[1973 Code § 69-1]
a.
BUILDING
DETERIORATION
GARBAGE
INFESTATION
OWNER
PREMISES
PUBLIC OFFICER
REFUSE
RUBBISH
STRUCTURE
The words, terms or phrases listed below, for the purposes of this
chapter, are hereby defined and shall be interpreted as follows:
Shall mean any building, structure or part thereof, whether
used for human habitation or otherwise, including any outbuildings
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the condition 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 animal, vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food or
other products.
Shall mean the presence, on or within the premises, of any
insects, rodents, vermin or other pests.
Shall mean the holder or holders of the title to the premises
in fee simple, or having charge, care or control of any dwelling unit,
as owner or agent of the owner, or as executor, executrix, administrator,
administratix, trustee, receiver or guardian of the estate or as a
mortgagee in possession, regardless of how such possession was obtained.
Any person who is a lessee subletting or reassigning any part or all
of any building or building unit shall be deemed to be a co-owner
with the lessor and shall have joint responsibility over the portion
of the premises sublet or assigned by said lessee.
Shall mean a lot, plot or parcel of land, including the buildings
or structures thereon.
Shall mean the Construction Official of the Borough of Rockleigh
is hereby designated as the "public officer" to exercise the powers
prescribed by this chapter.
Shall mean all putrescible and nonputrescible solid wastes,
except body wastes, including but not limited to garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles and solid
market and industrial waste, brush weeds, broken glass, stumps, trash,
building materials and debris of any description.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding
or similar materials.
Shall mean an assembly of materials forming a construction,
including but not limited to buildings, platforms, open sheds, bins,
shelters, fences and display racks and signs. See also the definition
of "building."
b.
Whenever,
in describing or referring to any person, party, matter or thing,
any word importing the singular number or masculine gender is used,
the same shall be understood to include to and to apply to several
persons or parties as well as to one (1) person, and to females as
well as males, and to bodies corporate as well as individuals, and
to several matters and things as well as one (1) matter or thing.
The word "shall" shall be applied retroactively as well as prospectively.
[1973 Code § 69-2]
Every residential, commercial, business or industrial occupancy
shall comply with the provisions of this chapter, regardless of whether
or not such dwelling or other structure shall have been constructed,
altered or repaired before or after the enactment of this chapter
and irrespective of any permits or licenses which shall have been
issued for the use or occupancy thereof, or for the construction or
repair of same, or for the installation or repair of equipment or
facilities prior to the effective date of this chapter. Furthermore,
this chapter shall similarly apply to vacant parcels of land, irrespective
of any condition existing thereon prior to the date of the enactment
of this chapter or any permit or license issued for the same.
[1973 Code § 69-3]
Whenever the provisions of this chapter impose a higher standard
than set forth in any other local ordinances or under laws of the
State of New Jersey, then the standards as set forth herein shall
prevail, but if the provisions of this chapter shall impose a lower
standard than any other local ordinances or than the laws of the State
of New Jersey, then the higher standards contained in any such other
ordinances or laws of the State of New Jersey shall prevail.
[1973 Code § 69-4]
No license or permit or other certification of compliance with
this chapter shall constitute a defense against any violation of any
other local ordinances applicable to any structure or premises, nor
shall any provision herein relieve any owner from complying with any
such other provision or any official of the Borough of Rockleigh from
enforcing any such other provision.
[1973 Code § 69-5]
Every foundation, floor, wall, building, door, window, roof
or other part of a building shall be kept in good repair and capable
of the use intended by its design, and any exterior part of parts
thereof subject to corrosion or deterioration shall be kept well painted
or otherwise provided with a protective treatment sufficient to prevent
deterioration. All such structures shall be maintained free of broken
glass, loose shingles, crumbling stone or brick, excessive peeling
paint or other condition indicative of deterioration or inadequate
maintenance. The outside building walls shall not have any holes,
loose boards or broken, cracked or damaged finish which admits rain,
cold air, dampness, rodents, insects or vermin. All parts of the premises
shall be kept in a clean and sanitary condition and shall be maintained
so as to prevent infestation.
[1973 Code § 69-6; Ord. No. 2012-7; Ord. No. 2015-5]
a.
All vacant lands, lots and premises with or without buildings thereon,
regardless of the use or permitted use of the tract or tracts, shall
be clean and free from garbage, refuse, rubbish, stagnant water, piles
of rock or soil, glass and unsightly natural growth and from any and
all conditions which might result in a hazard to the public health
and safety. Any grass, hedges, shrubbery and plants situated on premises
shall be kept trimmed and shall not be permitted to become overgrown
and unsightly. No owner or occupant of property shall place any bamboo
plantings within ten (10) feet of the edge of pavement of any adjoining
right-of-way. In addition, a property owner shall be required to contain
bamboo plantings on its property and shall prevent such plantings
from intruding onto adjoining properties. All fences surrounding vacant
or occupied lands herein described shall be kept in good repair.
b.
Violations and Penalties.
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable for the penalty established in Chapter 1, Section 1-5 of the Borough Code. Each violation of any of the provisions of this section, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
[1973 Code § 69-7]
The owner or occupant shall be responsible for the maintenance
of the area abutting such property between the street property line
and the street or roadway, including landscape ground cover, sidewalk
and curb or monolithic curb and gutter.
[1973 Code § 69-8]
The Construction Official of the Borough of Rockleigh is hereby designated as the Public Officer charged with exercising the powers and performing the duties set forth in this chapter. He may, subject to the approvals of the Mayor and Council, appoint or designate such other public officials or employees of the Borough to perform such duties as may be necessary for the enforcement of this chapter, including the making of inspections and the holding of hearings. The Public Officer is authorized and directed to make or cause to be made inspections in order to determine compliance with Sections 10-5, 10-6 and 10-7 hereof in order that he may perform his duty of safeguarding the public health, safety and welfare.
[1973 Code § 69-9]
a.
The Public Officer may determine that any structure is injurious
to the health and safety of the occupants thereof or of other residents
of the Borough when such structure exhibits conditions that include,
but are not limited to, the following:
[1973 Code § 69-10]
Whenever a petition is filed with the Public Officer by a public
authority as defined in N.J.S.A. 40:48-2.4 or by at least five (5)
residents of the Borough, or it appears to the Public Officer that
any building is in a state of structural deterioration, disrepair,
uncleanliness, infestation, existence of fire hazards and unsanitary
conditions, or conditions exist which are deleterious to the well-being
of the general public with reference to vacant or occupied land not
properly maintained as required by this chapter, the Public Officer
shall, if his preliminary investigation discloses the above, issue
and cause to be served upon the owner of the premises in question,
either personally or by certified mail, a complaint stating the charges
and the basis thereof and containing a notice that a hearing will
be held before the Public Officer or his designated agent at a place
then fixed, not less than ten (10) days nor more than thirty (30)
days after the serving of the complaint, and that the owner of the
premises in question shall be given the right to file an answer to
the complaint and to appear in person or by counsel and give testimony
concerning the charges. The rules of evidence prevailing in the courts
of the State of New Jersey shall not be controlling in hearings before
the public officer.
[1973 Code § 69-11]
a.
If, after the notice and hearing provided for herein, the Public
Officer determines that the building is in a state of structural deterioration,
disrepair, uncleanliness, infestation, existence of fire hazards and
insanitary conditions; or conditions deleterious to the well-being
of the general public with reference to vacant land not properly maintained
as required by this chapter, he shall state in writing his findings
of fact in support of such determination and shall issue and cause
to be served upon the owner thereof an order requiring the repair,
alteration or improvement of the building or the removal of any debris
located on any land, whether vacant or occupied, that is found by
the Public Officer as constituting a violation of this chapter. Within
such order there shall be a provision setting forth a reasonable time
for correction of all violations existing on the premises.
b.
At the option of an owner of any structure wherein is found a condition
in violation of the provisions of this chapter, where such violation
is limited exclusively to the building and not to any land appurtenant
thereto, said owner may cause the structure to be vacated and closed
within the time set forth in the order.
c.
If the building is in such a condition as to make it dangerous to
the health and safety of person on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in said order
of removal.
d.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Public Officer may cause such building to be repaired, altered
or improved or to be vacated and closed, in which latter event the
Public Officer may cause to be posted on the main entrance of any
building so closed a placard with the following words: "This building
is unfit for human habitation or occupancy or use; the use or occupation
of this building is prohibited and unlawful."
e.
If an owner fails to comply with an order to repair or improve a
structure, or to demolish the same if required by an order of removal,
or fails to rectify conditions existing on land, either vacant or
occupied, that constitute a violation of this chapter within the time
set forth in an order issued by the Public Officer, then the Officer
may cause such building to be repaired, improved or demolished or
may cause such conditions, existing on land to be corrected after
advertisement for and receipt of bids therefor, in accordance with
the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
[1973 Code § 69-12]
The amount of the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken under this chapter determined
in favor of the municipality, and such costs of such repair, alterations
or improvements or vacating and closing or removal or demolition,
if any, or the amount of the balance thereof remaining after deduction
of the sum, if any, realized from the sale of materials derived from
such building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which such
cost was incurred. If the building is removed or demolished by the
Public Officer, he shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof
the proceeds of any sale of such materials or any sum derived from
any contract for the removal or demolition of the building. If there
are no such credits or if the sum total of such costs exceeds the
total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Municipal Tax Assessor
or other custodian of the records of tax liens, and copy thereof shall
be forthwith forwarded to the owner by certified mail. If the total
of the credits exceeds such costs, the balance remaining shall be
deposited in the Superior Court by the Public Officer, shall be secured
in such a manner as may be directed by such Court and shall be disbursed
according to the order or judgment of such Court; provided, however,
that nothing in this section shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise. Any owner or party-in-interest may, within sixty (60) days
from the date of the filing of the lien certificate, proceed in a
summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
[1973 Code § 69-13]
The Public Officer shall exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions
of this chapter, including the following powers in addition to others
herein granted:
a.
To administer oaths and affirmations, examine witnesses and receive
evidence.
b.
To implement all rules and regulations adopted by resolution of the
Mayor and Council necessary for the enforcement of the provisions
of this chapter; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this chapter, nor
in anyway alter, amend or supersede any of the provisions thereof.
c.
To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such a manner as to cause the least
possible inconvenience to the persons in possession, and provided
that any entrance without the permission of the occupant shall be
consistent with the laws and Constitution of the State of New Jersey
and of the United States.
[1973 Code § 69-14]
Any person, firm or corporation aggrieved by any act of the
Public Officer may appeal in writing such act of the Public Officer
to the Governing Body within thirty (30) days of such act of the Public
Officer and request a hearing thereon by the Governing Body. The Governing
Body shall hold a hearing on said appeal within thirty-one (31) days
after the filing of the notice of appeal. At the hearing, the appellant
may be represented by counsel. The Governing Body is empowered to
vacate any finding in whole or in part of the Public Officer.
[1973 Code § 69-15; New]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be liable for the penalty established in Chapter 1, Section 1-5. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
