[HISTORY: Adopted by the Mayor and Council
of the Borough of Northvale as indicated in article histories. Amendments
noted where applicable.]
[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]
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.
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.
A.
ACCESSORY STRUCTURE
BUILDING
DETERIORATION
EXTERIOR PREMISES
INFESTATION
LITTER or RUBBISH, JUNK SCRAP MATERIALS
NUISANCE
(1)
(2)
(3)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
As used in this article, the following terms shall
have the meanings indicated:
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 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.
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.
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.
The presence of or within a premises of any insects, rodents
or other pests that present a safety hazard.
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.
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.
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.
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.
Any person or persons, including the owner, in actual possession
of and using a building or an occupancy unit in the building.
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.
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.
A lot, plot or parcel, including the buildings or structures
thereon.
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.
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.
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.
The shrubbery and trees within such areas shall
be attractively maintained and kept free of all debris and rubbish.
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.
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.
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.
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.
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.
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.
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.
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:
(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]
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.
A.
ACCESSORY STRUCTURE
BUILDING
DETERIORATION
EXTERIOR PREMISES
INFESTATION
LITTER or RUBBISH
NUISANCE
(1)
(2)
(3)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
As used in this article, the following terms shall
have the meanings indicated:
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 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 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.
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.
The presence on or within a premises of any insects, rodents
or other pests that present a safety hazard.
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.
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.
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.
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.
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 a dwelling
or premises, or a part thereof, whether with or without the knowledge
and consent of the 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.
A lot, plot or parcel, including the buildings or structures
thereon.
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.
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]
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.
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.
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.
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.
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.
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.
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.
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.
