The provisions of this article shall constitute
the standards to guide the
Public Officer and his agents in determining the fitness of premises
for human habitation, use and occupancy and in determining whether
premises are being maintained in such condition as to not constitute
a blighting effect upon neighboring properties nor an element leading
to a progressive deterioration and downgrading of neighboring properties
with an accompanying diminution of property values.
A.
ACCESSORY STRUCTURE
BATHROOM
BUILDING
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
GARBAGE
INFESTATION
MIXED OCCUPANCY
NUISANCE
(1)
(2)
(3)
(4)
(5)
OCCUPANCY UNIT
OCCUPANT
OPERATOR
OWNER
PARTIES IN INTEREST
PERSON
PREMISES
PUBLIC OFFICER
REFUSE
RUBBISH
STRUCTURE
TRANSLUCENT
WATER CLOSET COMPARTMENT
WEATHERING
WINDOW
WINDOW DISPLAY AREA
Definitions. As used in this code, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
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.
Any enclosed space which contains one or more of the following:
bathtub, shower, water closet, lavatory, water closet compartment,
washbowl, sink or fixtures serving similar purposes.
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.
The condition or appearance of a building or a part thereof,
characterized by holes, breaks, rot, crumbling, crackling, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use or wear.
Any premises or part thereof which may be lawfully viewed
by the public or any member thereof from a sidewalk, street, alleyway,
parking lot or from any adjoining or neighboring premises.
Any part of the premises not occupied by any building thereon;
any open space on the outside of any building; or any part of any
building which is exposed to the elements.
The control and elimination of insects, rodents and vermin
by eliminating their harborage places or by removing or making inaccessible
material that may serve as their food, or by poisoning, spraying,
fumigating, trapping or any other approved means of pest elimination.
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food or
other products.
The presence on or within a premises of any insects, rodents
or other pests.
Any building, such as an apartment, multifamily dwelling
or other such building, containing one or more dwelling units, rooming
units or hotel or motel accommodations and also, for a portion thereof,
devoted to nonresidential uses.
Any public nuisance known in public law or in
law or in equity jurisprudence or as provided by the statutes of the
State of New Jersey or by the ordinances of the Borough of Park Ridge.
Any inadequately protected well, shaft, basement,
excavation, abandoned motor vehicle, icebox, refrigerator, structurally
unsound fence or building, lumber, trash, debris or vegetation such
as but not limited to poison ivy, oak or sumac or other condition
which is or may be detrimental to the safety or health of persons.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
Any apartment, multifamily dwelling unit or any room or group
of rooms or part thereof forming a single usable unit and located
within a building used or intended to be used or designed to be used
in whole or in part for commercial, business, industrial, multifamily
or other residential or nonresidential occupancy.
Any person or persons, including the owner, in actual possession
of and using an entire building or an occupancy unit in the building.
Any person who has charge, care or control of the premises
or part thereof, whether with or without the knowledge and consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling or dwelling unit as owner or agent of the
owner or as fiduciary, including but not limited to executor, executrix,
administrator, administratrix, trustee, receiver or guardian of the
estate or as a mortgagee in possession, regardless of how much possession
was obtained. Any person who is a lessee subletting or reassigning
any part or all of any dwelling or dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
The same meaning as defined in New Jersey Statutes Annotated
1:1-2.
Any lot, plot or parcel of land and any buildings located
thereon.
The Construction Code Official and/or the Zoning Officer
who are authorized by this chapter to exercise the powers prescribed
by this code.
[Amended 7-10-2007 by Ord. No. 2007-19]
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes, brush, weeds, broken glass, stumps, trash, building
materials and debris of any description.
All combustible and noncombustible waste material, except
garbage.
An assembly of materials forming a construction, including
but not limited to buildings, stadiums, gospel and circus tents, reviewing
stands, platforms, stagings, observation towers, radio towers, water
tanks, trestles, open sheds, bins, shelters, fences and display racks
and signs, built or constructed and permanently affixed on or under
the ground or upon another structure or building.
That property of admitting the passage of light but diffusing
it so that objects beyond it cannot be clearly distinguished.
An enclosure containing a single water closet.
Deterioration, decay or damage caused by exposure to the
elements.
An opening in the wall or roof of a building for the admission
of light, which opening may be closed to the elements by casements
or sashes containing glass or other transparent material.
That area of a building in proximity to the inner surface
of a window which is designed or used for the viewing of the interior
and the display of items representative of any goods or services pertaining
to the business therein.
B.
Word usage. Whenever, in describing or referring to
any person, party, matter or thing, any word importing the singular
number or masculine gender is used, the same shall be understood to
include and to apply to several persons or parties as well as to one
person, and to females as well as males and to bodies corporate as
well as individuals, and to several matters and things as well as
one matter or thing. The word "shall" shall be applied retroactively
as well as prospectively.
A.
The exterior of the 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 is not limited to the following:
(1)
Refuse.
(2)
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
kept pruned and trimmed to prevent such conditions.
(3)
Loose overhanging and projecting objects and accumulations
of ice and snow, which, by reason of location above ground level,
constitute dangers to persons in the vicinity thereof.
(4)
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.
(5)
Accumulations of stormwater. Adequate runoff drains
shall be provided and maintained in accordance with the Standard Building
Code of New Jersey or with any other building code adopted by the
Borough of Park Ridge, to eliminate recurrent accumulations of stormwater.
(6)
Sources of infestation.
(7)
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.
(8)
Structurally unsound or defective chimneys. Chimneys
and 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.
Chimneys, flues, gas vents and other draft-producing equipment shall
provide sufficient draft to develop the rated output of the connected
equipment and shall be structurally safe, durable, smoketight and
capable of withstanding the action of flue gases.
(9)
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, well painted or otherwise
provided with a protective treatment to prevent deterioration and
free from defects.
(10)
Accumulations of dirt, stones and debris in
streets and gutters. Dirt, stones and debris shall be prevented from
accumulating in streets and gutters and should be removed by abutting
property owner.
B.
Where it shall be necessary and expedient for the
preservation of the public health, safety and general welfare or to
eliminate a fire hazard, to remove from lands within the Borough of
Park Ridge, or to destroy brush, weeds, including ragweed, dead and
dying trees, stumps, roots and obnoxious growths, filth, garbage,
trash and debris, the Public Officer may order the owner or occupant
of said lands to remove or destroy said items. In the event that said
order is not complied with within a period of 10 days after served,
the Public Officer may provide for the removal or destruction of the
same.
(1)
In all cases where brush, weeds, including ragweed,
dead and dying trees, stumps, roots, obnoxious growth, filth, garbage,
trash and debris are destroyed or removed from any lands under the
provisions of this chapter by or under the direction of the Public
Officer, such officer shall certify the cost thereof to the governing
body, which shall examine the certificate and, if found correct, shall
cause the cost as shown thereon to be charged against said land; the
amount so charged shall forthwith become and form part of the taxes
next to be assessed and levied upon such land, the same to 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.
C.
Stormwater runoff from any individual property must
be maintained and controlled on that property and not adversely impact
any adjacent property. Under no circumstances shall stormwater and/or
leaders be directed to any adjacent properties.
[Added 7-10-2007 by Ord. No. 2007-19]
The exterior of the premises shall be maintained
so that the appearance thereof shall reflect a level of maintenance
in keeping with the standards of the neighborhood or such higher standards
as may be adopted by the Borough of Park Ridge and such that the appearance
thereof shall not constitute a blighting effect upon neighboring properties
nor an element leading to a progressive deterioration and downgrading
of neighboring properties with an accompanying diminution of property
values, including the following:
A.
The landscaping of premises shall be maintained in
an orderly state, with lawns and bushes trimmed and free from becoming
overgrown, littered and unsightly where such would constitute a blighting
effect, depreciating nearby and adjoining property. Open areas shall
be graded evenly to eliminate holes, depressions, gullies, mounds,
accumulations of debris or other unsightly or unsafe conditions.
[Amended 11-14-2011 by Ord. No. 2011-032]
B.
Repair and painting of exterior of buildings. All
store fronts and the exteriors of all buildings shall be kept in good
repair, painted when required or otherwise provided with protective
treatment sufficient to prevent deterioration and to not constitute
a safety hazard or nuisance. In the event repairs to a store front
become necessary, such repairs shall be made in harmony with the original
design or with such other design as may be approved by an architectural
review board or such other, board, agency, commission or committee
as designated by the Mayor and Council. In no event shall any work
or repair be done without first submitting the plan to said architectural
review board or such board, agency, commission or committee as may
be designated by the Mayor and Council as above stated.
C.
Signs. All signs, including the structural and supporting
components thereof, and all light stanchions and poles shall be maintained
in good repair.
D.
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 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 any such awning or marquee
is made of cloth, plastic or of similar materials, said materials,
where exposed to 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.
E.
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 Public Officer.
The exterior of every building shall be maintained
in good repair, and all exterior surfaces thereof shall be kept painted
or otherwise provided with a protective treatment where necessary
for purposes of preservation and appearance. All exterior surfaces
thereof shall be maintained free from broken glass, loose shingles
or siding, crumpling masonry, excessively peeling paint or other condition
reflective of deterioration or inadequate maintenance, to the end
that the building itself may be preserved, safety and fire hazards
eliminated and adjoining properties and the neighborhood protected
from blighting influence.
A.
Floors shall be maintained in a structurally sound
condition, capable of safely bearing imposed loads and shall be maintained
at all times in a condition so as to be free of hazards.
B.
Bathroom and water closet compartment floors shall
be surfaced with water-resistant material and shall be kept in a dry,
clean and sanitary condition at all times.
C.
Supporting structural members shall be kept structurally
sound, free from deterioration and capable of safely bearing imposed
loads.
D.
In buildings containing not more than four occupancy
units, it shall be the responsibility of each of the occupants, and
in buildings containing more than four occupancy units, it shall be
the responsibility of the owner and operator, to furnish such receptacles
as are needed for the proper storage of garbage and rubbish until
removal thereof, and to provide for the periodic removal of all garbage
and rubbish from the premises, in accordance with the regulations
and ordinances of the Borough of Park Ridge.[1]
E.
Storage bins, rooms and areas shall not be used for
the storage of accumulated garbage and rubbish unless:
(1)
Such garbage is stored in watertight receptacles of
metal or other material approved by the Public Officer and provided
with tight-fitting covers.
(2)
Such rubbish is stored in nonleaking receptacles of
metal or other material approved by the Public Officer.
(3)
Such storage bins, rooms and areas are of smooth,
easily cleanable construction and are kept in a sanitary condition.
(4)
Such areas, if located outside of a building and visible
from any public walk, street or public parking area, are shielded
by a method approved by the Public Officer 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 Park Ridge.[2]
F.
Rubbish and garbage shall be placed or kept on the
property within the building located thereon or not nearer to the
street 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.
G.
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 Department and then only in
such quantities and in such fireproof storage containers as may be
prescribed by applicable Fire Department regulations.
H.
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 therein or 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 pestproof condition, extermination shall
be the responsibility of the owner or operator. Whenever infestation
exists in two or more of the occupancy units in any building or in
the common parts of any building containing two or more occupancy
units, extermination thereof shall be the responsibility of the owner
or operator.
A.
Every building shall be provided with electric service,
where required, in accordance with the standards set up by the Department
of Public Utilities of the Borough of Park Ridge, the Construction
Code Official of the Borough of Park Ridge and any codes or ordinances
adopted heretofore or hereinafter by the Borough Council of the Borough
of Park Ridge.
[Amended 5-14-1979 by Ord. No. 79-4]
B.
Every bathroom and water closet compartment shall
be provided with permanently installed and operating artificial lighting
fixtures with switches and wall plates so located and maintained that
there is no danger of electrical shock from a simultaneous contact
with a water supply fixture.
C.
Maximum fuse sizes, as specified by those persons or entities enumerated in Subsection A above, shall be posted conspicuously on the inside cover of all fuse boxes, and no fuse shall be installed therein in excess of the stated maximum. Owners and operators shall not be held responsible for violations in fuse sizes where the correct maximum size is stated and the fuse box is located within any part of the building which is the exclusive possession of an occupant or occupants other than the owner.
A.
Upon discovery of an occupant of any condition on
the premises which constitutes a violation of this code, the occupant
shall report the same to the Public Officer responsible for the enforcement
of this code.
B.
All parts of the premises under the control of an
occupant shall be kept in a clean, sanitary and safe condition by
the occupant, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean, unsanitary
or unsafe or which would prevent the owner or operator from performing
any duty required hereunder.
