[Ord. No. 90-1 § 1; Ord. No. 12-15 § 1]
This chapter shall be known as the "Property Maintenance Code
of the Borough of Woodland Park" and may be referred to in this chapter
in the short form as the "Code" or "chapter."
[Ord. No. 90-1 § 1; Ord. No. 12-15 § 1]
Experience and observations have shown that lack of maintenance
of real property may lead to progressive deterioration and loss of
property values. Through the establishment of the regulations and
restrictions contained herein, the desirability of residential and
nonresidential uses and the amenities of neighborhoods will be enhanced,
and the general health, safety and welfare of all residents will be
fostered and protected.
[Ord. No. 90-1 § 1; Ord. No. 12-15 § 1]
The purpose of this chapter is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance and condition of residential and nonresidential
premises. It fixes certain responsibilities upon owners, operators,
occupants and other persons. It authorizes and establishes procedures
for the inspection of residential and nonresidential premises. It
fixes penalties for the violations of this chapter and provides procedures
for correcting violations in those cases requiring municipal action.
This chapter is hereby declared to be protective, preventive and essential
for the public interest, and it is intended that this chapter be liberally
constructed to effectuate the purposes stated herein.
[Ord. No. 90-1 § 2; Ord. No. 12-15 § 2; Ord. No. 2017-27 § 1]
a.
Words and terms in this chapter which are defined in the Zoning Ordinance
of the Borough of Woodland Park are consistent in definition.
b.
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
FRONT YARD
GARBAGE
INFESTATION
INVASIVE PLANTS
NUISANCE
(a)
(b)
(c)
(d)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
The following terms, wherever used herein or referred to in this
Code, shall have the respective meanings assigned to them, unless
a different meaning clearly appears from the context:
shall mean the condition or appearance of a building or part
thereof characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting or other evidence of physical decay or neglect, lack
of maintenance or excessive use.
shall mean any premises, or any part of any premises, which
may be lawfully viewed by the public or any member thereof.
shall mean those portions of a building which are exposed
to public view and the open space of any premises outside of any building
erected thereon.
shall mean the control and elimination of insects, rodents
and vermin.
shall mean that space on the same lot with a principal building
situated between the front street line or lines and the front line
of the building projected to the side property lines. The depth of
the "front yard" shall be measured along a line perpendicular to the
front street line from the point of the foundation of the structure
or building farthest from such street line.
shall mean animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
shall mean the presence of rodents, vermin or other pests
on the premises which constitutes a health hazard.
shall mean all native and non-native vines and vegetation
that grow beyond the boundaries of the property lines and are competitive,
persistent and pernicious. These plants may damages trees, vegetation
and structures. Examples include, but are not limited to: bamboo (spreading
or running type), ragweed, multi flora rose, kudzu-vine and poison
ivy or oak.
[Ord. No. 2017-27 § 1]
shall mean:
Any condition so defined by common law, the statutes of the
State of New Jersey or the ordinances of the Borough of Woodland Park.
Any condition which may prove attractive but detrimental to
the health or safety of children, whether in a building, on the premises
of a building or upon an unoccupied lot.
Physical conditions dangerous to human life or detrimental to
health or persons on or near the premises where the condition exists.
Conditions which render air, food or drink unwholesome or detrimental
to the health of human beings.
shall mean any person having actual possession of a property
(home, apartment, building, and/or lot).
shall mean any person who has charge, care of or control
of a dwelling or premises, or any part thereof, with or without the
knowledge and/or consent of the owner.
shall mean any person or entity who, alone or jointly or
severally with others, has legal or equitable title in any form to
any premises, with or without actual possession thereof, or shall
have charge, care or control of any dwelling or premises as owner
or agent of the owner, including but not limited to a fiduciary, executor,
administrator, trustee, receiver or guardian of the estate or as a
mortgagee in possession.
shall mean possessing property, which shall include but not
be limited to: a lot, plot or parcel of land, including the buildings
or structures thereon. This definition shall include the possession
of an apartment or home.
shall mean all nonputrescible solid wastes, including but
not limited to abandoned vehicles and recreational devices and parts
thereof, abandoned machinery and parts thereof, household furnishings,
dead animals, debris, junk, appliances, rubbish, scrap lumber, stumps,
tires, trash, grass and yard clippings. (See also "garbage.")
[Ord. No. 90-1 § 3; Ord. No. 12-15 § 3]
All structures and premises, residential, commercial and industrial
shall comply with the provisions of this chapter, whether or not those
structures and premises have been constructed, altered or repaired
before or after the enactment of this chapter and irrespective of
any permits or licenses which may have been issued for their use or
occupancy prior to the effective date of this chapter. (Amending Ordinance
No. 12-15, codified herein, was adopted September 19, 2012). Vacant
lots, lands and premises are also required to comply with the provisions
of this chapter.
[Ord. No. 90-1 § 4; Ord. No. 12-15 § 4]
In any case where the provisions of this Code impose a higher
standard than set forth in any other ordinance of the Borough of Woodland
Park or under the laws or regulations of the State of New Jersey,
then the standards as set forth herein shall prevail. If the provisions
of this Code impose a lower standard than any other ordinance of the
Borough of Woodland Park or of the laws and regulations of the State
of New Jersey, then the higher standard contained in any such ordinance
or law shall prevail.
[Ord. No. 90-1 § 5; Ord. No. 12-15 § 5]
No certification of compliance with this Code shall constitute
a defense against any violation of any other ordinance of the Borough
of Woodland Park applicable to any structure or premises.
[Ord. No. 90-1 § 6; Ord. No. 12-15 § 6]
Owners and operators shall have all the duties and responsibilities
as prescribed in this Code, and no owner and operator shall be relieved
from any such duties and responsibilities nor be entitled to defend
against any charge of violation thereof by reason of the fact that
the occupant is also responsible therefor and in violation thereof.
[Ord. No. 90-1 § 6; Ord. No. 12-15 § 6]
Occupants shall have all the responsibilities and duties as
prescribed in this Code, and the occupant shall not be relieved from
any such duties and responsibilities nor be entitled to defend against
any charge of violation thereof by reason of the fact that the owner
or operator is also responsible therefore and in violation thereof.
[Ord. No. 90-1 § 6; Ord. No. 12-15 § 6]
Unless expressly provided to the contrary in this Code, the
respective obligations and responsibilities of the owner and operator
on the one hand and the occupant on the other shall not be altered
or affected by any agreement or contract by and between any of the
aforesaid or between them and other parties.
[Ord. No. 90-1 § 7; Ord. No. 12-15 § 7]
It shall be the duty of the owner, operator and/or occupant
to keep the exterior of the premises free of nuisance which include,
but are not limited to, the following:
a.
Garbage and/or refuse.
b.
Natural growth, such as dead and dying or storm-damaged trees and
limbs or other growth, which by reason of its condition or nature,
constitutes a hazard to persons lawfully in the vicinity. Trees shall
be kept pruned and trimmed to prevent such conditions. Owners of vacant
premises must keep them free of nuisances.
c.
Overhanging objects and accumulations of ice and/or snow which, by
reason of their location above ground level, constitute a danger of
falling on persons lawfully in the vicinity.
d.
Ground surface hazards, such as holes, excavations, breaks and projections
on residential premises within five (5) feet of an unfenced property
line or on any part of a nonresidential premises to which the public
has lawful access.
e.
Sources of infestation, including all environments and conditions
conducive to the increase or spread of vermin.
[Ord. No. 90-1 § 7; Ord. No. 12-15 § 7; Ord. No. 13-13; Ord. No. 2017-18]
It shall be the duty of the owner, operator and/or occupant
to keep and maintain the exterior of the premises and structures so
that the appearance of the same shall not constitute a blighting factor,
including but not limited to the following:
a.
Storage of Commercial and Industrial Material. The front, side and
back yard, driveway, walks or other parts of the outside premises
of any building or upon any lot on which no building is located shall
not contain any boxes, barrels, sticks, stones, bricks, bottles, cans,
metal drums, iron pipe, old scrap metal, old furniture, auto parts,
old tires, unused lumber or any other equipment or materials relating
to commercial or industrial uses, unless permitted under the Zoning
Ordinance.
b.
Storage of Garbage, Refuse and Debris. No garbage, refuse and/or
debris, as they are defined in this chapter, shall be stored within
twenty-five (25) feet from the curbline, except if it is kept in the
side yard or back yard, or is placed at the curb for collection.
c.
Landscaping.
1.
Landscape features other than lawn shall not exceed fifty (50%) percent
of the front yard area. The lawn shall be located adjacent to the
public right-of-way. Fifty (50%) percent of all required pervious
area within a lot shall be lawn.
2.
Patios are not permitted within the front yard or side yard of any
interior lot. Patios may be permitted within the side yard of a corner
lot when properly fenced or screened. A patio is defined as an exterior
recreation area that adjoins a dwelling or accessory structure, is
unroofed, is at ground level or elevated by land or retaining walls,
is impervious or semi-impervious, may contain furniture and can be
adapted to outdoor dining.
3.
Premises shall be kept from becoming overgrown and/or unsightly.
Vegetation along the public right-of-way shall be kept form becoming
a hazard to pedestrians and motorists.
[Ord. No. 2017-18]
d.
General Maintenance. The exterior of every structure shall be maintained
in good repair for purposes of preservation and appearance and free
of conditions reflective of deterioration or inadequate maintenance,
including but not limited to, broken glass, excessive peeling or deteriorated
paint, loose shingles and crumbling stone or brick.
e.
Front Yard Parking; Commercial Vehicle Parking.
1.
No person shall park any motor vehicle or boat in any front yard
area except on driveways constructed and installed in compliance with
Borough Ordinances, and no driveway shall be wider than fifty (50%)
percent of the front yard width of any property.
2.
The parking of commercial vehicles is prohibited in residential zones,
except for the exemptions that are provided in other Borough Ordinances.
[Ord. No. 2017-27 § 2]
All persons must control the growth of invasive plants. Failure
to control the spread of such vegetation beyond the boundaries of
a resident's property line is a violation of this chapter. Each
owner shall be required to take such measures as are reasonably expected
to prevent such plants from invading or growing onto adjoining or
neighboring properties. Such measures shall include, but not be limited
to, installation of sheathing impenetrable by plants at a sufficient
depth, which shall be a depth of a minimum of three (3) feet, within
the property line or lines where invasive plants are growing to prevent
the growth or encroachment upon adjoining or neighboring property
by the invasive plants.
[Ord. No. 90-1 § 8; Ord. No. 12-15 § 8]
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the municipality or its officers or agencies
relating to the removal or demolition of any building or structure
which is deemed to be dangerous, unsafe or unsanitary.
[Ord. No. 90-1 § 9; Ord. No. 12-15 § 9]
The Municipal Administrator of the Borough of Woodland Park
is hereby designated as the officer in charge with the enforcement
of this Code and is hereinafter referred to as the "Enforcement Officer."
The Construction Code Official of the Borough of Woodland Park, Building
Subcode Official, Municipal Engineer, all members of the Police Department
and authorized inspectors of the Fire Department and Health Officers
of the Borough of Woodland Park are hereby designated as Assistant
Enforcement Officers for the purposes of the enforcement of this Code.
[Ord. No. 90-1 § 9; Ord. No. 12-15 § 9]
The Enforcement Officer shall cause to be made such inspections
of premises within the Borough as he shall deem necessary to effect
compliance with this chapter and shall have the authority to use the
services of any public authority in the enforcement of this Code.
[Ord. No. 90-1 § 9; Ord. No. 12-15 § 9]
Following inspection, if the enforcement officer determines
that the premises are not in compliance with this chapter, he shall
then issue and cause to be served upon the owner, operator and/or
occupant of the premises a written notification that shall contain
a description of the property affected, sufficiently definite in terms
to identify it, the nature of the violation and the correction action
sought allowing fifteen (15) days (exclusive of the day of service)
for its correction. Where the violation or condition existing on the
premises is of such a nature as to constitute an immediate threat
to life and limb unless abated without delay, the Public Officer may
either abate the violation or condition immediately or order the owner,
operator or occupant to correct the violation or condition within
a period of time not to exceed three (3) days, and upon failure to
do so, the Public Officer shall abate the condition immediately thereafter.
[Ord. No. 90-1 § 9; Ord. No. 12-15 § 9]
In the case of an owner or operator, the notice may be served
personally upon him or by registered mail or certified mail, addressed
to his last known address. If, after due diligence, the last known
address cannot be ascertained, the notice may be posted on the outside
front entrance of the structure. Personal service of the notice may
be upon a member of the family or the owner or operator over fourteen
(14) years of age, residing in the same dwelling unit with the owner
or operator, as the case may be. In the case of the occupant, notice
may be mailed or delivered to him at his place of business or posted
to the door of the occupant's premises.
[Ord. No. 90-1 § 10; Ord. No. 12-15 § 10]
Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Enforcement Officer may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or upon failure to do so, the Enforcement Officer shall abate the condition subject to the provisions of Section 18-11 of the within chapter.
[Ord. No. 90-1 § 11; Ord. No. 12-15 § 11]
Where abatement of any nuisance, as defined herein, correction
of a defect in the premises or work necessary to place the premises
in a proper condition so as to conform to ordinances of the Borough
or applicable laws of the State of New Jersey requires expending Borough
monies, the Construction Code Official and/or Superintendent of Public
Works shall present a report of work proposed to be done to accomplish
the foregoing to the Mayor and Municipal Council with an estimate
of the cost, along with a summary of the proceeding undertaken by
the Enforcement Officer to secure compliance, including notices served
upon the occupants, owners, operators or their agents, as the case
may be. The Mayor and Municipal Council may thereupon, by resolution,
authorize the abatement of the nuisance, correction of the defect
or work necessary to place the premises in proper condition and in
compliance with the Code. The Construction Code Official and/or Superintendent
of Public Works shall thereafter proceed to have the work performed
in accordance with the resolution at municipal expense, not to exceed
the amount specified in the resolution, and shall, upon completion
thereof, submit a report of the moneys expended and costs to the Mayor
and Municipal Council. After review of the report, the Mayor and Municipal
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 shall be
certified by the Municipal 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 shall be sent by certified mail,
return receipt requested, to the owner of the effected premises.
[Ord. No. 90-1 § 12; Ord. No. 12-15 § 12; Ord. No. 2017-19 §§ 1, 2; Ord. No. 2017-27 §§ 3, 4]
a.
Where any owner, operator or occupant fails to comply with an order
issued pursuant to this chapter, he shall be deemed in violation of
this chapter and shall be subject to the penalties provided herein.
It shall be the duty of the Enforcement Officer to cause a summons
to be issued from the Municipal Court for such violations, but nothing
contained herein shall limit the power of the Enforcement Officer
to take such further action under the criminal and civil laws of this
State through any court of competent jurisdiction as may be necessary
to remove or abate any nuisance.
b.
Invasive Plants.
1.
Whenever an invasive plant as defined in this chapter is found on
any plot of land, lot or any other premises or place, a violation
shall be given to the owner, in writing to remove or abate the same
within such time as shall be determined by the enforcing officer.
2.
The cost of abatement shall be borne by the property owner.
3.
If the owner fails to comply within the time specified therein, the
enforcing official may remove or otherwise control the invasive plant
species, and the Borough may thereafter recover the cost of such removal
from the property owner and place a lien on the property to recover
the cost of the invasive plant.
[Ord. No. 2017-27 § 3]
c.
Failure to Abate Violation Upon Conviction.
Upon failure of the violator to remove said violation after
conviction, the Code Enforcement Officer shall serve notice of the
Borough's intent to enter upon the property and remove said violation.
Notice shall be sent to the violator via certified and regular mail
and shall also be hand delivered by a Police Officer ten (10) days
prior to the proposed removal.
The Code Enforcement Officer shall keep a detailed record of
the costs thereof and when the Borough has affected the removal and/or
disposal of said violation, shall submit the costs to the Borough
Clerk for review of the Governing Body. The Governing Body shall examine
the same and if it is found proper, shall confirm and forward to the
Tax Collector to place as a municipal lien upon the property. Such
amount shall bear interest at the same rate as taxes and shall be
collected in the same manner as taxes.
[Ord. No. 2017-19 § 1]
d.
Each violation of any of the provisions of this chapter and each
day that the violation exists shall constitute a separate and distinct
offense and shall be punishable by a fine not to exceed five hundred
($500.00) dollars per day and per offense, levied against the owner,
operator or occupant, with a minimum fine of one hundred ($100.00)
dollars per day.
[Ord. No. 2017-27 § 4]
e.
Where abatement of any nuisance, as defined herein was accomplished
and premises brought into compliance with this chapter through the
expenditures of Borough funds, such costs shall be assessed against
the premises cited as a lien in the same manner as real estate taxes.
[Ord. No. 2017-19 § 2; Ord. No. 2017-27 § 4]
[Ord. No. 90-1 § 13; Ord. No. 12-15 § 1]
Upon issuance of a notice of violation pursuant to this chapter,
the property owner, operator or occupant shall correct the condition
and notify the enforcement officer that said condition has been corrected.
A compliance inspection shall then be made. Should full compliance
not be achieved at the time of said inspection, the Borough shall
be reimbursed by the property owner for the cost of all re-inspections.
Failure to reimburse the Borough shall result in a lien for said cost
being placed against the property in the same manner as real estate
taxes.
[Ord. No. 90-1 § 14; Ord. No. 12-15 § 14]
There shall be no fee for an initial compliance inspection made
following the issuance of a notice of violation required pursuant
to this chapter. Fees for subsequent inspections to determine compliance
shall be twenty-five ($25.00) dollars for the first inspection and
shall increase in increments of twenty-five ($25.00) dollars for subsequent
inspections.
[Ord. No. 11-08 § 1]
The following definitions will apply to the interpretation of
this section:
shall mean and include the Board of Health Officer or other
official authorized by the Woodland Park Board of Health to enforce
this section.
shall mean and include an individual, firm, corporation,
association, society, partnership and their agents or employees.
The following matters, things, conditions or acts and each
of them are hereby declared to be a nuisance and injurious to the
health of the inhabitants of this municipality:
Any matter, thing, condition or act which is or may become detrimental
or a menace to the health of the inhabitants of this municipality;
Pollution or existence of a condition or conditions which cause
or threaten pollution of the airways or any waters in this municipality
in such a manner as to cause or threaten injury to any of the inhabitants
of this municipality, either in their health, comfort or property;
The escape into the open air from any stack, vent, chimney or
any entrance to the open air or from any fire of such quantities of
smoke, fly ash, dust, fumes, vapors, mists or gases as to cause injury
or detriment or noise to the inhabitants of this municipality or endanger
their comfort, health or safety;
The growth, existence or presence of ragweed on any plot of
land, lot, highway, right-of-way or any other public or private place;
The existence or presence of any water or other liquid in which
mosquito larvae breed or exist;
The existence or presence of any accumulation of garbage, refuse,
manure or animal or vegetable matter which may attract flies and to
which flies may have access or in which fly larvae or pupae breed
or exist; and
Depositing, accumulating or maintaining any matter or thing
which serves as food for insects or rodents and to which they may
have access or which serves or constitutes a breeding place or harborage
for insects or rodents in or on any land, premises, building or other
place.
|
It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance as declared and described in this section.
|
[Ord. No. 11-08 § 2]
a.
All places and premises in this municipality shall be subject to
inspection by the Board of Health or the enforcing official if the
Board or that official has reason to believe that any subsection of
this section is being violated.
b.
It shall be unlawful for any person to hinder, obstruct, delay, resist
or prevent the Board of Health or the enforcing official from having
full access to any place or premises upon which a violation of this
section is believed to exist.
[Ord. No. 11-08 § 3]
a.
Whenever a nuisance, as declared by subsection 18-15.1 of this section is found on any plot of land, lot, right-of-way or any other private premises or place, notice, in writing, shall be given to the owner thereof to remove or abate same within such time as shall be specified herein, but not less than five (5) days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place. If the owner resides out of the State or cannot be so notified in due course or in a timely manner, such notice shall be left at that place or premises with the tenant or occupant or posted on the premises, as such action shall be considered proper notification to the owner, tenant or occupant thereof.
b.
If the owner, tenant or occupant, upon being notified as provided
by the section, shall not comply with such notice within the time
specified herein and fails to remove or abate such nuisance, the Board
of Health shall proceed to abate the nuisance or may cause it to be
removed or abated by such means as the Board shall deem proper including
the issuance of a summons to the property owner for violation of this
section.
[Ord. No. 11-08 § 4]
The Board of Health may institute an action at law to recover costs incurred by the removal or abatement of any nuisance as defined under subsection 18-15.1 of this section from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of the premises who, after notice and notification as herein provided, shall fail to remove and abate same within the time specified in such notice.
[Ord. No. 11-08 § 5]
The provisions of this section shall be enforced by the Board
of Health or its duly appointed enforcing official.
[Ord. No. 11-08 § 6]
Any person who violates or neglects to comply with any of the provisions of this section shall upon being issued a proper summons as identified in subsection 18-15.3b of this section by the appropriate official and be liable, upon conviction, for a penalty of not more than one hundred ($100.00) dollars for each violation.
[Ord. No. 2017-33]
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Part 1. Registration of Vacant Properties
|
As used in this section, the following terms shall have the
meanings indicated:
As defined in accordance with the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et. seq., shall mean the following:
Except as provided in Section 6 of P.I. 2003, c. 210 (N.J.S.A.
55:19-83), any property that is not legally occupied and which meets
any one of the following additional criteria may be deemed to be abandoned
property upon a determination by the Public Official:
The property is in need of rehabilitation in the reasonable
judgment of the Construction Official, and no material rehabilitation
has taken place during the six (6) month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no material construction has taken place for at least six (6)
consecutive months as of the date of a determination by the Public
Official pursuant to this section;
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statues (see N.J.S.A. 54:4-1 et. Seq.) as of the date of a determination by the Public Official pursuant to this section; or
The property has been determined to be a nuisance by the Public
Official in accordance with Section 5 of P.I. 2003, c. 210 (N.J.S.A.
55:19-82).
A property which contains both residential and non-residential
space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A.
55:19-78 et. seq.) so long as two-thirds (2/3) or more of the total
net square footage of the building was previously legally occupied
as residential space and none of the residential space is legally
occupied at the time of the determination of abandonment by the Construction
Official and the property meets the criteria of either paragraph 1
(a) or paragraph 1 (d) herein.
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant. Such evidence would include, but is not limited
to, evidence of the existence of two (2) or more of the following
conditions at a property: overgrown or dead vegetation; accumulation
of newspapers, circulars, flyers or mail; past-due utility notices
or disconnected utilities; accumulation of trash, junk or debris;
the absence of window coverings such as curtains, blinds or shutters;
the absence of furnishings or personal items consistent with residential
habitation; statements by neighbors, delivery agents, or government
employees that the property is vacant or abandoned; infestation by
insects, vermin, rats or other pests; windows or entrances that are
boarded up or closed off; multiple window panes that are damaged,
broken or unrepaired; doors that are smashed, broken, unhinged or
continuously unlocked; or any uncorrected violations of a municipal
building, housing or similar code during the preceding year.
Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et. seq., shall also be deemed to be vacant
property for the purposes of this section.
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 C. 46:10B-51 (P.L. 2008 c. 127
S17) a debtor in possession or any other entity determined by the
Borough of Woodland Park to act with respect to the 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 (3) 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 (3) 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.
a.
The owner of any vacant property as defined herein shall, within thirty (30) days after the building becomes vacant property or within thirty (30) days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Borough of Woodland Park on forms provided by the Borough of Woodland Park for such purposes. The owner shall be required to renew the registration semi-annually as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 18-16.4 of this section for each vacant property registered. The initial and renewal fees shall be prorated and or credited accordingly upon legal occupancy.
b.
The owner shall notify the Borough of Woodland Park within thirty
(30) days of any change in the registration information by filing
an amended registration statement on a form provided by the Borough
of Woodland Park for such purpose.
c.
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough of Woodland Park against
the owner or owners of the building.
a.
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 Woodland Park Code Enforcement Officer if requested,
following reasonable notice, during the period covered by the initial
registration or any subsequent renewal. If an inspection is requested
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 Continued
Certificate of Occupancy inspection as provided in the applicable
provisions of the Code of the Borough of Woodland Park.
b.
The registration statement shall include the name, street address,
and telephone number of a natural person 21 years of age 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. The designated agent must have a contact number that will be
available twenty-four (24) hours per day on an emergency basis. The
statement shall also include the name of the person responsible for
maintaining and securing the property, if different from the designated
agent.
c.
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
(24) hour emergency basis may designate himself or herself as agent.
d.
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 Woodland Park 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.
e.
The registration shall remain valid for twelve (12) months from the
date of registration. The owner shall be required to renew the registration
every twelve (12) months as long as the building remains vacant property
and shall pay a registration or renewal fee in the amount prescribed
herein for each vacant property registered.
The initial registration fee for each building shall be $500.00.
The fee for the first renewal is $1,500.00. The fee for any subsequent
renewal is $5,000.00. Initial fee according the month of registration
and renewal fees shall be every 12 months there after.
|
Vacant and Abandoned Property Registration Fee Schedule
| |
|---|---|
|
Registration
|
Fee
|
|
Initial registration
|
$ 500.
|
|
First renewal
|
$ 1,500.
|
|
Any subsequent renewal
|
$ 5,000.
|
a.
The owner of any building that has become vacant and abandoned property,
and any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, immediately:
1.
Post a sign affixed to the inside of 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 subsection 18-16.3 of this section), 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 15 inches by 17 inches; and
2.
Enclose and secure the building against unauthorized entry as provided
in the provisions of the Code of the Borough of Woodland Park and
maintain the sign required in paragraph a1 above until the building
is again legally occupied or demolished or until repair or rehabilitation
of the building is complete; and
3.
Make provision 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 Woodland Park; and;
4.
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Borough of Woodland Park for
the delivery of circulars and advertisements to the property; and
5.
Make provision 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
6.
Make provision for the cessation of electric or gas utility services
to the property; other than buildings with a fire sprinkler system,
and
7.
Make provision for the regular maintenance of the exterior of the
property.
a.
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 shall be subject to a fine of not less
than $500.00. And not more than $ 1,000.00. 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.
b.
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 subsection 18-16.5 of this section, or such other matters as may be established by the rules and regulations of the Borough of Woodland Park shall be deemed to be a violation of this section.
Nothing in this section is intended to nor shall be read to
conflict or prevent the Borough of Woodland Park from taking action
against buildings found to be unfit for human habitation or unsafe
structures as provided in applicable provisions of the Code of the
Borough of Woodland Park and/or the Uniform Construction Code. Further,
any action taken under any such code provision other than the demolition
of a structure shall not relieve an owner from its obligations under
this section.
|
Part 2. Responsibilities of Creditors
|
a.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. This obligation applies whether the determination that the property is vacant and abandoned is made is made by the Public Officer pursuant to Chapter 18 "Property Maintenance," Chapter XVII "Building and Housing," N.J.S.A. 2A:50-73, or otherwise,
b.
If the creditor is located out-of State, the creditor shall be responsible
for appointing an in-State representative or agent to act for the
foreclosing creditor.
c.
An out-of-State creditor shall include the full name and contact
information of the in-State representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to N.J.S.A.
46:10B-51(a)(1).
d.
An out-of State creditor found by the Municipal Court, or by any
other court of competent jurisdiction, to be in violation of any provision
of this section shall be subject to a fine of $ 2,500.00. For each
day of the violation, commencing on the day after the ten(10) day
period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice
to the Municipal Clerk that a summons and complaint in an action to
foreclose has been served.
e.
A Public Officer appointed pursuant to N.J.S.A. 40:48-2.3 et. seq.
or any Enforcement Officer described in this section, shall be authorized
to issue a notice to the creditor filing the summons and complaint
in an action to foreclose, if the Public Officer or Enforcement Officer
determines that the creditor has violated this section by failing
to provide for the care, maintenance, security, and upkeep of the
exterior of the property. The notice shall require the person or entity
to correct the violation within thirty (30) days of receipt of the
notice, or within ten (10) days of receipt of the notice if the violation
presents an imminent threat to public health and safety. The issuance
of this notice shall constitute proof that a property is "vacant and
abandoned" for purposes of N.J.S.A. 2A:50-73.
f.
A creditor found by the Municipal Court, or by any other court of
competent jurisdiction, to be in violation of the requirement to correct
a care, maintenance, security, or upkeep violation cited in a notice
issued pursuant to paragraph a. shall be subject to a fine of $ 1,500.00.
For each day of the violation commencing thirty-one (31) days following
receipt of the notice, except if the violation presents an imminent
risk, to the public health and safety, in which case any fines shall
commence eleven (11) days following receipt of the notice.
|
Part 3. Municipal Powers to Rehabilitate Abandoned Properties
|
The Borough of Woodland Park hereby grants to itself all such
powers granted to municipalities by the State of New Jersey for the
rehabilitation of abandoned property. Such powers are set forth, inter
alia, in the "Abandoned Properties Rehabilitation Act" (N.J.S.A. 55:19-78
et seq.) and in applicable portions of the "New Jersey Urban Development
Corporation Act" (N.J.S.A. 55-19-1 through 77). These state statutory
powers are collectively referred to herein as the "enabling statutes".
The Public Officer as defined in N.J.S.A. 55:19-80, who is responsible
for executing the provisions of this chapter for the rehabilitation
of abandoned property, shall be designated by resolution of the Borough
Council.
The Public Officer shall designate a property as an "abandoned
property" if said property meets the criteria set forth in N.J.S.A.
55:19-81 (abandoned property criteria) and/or N.J.S.A. 55:19-82 (nuisance
property criteria). The Public Officer's designation is limited
by the provisions of N.J.S.A. 55:19-83.
The Public Officer shall establish an Abandoned Property List
pursuant to N.J.S.A. 55:19-55. An interested party (as that term is
defined in N.J.S.A. 55:19 — 105a) may request that
the Public Officer include a property on the Abandoned Property List,
pursuant to N.J.S.A. 55:19-105.
a.
Borough of Woodland Park has such powers and rights regarding abandoned
properties as set forth in the enabling statutes. Such powers include
but are not limited to:
1.
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
2.
Special tax sales, pursuant to N.J.S.A. 55:19-101;
3.
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
4.
Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100
5.
Possession and control of property, pursuant to N.J.S.A. 55:19-84
to 55:19¬92 et. seq.;
6.
Rehabilitation and reuse of property, while in possession and control,
pursuant to N.J.S.A. 55:19-90;
7.
Borrowing money and making applications for rehabilitation of property,
while in possession and control, pursuant to 55:19-91;
8.
Sale of property, pursuant to N.J.S.A. 55:19-96;
9.
Purchase of property, pursuant to N.J.S.A. 55:19-96;
10.
Recover rehabilitation costs by lien on property, pursuant to
N.J.S.A. 55:19-98
11.
Clearance, development, redevelopment or repair of property
through power of imminent domain, pursuant to N.J.S.A. 55-19:56, N.J.S.A.
55:19-102.
Nothing in this section is intended to or shall be read to conflict
of prevent the Borough from taking action against buildings found
to be unfit for human habitation or unsafe structures, as provided
in applicable provisions of the Code of the Borough of Woodland Park,
or imposing a lien for costs on any property to the full extent permitted
by law.
All references in this section to state statutes include reference
to all amendments thereto. References to particular sections of the
enabling statues are for ease of reference, but may not be exhaustive
and are not meant to be exclusive of other applicable statutory provisions
contained in the enabling statutes or elsewhere in the New Jersey
Statutes.
All ordinances or parts of ordinances of the Borough of Woodland
Park inconsistent herewith are repealed to the extent of such inconsistency.
If any subsection, clause or phrase of this section is for any
reason held to be unconstitutional or invalid by any court of competence
jurisdiction, such decision shall not affect the remaining portion
of this section.
[Ord. No. 2017-3, adopted
December 20, 2017]
This Section 18-16 shall take effect immediately upon final passage, approval and publication as required by law.
[1972 Code § 15-1]
No person shall own, operate, or manage any building or structure
within the Borough which is a multi-family building or structure,
without full compliance with the requirements of this chapter.
[1972 Code § 15-2]
The words, terms or phrases listed below for the purpose of
this chapter shall be defined and interpreted as follows:
a.
Building shall mean any building or structure, or part thereof, used
for human habitation, use, or occupancy and includes any accessory
buildings and appurtenances belonging thereto or usually enjoyed therewith.
b.
Dwelling shall mean a building or structure or part thereof containing
three (3) or more dwelling units or lodging units.
c.
Dwelling unit shall mean any room or group of rooms or any part thereof
located within a building and forming a single habitable unit with
facilities which are used, or designated to be used, for living, sleeping,
cooking and eating.
d.
Garbage shall mean the animal and vegetable and other organic waste
resulting from the handling, preparation, cooking and consumption
of food.
e.
Habitable room shall mean a room or enclosed floor space within a
dwelling unit used or designated to be used for living, sleeping,
cooking, or eating purposes, excluding bathrooms, water closet compartments,
laundries, pantries, foyers or communicating corridors, closets and
storage spaces.
f.
Infestations shall mean the presence, within or around a building,
of any insects, rodents or other pests.
g.
Multi-family building shall mean any building or structure containing
three (3) or more dwelling units.
h.
Occupant shall mean any person or persons in actual possession of,
and living in the building or dwelling unit, including the owner.
i.
Owner shall mean any person properly authorized to exercise powers
of, or for an owner, for the purposes of its purchase, sale, use,
occupancy, or maintenance.
j.
Person shall mean and include any individual, corporation, company,
association, society, firm, partnership, and joint stock company,
unless restricted by the context to an individual as distinguished
from a corporate entity, or specifically restricted to one (1) or
more of the above enumerated synonyms.
k.
Plumbing fixtures shall mean and include all installed receptacles
or devices which are supplied with water or which receive or discharge
liquid waste or sewage into the drainage system with which they are
directly or indirectly connected.
l.
Rubbish shall mean and include all combustible and noncombustible
waste material, except garbage.
m.
Utilities shall mean and include electric, gas, heating, water, and
sewage services, and equipment therefor.
[1972 Code § 15-3.1; Ord. No. 77-21 § I]
The Construction Official of the Borough is hereby designated
and authorized to administer and enforce the provisions of this chapter.
[1972 Code § 15-3.2; Ord. No. 77-21 § II]
The Construction Official of the Borough or his duly authorized
representatives, are hereby authorized and directed to make inspections
of all buildings and structures and the common walkways, halls, garages,
landscaped areas and lawns accessory thereto within the Borough. For
the purpose of making inspections, the Construction Official or his
duly authorized representatives may enter, inspect, examine and survey
any building or structures, common walkways, halls, garages, landscaped
areas and lawns at all reasonable times.
[1972 Code § 15-3.3]
The owner or lessor and occupant of any dwelling or dwelling
unit contained in a dwelling shall give the officer or officers free
access to the building and structures, common walkways, halls, garages,
landscaped areas and lawns, at all reasonable times. The inspection
shall be made as required to insure compliance with this chapter and
all other ordinances of the Borough and any and all State statutes
and to observe and inspect the compliance with any conditions or approval
received from any board or authority of the Borough.
[1972 Code § 15-4.1]
All multi-family buildings or structures, common walkways, halls,
garages, landscaped areas and lawns of premises which are or which
contain any defects dangerous, harmful or detrimental to the life,
safety, or health of the occupants of the premises or to the general
public, shall constitute a nuisance.
[1972 Code § 15-4.2; Ord. No. 77-21 §§ III—IX, XV; Ord.
No. 78-6 §§ I, II]
The owner or lessor of any multi-family building or structure,
shall, with respect to general maintenance of a building and the ground
surrounding the building:
a.
Keep and maintain the exterior of the dwelling or building, including
any masonry walls, clapboards, shingles, exterior studs, main cornices,
foundation walls, wood sills, corner posts, wood plates, supporting
rafters, roofing boards and covering, stoops, porches, flooring, railings,
stair treads, risers, posts, hand rails, balustrades, frames, sills,
stools, aprons, doors, door frames, fire escapes, and their flooring,
railings, ladders, passageways, weights, chains, and stairs, and the
joists and crossbeams of every dwelling or structure structurally
sound.
b.
Keep every dwelling or building and every part thereof, including
heating plants, fixtures and equipment for heating water, including
all chimneys and smoke pipes, doors, windows, foundations and rubbish
containers in sound repair and in a clean, sanitary condition.
c.
Maintain a dwelling or structure so that there shall not be excessive
heat loss caused by lack of proper maintenance of the doors, windows,
walls, roofs or other parts of the building.
d.
Refrain from shutting off, or cause to have disconnected or discontinued,
any utilities servicing any dwelling unit occupied in any multi-family
dwelling or structure, except where interruption of utility service
is necessary while in the actual process of making repairs, during
temporary emergency for which repairs are being made.
e.
Keep the basement, including all laundry rooms maintained therein,
or cellar, dry and ventilated, and clean and free from any accumulation
of filth, ashes, garbage, rubbish, refuse, junk, soil matter, wood,
paper, and any other matters of a combustible and noncombustible or
future putrefactive nature, and upon request therefor by the Construction
Official or the Health Officer or either of their agents, shall clean
and disinfect the same. The use of any cellar for sleeping purposes
is prohibited.
f.
Keep the porches, balconies, fire escapes, courts, yards, alleys,
areaways and passageways, clean and free from filth, ashes, garbage,
refuse, rubbish, junk, soil, water, slop, wood, paper, and all other
materials of a combustible or noncombustible or putrefactive nature,
and free from any and all fire accident hazards.
g.
Contractor equipment (dumpster or containers) shall be maintained
in good serviceable condition being cleaned and painted at regular
intervals. Containers in sufficient numbers as designated by the Construction
Official or authorized representatives, shall be placed at designated
locations and returned thereto upon being emptied. It shall be the
responsibility of the owners or lessors to insure the foregoing.
h.
Maintain and keep all chimneys, smokestacks, smokepipes, and flues
and all heating equipment of any dwelling, free from defect, and in
such condition as to prevent coal or illuminating gas, soot, smoke
or noxious fumes or odors from entering any dwelling or dwelling unit
or habitable room contained therein or any dwelling or dwelling unit
adjacent thereto.
i.
Keep the roof, gutters, leaders, sidewalks, windows, window frames
of any dwelling and every part thereof, structurally sound and free
from leakage or rain water. All drainage from any dwelling shall be
conveyed so as to prevent the flow of water upon the ground or onto
property adjacent thereto.
j.
Make, keep and maintain any dwelling and any dwelling unit contained
therein or any habitable room contained therein, vermin and rodent-free
and to exterminate the same to prevent infestation.
k.
Provide in every room and hall in every dwelling or dwelling unit,
a window or skylight, opening directly to the outer air. In the absence
of natural ventilation, every such room contained in any such dwelling
or dwelling unit shall be ventilated by mechanical means.
l.
Furnish window screens, as a preventive against fly and mosquito
and other insect infestation and keep the screening and panes in good
serviceable condition.
m.
Provide and maintain lawns, shrubbery and trees to reflect a high
standard of care and maintenance. It shall be the responsibility of
the owners or lessors to provide for competent personnel either through
employment or contracted services to schedule regular cutting of lawns,
trim shrubs and provide for the proper care and treatment of all times
of landscaping. Dead, dying or damaged items of landscaping shall
be removed or replaced to conform to landscape requirements set forth.
n.
Replace dead and dying trees and shrubs by a quantity and quality
on a unit to unit basis and remove all limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees and
shrubs shall be kept pruned and trimmed to prevent such conditions.
o.
Remove loose and overhanging objects and accumulations of ice and
snow, which, by reason of location above ground level, constitute
a danger of falling on persons in or about any portion of the premises
surrounding multi-family dwellings.
p.
Repair any holes, excavations, breaks or projections in or about
the premises upon any walkway, sidewalk, curb, roadway or parking
area, within forty-eight (48) hours after notification.
Clear any icy conditions brought about by inclement weather
conditions. Where removal of ice is not possible, area is to be subjected
to the application of salt, sand or grit to negate the hazard.
Accumulations of snow in excess of one (1) inch shall be removed
from walkways, steps, platforms and sidewalks within twelve (12) hours
of daylight after it has fallen.
Accumulations of snow in excess of three (3) inches shall be
removed from roadways and parking areas, including driveway approaches,
within twelve (12) hours of daylight after it has fallen.
Removal of accumulation will continue after snowfall and until
the accumulation is properly removed.
q.
Provide and maintain adequate runoff drains to eliminate any accumulation
of storm water.
r.
Maintain the exterior of the premises, and of any accessory structures,
so that the appearance of all buildings shall reflect a high level
of maintenance in keeping with the high residential standards of the
neighborhood, so that the appearance of the premises and structure
shall not constitute a blighting factor for the adjoining property
owners nor an element leading to the progressive deterioration of
the neighborhood.
s.
Maintain all lawns, hedges, bushes and shrubs by mowing and trimming
to avoid an overgrowth and unsightly appearance which may impair the
high residential character of the neighborhood.
t.
Maintain all signs, permitted by reason of other regulations, or
as lawful nonconforming use, in good repair, and all printed matter,
pictures and illustrations contained on any sign shall be completely
maintained, and when any sign shall not longer be in use, that sign
shall be completely removed.
u.
Generally maintain the exterior of every structure or accessory structure,
including any fences, in good repair, and all surfaces shall be kept
properly painted or whitewashed where necessary for purposes of preservation
and appearance. All structures or buildings shall be maintained free
of broken glass, loose shingles, crumbling stone or brick, peeling
paint or other conditions reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved and
all safety and fire hazards eliminated.
v.
Maintain all exterior walls, roofs, windows, window frames, doors,
door frames, foundations and other parts of any building or structure
so as to prevent water from entering the structure to prevent drafts.
Any damaged materials shall be repaired or replaced promptly. Any
places or spots showing signs of rot, leakage, deterioration or corrosion,
shall be restored and protected against weather and seepage.
w.
Maintain the interior stairs in any structure in a structurally sound
condition and free from defects. Handrailings and banisters shall
be provided for all stairs, balconies, fire escapes and stairways
and the handrails or banisters shall be securely attached and maintained
free from any defect and shall be of sufficient height to guard against
accidents and shall be appropriate for use by any persons of normal
height utilizing any stairway, balcony or fire escape. All stairs
shall be adequately lighted in all places.
x.
Keep, provide and maintain building superintendents, janitors, laborers,
caretakers and craftsmen in sufficient numbers and competence to satisfy
the demands of general maintenance and repair of the premises and
answer tenant complaints within a reasonable time.
Superintendents shall be regularly available to perform their
assigned duties during the working day and to provide for adequate
coverage of the premises at large on a twenty-four (24) hour a day
basis. Superintendents shall be provided on a basis of one (1) per
eighty (80) dwelling units. Janitors, laborers, caretakers and craftsmen
shall be provided for either through employment, or contracted services
as work load requires.
In addition to any requirements of the State of New Jersey "Truth
in Renting Act," telephone numbers of assigned superintendents will
be filed and registered with the Construction Official and Police
Department, for official and emergency use only. The phone number
of a superintendent shall not be made available or disclosed to the
public unless an emergency condition exists and the Construction Official
or Police Department is unable to make contact with the assigned superintendent
via the twenty-four (24) hour a day telephone service as hereinafter
provided.
Landlord is to keep an adequate telephone service available
twenty-four (24) hours a day seven (7) days a week, for tenants to
register requests or complaints relative to building maintenance and
superintendent services. The telephone number is to be made readily
available to all tenants.
y.
Maintain the water system in good and operable condition at all times
so that sufficient and positive pressure shall be available at all
installed hot and cold water faucets and flush toilets maintained
in every dwelling unit. For the benefit of a dwelling unit, water
heating facilities which are properly installed and are properly connected
to the hot water lines of every kitchen sink, lavatory basin, bathtub
and shower and which shall be maintained in a safe working condition
and capable of heating water at all times to such temperature as to
permit an adequate amount of water to be drawn at every required fixture
at a temperature of not less than one hundred twenty (120) degrees
Fahrenheit.
z.
Maintain any common laundry room, complete with tubs and all common
cleaning facilities and receptacles for the disposal of all waste
material. Any machines maintained in any common laundry room shall
be kept in good working order.
aa.
Provide access at all times to all meter rooms for emergency purposes.
Meter rooms where there are main disconnect switches for the purpose
of disconnecting power shall not be used as storage rooms and shall
be kept secure at all times by the locking of entry doors.
Heating plant rooms or spaces shall be kept free from dirt and
accumulations of materials. Same shall not be used for storage and
shall be secured by locking at all times.
bb.
It shall be the responsibility of the owners or lessors to prohibit
parking within twenty (20) feet of fire hydrants. Roadway and curbs
thereto shall be painted to designate no parking. Violators shall
be notified in the form of warning notice, and vehicle subjected to
towing at the owner's cost.
It shall be the responsibility of owners or lessors to prohibit
parking upon interior access roadways in order to provide free passage
of vehicular traffic at all times and more particularly to provide
clear access to fire fighting and other emergency equipment. Owners
or lessors shall properly post signs designating NO PARKING AT ANY
TIME and to enforce after due notices are rendered to tenant violators,
arrange to tow vehicles from the property at the cost of tenant.
cc.
Prohibit parking on any access roads so as to provide clear access
to all buildings for emergency purposes.
dd.
It shall be the responsibility of the owners or lessors to provide
for a designated superintendent to receive tenant complaints, and
to maintain accurate and complete records of the complaint. Record
shall indicate by date and time the nature of complaint and also the
actions taken to alleviate the condition also by date and time of
completed correction. The records shall be made available to the Construction
Official or authorized representatives at all times, upon request.
ee.
It shall be the responsibility of the owners or lessors to insure
that upon each new rental or movement of tenant that a new certificate
of occupancy be arranged for. The Construction Official will physically
inspect the dwelling unit to determine fitness of unit for rental
and issue new certificate of occupancy upon request. It shall be the
responsibility of the owner or lessor to arrange for free entry to
the unit and collect the fee from the tenant for remittance to this
office.
[1972 Code § 15-5.1]
Whenever the Construction Official or his duly authorized representative
shall determine that a building or structure, or common walkway, hall,
garage, landscaped area and lawn, or any other portion of the premises
constitutes a nuisance or contains a defect or defects in violation
of this chapter or violation of the condition of approval received
from any board or agency of the Borough, the Construction Official
shall give written notice thereof to the owner or lessor of the premises.
[1972 Code § 15-5.2; Ord. No. 77-21 § X]
A notice shall set forth the condition or conditions constituting
a violation of the provisions of this chapter and shall also specify
a reasonable time within which the owner or lessor, as the case may
be, shall abate, correct or eliminate such nuisance, defect or violation
of this chapter.
If the condition cannot be abated, corrected or eliminated within
the time specified by the notice it shall be at the discretion of
the Construction Official to extend the time period or assess a penalty
for nonconformance.
Penalties so assessed by the Construction Official shall be
not less than fifty ($50.00) dollars nor more than two hundred fifty
($250.00) dollars. Where the violation is of a continuing nature and
remains unabated, each day shall constitute a separate and distinct
violation, except during the time of appeal and hearing thereto. Failure
to pay the assessed penalty after due notification shall result in
a property lien being placed upon the properties in the dollar amount
assessed and the Borough through resolution of the Mayor and Council
may authorize the expenditure of municipal funds in a fixed amount
to be used to correct, abate or repair any violation, and provide
that the amount be charged forthwith as a lien upon the premises which
shall be added to and become a part of taxes to be assessed and levied
upon the premises. The amount shall bear interest at the same rate
and shall be collected and forwarded to the same offices in the same
manner as taxes.
If the condition is such that it cannot be abated, corrected
or eliminated within the time specified by the notice, it shall be
at the discretion of the Construction Official to extend the time
period or issue a complaint or summons before the Court, citing the
condition and failure to comply with an order.
The failure to comply with the order of the Construction Official shall constitute a violation of this section and subject the landlord or lessor, upon conviction, to the penalties stated in Chapter I, Section 1-5.
[1972 Code § 15-5.3]
A notice shall be served personally upon, or by certified mail
directed to, the owner, the lessor, or the agent in charge of the
premises residing in the Borough, to the last known address of the
owner, lessor or agent. Where the owner, lessor or agent cannot be
found at the premises, the posting of the notice upon the premises
in a conspicuous place shall constitute the sufficient notice to the
owner, lessor or agent.
[1972 Code § 15-5.5; Ord. No. 77-21 § XII]
Any person ordered or directed by the Construction Official
to alter, correct or eliminate a violation of this chapter or assessed
a penalty by the Construction Official shall be entitled to a hearing
upon a review of an order or direction by the Mayor and Municipal
Council, provided application for a hearing shall be submitted to
the Mayor and Municipal Council in writing within three (3) days after
receipt of our posting of such notice by the Construction Official
or the assessment of a penalty. At the conclusion of the hearing the
Mayor and Municipal Council shall:
[1972 Code § 15-6.1]
All parts of the premises under the actual control of the occupant
shall be kept in a clean and sanitary condition and the occupants
shall refrain from performing any acts which would render other parts
of the premises unclean or unsanitary or which would cause the violation
of the terms and provisions of this chapter or which would obstruct
the owner or lessor from performing a duty required hereunder or maintaining
the premises free from any violations of the terms of this chapter.
[1972 Code § 15-6.2]
All occupants shall place all garbage in receptacles provided
for garbage disposal. Garbage and refuse shall not be thrown out of
the windows nor shall garbage and refuse be set out on the stairways
or in the common halls. All occupants shall keep all stairways, areaways
and common hallways free of accumulation of personal belongings and
all storage areas assigned to any occupant shall be kept free of accumulation
of garbage and refuse and flammable materials.
[1972 Code § 15-6.3]
Every occupant of every dwelling unit shall be responsible for
maintaining a dwelling unit free from vermin and shall be responsible
for eliminating all conditions causing infestation which are caused
by the occupant.
[1972 Code § 15-6.4]
Every occupant shall keep all plumbing fixtures used by him
in a clean and sanitary condition and he shall not deposit any material
in any fixture or sewer system which would result in the stoppage
of or damage to the fixture or sewer system.
[1972 Code § 15-6.5]
Every occupant shall keep the laundry area free from accumulation
of garbage and shall dispose of all dirt from washers and dryers after
using them, in the proper receptacles, which have been provided by
the owners.
[1972 Code § 15-6.6]
Any adult member of the family occupying a dwelling unit shall
be responsible and liable for any violation of this chapter caused
by minors who are under their care or custody and occupying the same
dwelling unit.
[1972 Code § 15-6.7]
No tenant or occupant shall cook on porches or balconies with
charcoal or propane gas grills or any open flame device.
[1972 Code § 15-6.8]
The provisions of N.J.S.A. 2A:42-74 through 94 pertaining to
substandard multiple dwelling units, receivership thereof and rent
controls are hereby adopted by reference and made a part of this chapter.
[Ord. No. 77-21 § XIV]
Any act upon the part of a tenant leading and lending themselves
to rendering the premises unclean or unsanitary, shall be deemed as
constituting a nuisance in that their actions are dangerous, harmful
or detrimental to the life, safety and health of the occupants of
the premises or to the general public.
After investigation by the Construction Official wherein he
does determine a nuisance does in fact exist he shall issue warning
notice to that effect. Upon evidence that the nuisance has not been
abated, corrected or eliminated within a reasonable time as so specified
in the notice he shall issue a complaint before the Court. Violators
shall be subject to same conditions and penalty as that imposed upon
the owners or lessor of the premises, and shall be continued upon
a day to day basis for each day the condition continues to occur.
[Ord. No. 77-21 § XIV]
It shall be the responsibility of tenants who are in fact maintaining
animals within the premises to exercise to the fullest extent proper
care and maintenance of the animals, thereby safeguarding the general
public. Animals are to be confined within the dwelling unit proper
and not permitted to be confined by tying or other means in hallways,
common walkways, patios or porches.
It shall be the responsibility of the tenant to clear the grounds
of pet excretions as a safeguard to the health and welfare of the
general public.
Dogs or other animals running at large are prohibited. Walking
of dogs shall be accomplished only when properly leashed and accompanied
by a responsible member of the individual household.
