[HISTORY: Adopted by the Township Committee
of the Township of Wyckoff 8-17-1982 by Ord. No. 880. Amendments noted where
applicable.]
The purposes of this chapter are:
A.
To provide for the public health, safety and welfare.
B.
To avoid, prevent and eliminate the maintenance and
creation of hazards to the public health and safety.
C.
To avoid, prevent and eliminate conditions which,
if permitted to exist or continue, will depreciate or tend to depreciate
the value of adjacent or surrounding properties.
D.
To prevent the creation, continuation, extension or
aggravation of blight.
E.
To preserve property values in the Township.
F.
To prevent the physical deterioration or progressive
downgrading of the quality of residential dwellings in the Township.
G.
To maintain the value and economic health of the commercial
properties and business that serve and help to support the Township
and its citizens.
H.
To prevent and eliminate physical conditions in or
on property which constitute nuisances and are thereby potentially
dangerous or hazardous to the life, health or safety of persons on
or near the premises where such conditions exist.
I.
To establish minimum standards governing the maintenance
and condition of lands, buildings, structures and premises in the
Township.
J.
To fix responsibilities and duties therefor upon owners,
lessees, operators and occupants of property.
K.
To provide for administration and enforcement.
L.
To fix penalties for the violation of this chapter.
For the specific purposes of this chapter, the
following terms, whenever used herein or referred to in this chapter,
shall have the respective meanings assigned to them hereunder unless
a different meaning clearly appears from the context:
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 of any building or structure erected thereon.
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 Township.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of premises where such condition exists.
Any person residing, living or sleeping in or on the premises
or having actual possession, use or occupancy of a dwelling premises
or unit or operating a business therein, or any person or entity in
possession of or using any premises or part thereof, whether or not
the owner thereof and regardless of the duration of time of such possession,
use or occupancy.
Any person, persons or entity not the owner, who has charge,
care or control of a dwelling or premises or a part thereof, with
or without the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever 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 owner, or as a fiduciary, trustee,
receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lease of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purposes of this chapter and
shall have responsibility over the portion of the premises so sublet,
leased or assigned.
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the buildings or structures thereon.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage; trash, ashes; paper, paper goods and products;
wrappings; cans; bottles; containers; yard clippings; garden refuse;
brush and containers of waste materials, chemicals or oil other than
garbage containers used and intended to be picked up in the normal
weekly scavenger collection service; debris; junk; glass; boxes; crockery;
wood; mineral matter; plastic; rubber; leather; furniture; household
goods; appliances; fixtures; bedding; scrap lumber; scrap metal; construction
material; inoperable machinery or parts thereof; dead or rotting vegetation,
excluding compost piles which are not otherwise prohibited in this
chapter; abandoned, inoperative, unused or unusable automobiles and
vehicles, or parts or components of automobiles, motor vehicles, motorcycles
or vehicles of any kind; and solid commercial or industrial waste.
Every residential and nonresidential building,
structure, lot and the premises or part of the premises on which it
is situated in the Township, previously or presently used or intended
to be used for dwelling, commercial, business, recreational, service,
transportation, institutional, religious, charitable, quasi-public,
professional or industrial occupancy and uses accessory thereto, shall
comply with the provisions of this chapter whether or not any such
building or structure shall have been constructed, altered or repaired
before or after the enactment of this chapter and irrespective of
any permits or licenses which may have been issued for the use or
occupancy of such building or for the installation or repair of equipment
or facilities prior to the effective date of this chapter. Vacant
lots, lands and premises are also required to comply with the provisions
of this chapter.
In any case where the provisions of this chapter
impose a higher or stricter standard than set forth in any other ordinance
or regulation of the Township of Wyckoff or under the laws or regulations
of the State of New Jersey or any of its agencies, then the standards
as set forth herein shall prevail, but if the provisions of this chapter
impose a lower or lesser standard than any other regulation or ordinance
of the Township of Wyckoff or the laws and 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.
Compliance with this chapter shall not constitute
a defense against any violation of any other ordinance of the Township
applicable to any structure or premises, nor shall any one act of
compliance constitute a defense against any subsequent or other violation
of this chapter.
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this chapter,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder nor be entitled to assert as a defense
against any charge made against him or them for violation of this
chapter, the fact that another owner, operator or occupant or any
other third person or entity is also responsible therefor and in violation
thereof.
Any alterations to buildings, structures or
appurtenances thereto, or changes of use therein, which may be caused
directly or indirectly by the enforcement of this chapter, shall be
done in accordance with all applicable sections of the Uniform Construction
Code of the Township.[1]
Nothing contained in this chapter or any requirement
of compliance herewith shall be deemed to alter, impair or affect
the application of the Zoning Ordinance or zoning laws of the Township.[1]
Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the municipality or its officers or
agencies relating to the removal or demolition of any buildings or
structures which are deemed to be dangerous, unsafe or unsanitary.
In furtherance of the purposes of this chapter,
it shall be the duty and responsibility of the owner, operator or
occupant of premises to comply with any or all of the requirements
and standards of this chapter, to keep the premises free of conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions.
A.
The exterior of all premises shall be kept free of
the following matter, materials or conditions:
(1)
Refuse, as hereinabove defined.
(2)
Rubbish, as hereinabove defined.
(3)
Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(4)
Abandoned iceboxes, refrigerators, heaters, television
sets and other similar major appliances.
(5)
Structurally unsafe or unsound buildings, structures
or fences or parts thereof.
(6)
Rodents, vermin, pest infestation or rodent harborages.
(7)
Animal excrement piles or manure piles within 100
feet of a property line.
(8)
Buried refuse or rubbish.
(9)
Stagnant surface or ground water accumulations which
create or are likely to create mosquito or other insect breeding areas.
(10)
Nuisances, as hereinabove defined.
(11)
Vehicles or parts thereof, including boats and
trailers, motorized or not, licensed or unlicensed, registered or
unregistered, which vehicles or parts thereof are or have been junked,
abandoned, dismantled or are in a state of disrepair for a period
of more than two weeks. This subsection shall take effect only where
the area in which the vehicles or parts thereof are located is visible
from surrounding or adjoining properties. No part of this subsection,
however, shall be applicable to properties upon which the business
of an automobile body shop or automobile dealership is conducted.
[Amended 12-20-1988 by Ord. No. 1052]
(12)
Dangerously loose and overhanging objects, including
but not limited to dead trees or tree limbs, accumulations of ice
or any object, natural or man-made, which could threaten the health
and safety of persons if caused to fall, or other similar dangerously
loose and overhanging objects which, by reason of their location above
ground level, constitute an actual hazard to persons or vehicles in
the vicinity thereof.
(13)
Inadequate or unsafe foundations, walls, piers
and columns and other similar structurally unsound, damaged or defective
load-bearing components which are incapable of bearing imposed loads
safely at all points.
(14)
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotten or unsafe exterior portions of buildings or
structures, including but not limited to porches, landings, balconies,
stairways, handrails, steps, walls, overhangs, roofs, fences, supporting
members, timbers, abutments, fire escapes, signs or loose, crumbling
or falling bricks, stones, mortar or plaster.
(15)
Exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which might
cause injury to persons coming in contact therewith.
(16)
Broken glass or windows; rotten, missing or
substantially destroyed window frames and sashes, door frames, exterior
component parts of buildings or structures.
(17)
Weeds, brush, stumps, roots and/or tree parts
which are obnoxious, noxious or detrimental to public health and safety;
this includes but is not limited to poison ivy, poison oak, poison
sumac, and ragweed growth. This shall also include dead and dying
trees, tree parts and/or limbs or other natural growth, including
compost heaps or piles or brush and/or tree parts, which, by reason
of rotting or deteriorating conditions, create obnoxious odors or
blighting and unsightly factors for adjoining properties or the Township
of Wyckoff. Under no circumstances are compost heaps or piles of brush
and/or tree parts permitted in front or side yards. In residential
zone districts, no compost heaps or piles of brush, wood chips, mulch
or any other tree parts shall be more than eight feet in height. The
provision of this subsection shall not apply to farmland, pastureland,
grazing land, natural or unlandscaped areas and/or undeveloped tracts.
[Amended 9-16-2003 by Ord. No. 1448]
(18)
Public sidewalks adjacent to such premises which are in need of replacement and/or repair, which constitute a potentially dangerous condition, detrimental or hazardous to the life, health or safety of persons utilizing such sidewalks. Notwithstanding this subsection, the Township shall also continue to have all rights and remedies provided in Chapter 165 of the Code of the Township of Wyckoff, and all sidewalk replacements, repairs and/or reconstruction pursuant to this section must be made consistent with the requirements and specifications contained in Chapter 165.
[Added 2-4-2014 by Ord. No. 1725]
B.
Garbage or trash dumpsters shall not be maintained
in front yards unless permitted by site plan approval from the Planning
Board or Board of Adjustment or municipal approval for temporary construction
or renovation purposes.
C.
In residential zone districts and upon all properties
used for residential purposes in whole or in part, parking spaces
shall be on paved or gravel driveways constructed and installed and
located pursuant to the provisions of the Zoning Ordinance[1] and other applicable codes, rules and regulations of the
Township of Wyckoff. Parking of motor vehicles on front lawns, yards
or landscaped front yards is prohibited except for the purpose of
temporary emergency or necessity not to exceed a period of 24 hours.
D.
The exterior of all premises, the exterior of structures
and condition of accessory structures, including fences and walls
of any type, shall be kept structurally sound, in good repair and
free from defect and shall be maintained so that the appearance of
the premises and structures shall not constitute a blighting factor
for adjoining properties or the Township of Wyckoff, such as but not
limited to structural collapse, excessive peeling paint, graffiti,
rotting or decay.
E.
Landscaping, lawns, grass, weeds or any vegetation
whatsoever, not edible or planted for some useful or ornamental purpose,
shall not be permitted to grow or remain on any property in excess
of eight inches in height.
[Amended 3-19-1996 by Ord. No. 1238]
F.
General maintenance. The exterior of every structure
or accessory structure, including signs and fences, shall be maintained
in good repair. The same shall be maintained free of broken glass,
loose shingles, crumbling stone or brick, excessive peeling paint
or other conditions reflective of deterioration or inadequate maintenance,
to the end that the property itself may be preserved, safety and fire
hazards eliminated and adjoining properties and the Township of Wyckoff
be protected from blighting influences.
[Amended 7-21-1992 by Ord. No. 1141]
A.
Without limitation by the foregoing, it shall be the
duty and responsibility of owners, occupants or operators or holders
of mortgages to keep the exterior of all premises structurally sound,
in good general repair and sufficiently maintained to an extent so
as to prevent and avoid conditions that violate the purposes and provisions
of this chapter.
B.
Duty to remove after notice. Whenever the presence upon any lands within the Township of Wyckoff of brush, weeds, dead and dying trees, stamps, roots, obnoxious growths, filth, garbage, trash and debris, overgrown and unsightly landscaping, lawns, hedges and bushes is found to exist on property in violation of the purposes and provisions of this chapter or is found to be or likely to be inimical to the public health, safety and general welfare or likely to constitute a fire hazard, the owner, tenant, occupant, operator or holder of mortgage upon such lands shall remove therefrom any such substance or violation within the periods provided for herein in § 152-14. Service of the notice of violation shall be made upon such owner, occupant, tenant, operator or mortgagee as provided in § 152-14 or by certified mail, return receipt requested, and regular mail addressed to the last known post office address.
C.
Failure to comply; removal by Township. In cases where
the owner, occupant, tenant, operator or holder of mortgage shall
have neglected or refused to remove the substance described in this
chapter in the manner and within the time provided in the enforcement
officer's notice, the enforcement officer shall remove the substance
or shall cause the same to be removed under his direction.
D.
Cost of removal as lien; collection. The enforcement
officer shall certify the costs thereof to the Township Committee
and shall provide notice thereof to the owner, occupant, tenant, operator
or holder of mortgage, including the mortgagee, by certified mail,
returned receipt requested, and regular mail to their last known addresses.
Upon receipt of the certificate, the Township Committee shall examine
it and, if found correct, shall cause the costs as shown thereon to
be charged against the lands upon which the violation existed. The
amount so charged shall forthwith become a lien upon such lands and
shall be added to and become, in form, part of the taxes next to be
assessed and levied upon such lands. Such amount shall bear interest
at the same rate as taxes and shall be collected and enforced by the
same officers and in the same manner as taxes.
E.
The provisions of this section shall not apply to
farmland, pastureland, grazing land, natural or unlandscaped areas
and undeveloped tracts.
[Amended 2-5-1985 by Ord. No. 942]
The Construction Official of the Township of
Wyckoff or the Building Subcode Official, or the Zoning Administrator
or assistant zoning administrators are hereby designated as the officers
charged with the enforcement of this chapter, and are hereinafter
referred to as the "enforcement officers."
Whenever an enforcement officer determines that
there is or has been a violation of any provision of this chapter,
he shall give notice of such violation to the person, persons or entities
responsible therefor under this chapter. Such notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
Such notice shall be deemed to be 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 Township, or if a copy
thereof is handed to such person or persons or a copy thereof left
at the usual place of abode or office of such persons or entities.
Notice shall be given as aforesaid within or without the Township.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within 10 days of the date of service
of such notice (exclusive of the date of service) a summons shall
issue for such violation. The enforcement officer may, at the time
he issues the notice, extend the period for compliance with the requirements
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 effected
within the ten-day period; and in such cases the enforcement officer
shall state such reasonably required extended period in the notice,
which shall then be applicable instead of the aforesaid 10 days. In
the event the violation is not abated, removed, cured, prevented or
desisted from or otherwise fully remedied within the ten-day period
or within such extended period as set forth in the notice pursuant
to the foregoing, a summons shall then issue against the person, persons,
entity or entities so notified.
Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in § 152-14, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter, 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 enforcement officer any such person shall be afforded a hearing before the Township Committee of the Township as soon as is reasonably possible. After such a hearing and decision by the Township Committee as to the existence or nonexistence of the emergency condition, the Township Committee may continue such order in effect or modify or withdraw it, subject to issuance of a summons for violation thereof if such order is continued.
[Amended 3-15-1988 by Ord. No. 1029]
Any person or entity who shall violate any of
the provisions of this chapter or any order promulgated hereunder
shall, after a summons is issued under the terms hereof, upon conviction,
be punished by a fine and not to exceed $1,000 or by imprisonment
in the County jail not to exceed 90 days, or by both such fine and
imprisonment. Each violation of any of the provisions of this chapter
and each day that each such violation shall continue shall be deemed
to be a separate and distinct offense.
[Added 7-7-2015 by Ord.
No. 1776]
A.
Creditor responsible. The creditor filing the summons and complaint
in an action to foreclose shall be responsible for the care, maintenance,
security, and upkeep of the exterior of a vacant and abandoned residential
property. If the creditor is located out-of-state, the creditor shall
be responsible for appointing an in-state representative or agent
to act for the foreclosing creditor. An out-of-state creditor shall
include the full name and contact information of the in-state representative
or agent in the notice required to be provided pursuant to 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.
B.
Notice of violation. The Zoning Officer is authorized to issue a
notice to the creditor filing the summons and complaint in an action
to foreclose, if the Zoning Officer determines that the creditor has
violated this chapter by failing to provide for the care, maintenance,
security, and upkeep of the exterior of the property. Such notice
shall require the person or entity to correct the violation within
30 days of receipt of the notice, or within 10 days of receipt of
the notice if the violation presents an imminent threat to public
health and safety. This issuance of a notice pursuant to this section
shall constitute proof that a property is vacant and abandoned for
the purposes of N.J.S.A. 2A:50-73.
C.
Violations and penalties.
(1)
An out-of-state creditor subject to the requirements of this chapter
found to be in violation of the requirement to appoint an in-state
representative or agent pursuant to this chapter shall be subject
to a fine of $2,500 for each day of the violation. Any fines imposed
on a creditor for the failure to appoint an in-state representative
or agent shall commence on the day after the ten-day period set forth
in 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.
(2)
A creditor subject to the requirements of this chapter found 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 subsection shall commence 31 days
following receipt of the notice, except if the violation presents
an imminent risk to public health and safety, in which case any fines
shall commence 11 days following receipt of the notice.
(3)
No less than 20% of any money collected pursuant to this chapter
shall be utilized by the Township for code enforcement purposes.
(4)
In addition to the violations and penalties provided in Subsection C, the Zoning Officer may also utilize the provisions in § 152-12 to remove the violations and to utilize § 152-12D to collect the cost of removal by establishing a lien upon such lands, and the lien shall be added and become, in form, part of the taxes next to be assessed and levied upon such lands. Such amount shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
