, placed over a damaged or deteriorated roof to prevent leaking or additional damage on a temporary basis, and used in construction, repair or maintenance of the roof, shall be permitted to remain in place, in lieu of permanent replacement or repair of the roof, for a period exceeding 90 days, except with the written permission of the Borough Building Inspector or Code Enforcement Official, and then only for a period specified by the official granting the permission, and upon issuance of a building permit for the work required to be performed on the roof.
(2) 
Violations and Penalties. Any owner or occupier of property violating this subsection shall be liable for the penalties consistent with other violations of this chapter.

§ 147-17 Building and structure maintenance.

Every inside and outside stairway, every porch and every appurtenance thereto shall be constructed and maintained as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.

§ 147-18 General sanitation and safety.

A. 
No person shall throw or deposit litter on any open or vacant property within the borough, whether owned by such a person or not.
B. 
Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:
(1) 
Such garbage is stored in appropriate receptacles of metal or other materials approved by the Code Official.
(2) 
Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition.
(3) 
Such areas, if located outside a building and visible from any public walk, street or public parking area, are shielded by a method approved by the Code Official and constructed in compliance with the applicable provisions of the standard building code of New Jersey or of any building code subsequently adopted by the Borough of Northvale.
C. 
Rubbish and garbage shall be placed or kept on the property within the building located thereon or not nearer to the street in line than the building line or nearer to the street line than the face of the building, whichever distance from the street line is greater, except during any cleanup week proclaimed by the Borough Council.
D. 
Flammable or combustible liquids or other materials shall not be stored on the premises unless they are of a type approved for storage by regulation of the Fire Official and then only in such quantities and in such fireproof containers as may be prescribed by applicable fire code regulations.
E. 
Every occupant of a single-occupancy unit in a building comprising a single-occupancy unit shall be responsible for the extermination of any insects, rodents or other pests on the premises; and each occupant of an occupancy unit in any building which has more than one occupancy unit shall be responsible for the extermination whenever his occupancy unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner or operator to maintain any such building in a reasonably pest-proof condition, extermination thereof shall be the responsibility of the owner or operator.
F. 
There shall not be stored or used at a location visible from the sidewalk, street or other public areas in residential zones equipment and material relating to commercial or industrial uses unless permitted under Chapter 200, Zoning, for the premises.
G. 
It shall be unlawful for any owner, possessor or occupant of lands in the Borough of Northvale to store, place, keep, park or accumulate upon such lands any motor vehicles, automobiles or machines in need of repair so as not to be readily operated under their own power, requiring substantial repairs or not currently licensed or not being currently used for transportation.
H. 
Nothing herein shall be construed to limit the storage of vehicles which are kept in an enclosed place or garage.

§ 147-19 Administration and enforcement.

A. 
Enforcement Officer. The Zoning Official, Code Compliance Official, Construction Official, Health Officer, Fire Official and the police of the Borough of Northvale are hereby designated as the public officers to exercise the powers prescribed by this article.
B. 
Enforcement procedures. Whenever the enforcement officer determines that there is or has been a violation of any provisions of this article, he shall give notice of such violation to the person or persons or entities responsible therefor under this article. Such notice shall be in writing and shall include a concise statement of the reasons for issuance. Such notice shall be deemed properly and sufficiently served if a copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown by the most recent tax lists of the municipality; or a copy thereof handed to said person or persons; or a copy thereof left at the usual place of abode or office of said person or entities. Notice shall be given as aforesaid, within or without the municipality. The notice shall also state that, unless the violation is abated, removed, cured or prevented within 10 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violations. The enforcement officer may, at the time he issued the notice, extend the period for compliance with the violation stated in the notice for a period in excess of the aforesaid 10 days if, in his judgment, the abatement, removal, prevention, cessation of or cure of the condition violated cannot reasonably be affected within the ten-day period; and in such cases the enforcement officer shall state such reasonable required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days. In the event that the violation is not abated, removed, cured, prevented or otherwise fully remedied within said ten-day period or within such extended period as set forth in the notice pursuant to the foregoing, a summons shall then be issued against the person, persons, entity or entities so notified.

§ 147-20 Responsibilities of owner, operator and occupant.

The responsibility of the owner, operator and occupant are to be independent of each other.
A. 
Occupants shall have all the duties and responsibilities as prescribed in this article, and the occupant shall not be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B. 
Occupants shall have all the duties and responsibilities as prescribed in this article, and the occupant shall not be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or occupant is also responsible therefor and in violation thereof.
C. 
Contract not to alter responsibilities, unless expressly provided to the contrary in this article. The responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.

§ 147-21 Emergency conditions.

Whenever the Code Enforcement Officer finds that an emergency condition in violation of this article exists, which condition required immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth above reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as it is reasonably necessary to meet the emergency. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but, upon objection in writing to the Code Enforcement Officer, any such person shall be afforded a hearing before the Board of Adjustment of the borough as soon as is reasonably possible. After such a hearing and decision by the Board of Adjustment, as to the existence or nonexistence of the emergency conditions, the Board of Adjustment may continue such order in effect or modify it or withdraw it, subject to the issuance of a summons for violation thereof, if such order is continued.

§ 147-22 Violations and penalties.

Any person or persons or entity who or which violates any provision of this article shall be punishable as provided in Chapter 1, General Provisions, article II, General Penalties. A separate offense shall be deemed committed on each and every occasion or day during or on which a violation occurs or continues.

§ 147-23 Lien on property.

Should the person or persons upon whom notice is served pursuant to § 147-19B fail, neglect or refuse to remedy the alleged violation, the Borough of Northvale may alleviate the situation; and the actual cost of such action shall be certified by the Code Enforcement Official, Zoning Official or as appointed by the governing body of the borough to the Tax Collector, which shall thereupon become and be a lien on the property of which the alleged violation occurred. Said lien shall be added to and form a part of the taxes next to be assessed on said property and shall be collected and enforced by the same officer and in the same manner as taxes.