[HISTORY: Adopted by the Mayor and Council of the Borough
of Bloomsbury 6-22-2010 by Ord. No. 101-10. Amendments noted where
applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 74.
Uniform construction codes — See Ch. 87.
Fire prevention — See Ch. 107.
Hazardous materials — See Ch. 127.
Nuisances — See Ch. 161.
Smoke and carbon monoxide detectors — See Ch. 217.
Solid waste — See Ch. 225.
Inoperable vehicles — See Ch. 260.
The following matters, things, conditions or acts and each of
them are hereby declared to be the Property Maintenance Code of this
municipality.
This chapter shall be known as the "Property Maintenance Code
of the Borough of Bloomsbury," hereinafter referred to as "this code."
This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as residents are affected by the continued occupancy and maintenance of structures and premises. Nothing in this code shall be construed to cancel, modify or set aside any provision of Chapter 270, Zoning, of this Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Any and every name, identification, description, announcement,
declaration, demonstration, display, illustration or insignia, other
than advertising which is otherwise provided for in this code or other
ordinances of the Borough, which, without authorization, is marked,
written, drawn, painted, scratched, inscribed, or affixed directly
to or upon any of the following objects or structures: public or private
curbstone, flagstone, or any portion or part of any sidewalk or street
or upon any tree, lamppost, utility pole, postal mail receptacle,
sign, hydrant, fence, door, wall, window, garage, enclosure, vehicle,
bridge, or pier or upon or within any other public or private structure,
building or premises.
A vehicle, including any auto, bus, truck, van, motorcycle,
trailer or boat, which cannot be lawfully driven or used upon the
public streets for reasons including but not limited to being unlicensed,
unregistered, wrecked, abandoned, in a state of disrepair, or incapable
of being moved under its own power for motor vehicles, or in the case
of a boat, if incapable of being used as a means of transportation
on water and/or if not currently registered in accordance with New
Jersey law.
Any papers, newspapers, packaging, bags, plastics, cups,
containers, cans and other similar materials lying scattered about
that are subject to movement by any wind or breeze.
All grasses, annual, biennial and perennial plants and vegetation
which are propagated by seed or vegetative parts, which are of little
value and compete with cultivated plants or may affect the health
of humans or animals, other than trees and shrubs. However, this term
shall not include cultivated flowers and gardens.[1]
The owner of any leased or rented property shall provide each
tenant with the name and phone number of a responsible person who,
in emergency situations, will be available on a twenty-four-hour basis
and who has the authority to make repairs to the building and premises
as needed.
A.
Public areas. All public sidewalks, walkways, stairs, driveways,
parking spaces, parking lots and similar areas shall be kept in a
proper state of repair and maintained free from hazardous conditions,
including snow.
B.
Weeds, plants, trash and other debris. All improved premises and
exterior property shall be maintained free from weeds or plant growth
in excess of eight inches and all brush, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris, where the
same impedes the health, safety, or welfare of the public. All noxious
weeds shall be prohibited.[1]
C.
Rodent harborage. All structures and exterior property shall be kept
free from rodent harborage and infestation. Where rodents are found,
they shall be promptly exterminated by approved processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to eliminate rodent harborage and prevent reinfestation.
There shall be no accumulation of rubbish, boxes, wood, lumber, scrap
metal or any other materials so that rodent harborage exists.
D.
Motor vehicles, boats and trailers. No inoperative, unlicensed and/or
unregistered motor vehicle, boat or trailer shall be parked, kept
or stored on any premises, and no vehicle shall at any time be in
a state of major disassembly or disrepair or in the process of being
stripped or dismantled.
E.
Graffiti removal. All exterior and interior structure surfaces must be kept clean and free of graffiti, as graffiti is defined in § 190-4. Surfaces which have been exposed to graffiti must be cleaned, painted or in some manner covered by the affected owner of the property or aperture so as to effect the complete removal of the graffiti from that surface and to return the surface to a clean condition.[2]
(1)
As authorized pursuant to the Municipal Beautification Act, P.L.
2006, c. 31, N.J.S.A. 40:48-2.59, the owner of a building, structure
or other exposed surface located in the Borough where graffiti has
been placed shall remove such graffiti.
(2)
The owner of the property shall be entitled to written notice ordering the removal of such graffiti, which notice shall be delivered to the owner by certified mail, return receipt requested, and regular mail. The order shall afford the owner of the affected property the opportunity to remove the graffiti within 90 days from the date that such notice is sent; however, the Department of Transportation shall be afforded 120 days from the date such notice is sent to remove graffiti from the property owned by it. The notice to remove graffiti shall contain a return form as described in Subsection E(3) hereinbelow.
(3)
The owner who has received notice must inform the Borough when such
graffiti has been removed using the return form supplied by the Borough.
The form shall contain a provision stating that, by affixing a signature
to the form indicating that the graffiti has been removed, the owner
is certifying that the facts set forth therein are true and that the
certification shall be considered as if made under oath and subject
to the same penalties as provided by law for perjury.
(4)
Any owner who has been ordered to remove graffiti shall respond to
the Borough by personal delivery or by certified mail, return receipt
requested, regarding the following:
(5)
Any owner who objects to an order to remove graffiti pursuant to
this section may institute an action challenging the order before
a court of competent jurisdiction within 60 days of the date of the
order.
(6)
If an owner does not undertake the removal of the graffiti within
90 days of the date of the order or, in the case of the Department
of Transportation, within 120 days of the date of the order, unless
an action challenging the order to remove graffiti is still pending,
the Borough may remove the graffiti from the affected property and
present the owner with a detailed itemization of the costs incurred
by the Borough, by certified and regular mail, for reimbursement from
the owner. Such costs shall be assessed, enforced and collected as
a municipal lien.
(7)
Whenever the Borough undertakes the removal of graffiti from any
building, structure or other exposed surface, in addition to assessing
the cost of removal as a municipal lien against the premises, the
Borough may enforce the payment of such assessment, together with
interest, as a personal debt of the owner and may institute an action
at law for the collection thereof. The Superior Court of the State
of New Jersey shall have jurisdiction of any such action.
(8)
Nothing herein shall affect the ability of the Borough or the owner
to file any claims against the person(s) committing acts of graffiti
that may be available pursuant to any other law, ordinance or regulation,
including but not limited to any criminal and/or civil charge.
F.
Grass. All premises, including vacant land and parkways, shall have
grass or other forms of ground cover provided and maintained.
G.
Trees. Trees with dead limbs or branches which are or may become
hazardous to persons or property in the vicinity shall have such limbs
or branches removed. Trees which are dead or dying shall be removed.
In the case of dead or dying trees no notice shall be sent until a
tree specialist advises the Mayor and Council in writing of the trees
in dead or dying condition which are in need of immediate removal.
The Mayor and Council shall thereafter note their concurrence on record
and shall direct the Code Enforcement Officer to issue the appropriate
notification to the property owner.[3]
H.
Encroachment. Any plant growth which shall encroach on the public
way or affect movement or vision of pedestrians or vehicles on the
public way shall be trimmed to allow for unobstructed vision and passage
of persons, pedestrians and vehicles.
I.
Furniture. Any furniture placed exterior of a building shall have
been constructed for such exterior use and shall be constructed of
materials that are waterproof and weatherproof and resistant to rot,
mildew, mold, decay and insect infestation. Exterior-type furniture
shall not be required in spaces which are completely enclosed and
protected from the exterior elements.
B.
Form. Such notice prescribed in Subsection A shall be in accordance with all of the following:
(1)
It shall be in writing.
(2)
It shall include:
(a)
A description of the real estate sufficient for identification.
(b)
A statement of the violation or violations and why the notice is
being issued.
(c)
A correction order allowing a reasonable time to make the repairs
and improvements required to bring the dwelling unit, structure or
premises into compliance with the provisions of this code.
(3)
It shall inform the property owner of the right to appeal.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is:
(1)
Delivered personally, which shall include service upon an employee;
(2)
Sent by first-class mail, express mail, overnight carrier or certified
mail addressed to the last known address;
(3)
Posted in a conspicuous place in or about the structure affected
by such notice; or
(4)
Sent by facsimile machine (fax) to a party who has agreed in writing
to accept notice by such means.
D.
Remedy by Borough. Upon failure by the owner or agent to comply with
the notice of violation, any duly authorized agent of the Borough
or contractor hired by the Borough shall be authorized to enter upon
the property in violation and remedy the violation thereon, and the
costs for such remedy shall be paid by the owner or agent responsible
for the property.[2]
A.
Application for appeal. Any person (the "petitioner") affected by
a decision of the Code Enforcement Officer or a notice or order issued
under this code shall have the right to appeal to the Borough Council
within 15 days after the day the decision, notice, or order was served.
For purposes of this section, a decision, notice or order is served
upon delivery, in the case of personal delivery, or posting on the
structure affected by such notice and, in the case of mailing, five
days after deposit in the United States Mail with first-class postage
prepaid. The Code Enforcement Officer shall transmit the appeal to
Borough Council within three business days of its filing. A person
is "affected" for the purpose of an appeal pursuant to this section
when the person has a material or definitive interest in the decision,
notice, or order of the Code Enforcement Officer. An appeal shall
be based on a claim that the true intent of this code, or the rules
legally adopted thereunder, has been incorrectly interpreted, the
provisions of this code do not fully apply, or the requirements of
this code are adequately satisfied by other means. An appeal must
be in writing and include a statement of the proposal, together with
any and all documentation which would aid the Board in its deliberations.[1]
B.
Hearing. The Borough Council shall hear the appeal at the next occurring
meeting, unless less than five days of the filing of an appeal. The
Borough shall give written notice of the meeting date and time to
the petitioner. Notice shall be given of the time, place, and purpose
of the public hearing by posting on the premises which is the subject
of the hearing a notification of the same not less than three days
before the hearing to which it refers.
C.
Council decisions. Council decisions shall be in writing and issued
within two business days after the close of the hearing. In reaching
its decision, the Council may consider whether the decision, notice,
or order appealed from was based upon a correct interpretation of
this code, or the rules legally adopted thereunder, whether the provisions
of this code do not fully apply, or whether the requirements of this
code are adequately satisfied by other means. The petitioner shall
establish by a clear preponderance of the evidence that his proposal
is equivalent or superior to the adopted code requirement. The decision
shall state that the decision is a final administrative decision which
may be appealed to the Superior Court within 45 days of delivery of
the decision. Failure to secure the concurring votes of a majority
of Council members present where a quorum has been obtained shall
be deemed a confirmation of the original decision.
D.
Effect of appeal. The appeal shall stay the decision, notice, or
order appealed from, unless the Code Enforcement Officer certifies
to the Borough after the appeal has been filed that a stay would,
in the Code Enforcement Officer's opinion, cause imminent peril
to life or property. In such case, the suspension or revocation shall
not be stayed unless a restraining order is issued by a court of competent
jurisdiction, and then only if due cause can be conclusively shown.[2]
A.
Prosecution of violations. Any person failing to comply with a notice of violation or order served in accordance with § 190-7 shall be deemed guilt of a violation of this code, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Enforcement Officer shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
