Borough of Lake Como, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 351 preamble; Ord. No. 2013-890]
The International Property Maintenance Code, 2012 Edition, shall establish minimum standards governing the condition and maintenance of all structures and dwellings; establish minimum standards governing supplied utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary and fit for occupation and use; establish minimum standards governing the condition of dwellings offered for rent; fix certain responsibilities and duties of owners and occupants of structures, condemn dwellings unfit for human habitation and allow for the demolition of such dwellings and structures; and fix penalties for violations.
[Ord. No. 351 § 1; Ord. No. 2013-889]
A certain document, copies of which are on file in the office of the Construction Official, be marked and designated as the "International Property Maintenance Code, 2012 Edition" and the Borough shall refer to the "International Property Maintenance Code, 2012 Edition" as published, and hereby adopted, and made a part hereof, as if fully set out in this section.
[Ord. No. 351 § 3; Ord. No. 2013-889]
Nothing in this section or in the International Property Maintenance Code, 2012 Edition, hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection 10-1.2; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[Ord. No. 96-623; Ord. No. 2013-889]
a. 
Glazing and Windows. All windows shall contain glazing materials and shall be maintained free from cracks and holes; provided further that no glazing materials or windows shall be boarded over except immediately following a fire, or other disaster or accident without the approval of the Borough Construction Official; and in the event of fire or other disasters or accidents, the boarding of windows or glazing materials shall be removed in a reasonable amount of time thereafter as determined by the property owner with the approval of the Borough Construction Official.
[1973 Code § 3-4.1]
The owner or tenant of lands lying in the Borough is hereby required, where it is necessary and expedient for the preservation of the public health, safety, general welfare, or to eliminate a fire hazard, to remove from such lands any brush, weeds, dead and dying trees, stumps, roots, obnoxious growths and filth, garbage, trash and debris, and shall include fencing, garages, sheds and similar structures.
[1973 Code § 3-4.2]
Whenever the Code Enforcement Officer shall deem it necessary and expedient for the preservation of the public health, safety, general welfare, or to eliminate a fire hazard, to remove from any lands brush, weeds, dead and dying trees, stumps, roots, obnoxious growths and filth, garbage, trash and debris, he shall give notice to the owner or tenant of such lands, which notice shall require the owner or tenant to provide for the removal thereof within ten (10) days. Such notice may be by personal service or by certified mail to the last known address of the owner of such lands. In the event the condition is not abated within the ten (10) day period or where the owner or tenant refuses or neglects to remove same in the manner and within the time above provided, it shall be lawful for the same to be removed by or under the direction of the Borough Superintendent.
[1973 Code § 3-4.3]
In all cases where brush, weeds, dead and dying trees, stumps, roots, obnoxious growths and filth, garbage, trash and debris are removed from any lands by virtue of this section by or under the direction of the Borough Superintendent, the Borough Superintendent shall certify the cost thereof to the Council, which shall examine the certificate and, if found correct, shall charge the costs against the lands and the amount so charged shall become a lien upon such lands and shall be added to and become a part of the taxes next to be assessed upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[1973 Code § 3-4.4]
Any owner or tenant of any lands who refuses or neglects to remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths and filth, garbage, trash and debris, in accordance with the notice required in subsection 10-2.2 shall be guilty of a violation of this section.
[Ord. No. 1998-656, § 1; New]
It is determined that the public health, safety and welfare of all of the residents of the Borough of Lake Como will be advanced by the adoption of ordinances regulating the use of all occupiable rental properties in the Borough.
[Ord. 1998-656 § 1; Ord. No. 2009-8337; Ord. No. 2009-839; Ord. No. 2013-889]
a. 
Authority.
1. 
Procedure. The Code Enforcement Officer may perform an inspection to determine the conditions of buildings, dwellings, dwelling units, rooming and boarding units and houses, and premises located within the Borough so that their duty of safeguarding the health and safety of the occupants of the buildings or dwellings and of the general public is performed. For the purpose of making such inspections, the Code Enforcement Officer is authorized to enter the structure or premises at reasonable times or when requested to inspect. Prior to entering into a space not otherwise opened to the general public, the Code Enforcement Officer shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If the request to enter is refused or not obtained by the Code Enforcement Officer, it shall be a violation of this section and the Code Enforcement Officer shall pursue recourse as provided by law.
2. 
Duty of Owner or Occupant. The owner or occupant of every building, dwelling, dwelling unit, or the person in charge thereof, shall give the Code Enforcement Officer free access to all at reasonable times for the purpose of performing an inspection, examination, or survey permitted under the Code to effect compliance with the provisions therein or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions herein.
3. 
Search Warrant. The Code Enforcement Officer may, upon affidavit, apply to the Municipal Court for a search warrant setting forth the factual circumstances that provide a reasonable basis for believing that a violation of the Code exists on the premises and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he/she shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the violation allegedly exists.
b. 
Regulations. The standards set forth in the Code shall determine whether a particular premises is fit for occupancy. No person shall occupy, as owner occupant, nor shall any person rent to or sell to another for occupancy any building, dwelling, or dwelling unit for the purpose of living therein which fails to conform to the Code.
c. 
Certificates of Inspection. The Code Enforcement Officer is required to issue all necessary notices or orders to ensure compliance with the Code prior to the occupancy or use of any premises when:
1. 
Any sale or any other transfer of title to the premises has occurred; or
2. 
Any lease or rental of the premises to new tenants on a week-to-week, or month-to-month, basis for an indefinite term or for a definite term of one hundred seventy-five (175) days or longer.
It shall be a violation of this Code for any person to occupy or use any premises if a required Certificate of Inspection has not been issued.
d. 
Application Procedure. Applications for Certificates of Inspection shall not be deemed complete by the Code Enforcement Officer unless the applicant:
1. 
Fully completes the form required by the Code Enforcement Officer for such applications;
2. 
Pays the appropriate fee;
3. 
Provides proof of payment of taxes pursuant to N.J.S.A. 40:52-1.2.
4. 
Provides a copy of the lease agreement executed by all adult persons who will occupy the dwelling unit; provided, however, that the rent amount may be redacted. The copy shall be certified by the Applicant to be true and correct, and to contain the entire agreement between the landlord and the tenants, except for redacted information.
5. 
An affidavit completed by each of the persons who will occupy the dwelling unit stating the following:
(a) 
Whether he or she maintains a residence elsewhere, and providing the full address thereof;
(b) 
Providing a true and correct copy of his or her proof of identification;
(c) 
Listing the names of all minors who will occupy the dwelling unit, and the ages of each child as of the date of the application; and
(d) 
Providing such additional information as the Code Enforcement Officer may reasonably require.
6. 
Provided, however, that the information requested in paragraphs 4. and 5. above shall not be required where the application for a Certificate of Inspection is made in connection with a title transfer.
e. 
Inspection Reports. Upon completion of any inspection, the Code Enforcement Officer shall prepare a report listing and describing all violations of this Code within five (5) working days after the completion of the inspection; and the report shall also describe, where appropriate, any corrective remedies which must be taken for the premises to comply with this Code. The report shall contain the following:
IT IS ILLEGAL TO OCCUPY OR USE THESE PREMISES UNLESS AND UNTIL A CERTIFICATE OF INSPECTION HAS BEEN ISSUED BY THE CODE OFFICIAL. IF ANY VIOLATIONS ARE NOTED, IT IS THE APPLICANT'S RESPONSIBILITY TO MAKE THE NECESSARY CORRECTIONS AND TO APPLY FOR A REINSPECTION.
f. 
Filing and Service of Inspection Reports.
1. 
The original of any inspection reports shall be filed with the Code Official.
2. 
The Code Enforcement Officer shall provide legible copies to one (1) of the following:
(a) 
The owners of the premises or their representatives;
(b) 
The owner's attorney, if requested by discovery;
(c) 
The person who executed the application;
(d) 
The transferor(s) or their representatives, if applicable;
(e) 
The tenant or assignee, if applicant.
g. 
Unconditional and Conditional Certificates of Inspection.
1. 
An unconditional Certificate of Inspection will be issued when the premises complies with the provisions of this Code as of the date appearing on the inspection report. The Certificate shall be either mailed or otherwise delivered to the applicant.
2. 
A conditional Certificate of Inspection may be issued when there are violations noted on the inspection report that require additional time, or circumstances that would necessitate the extension, i.e. weather, etc. No conditional Certificate will be issued for violations that constitute an imminent hazard to the life or safety of occupants. The Inspector will determine that time of the extension depending on the circumstances. The conditional Certificate of Inspection shall expire after the time limit and it shall be the obligation of the applicant to reapply. Failure to do so will render the conditional Certificate null and void. In the event that a reinspection shows no violations, an unconditional Certificate of Inspection shall be issued as prescribed herein. If the reinspection report shows remaining violations, no inspection certificate shall be issued and a summons may be issued for noncompliance.
3. 
No Certificate of Inspection shall be issued for residential premises leased for a period of less than one hundred seventy-five (175) days where it reasonably appears to the Code Enforcement Officer, either on the basis of the affidavit submitted by the applicant pursuant to subsection 11-2.6e or on the basis of other available information, that any of the persons who will occupy the dwelling unit maintains a permanent residence elsewhere except in conformity with this section.
h. 
Violations and Penalty.
1. 
Any persons found in violation of the New Jersey Housing Code and/or the "International Property Maintenance Code" as contained in this subsection shall pay a fine of one hundred ($100.00) dollars minimum to a maximum of five hundred ($500.00) dollars maximum penalty, plus court costs, payable through the Violations Bureau of the Municipal Court, for each separate violation.
2. 
Each person who is present in a dwelling unit at the time the occupancy thereof unlawfully exceeds the maximum permitted occupancy thereof as calculated by the Code Official shall pay a minimum fine of two hundred sixty-five ($265.00) dollars and a maximum fine of five hundred ($500.00) dollars, plus court costs, payable through the Violations Bureau of the Municipal Court.
3. 
Any person who is found to have submitted false information, documentation, or identification in connection with an application for a Certificate of Inspection, or summer rental license shall pay a minimum fine of two hundred fifty ($250.00) dollars to a maximum fine of five hundred ($500.00) dollars, plus court costs, payable through the Violations Bureau of the Municipal Court. Any person who submits a false affidavit of certification shall be subject to criminal prosecution, in addition to the penalties contained herein. In addition to the foregoing, summer rental license that is issued on the basis of information or documentation that is knowingly false or fraudulent when made shall be subject to revocation.
4. 
Any person found violating provisions of this subsection a second time shall be required to appear in the Municipal Court with a minimum fine of five hundred ($500.00) dollars to a maximum fine of one thousand ($1,000.00) dollars.
[Ord. No. 2004-732 Art. 2]
The purpose of this section is to control and regulate the indiscriminate or excessive removal, large-scale, clear-cutting and destruction of trees and to control, regulate and prevent conditions such as: degradation of littoral areas or wanton destruction which cause an increase in stormwater runoff, sedimentation, soil erosion, loss of wildlife habitat, air or noise pollution or inhibit aquifer recharge or impair the ambiance or physical appearance of a neighborhood. The regulations contained in this section are designed to limit such adverse impact while not interfering with the right of a Borough property owner to appropriately remove trees in accordance with the regulations set forth herein below.
[Ord. No. 2004-732 Art. 2]
As used in this section, the following terms shall have the following definitions:
a. 
B&B (balled and burlapped) shall mean a method of excavation in which the subject tree is removed along with soil surrounding its roots and such soil and roots are wrapped and laced.
b. 
Diameter at point of measure or DPM shall mean the diameter (caliper) of a tree at a point on the tree fifty-four (54) inches above the actual ground level.
c. 
Emergency removal shall mean a removal which is necessitated by any event, whether natural or man-made, which requires the immediate removal of a regulated tree because it has been determined that such tree presents an immediate hazard to the public's safety. Such determination shall be made by the Zoning Officer or other designee, as authorized by the Borough Administrator.
d. 
Zoning Officer shall mean the Zoning Officer and/or qualified arborist appointed by the Mayor and Borough Council for the purpose of enforcing the terms of this section.
e. 
Person shall mean an entity whose existence is recognized by law, including but not limited to any individual, partnership, corporation (for-profit, nonprofit, or municipal and its agencies), firm, association or any combination of the foregoing.
f. 
Project shall mean any undertaking whatsoever which would involve potential damage to or which may result in the planned or unplanned removal of regulated trees.
g. 
Removal shall mean any activity that results in cutting down completely or substantially eliminating a living regulated tree within the Borough.
h. 
Replacement plans shall mean a plan developed in accordance with and conforming to the provisions of this section which has been approved by the Zoning Officer.
i. 
Replacement Tree shall mean a nursery grown certified, balled and burlapped tree bearing a durable label upon which the following data is set forth: genus, species, variety, watering and fertilization requirements.
j. 
Site plan shall mean a plan as defined by the Borough's Land Development Ordinance.
k. 
Tree shall mean any living woody perennial plant having a trunk diameter of at least four (4) inches measured at fifty-four (54) inches above the natural ground level.
l. 
Vacant land shall mean land where no principal structure currently exists or where the principal structure is demolished pursuant to a demolition permit.
[Ord. No. 2004-732 Art. 2]
a. 
The terms and provisions of this section shall apply to real property, in all cases of vacant lots upon which new construction will take place and/or cases of demolition of existing principal structures. Nothing contained herein is intended to restrict a property owner's right to remove trees on his own property where no building permit for a new or replacement principal structure is sought.
b. 
Unless specifically exempted herein, it shall be unlawful for any person to remove or cause to be removed any tree, under the circumstances set forth in paragraph a. above, with the trunk diameter of four (4) inches or more DPM (fifty-four (54) inches above the actual ground level) without first having obtained a tree removal project permit to do so as provided herein. Tree removal project permits shall be issued by the Zoning Officer or his/her designee.
c. 
Notwithstanding paragraphs a. and b. above, trees removed from a property within one (1) year prior to an application for a building permit for a new or replacement principal structure shall be subject to the provisions of this section.
[Ord. No. 2004-732 Art. 2]
a. 
Any person wishing to obtain a permit to remove one (1) or more trees or clear land as required under the provisions of this section shall make application to the Zoning Officer by filing a written application and paying such fee as set forth in subsection 10-4.9 of this section. Where an application, as required by this section, has been submitted, no permit shall be issued until a site plan, survey or plot plan of the lot or parcel has been reviewed and a tree replacement plan approved.
b. 
Where an application is made in connection with the construction of a new principal structure, no building permit shall be issued until the tree removal project permit has been granted.
c. 
The Borough Zoning Officer shall review the application to determine whether such project complies with this section and shall provide written notice to the applicant indicating one of the following:
1. 
The project permit is granted; or
2. 
The project permit is granted subject to prescribed conditions attached to such notice.
3. 
The project permit is denied, in which event the written notice shall state the reasons for such denial.
d. 
The Borough Zoning Officer shall make the foregoing determination and prepare and furnish the foregoing notice within thirty (30) days following submission of a completed application.
e. 
Failure of the Zoning Officer to make said determination within such thirty (30) day period or within any extension of time granted by the applicant, shall constitute and have the same effect as an approval.
f. 
Any proposed change in the approved project shall be submitted to the Borough Zoning Officer for approval in the same manner as an original application for approval of a project.
g. 
The applicant shall maintain a copy of the approved project at the project location that shall be available for inspection.
[Ord. No. 2004-732 Art. 2]
Upon receiving an application for tree removal, the Zoning Officer shall issue a permit if the Zoning Officer determines that one (1) or more of the following criteria is met:
a. 
The tree is located in an area where a principal structure will be placed according to an approved site plan and the tree cannot be relocated on the site because of age, type, or size of tree.
b. 
The tree is dead, diseased, injured, in danger of falling, or is too close to existing or proposed structure(s) thereby creating an unsafe situation.
c. 
The applicant elects to make a contribution to the Tree Replacement Fund in accordance with subsection 10-4.10 entitled Tree Replacement Fund.
[Ord. No. 2004-732 Art. 2]
a. 
Tree Removal Project Permit Application Contents.
1. 
The name and address of the owner of the land.
2. 
Description of land in question including block and lot numbers of the land as shown on the current Tax Map of the Borough of Lake Como.
3. 
The purpose of reason for removing the tree(s).
4. 
The quantity, caliper size and species of tree(s) to be removed. In the case of the removal of trees with a DPM greater than twenty-four (24) inches, the plan shall include an analysis of design or layout alternatives.
5. 
The proposed dates for commencement and completion of the project.
6. 
Name and address of the person having express charge, supervision, and/or control of the proposed removal.
7. 
A tree replacement plan, as set forth in subsection 10-4.8.
8. 
A statement granting permission to Borough officials or their employees to enter the premises to survey and inspect the project as work progresses; and
9. 
A tree replacement plan that includes location, quantity, caliper size and species of tree(s) to be replanted.
b. 
Fees. An application for tree removal project permit shall be accompanied by an application fee of fifty ($50.00) dollars.
[Ord. No. 2004-732 Art. 2]
Within ten (10) days of receipt of decision of the Zoning Officer, or his/her designee, which denies the approval for the tree removal or otherwise destruction, the applicant may appeal in writing to the Governing Body.
[Ord. No. 2004-732 Art. 2]
A tree replacement plan shall consist of the following:
a. 
A site plan, survey or plot plan of one (1) inch equals twenty (20) feet or less, showing the location of existing trees and clearly marked property boundaries. There shall be a list identifying the number and species of trees inventoried. The site plan shall include the lot and block numbers, the street address if assigned and a certification that it complies with the requirements of this section.
b. 
The locations on the lot where tree removal is to take place.
c. 
The total square footage of the lot.
d. 
The total number by species of existing trees with a DPM of four (4) inches or greater on the lot.
e. 
The total number by species of trees with a DPM of four (4) inches or greater, which are to be removed.
f. 
A planting detail for replacement trees.
g. 
All specific plans for replacement of removed trees shall be based on the following requirements:
1. 
The replacement tree shall be planted on the property where the trees were removed or in a location designated by the Zoning Official.
2. 
Replacement trees, including the size number of trees, shall be planted in accordance with the table:
Size of Tree Removed Inches DPM
Number of Replacement Trees with at least 2-1/2" DPM
Four, but not more than eight (4"-8")
1
More than eight, but less than twelve (8"-12")
2
More than twelve, but less than eighteen (12"-18")
3
More than eighteen, but less than twenty-four (18"-24")
4
[Ord. No. 2004-732 Art. 2]
The replacement value of all trees to be removed, where replacement trees are required by this section, shall be calculated as follows:
a. 
Trees to Be Removed.
Size/DPM
Replacement Tree Value
Greater than 4" up to 8"
$200.00
Greater than 8" up to 12"
$400.00
Greater than 12" up to 18"
$600.00
Greater than 18"
$800.00
b. 
Dead and diseased trees as determined by the Borough Zoning Officer shall not be included as trees to be replaced.
c. 
The applicant may elect, in lieu of planting replacement trees, to pay to the municipality a sum of money as set forth in paragraph a. for each tree required to be planted pursuant to this subsection for the purpose of planting shade trees elsewhere in the Borough.
Said funds shall be deposited into the Tree Replacement Fund.
[Ord. No. 2004-732 Art. 2]
Where an applicant chooses to make a contribution to the Tree Replacement Fund in lieu of physically replacing the trees on said property as provided in subsection 10-4.5c, the amount of said contribution shall be as set forth in subsection 10-4.9. The Tree Replacement Fund shall be in a separate fund with the dedicated purpose of tree replacement within the Borough of Lake Como.
[Ord. No. 2004-732 Art. 2]
a. 
In the event that it is unknown how many trees were removed from any given site, and removal took place without a tree removal permit issued pursuant to this section, the number of trees requiring mitigation shall be computed by assuming ten (10) trees greater than twelve (12) inches DPM unless adequate proof is provided to the Borough Zoning Officer.
b. 
Any person who violates, or fails, or refuses to comply with this section, shall be liable to a penalty of not less than one hundred ($100.00) dollars nor more than one thousand five hundred ($1,500.00) dollars for each tree removed.