[HISTORY: Adopted by the Town Council of the Town of Belvidere 8-15-2016 by Ord. No. 2016-05. Amendments noted where applicable.]
It is hereby found and declared that there exist in the Town
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment or maintenance, and,
further, that such conditions, including, but not limited to, structural
deterioration, a lack of maintenance or upkeep of essential facilities
and utilities and the existence of fire hazards and unsanitary conditions,
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Town. It is further
found and declared that, by reason of a lack of maintenance and the
ensuing progressive deterioration, certain properties have the further
effect of creating blighting conditions and that, by reason of timely
regulations and restrictions as herein contained, the growth of this
blight may be prevented and the neighborhood and property values thereby
maintained, the desirability and amenities of dwellings and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
The purpose of this Code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance
and condition of the exterior of residential and nonresidential premises;
to avoid, prevent and eliminate the maintenance of or creation of
hazards to the public health and safety; 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;
to prevent the creation, continuation, extension or aggravation of
blight; to fix certain responsibilities and duties upon owners, operators
and occupants of property, and to provide for the administration and
enforcement of this chapter.
A.
All vacant or improved properties shall comply with the provisions
of this Code.
B.
Every residential and nonresidential structure used for residential,
commercial, business or industrial occupancy, including vacant structures,
and the premises on which they are situated in the Town, shall comply
with the provisions of this Code, whether or not such structure shall
have been constructed, altered or repaired before or after the enactment
of this Code and irrespective of any permits or licenses which shall
have been issued for the use or occupancy of the structure or for
the installation or repair of equipment or facilities prior to the
effective date of this Code.
In any case where the provisions of this Code impose a higher
standard than that set forth in any ordinance of the Town or under
the laws of the State of New Jersey, then the standards as set forth
herein shall prevail, but, if the provisions of this Code impose a
lower standard than any ordinance of the Town or of the laws of the
State of New Jersey, then the higher standard contained in any such
other ordinance or law shall prevail.
Nothing in this chapter shall limit or impair any 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, enforcement of the brush, grass and weeds provisions set forth in Chapter 157, or the enforcement of the vacant/abandoned properties provisions of Chapter 477.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, be defined as follows:
The Zoning Officer, the Town Engineer, and/or an officer
of the police department, or other public officer appointed by resolution
of the Town Council, as specified herein below.
Any physical condition that is potentially dangerous, detrimental
or hazardous to the health or safety of persons on, near or passing
in proximity of the premises where said condition exists.
Any occupant, owner, agent, tenant, lessee, caretaker or
other person or corporation, residing in, living or sleeping in or
on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this chapter.
Any person, persons or entity, not the owner, who has charge,
care or control of a structure 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, 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,
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, sub-lessee or assignee of a lessee of any
part of or all of any building, structure or land shall be deemed
to be a co-owner with the lessor for the purposes of this section
and shall have responsibility over that portion of the premises so
sublet, leased or assigned.
A lot, plot or parcel of land, including the buildings, structures
and improvements thereon which are exposed to public view or are visible
from the streetscape or from adjoining or adjacent properties, including
all outside surfaces and appurtenances thereto, and the open space
on the premises outside any building or structure erected thereon.
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 may any such person or entity assert as a defense against
any charge made under this chapter that another owner, operator or
occupant or any other third person or entity is also responsible therefore
and in violation thereof.
A.
All premises shall be kept free from hazards and nuisances, which
include, but are not limited to, the following:
(1)
Deteriorated structures. The condition of a structure or part thereof
characterized by excessive holes, breaks, rot, crumbling, cracking,
peeling, rusting or other evidence of physical, blight, decay or neglect,
lack of maintenance or excessive use including but not limited to,
structurally unsafe or unsound buildings, structures or fences or
abandoned, uncovered or structurally unsound walls, shafts, towers,
exterior cellar openings, basement hatchways, foundations or excavations
and abandoned septic tanks or cesspools.
(2)
Fire hazard. Anything or any act which increases or may cause any
increase of the hazard or menace of fire to a greater degree than
that customarily recognized as normal by persons in the public service
of preventing, suppressing or extinguishing fires or which may obstruct,
delay or hinder or may become the cause of an obstruction, delay,
hazard or hindrance to the prevention, suppression or extinguishment
of fire.
(3)
Garbage. Animal and vegetable wastes, excluding garden composts,
resulting from the handling, preparation, cooking and consumption
of food.
(4)
Infestations. Excessive insects, rodents, feral domestic animals,
or other pests caused by the accumulation of garbage, rubbish, abandoned
vehicles, or other nuisances, as defined in this chapter.
(5)
Rubbish. All combustible and noncombustible waste materials, other
than garbage and garden composts, including, but not limited to, the
following: paper, rags, cartons, construction/demolition material,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metal, mineral matter, glass, crockery and the residue from
burning wood, coal, coke or other combustible material, discarded
appliances and plumbing fixtures, and solid commercial and industrial
waste.
(6)
Unsanitary conditions. Including, but not limited to, recurring accumulations
of stormwater: stagnant surface or ground water accumulation which
create or are likely to create insect breeding area, failing or failed
septic systems, cesspools or sanitary conveyancing facilities.
B.
Steps, walks, driveways and parking lots for commercial establishments.
Steps, walks, driveways, parking areas, parking lots, parking spaces
and similar areas for commercial establishments shall be maintained
so as to afford safe passage under normal use and weather conditions.
Any holes or other hazards that may exist shall be filled, or necessary
repairs or replacement shall be performed promptly.
A.
Enforcement Officer. The Enforcement Officer shall be any Officer
of the Belvidere Town Police Department, the Town Engineer, the Zoning
Officer, or other public officer appointed by resolution of the Town
Council.
B.
Inspections.
(1)
The Enforcement Officer is authorized to enter upon any land at any
reasonable time for the purpose of performing his duty, with the consent
of the property owner.
(2)
In the event that a property owner refuses such consent, the Enforcement
Officer is authorized to apply to the Judge of the Belvidere Town
Municipal Court for an administrative entry order. The Judge may issue
such order upon submission of information which is sufficient, in
the determination of the Judge, to justify the issuance of the order.
(3)
No entry conducted pursuant to such administrative order shall take
place other than during the hours of 8:00 a.m. to 6:00 p.m. unless
the Enforcement Officer demonstrates that an emergency exists and
that the public health, safety and welfare requires such search during
earlier or later hours, as the case may be.
(4)
The inspections authorized hereunder are in addition to those which
may be authorized by the laws of the State of New Jersey.
C.
Enforcement procedure.
(1)
In the case of an Officer of the Belvidere Town Police Department,
enforcement shall take the form of a duly issued Summons reciting
the provisions of this Ordinance that may be issued with or without
prior warning.
(2)
In the case of an Enforcement Officer other than an Officer of the
Belvidere Police Department, upon determination that there is or has
been a violation of any provision of this chapter, prior to the issuance
of a summons, the Enforcement Officer shall provide written notice
sent by regular mail to the last known address of the person or entity
upon which the same is served, as shown by the most recent tax records
of the municipality, or if a copy thereof is handed to said person
or persons or if a copy thereof is left with the occupant of the property
if different from the owner of record. Notice shall be given as aforesaid
within or without the municipality.
(3)
The notice, subject to the rights of appeal provided in § 147-10
hereof, shall also state that, unless the violation is abated, removed,
cured, prevented or desisted (collectively referred to herein as "abatement")
within 30 days of the date of service of such notice (exclusive of
the date of service), a complaint shall be issued for such violation
in the Belvidere Town Municipal Court. The Enforcement Officer may
extend the period for compliance with the requirements of this section
in regard to the violation stated in the notice for a period in excess
of the aforesaid 30 days if, in his judgment, the abatement, removal,
prevention, cessation or cure of the condition violated cannot reasonably
be effected within the thirty-day period, and, in such cases, the
Enforcement Officer shall state such reasonably required extended
period of notice, which shall then be applicable instead of the aforesaid
30 days. In the event that the violation is not abated, removed, cured,
prevented or desisted from or otherwise fully remedied within said
thirty-day period or within such extended period as set forth in the
notice, pursuant to the foregoing, a summons shall be issued against
the person, persons, entity or entities so notified.
D.
Emergency conditions. 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, welfare or safety, he may issue an order to correct by service of notice as set forth in Subsection C above, 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 to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, and, upon objection, in writing, to the Enforcement Officer, any such person shall be afforded a hearing before the Town Council at the next scheduled regular meeting. After such a hearing and decision by the Town Council as to the existence or nonexistence of the emergency condition, the Town Council may continue such order in effect or modify or withdraw it, subject to the issuance of a summons or complaint for violation thereof if such order is continued.
A.
Any owner, occupant or operator who receives a violations notice from the Enforcement Officer as provided for in § 383-9, other than an emergency notice, shall have a right to appeal the Enforcement Officer's findings and determinations to the Town Council by filing a written notice of appeal with the Town Clerk within 15 days of receipt of the violations notice. The Town Council shall hear any appeal at a regularly scheduled meeting, or at the option of the Council, at a special meeting on a date to be established by the Council. At the hearing, the aggrieved party, by himself or herself or through counsel, may present competent evidence that the Enforcement Officer's findings and determinations are incorrect and that his or her property is not in violation of this Code. The Enforcement Officer and his or her authorized representatives and witnesses shall likewise be entitled to present competent evidence in support of their findings and determinations.
B.
The Town Council shall render its decision with respect to the appeal
within 30 days after the close of the hearing and shall memorialize
its findings and determinations in a written resolution to be adopted
within 45 days thereafter. In its decision, the Town Council may approve,
reverse or modify the findings and determinations of the Enforcement
Officer. A certified copy of said resolution shall be mailed by the
Town Clerk to the aggrieved party and the Enforcement Officer within
10 days of the adoption.
C.
The time frame for abatement as set forth in this chapter and in
the violations notice shall be automatically extended during the pendency
of the appeal and a summons with the Municipal Court shall not be
issued until a decision is rendered by the Town Council.
D.
In adjudicating any appeal, the Town Council shall have the discretion
to modify any compliance time frames and to extend compliance for
a reasonable period of time, if satisfied that there are special circumstances
justifying such extension.
The Town Council, by resolution, may authorize the abatement
of any hazard or nuisance regulated by this chapter and put any premises
in proper condition such as to comply with the provisions of this
chapter, at the cost of the owner, operator and/or occupant, any municipal
funds expended for such purpose shall be charged against the premises
and the amount thereof, as determined by the Town Council, shall be
a lien against the premises and shall be added to and become and form
a part of the taxes next to be assessed and levied upon such dwelling
or lands, the same to bear interest at the same rate as taxes, and
shall be collected and enforced by the Tax Collector in the same manner
as taxes.
A.
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, be subject to the following:
B.
For the purposes of this section, each and every calendar day on
which a violation exists may be considered to be a separate and distinct
violation, subject to a fine.
