[Adopted 8-26-1987 by Ord. No. 1677 (Ch. 87, Art. II, of the 1975 Borough Code)]
It is hereby found and declared that there exist in the Borough of Roselle premises which are, or may become, unfit for human habitation or occupancy, or use, due to dilapidation; defects increasing the hazards of fire, accidents or other calamities; lack of ventilation, light or sanitation facilities; or due to other conditions rendering such premises or part thereof, unsafe or unsanitary or dangerous or detrimental to the health or safety, or otherwise inimical to the welfare, of the residents of the Borough of Roselle and persons upon or having access to the premises. It is further found and declared that, by reason of lack of maintenance and progressive deterioration, the condition of certain premises has the further effect of creating blighting conditions and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate, in time, the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions as herein contained, deterioration may be prevented, with neighborhood and property values thereby maintained, the desirability and amenities of premises and neighborhood enhanced, and the public health, safety and welfare protected and fostered.
The purpose of this article is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of premises situated in the Borough of Roselle used or intended to be used or designed to be used, in whole or in part, for commercial, business, industrial or any other nonresidential occupancy; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make such premises fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners, occupants, operators or other parties in interest, and distinct and separate responsibilities and duties upon occupants; to prevent blighting conditions and deterioration of property values; to authorize and establish procedures for the inspection of such premises; to fix penalties for the violations of this article; to provide for the right of access across adjoining premises to permit repairs; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use. This article is hereby declared to be remedial and essential for the public interest and it is intended that this article be liberally construed to effectuate the purposes stated herein.
A. 
Buildings affected by this article. Each and every building and the premises on which it is situated in the Borough of Roselle used or intended to be used or designed to be used, in whole or in part, for commercial, business, industrial or any other nonresidential occupancy shall comply with the provisions of this article, whether residential occupancy shall comply with the provisions of this article; whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this article; and regardless of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises for the construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this article. This article establishes minimum standards for the initial and continued occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided herein. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provision of this article.
B. 
Higher standards to prevail in case of conflict with other ordinances or laws. In any case where the provisions of this article impose a higher standard than that set forth in any other ordinance of the Borough of Roselle or laws of the State of New Jersey applicable thereto, then the higher standard contained in this article shall prevail.
C. 
Issuance and renewal of other permits and licenses. After the date of enactment hereof, all licenses and permits relating to such buildings and premises which may be issued or renewed pursuant to any other ordinance of the Borough of Roselle may be issued or renewed only upon compliance with this article as well as compliance with the ordinances under which such licenses and permits may be granted or renewed.
D. 
Enforcement and compliance with other ordinances. Compliance with this article shall not constitute a defense against the violation of any provisions of any other ordinance of the Borough of Roselle applicable to any building or premises nor shall compliance with any provision of this article relieve any owner, operator or occupant from complying with any such other provision nor relieve any official of the Borough of Roselle from enforcing any such other provision.
A. 
Owner, operator, occupants and parties in interest. Owners and operators shall have all the duties and responsibilities promulgated herein. No owner or operator shall be relieved from such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
B. 
Occupant. Occupants shall have all the duties and responsibilities as prescribed herein, and the occupant shall not be relieved of any such duties or responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator, or both, is or are also responsible therefor and in violation thereof.
C. 
Contract not to alter responsibilities. Unless expressly provided to the contrary in this article, the respective duties and responsibilities imposed hereunder on the owner, operator and occupant shall not be altered or affected by any agreement or contract to which one or more of them is or are a party or parties.
A. 
Standards. The provisions of this section shall constitute the standards to guide the Public Officer and his agents in determining the fitness of premises for human habitation, use and occupancy and in determining whether premises are being maintained in such condition as to not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values.
B. 
Definitions. The words, terms or phrases listed below, for the purposes of this article, are hereby defined and shall be interpreted as follows:
BATHROOM
Any enclosed space which contains one or more of the following, i.e., bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures serving similar purposes.
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.
DETERIORATION
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 wear.
DILAPIDATION
Falling out of repair or decayed.
EXPOSED TO PUBLIC VIEW
Any premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, parking lot or from any adjoining or neighborhood premises.
EXTERIOR OF THE PREMISES
(1) 
Any part of the premises not occupied by any building thereon;
(2) 
Any open space on the outside of any building; or
(3) 
Any part of any building which is exposed to the elements.
EXTERMINATION
The control and elimination of insects, rodents and vermin by eliminating their harborage places; by removing or making inaccessible material that may serve as their food; or by poisoning, spraying, fumigating, trapping or any other approved means of pest elimination.
GARBAGE
The animal and vegetable and any other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.
INFESTATION
The presence, on or within a premises, of any insects, rodents or other pests.
MIXED OCCUPANCY
Any building containing one or more dwelling units, rooming units or hotel or motel accommodations and also having a portion thereof devoted to nonresidential uses.
NUISANCE
(1) 
Any public nuisance known at public law, or in law or equity jurisprudence, or as provided by the statutes of the State of New Jersey or the ordinances of the Borough of Roselle.
(2) 
Any inadequately protected well, shaft, basement, excavation, abandoned or nondrivable motor vehicle or equipment, structurally unsound fence or building, lumber, trash, debris or vegetation, such as poison ivy, oak or sumac, or other condition which is or may be detrimental to the safety or health of persons.
(3) 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist
(4) 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
(5) 
Fire hazards.
OCCUPANCY UNIT
Any room or group of rooms or part thereof forming a single usable unit used or intended to be used, or designed to be used, for nonresidential purposes and located within a building used or intended to be used or designed to be used, in whole or in part, for commercial business, industrial or any other nonresidential occupancy.
OCCUPANT
Any person or persons, including the owner, in actual possession of and using an entire building or an occupancy unit in a building.
OPERATOR
Any person who has charge, care or control of a premises, or part thereof, whether with or without the knowledge and consent of the owner.
OWNER
The holder or holders of the title to premises in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PERSON
The same meaning as defined in N.J.S.A. 1:1-2.
PREMISES
A lot, plot or parcel of land and any buildings located thereon.
PUBLIC OFFICER
The person or persons who are authorized by this article to exercise powers prescribed by this article.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
Includes all combustible and noncombustible waste material, except garbage.
STRUCTURE
An assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.
TRANSLUCENT
The property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished.
WATER CLOSET COMPARTMENT
An enclosure containing a single water closet.
WEATHERING
Deterioration, decay or damage caused by exposure to the elements.
WINDOW
An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent material.
WINDOW DISPLAY AREA
That area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business therein.
C. 
Meaning of certain words. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person, to females as well as males, to bodies corporate as well as individuals and to several matters and things as well as one matter or thing. The word "shall" shall be applied retroactively as well as prospectively.
A. 
The 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 is not limited to the following:
(1) 
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.
(2) 
Natural growth: 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 shall be kept pruned and trimmed to prevent such conditions. Weeds and grass shall not be allowed to exceed five inches in height.
(3) 
Overhangings: loose, overhanging and projecting objects and accumulations of ice and snow which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof.
(4) 
Ground surface and unsanitary conditions: holes, excavations, breaks, projections, obstructions and excretion of pets or 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.
(5) 
Recurring accumulation of stormwater. Adequate runoff drains shall be provided and maintained in accordance with the Building Code of the Borough of Roselle to eliminate recurrent accumulations of stormwater.
[Amended 1-27-1988 by Ord. No. 1697]
(6) 
Sources of infestation.
(7) 
Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
(8) 
Chimneys and flue and vent attachments thereto. Chimneys and flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times and functions for which they were designed and constructed. Chimneys, flues, gas vents and other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment and shall be structurally safe, durable, smoketight and capable of withstanding the action of flue gases.
(9) 
Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with bannisters or railings properly designed and maintained, structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.
(10) 
Abandoned or otherwise inoperable motor vehicles.
B. 
Any private or public parking lot of over 25 parking spaces shall be provided with litter baskets of a type to be approved by the Public Officer. Such litter baskets shall be adequately affixed to the ground. There shall be one such litter basket for each 25 parking spaces. Such litter baskets shall be emptied daily and shall be kept in a good state of repair.
The exterior of the premises shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the Borough of Roselle and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values, including the following:
A. 
Landscaping. Where exposed to public view, the landscaping of premises shall be maintained in an orderly state, with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions. For the purposes of this section, the duty to maintain the lawn shall include a duty to maintain any strip of property located between the curb and the sidewalk or other man-made impediment which would otherwise be connected to the lawn, and/or property, regardless of ownership or easement.
[Amended 7-15-2020 by Ord. No. 2626-20]
B. 
Signs and billboards. All permanent signs and billboards exposed to public view permitted by the Zoning Ordinance[1] and regulated by the Building Code or other regulations, or as a lawful nonconforming use, shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with the supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
[1]
Editor's Note: See now Ch. 650, Land Use.
C. 
Windows and window display areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened by drapes, Venetian blinds or other means of making the windows translucent. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
D. 
Repair and painting of exteriors of buildings. All storefronts and the exteriors of all buildings shall be kept in good repair, painted where required or otherwise provided with protective treatment sufficient to prevent deterioration, and shall not constitute a safety hazard or nuisance.
E. 
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 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 any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to 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.
F. 
Scaffolding. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period of six months after erection or placement thereof without permission of the Public Officer.
G. 
Fences.
(1) 
Barbed-wire fences may only be used for the purpose of protecting the area enclosed, and in the event of use of such fencing, the lowest point of said barbed wiring thereof must be at least six feet from ground level.
(2) 
In the event any fence is broken down or becomes so deteriorated as to be classified as dilapidated, then and in that event the failure to comply with a directive to repair or replace such fence shall be considered as a violation of this article.
(3) 
Where by reason of the maintenance of property or the use thereof, the same becomes unaesthetically acceptable, then and in that event, and in the discretion of the Public Officer, he shall have the authority to order said premises to be fenced for the purpose of screening said area from public view.
The exterior of every building shall be maintained in good repair, and all exterior surfaces thereof shall be kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearance. All exterior surfaces thereof shall be maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the building itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influences.
A. 
Floors shall be maintained in a structurally sound condition capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be free of hazards.
B. 
Bathroom and water closet compartment floors shall be surfaced with water-resistant material and shall be kept in a dry, clean and sanitary condition at all times.
C. 
All portions of any structure shall be kept structurally sound, free from deterioration and capable of safely hearing imposed loads.
D. 
In buildings containing not more than four occupancy units, it shall be the responsibility of each of the occupants, and in buildings containing more than four occupancy units, it shall be the responsibility of the owner and operator, to furnish such receptacles as are needed for the proper storage of garbage and rubbish until removal thereof and to provide for the periodic removal of all garbage and rubbish from the premises in accordance with the regulations and ordinances of the Borough of Roselle.
E. 
Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:
(1) 
Such garbage is stored in watertight receptacles of metal or other material approved by the Public Officer and provided with tight-fitting covers.
(2) 
Such rubbish is stored in nonleaking receptacles of metal or other material approved by the Public Officer.
(3) 
Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition.
(4) 
Such areas, if located outside of a building and visible from any public walk, street or public parking area, are shielded by a method approved by the Public Officer and constructed in compliance with the applicable provisions of the Building Code of the Borough.
(5) 
Such area is of fireproof construction.
F. 
Rubbish and garbage shall be placed or kept on the property within the building located thereon or not nearer to the street line than the building line or nearer to the street line than the face of the building, whichever distance from the street line is the greater, except during any "cleanup week" proclaimed by the Borough Council.
G. 
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 Department and then only in such quantities and in such fireproof storage containers as may be prescribed by applicable Fire Department regulations.
H. 
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 therein or on the premises, and each occupant of an occupancy unit in any building which has more than one occupancy unit shall be responsible for such extermination whenever his occupancy unit is the only one infested. Notwithstanding the foregoing provision 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 shall be the responsibility of the owner and operator. Whenever infestation exists in two or more of the occupancy units in any building or in the common parts of any building containing two or more occupancy units, extermination thereof shall be the responsibility of the owner and operator.
A. 
Every building shall be provided with electric service where required, in accordance with the standards of the National Electrical Code, as amended from time to time.
B. 
Every bathroom and water closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wall plates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water supply fixture.
C. 
Maximum fuse sizes as specified by the National Electrical Code, as amended from time to time, shall be posted conspicuously on the inside cover of all fuse boxes, and no fuse shall be installed therein in excess of the stated maximum. Owners and operators shall not be held responsible for violations in fuse sizes where the correct maximum size is stated and the fuse box is located within any part of the building which is the exclusive possession of an occupant or occupants other than the owner.
A. 
Upon discovery by an occupant of any condition on the premises which constitutes a violation of this article, the occupant shall report the same to the Public Officer responsible for enforcement of this article.
B. 
All parts of the premises under the control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean, unsanitary or unsafe or which would prevent the owner or operator from performing any duty required hereunder.
A. 
Public Officer. The Public Officer shall be appointed by the Borough of Roselle annually, and he shall exercise the powers prescribed by this article. He may appoint or designate such other municipal officers or employees as his assistants as may be required to perform such of his functions and powers under this article as he deems necessary for the enforcement of this article, including the making of inspections and the holding of hearings.
B. 
Inspection of premises. All premises within the Borough of Roselle covered by this article shall be subject to inspection from time to time by the Public Officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the Public Officer is hereby authorized to enter, examine and survey, at all reasonable times, all such premises; provided, however, that such entries are made in such manner so as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the Public Officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in the possession of such person at all reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted, or any lawful order issued, pursuant to the provisions of this article.
C. 
Determination of unfitness for use or occupancy. For the purposes of this article, the Public Officer may determine that a building is unfit for human habitation, use or occupancy if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or to other residents of the Borough. Such conditions may include the following, without limiting the generality of the foregoing: the hazards of fire, accident or other calamities, dilapidation and deterioration.
D. 
Charges and hearing. Whenever a petition is filed with the Public Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the Borough charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Public Officer, on his own motion, that any building is unfit for human habitation or occupancy or use, the Public Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of, and parties in interest in, such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer, or his designated agent, at a place therein fixed, not less than 10 days nor more than 30 days after the serving of said complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts of the State of New Jersey shall not be controlling in hearings before the Public Officer.
E. 
Findings of fact and order. If, after the notice and hearing provided for in Subsection D above, the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
(1) 
The repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order, or, at the option of the owner, to vacate or to have said building vacated and closed within the time set forth in the order.
(2) 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in said order of removal.
F. 
Failure of owner to comply with order to repair or vacate. If the owner fails to comply with an order requiring him to repair, alter or improve or, at his option, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved, or to be vacated and closed, and may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
G. 
Failure of owner to comply with order to remove or demolish. If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
H. 
Lien of municipality.
(1) 
The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this article determined in favor of the Borough of Roselle; and the cost of any such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, undertaken pursuant to Subsections F and G hereof or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof shall be a municipal lien against the real property upon which such cost was incurred.
(2) 
If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement (herein called the "municipal lien certificate") of the aforesaid costs and the amount so due shall be filed by the Public Officer with the Municipal Tax Assessor of the Borough of Roselle, and a copy thereof shall be forthwith forwarded by the Public Officer to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited with the Clerk of the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such court and shall be disbursed according to the order of judgment of the court to the persons found to be entitled thereto by final order or judgment of such court; provided, however, that nothing contained in this article shall be construed to limit or impair in any way the power of the Borough to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days of the date of the filing of the municipal lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
I. 
Certificate of necessity.
(1) 
Who may apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this article without having a right of access to the premises through or across adjoining premises not owned by him or under his control and where right to access has been refused such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of an affidavit by such owner, operator or occupant with the Public Officer, setting forth the facts and applying for a certificate of necessity, the Public Officer shall serve written notice of a hearing on said application upon the applicant for such certificate and upon the owner or persons empowered to grant such access. Said notice of hearing shall state the matters to be considered at said hearing and shall be served in the manner prescribed for the service of complaints and orders by N.J.S.A. 40:48-2.7, except that the Public Officer shall not be required to record or lodge a copy of such notice with the county recording officer of the County of Union. At least 10 days' notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the Public Officer in the exercise of reasonable diligence, at least 30 days' notice thereof shall be given, calculated from the date of the first newspaper publication thereof;
(2) 
Hearing. On the day fixed for hearing, the Public Officer shall provide opportunity for the owner or person empowered to grant such access or to state why such access should not be granted.
(3) 
Issuance of certificate conditions. If the Public Officer determines that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this article, then the Public Officer shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the Public Officer deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set forth for the bond shall take into consideration the extent, nature and duration of the repair and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the Public Officer.
(4) 
Refusal to comply with certificate. Any refusal to comply with a certificate issued hereunder, or any interference with the purpose for which a certificate is issued, shall be a violation of this article, and in addition to the penalties provided hereunder, the Public Officer may, upon affidavit setting forth the facts, apply to the Judge of the Borough of Roselle or the Superior Court of New Jersey for a warrant authorizing access, and if the Judge is satisfied as to the matters set forth in said affidavit, he shall authorize the issuance of a warrant permitting access.
J. 
Service, oaths, rules and regulations. Complaints, orders and certificates of necessity issued by the Public Officer pursuant to this article shall be served and recorded or lodged for the record in the manner prescribed in N.J.S.A. 40:48-2.7. The Public Officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out the purposes and provisions of this article, including but not limited to the following, in addition to others herein granted: to administer oaths and affirmations, to examine witnesses and receive evidence and to make and adopt such written rules and regulations as he may deem necessary, and the Borough Council approves by resolution, for the proper enforcement of the provisions of this article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article nor in anywise alter, amend, add to or supersede any of the provisions hereof. The Public Officer shall file a certified copy of all such rules and regulations in his office and in the office of the Borough Clerk.
K. 
Annual review of code provisions and operations. The Public Officer shall submit to the Borough Council each year, an annual report of his activities during the preceding calendar year, which said report shall include such recommendations as he may have with reference to proposed amendments to this article.
Notwithstanding anything contained in this article, the provisions thereof shall not apply to any land located in an industrial zone and existing in its natural state.
The service of orders for the correction of violations of this article shall be made upon the owner, occupant or other persons responsible for the conditions, either by delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises or by sending it by mail to the owner, occupant, operator or other parties in interest.
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or both such fine and imprisonment, in the discretion of the Judge of the Municipal Court.