Borough of Mendham, NJ Property Maintenance

Provide for the public health, safety and welfare.

Avoid, prevent and eliminate the maintenance or creation of hazards to the public health or safety.

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.

Prevent the creation, continuation, extension or aggravation of blight.

Preserve property values in the Borough.

Maintain the value and economic health of the commercial property and businesses that serve and help to support the Borough and its citizens.

§ 155-3 Compliance required.

The owner of every building, structure, or lot and the premises on which it is situated within the Borough 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 hereof 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 hereof.

§ 155-4 Maintenance of property.

All property in the Borough of Mendham shall meet the following standards:

Sanitation. All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition, free from any accumulation of rubbish or garbage.

Containers. The operator of every establishment producing garbage, vegetable wastes or other putrescible materials shall provide, and at all times cause to be used, leakproof containers, provided with close-fitting covers, for the storage of such materials until removed from the premises for disposal.

Grading and drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any structure located thereon that causes a public health problem affecting abutting property owners.

Traffic safety maintenance. All traffic flow and control signs on private property and/or required by an approved site plan, whether painted on pavement or vertical structures, shall be properly maintained in a functional condition. Bent and leaning sign poles shall be replaced and/or straightened. Painted directional and parking-bay stripes shall be maintained in a readable condition. Bent and broken traffic control guardrails and fencing shall be replaced.

Litter and maintenance of solid waste disposal facilities for nonresidential sites. All industrial and commercial sites shall be kept free from noticeable accumulation of paper and solid waste debris. Common refuse storage areas shall be kept in a clean and repaired state in full conformance with the site plan provisions for such facilities.

Litter and maintenance of solid waste disposal facilities for residential sites. All residential sites shall be kept free from noticeable accumulation of paper and solid waste debris. Refuse storage areas shall be kept in a clean and repaired state in full conformance with the Health and Sanitation Code of the Borough.

Insect and rat control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior and interior areas of the premises. Whenever infestation exists in the shared or public parts of the premises, extermination shall be the responsibility of the owner.

Site improvements. All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair including those on public right of way adjacent to the site.

Site vegetation.

All brush, shrubs, grass and trees shall be maintained so as not to obstruct public access to sidewalks and roadways and so as not to obstruct the necessary line of sight from any roadway. Brush, shrubs, grass and trees shall be kept trimmed so that they do not cross the line of the sidewalk from the ground to a height of seven feet. Poison ivy, poison sumac and similar noxious vegetation shall be removed from the vicinity of any public sidewalk or roadway.

Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches from the front of the structure to the edge of the street/curb and side yard setback areas as determined in the Zoning Code.[1] Weeds shall include all grasses, annual plants and vegetation, other than trees and shrubs, but shall not include maintained cultivated flowers and gardens.

[1]

Editor's Note: See Ch. 215, Zoning.

Trees and shrubs. On-site dead and dying trees, limbs, and leaves, or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons on adjacent properties or the adjourning public rights-of-way shall be kept pruned, trimmed, or removed to prevent such conditions. The properties on which such natural growth is located shall be kept clean so as not to constitute a hazard to persons in the vicinity thereof.

Exhaust vents. A person shall not construct, maintain or operate pipes, ducts, conductors, fans or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors of other gaseous or particulate wastes so as to discharge directly upon abutting or adjacent public and private property or that of another tenant.

Swimming pools. All on-site swimming pools shall be maintained and secured as provided for in Chapter 199, Swimming Pools, of the Mendham Borough Code of Ordinances. When the property is vacant, water in the swimming pool must be treated or removed to prevent the pool from becoming a breeding site for mosquitos.

Prohibited conditions. The exterior of all premises shall be kept free of the following matter, materials or conditions:

Abandoned, uncovered or structurally unsound walls, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.

Abandoned iceboxes/freezers, refrigerators, heaters, television sets and other similar major appliances.

Animal excrement.

Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, sharp or jagged projections or obstructions.

Buried rubble, refuse or rubbish.

Vehicles or parts thereof, including boats and 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 disrepair.

(7)

Dangerously loose and overhanging objects, including, but not limited to, dead trees or tree limbs, accumulations of snow, 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.

(8)

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 or loose, crumbling or falling bricks, stones, mortar or plaster.

(9)

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.

(10)

Broken glass or windows or rotted, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other major exterior component parts of buildings or structures.

§ 155-5 Standards for residential property.

In addition to the standards cited in § 155-4, the following standards apply to residential properties:

Outdoor storage and parking on residential property.

All vehicles, boats and trailers kept on a residential lot shall be maintained in good working order and shall be licensed with the proper authority, if so required. No unlicensed vehicle or vessel shall be parked within the front yard areas of any residential lot.

Notwithstanding Subsection A(1) above, an unlicensed vehicle, boat or trailer may be stored on a residential lot for a period not to exceed three months, so long as it is in adequate running condition and provided that it is not visible from any public street or walkway.

No inoperable vehicle, boat or trailer, part thereof or other machinery or parts shall be stored outdoors upon any residential lot.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

Notwithstanding Subsection A(1) above, a temporary portable containerized property storage unit (PCPSU) may be stored on a residential lot for a period not to exceed 30 days or as extended in accordance with § 215-7, of the Code of Ordinances.

Additional restrictions. All outdoor storage and on site parking shall be in accordance with the requirements of § 215-7 of the Zoning Ordinance of the Borough of Mendham.

§ 155-6 Maintenance of exterior of structures.

General. The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment.

Structural members. All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.

Exterior surfaces (foundations, walls and roof). Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair.

Foundation walls. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks so as not to be detrimental to public safety and welfare.

Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface-coated when required to prevent deterioration.

Roofs. The roof shall be structurally sound and tight and shall not have defects which might admit rain, and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building.

Chimneys. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weathercoating materials, such as paint, or similar surface treatment where necessary.

Stairs and porches. Every stair, porch and balcony, and all appurtenances attached thereto, shall be so constructed as to be safe to use and capable of supporting the loads to which they are subjected and shall be kept in sound condition and good repair.

§ 155-7 Resurfacing of existing parking areas and driveways.

Purpose. This section requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Mendham so as to protect public health, safety and welfare, and prescribes penalties for the failure to comply. In order to facilitate the upgrading of storm drain inlets, the Borough will maintain a list of suppliers in the area which keep inlet grates and compliant ECO heads in stock.

Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by Mendham Borough or another public body, and is designed and used for collecting and conveying stormwater.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

STORM DRAIN INLET

An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

WATERS OF THE STATE

All springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

Prohibited conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

Already meets the design standard below to control passage of solid and floatable materials; or

Is retrofitted or replaced to meet the standard in this § 155-7 prior to the completion of the project.

Design standard. Storm drain inlets identified in this § 155-7 shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 155-7G below.

Grates.

Property owners shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

(a)

The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

(b)

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

Whenever property owners use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

This standard does not apply:

Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(a)

A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

(b)

A bar screen having a bar spacing of 0.5 inch;

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New-Jersey-Register-listed historic property.

Enforcement. This section shall be enforced by the Borough Administrator or any person(s) designated by the Administrator to perform such inspections for the Borough. These persons can be, but are not limited to, the Zoning Officer, Police Department, Borough Engineer, Engineering Inspector, Department of Public Works Superintendent and Building Code Official.

Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to one warning in accordance with § 155-13 of this chapter. Each storm drain inlet that is not retrofitted to meet the design standard may be considered a separate offense.

§ 155-8 Vacant and abandoned properties.

Definitions. As used in this section, the following terms shall have the meanings indicated:

[Amended 4-3-2017 by Ord. No. 4-17]

OWNER

Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, § 17), or any other entity determined by the Borough of Mendham to act with respect to the property.

VACANT PROPERTY

Any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased for a period of at least three months, and any commercial property that has not been legally occupied or at which substantially all lawful construction operations have ceased for a period of at least three months, and which exhibits evidence of vacancy such that a reasonable person would believe that the property is vacant. Any property that contains all building systems in working order, is being maintained on a regular basis, has not been cited by the Borough for any violation of municipal ordinance within such time and is being actively marketed by its owner for sale or rental shall not be deemed vacant.

Registration. Effective January 1, 2015, the owner of any vacant property as defined herein shall, within 60 calendar days after the effective date of this chapter, or within 30 calendar days after the building becomes vacant property, or within 30 calendar days after assuming ownership of the vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Borough Construction Code Office on forms provided by the Borough for such purposes. A copy of the vacant property registration statement is available in the Appendix at the end of this chapter.[1] Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.

Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.

The registration statement shall include the name, street address, telephone number, and e-mail address (if applicable) of a person 21 years or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code; and the name, street address, telephone number, and e-mail address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.

After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Borough of Mendham Construction Official or his/her designee, if requested, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. If an inspection is required of the interior of the property due to complaints or other cause, the fee for such inspection shall be the same as that for a certificate of continued occupancy inspection as provided in the applicable provisions of the Code of the Borough of Mendham.

The registration shall remain valid for one year from the date of registration except for the initial registration time, which shall be prorated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed below in this section for each vacant property registered.

The annual renewal shall be completed by January 31 each year for that year. The initial registration fee shall be prorated for registration statements received less than 10 months prior to that date.

The owner shall notify the Construction Code Office within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Office for such purpose.

(7)

The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the owner or owners of the building.

(8)

An owner who is a natural person and who meets the requirements of this section as to availability of a contact number on a twenty-four-hour emergency basis may designate himself or herself as agent.

(9)

By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purpose of this section until the owner notifies the Borough of Mendham of a change of the authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of this section.

[1]

Editor's Note: Said Appendix is on file in the Borough offices.

Unregistered properties. Any owner who fails to register vacant property under the provisions of this section shall further be deemed to consent to receive, by posting on the building, in plain view, or by service of notice at the last known address of the owner of the property on record by regular and certified mail, any and all notices of Code violations and all process in an administrative proceeding brought to enforce Code provisions concerning the building.

Access to vacant properties. The owner of any vacant property registered under this section shall provide access to the Borough to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours of 9:00 a.m. to 4:00 p.m., or such other time as may be mutually agreed upon between the owner and the Borough.

Fee schedule. The initial registration fee for each building shall be $250. The fee for the first renewal is $500, the fee for the second through fifth renewal is $1,000, and the fee for all renewals after the fifth is $5,000. Amounts may be lowered.

[Amended 4-3-2017 by Ord. No. 4-17]

Requirements of owners of vacant property. The owner of any building that has become vacant property, and any person maintaining or operating or collecting rent for any such building that has become vacant, shall, within 30 days thereof:

[Amended 4-3-2017 by Ord. No. 4-17]

Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Borough Code, or as set forth in the rules and regulations supplementing the Code; and

Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to this § 155-8), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches; and

Maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and

Ensure that the exterior grounds of the structure, including areas within the front yard and side yard setbacks, and the fences, sidewalks, walkways, rights-of-way, alleys, retaining walls, attached or unattached accessory structures and driveways, are well maintained and free from trash, debris, loose litter, and grass and weed growth; and

(a)

Make provisions for the maintenance of the lawn and yard, including regular grass cutting as required by the applicable provisions of the Code of the Borough of Mendham; and

(b)

Make provisions for the regular maintenance of the exterior of the property; and

Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied or demolished, or until repair and/or rehabilitation of the building is complete; and

Make provisions for the cessation of the delivery of mail, newspapers and circulars to the property; and

(7)

Make provisions for the winterizing of the property by the cessation of water service to the property and the draining of water lines, other than buildings with a fire sprinkler system; and

(8)

Make provisions for the cessation of electric or gas utility services to the property, other than buildings with a fire sprinkler system.

Violations and penalties.

[Added 4-3-2017 by Ord. No. 4-17]

Any owner who is not in full compliance with this section or who otherwise violates any provision of this section or of the rules and regulations issued hereunder, as determined by the Borough Council or its designee, shall be subject to a fine of not less than $500 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property.

For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of this section, or such other matters as may be established by the rules and regulations of the Borough of Mendham shall be deemed to be a violation of this section.

§ 155-9 Access to properties.

When the lack of maintenance of a Borough property results in violations of the Borough's Property Maintenance Code which are obvious from adjacent public rights-of-way or from adjoining property whose owners have provided access for the purpose of inspecting the property containing the violations, the property maintenance enforcement officer shall send a notice to the owner of record for the subject property citing the visible violations and demanding access to the property to conduct a more thorough inspection. The notice shall specify a time frame for the correction of the visible violations as provided for in this Property Maintenance Code. Said notice may also set forth a day and time for the more thorough inspection, which time shall be no less than 10 days after the mailing of the notice. If owner of the property or his designated agent are not present for this inspection and/or do not object to the enforcement officer making the inspection, the enforcement officer can conduct an inspection of the exterior of the property and shall send to the owner of record a statement indicating the findings of said inspection and any required repairs or violations. If the property owner refuses to allow the inspection, the enforcement officer shall file a complaint with the Municipal Court citing the violations visible from the public right-of-way or adjacent properties seeking not only the abatement of the violations cited but also authority to conduct a more thorough inspection.

§ 155-10 Enforcement officer.

The provisions of this chapter shall be enforced by the Construction Official and/or the Zoning Officer, with the assistance of the Police Department, the Fire Prevention Bureau, and the Health Department.

§ 155-11 Notice and appeal process.

Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the enforcement official shall be served upon the owner or operator, who shall be responsible for correcting such condition. The notice shall contain the following:

An identification of the conditions constituting the violation.

The necessary corrective actions.

A reasonable time period, not to exceed 60 days, to correct or abate the violation.

A statement that a summons will issue if the violation has not been corrected within the time period provided in the notice.

The notice may be served personally, or by certified mail, at the last known address of the owner or operator alleged to be in violation, or at the registered agent's address as provided for in § 155-8. Where it is ascertained that the owner or operator does not reside on the premises, and the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the affected building. Service upon any owner or operator may also be achieved by service of any notice upon a member of the family of the owner or operator of the age of 14 years or over then residing at the residence of such owner or operator. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by regular mail and a second copy is sent by registered or certified mail.

The notice should also state that the violation shall be abated, removed, cured, prevented or desisted from within a reasonable time period unless a written request for a hearing before the Building Standards Board is received within a ten-day period. The enforcement officer may extend the period for compliance with the violation stated in the notice upon appeal by the property owner if, in the enforcement officer's opinion, based upon the information provided by the property owner, the abatement, removal, prevention, cessation of or cure of the condition violated cannot reasonably be effected within the required period, and in such cases, the enforcement officer shall state such reasonable required extended period in a revised notice.

An individual receiving a notice from the enforcement official may request a hearing as to the propriety of the order before the Building Standards Board. Upon receipt of a written request for a hearing, the matter shall be heard at the next scheduled meeting of the Building Standards Board. After such a hearing, the Board may continue such order in effect or modify or withdraw it. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the stipulated repair 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.

§ 155-12 Emergency conditions.

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 § 155-11 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.

§ 155-13 Violations and penalties.

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed $500, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

§ 155-14 Building Standards Board.

To provide for an appeal process from any order of the enforcement officer concerning the Property Maintenance Code, there is hereby created a Building Standards Board. The Board shall consist of the Borough Administrator, the Borough Health Officer and a representative of the Borough Council selected by the Council and a representative from the Planning Board as appointed by the Mayor. The Board shall meet when an appeal is filed by a property owner who takes exception to enforcement action under the Property Maintenance Code. All meetings shall be duly noticed by the Borough Clerk, and open to the public. The Borough Administrator shall serve as the Secretary of the Board, providing notice to all appellants as well as maintaining records and minutes of all meetings and proceedings, copies of which shall be public records and provided to the Mayor and Council. The Board shall render decisions on all appeals within 30 days of receiving notice of the appeal. During the appeal process, the enforcement action of the enforcement official is stayed.

§ 155-15 Borough intervention.

Filing of report with governing body. If, within the time permitted, the owner shall fail to abate the nuisance, correct the defect or defects or put the premises in proper condition so as to comply with the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Borough, after notice thereof and opportunity to do so as provided elsewhere in this chapter, the enforcement official shall forthwith file a report with the governing body of the Borough of Mendham, which said report shall set forth in detail the condition or conditions constituting the nuisance or the defect or defects and shall contain a copy of the notice served upon the owner and the date and the manner thereof and a certification that such condition or conditions still exist.

Hearing; resolution to abate; expenditure of municipal funds.

Upon the filing of the report by the enforcement official, a hearing shall be held upon at least five days' notice to the owner, served in the same manner as is provided elsewhere. At such hearing, the enforcement official shall submit a report of his findings and recommendations to the Borough Council. If the governing body is of the opinion that such action is in the public interest, the governing body may adopt a resolution in the public's interest to abate the nuisance, to correct the defect or defects or to put the premises in proper condition so as to comply with the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Borough, at the cost and expense of the owner.

The governing body may, by such resolution, also authorize the expenditure of municipal funds and fix the amount thereof for the purpose of correcting such conditions, and, in such cases where the nuisance or defect falls within a category for which there is statutory authority for the creating of a tax lien, such expenditure shall be charged against the premises, and the amount thereof shall be a lien collectible as provided in this chapter.

The enforcement official or the Superintendent of Public Works, depending upon the volume of the work performed in accordance with the resolution at Borough's expense, not to exceed the amount specified in the resolution, shall, upon completion thereof, submit a report of the monies expended and costs to the Borough Council.

After review of the report, the Borough Council 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, whereupon the same, shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection, and a copy of the report and resolution for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner.

§ 155-16 Lead-based paint inspections.

[Added 4-12-2023 by Ord. No. 03-2023]

Definitions. The following terms shall have the meanings indicated below pursuant to N.J.S.A. 52:27D-437.16, as may be amended and which is incorporated by reference.

DUST WIPE SAMPLING

A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.

TENANT TURNOVER

The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.

VISUAL ASSESSMENT

A visual examination for deteriorated paint or visible surface dust, debris, or residue.

Inspections by Borough. The Construction Code Official shall inspect every single-family, two-family, and multiple-rental dwelling located within the Borough at tenant turnover for lead-based paint hazards or by July 22, 2024, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with this section. The Borough shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Borough in advance of any inspection, a fee as set forth in § 102-1 of the Borough Code, for each unit inspected to cover the cost of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing this section.

Option for owner/landlord to hire lead evaluation contractor. The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 155-16B, instead of the Borough conducting the inspection. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Construction Code Official" shall also mean and include such lead evaluation contractor for purposes of this section, except for the purposes of § 155-16M.

Consultation with local health board. The Construction Code Official with the duty to inspect single-family, two-family, and multiple-rental dwellings pursuant to this section may consult with the local health board, the New Jersey Department of Health, or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.

Exceptions for inspections. Notwithstanding any language in § 155-16B to the contrary, a dwelling unit in a single-family, two-family, or multiple-rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:

Has been certified to be free of lead-based paint;

Was constructed during or after 1978;

Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-l et seq.);

Is a single-family or two-family seasonal rental dwelling that is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals; or

Has a valid lead-safe certification issued in accordance with this section.

Remediation. If the Construction Code Official finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to § 155-16B, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et seq.). Upon the remediation of the lead-based paint hazard, the Construction Code Official shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The Construction Code Official shall charge an additional fee as set forth in § 102-1 of the Borough Code for such inspection.

Lead-safe certification. If the Construction Code Official finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to § 155-16B, or following remediation of a lead-based paint hazard pursuant to § 155-16F, then the Construction Code Official shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by Construction Code Official pursuant to this section shall be valid for two years.

Production of lead-safe certification. Beginning on July 22, 2024, property owners shall:

Provide evidence of a valid lead-safe certification obtained pursuant to this section as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1, et seq.), unless not required to have had an inspection by the Construction Code Official pursuant to § 155-16E(1), (2), or (3);

Provide evidence of a valid lead-safe certification obtained pursuant to this section to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Construction Code Official pursuant to § 155-16E(1), (2), (3), and (4), and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and

Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants, if the inspection was conducted during a period of tenancy, unless not required to have had an inspection by the Construction Code Official pursuant to § 155-16E(1), (2), (3) and (4).

Notification to Commissioner of Department of Community Affairs. If the Construction Code Official finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the Construction Code Official shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.8).

Inspection of two- or three-dwelling units. If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two- or three-dwelling units, then the Construction Code Official shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The Construction Code Official may charge an additional fee as set forth in § 102-1 of the Borough Code for each additional inspection.

Fees. In addition to the fees charged for inspection of rental housing, the Borough shall assess an additional fee of $20 per unit inspected by the Construction Code Official for the purposes of, and as required by the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et seq., as may be amended from time to time) concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs already has assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common-interest community, any inspection fee charged pursuant to this section shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this section shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4, as required by law.

Inspections as a result of testing of children of six years of age or younger.

If less than 3% of children tested in the Borough, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the New Jersey Department of Health pursuant to N.J.S.A. 26:2-137.6, or according to other data deemed appropriate by the Commissioner (as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16), then the Construction Code Official may inspect a dwelling located therein for lead-based paint hazards through visual assessment.