[HISTORY: Adopted by the Mayor and Council
of the Borough of Riverdale 6-20-1983 by Ord. No. 5-83. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning Officer and Deputy Zoning Officer — See Ch. 66.
Brush, grass and weeds — See Ch. 78.
Building safety and habitability — See Ch. 81.
Uniform construction codes— See
Ch. 85.
Fire prevention — See Ch. 100.
Garbage, rubbish and refuse — See Ch. 108.
Streets and sidewalks — See Ch. 147.
Zoning — See Ch. 168.
Nuisances — See Ch. 175.
Sanitary standards — See Ch. 176.
The purposes of this chapter are to:
A.
Provide for the public health, safety and welfare.
B.
Avoid, prevent and eliminate the maintenance and creation
of hazards to the public health and safety.
C.
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.
Prevent the creation, continuation, extension or aggravation
of blight.
E.
Preserve property values in the Borough.
F.
Prevent the physical deterioration or progressive
downgrading of the quality of residential dwellings in the Borough.
G.
Maintain the value and economic health of the commercial
properties and business that serve and help to support the Borough
and its citizens.
H.
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.
Establish minimum standards governing the maintenance
and condition of lands, buildings, structures and premises in the
Borough.
J.
Fix responsibilities and duties therefor upon owners,
lessees, operators and occupants of property.
K.
Provide for administration and enforcement.
L.
Fix penalties for the violation of this chapter.
[1]
Editor's Note: Former Section 1, Title, was
omitted 9-21-1992 by Ord. No. 4-92.
As used in this chapter, the following terms
shall have the meanings indicated:
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 Borough.
Any physical conditions 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 the 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.[1]
Every residential and nonresidential building,
structure, lot and the premises or part of the premises on which it
is situated in the Borough previously or presently used or intended
to be used for dwelling, commercial, business, recreation, 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, land and premises are also required to comply with the provisions
of this chapter.
A.
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 Borough of Riverdale 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 Borough of Riverdale or of 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.
B.
Compliance with this chapter shall not constitute
a defense against any violation of any other ordinance of the Borough
of Riverdale 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 Borough.
[1]
Editor's Note: See Ch. 85, Construction Codes,
Uniform.
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 Borough.
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.
The exterior of all premises shall be kept free
of the following matter, materials or conditions:
A.
Refuse, as hereinabove defined.
B.
Rubbish, as hereinabove defined.
C.
Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
D.
Abandoned iceboxes, refrigerators, heaters, television
sets and other similar major appliances.
E.
Structurally unsafe or unsound buildings, structures
or fences, or parts thereof.
F.
Rodents, vermin, pest infestation or rodent harborages.
G.
Animal excrement piles or manure piles within 100
feet of a property line.
H.
Buried refuse or rubbish.
I.
Stagnant surface or groundwater accumulations which
create or are likely to create mosquito or other insect breeding areas.
J.
Nuisances, as hereinabove defined.
K.
Vehicles, or parts thereof, including boats or 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 visible disrepair for a period of
more than two weeks. This subsection shall take effect only where
the conditions described herein are 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.
L.
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.
M.
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.
N.
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; loose, crumbling
or falling bricks; stones; mortar or plaster.
O.
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.
P.
Broken glass or windows; rotten, missing or substantially
destroyed window frames and sashes; door frames; exterior component
parts of buildings or structures.
Q.
Weeds, brush, stumps, roots 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 and limbs, or other natural
growth, including compost heaps or piles which by reason of rotting
or deteriorating conditions, create obnoxious odors or blighting and
unsightly factors for adjoining properties of the Borough of Riverdale.
Under no circumstances are compost heaps or piles permitted in front
or side yards. The provisions of this subsection shall not apply to
farm land, pasture land, grazing land, natural or unlandscaped areas
and undeveloped tracts.
R.
Garbage or trash dumpsters shall not be maintained
in the front yard unless permitted by site plan approval from the
Planning Board or Board of Adjustment or municipal approval for temporary
construction or renovation purposes.
S.
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
Borough of Riverdale. 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.
T.
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 Borough of Riverdale, such as but
not limited to structural collapse, excessive peeling paint, graffiti,
rotting or decay.
U.
Properties with landscaping, lawns, hedges and bushes
shall be kept from becoming overgrown and unsightly where exposed
to public view, and from becoming a blighting factor for adjoining
properties of the Borough of Riverdale.
V.
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 Borough of Riverdale
be protected from blighting influences.
Without limitation by the foregoing, it shall also be the duty and responsibility of owners, occupants or operators 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 of this chapter, as hereinabove set forth in § 130-1.
[Amended 4-1-1991 by Ord. No. 2-91]
The Zoning Officer of the Borough of Riverdale
is hereby designated as the officer charged with enforcement of this
code and is hereinabove referred to as the enforcement officer.[1]
[Amended 9-26-2018 by Ord. No. 05-2018]
Whenever an enforcement officer determines that there is or
has been a violation of any provision of this code, 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 Borough of Riverdale; or
a copy thereof 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 Borough.
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
or 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 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 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. After a violation is fully remedied,
it is the responsibility of the person, persons, entity or entities
to ensure that the violation or similar violation does not reoccur.
If such violation reoccurs within 12 months from the date of the previous
notification, the violator will be directly issued a summons.
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 § 130-13, 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 Borough Committee of the Borough as soon as is reasonably possible. After such a hearing and decision by the Borough Committee as to the existence or nonexistence of the emergency condition, the Borough 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 9-21-1992 by Ord. No. 4-92; 9-26-2018 by Ord. No. 05-2018
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 of no less than $100 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.
