City of Englewood, NJ
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2022-12-20
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Part II: General Legislation
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Chapter 317 Property Maintenance
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Article VII Graffiti
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Administrative Code
- Ch 8 Boards, Commissions and Agencies
- Ch 14 Claims Approval
- Ch 19 Contracts
- Ch 23 Court, Municipal
- Ch 25 Traffic and Parking
- Ch 31 Ethics, Code of
- Ch 36 Fire Department
- Ch 41 Historian
- Ch 47 Marriages and Civil Ceremonies
- Ch 50 Officers and Employees
- Ch 54 Payroll Vendors
- Ch 56 Personnel
- Ch 61 Police Department
- Ch 67 Purchasing
- Ch 68 Residency Preference
- Part II: General Legislation
- Ch 94 Alcoholic Beverages
- Ch 100 Amusements
- Ch 106 Animals
- Ch 112 Auctions and Auctioneers
- Ch 129 Brush, Grass and Weeds
- Ch 134 Building Design and Appearance
- Ch 140 Buildings, Moving of
- Ch 146 Buildings, Numbering of
- Ch 152 Buildings, Unsafe
- Ch 159 Certificates of Continuing Occupancy
- Ch 167 Construction Codes, Uniform
- Ch 172 Contractors, Registration of
- Ch 175 Crane Regulations
- Ch 180 Eating Establishments
- Ch 185 Emergency Housing Permits
- Ch 191 Fee Schedule
- Ch 197 Filming
- Ch 202 Firearms
- Ch 207 Fire Insurance Claims
- Ch 212 Fire Prevention
- Ch 220 Flood Control Areas
- Ch 222 Flood Damage Prevention
- Ch 228 Gasoline Service Stations
- Ch 232 Gold, Silver and Coin Sales
- Ch 236 Graffiti
- Ch 241 Hazardous Materials
- Ch 254 Laundries and Dry-Cleaning Establishments
- Ch 258 Library
- Ch 262 Licensing Regulations
- Ch 266 Littering
- Ch 271 Meat Labeling and Packaging
- Ch 282 Newspaper Boxes
- Ch 286 Noise
- Ch 302 Parks and Recreation Areas
- Ch 307 Peace and Good Order
- Ch 311 Peddling, Soliciting and Transient Merchants
- Ch 317 Property Maintenance
- Ch 317 Art VII Graffiti
- § 317-36 Declaration of nuisance.
- § 317-37 Removal of graffiti.
- § 317-38 Abatement of nuisance; municipal lien; receivership action.
- § 317-39 Violations and penalties.
- Ch 319 Property Registration
- Ch 325 Rental Property
- Ch 330 Retail Establishments
- Ch 334 Sales, Special
- Ch 342 Sewers
- Ch 347 Shopping Carts
- Ch 358 Soil Erosion and Sediment Control; Soil Removal
- Ch 364 Solid Waste and Recycling
- Ch 367 Storm Sewers
- Ch 370 Stormwater and Surface Drainage
- Ch 374 Stormwater Management
- Ch 380 Streets and Sidewalks
- Ch 385 Swimming Pools
- Ch 389 Taxation
- Ch 393 Taxicabs
- Ch 404 Tobacco and Nicotine Delivery Products
- Ch 410 Towing
- Ch 421 Trailers and Camping Vehicles
- Ch 425 Trees
- Ch 431 Vehicles, Abandoned
- Part III: Board of Health Legislation
- Ch 450 General Provisions, Board of Health
- Ch 459 Air Pollution
- Ch 464 Animals
- Ch 470 Board of Health; Officers and Employees
- Ch 477 Child Care
- Ch 485 Fees and Fee Schedule
- Ch 489 Food Service Establishments, Retail
- Ch 496 Lead Paint
- Ch 500 Licenses and Permits
- Ch 505 Nuisances
- Ch 517 Public Places and Public Lavatories
- Ch 522 Septic Tanks, Cesspools, Privies and Portable Toilets
- Ch 528 Swimming Pools
- Ch 531 Tattooing
- Ch 534 Vending Machines for Food and Beverages
- Ch 535 Electronic Tobacco Delivery Systems
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
- Land Use
- Ch 250 Land Use
[Added 6-6-1994 by Ord. No. 94-05]
Graffiti, as defined in § 317-4 of this chapter, is hereby declared to be a public nuisance which is inimical to the public health, safety and welfare.
Owners of real property within the City of Englewood shall be
required to remove graffiti from all buildings and structures upon
their property within 21 days following discovery thereof or receipt
of a notice thereof by the Division of Code Enforcement or other agency
of the City of Englewood served upon the owner, property manager or
occupant of said premises, whichever shall first occur.
A.
Upon the failure or refusal of the property owner to remove said graffiti within the time period specified in § 317-37 above, the City of Englewood, by resolution of the City Council, may enter upon said property, remove said graffiti and put the premises in proper condition so as to comply with the requirements of this chapter or any state law applicable thereto, and expend municipal funds for such purpose.
B.
The cost of abating such nuisance, removing such graffiti and putting
the premises in proper condition shall be the responsibility of the
owner and, pursuant to the provisions of N.J.S.A. 40:48-2.12f,[1] or any successor statute, the cost thereof shall be charged against the property and the amount thereof as determined by the City Council of the City of Englewood shall be a lien against the premises and collectible pursuant to the provisions of said statute and in accordance with the provisions of Chapter 152, Buildings, Unfit, of the Code of the City of Englewood.
[1]
Editor's Note: Repealed by L. 2003, c. 295. See N.J.S.A. 2A:42-114
et seq.
C.
In addition to the powers set forth above, in the event that any
owner of a building or structure in the City of Englewood shall violate
this article or fail to abate a condition harmful to the health and
safety of the occupants of the building or structure and the general
public, after notice and opportunity to do so, the Director of the
Division of Code Enforcement or his designee, with the approval and
advice of the City Solicitor, may bring an action to be appointed
receiver ex officio of the rents and income of such property in accordance
with and for the purposes specified in N.J.S.A. 40:48-2.12h et seq.
