[Ord. No. 1508]
This chapter shall be known as the "Property Maintenance Code"
of the Township of West Caldwell.
[Ord. No. 1508]
It is hereby found and determined that there exist in the Township
of West Caldwell structures used for residential and nonresidential
use which are, or may become in the future, substandard with respect
to structure, equipment or maintenance. It is further found that conditions
of the above-described property, including but not limited to structural
deterioration, lack of maintenance and appearance of the exterior
of premises, infestation, lack of essential heating, plumbing, storage
of refrigeration equipment, lack of maintenance or upkeep of essential
utilities and facilities, existence of fire hazards, inadequate provisions
for light and air, unsanitary conditions and overcrowding, constitute
a menace to the health, safety, morals, welfare and reasonable comfort
of the citizens and inhabitants of the Township of West Caldwell.
The Governing Body of the Township of West Caldwell further finds
and declares that, by reason of lack of maintenance and the existence
of progressive deterioration, certain properties have the further
effect and/or the further potential effect of creating blighted conditions
that, if the same are not curtailed and/or removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same
and that, by reason of timely regulation and restrictions as herein
contained, the growth of depressed areas, and blight may be prevented.
It is further found that such prevention will maintain neighborhood
and property values, as well as the desirability and amenities of
residential and nonresidential uses; and it is further found that
such prevention will protect and foster the public health, safety
and welfare.
[Ord. No. 1508]
The purposes of this Property Maintenance Code are as follows:
a.
To protect the public health, safety and welfare of the citizens
of West Caldwell by establishing minimum standards governing the maintenance,
appearance, conditions and occupancy of property.
b.
To establish and authorize procedures for the enforcement of this
Code.
c.
To fix certain responsibilities and duties upon owners, tenants and
operators and distinct and separate responsibilities and duties upon
occupants; to authorize and establish procedures for the inspection
of residential and nonresidential premises.
d.
To fix penalties for the violations of this Code.
[Ord. No. 1508; Ord. No. 1730]
The following terms, whenever used herein or referred to in
this Code, shall have the respected meanings assigned to them, unless
a different meaning clearly appears from the context. All definition
of the 2012 International Property Maintenance Code are hereby incorporated
herein by reference.
Shall mean the condition of a building or structure 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 greater than what is usual or proper.
Shall mean any premises or any part thereof of any building
or structure or any part thereof which may be lawfully viewed by the
public or any member thereof.
Shall mean open space on the premises outside of any building
located thereon.
Shall mean the control and elimination of insects, rodents
and vermin.
Shall mean putrescible and vegetable waste resulting from
the handling, preparation, cooking and/or consumption of food. (See
also "refuse" and "rubbish".)
Shall mean rooms used or designed for use by one or more
persons for living or sleeping or cooking and eating, including garages
beneath such rooms, but not including bathrooms, water-closet compartments,
home laundries, serving and storage pantries, corridors, foyers, vestibules,
cellars, heater rooms, boiler rooms or utility rooms. Other rooms
or spaces that are not used or have less than 50 square feet of interior
floor area shall not be considered as habitable rooms.
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitute a health hazard either to the
occupants of the premises and/or to surrounding properties and/or
residents.
Shall mean any building containing one or more dwelling units
or rooming units and also having a portion thereof devoted to non-dwelling
uses.
Shall mean:
Any public nuisance recognized in common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Township of West Caldwell.
Any attractive nuisance which may prove detrimental to the health
and/or safety or children, whether in a building, on the exterior
of premises or upon an unoccupied lot. Attractive nuisances include
but are not limited to: abandoned wells, shafts, basements, excavations,
abandoned swimming pools, abandoned ice boxes, freezers and/or refrigerators,
motor vehicles, campers, any structurally unsound fences or structures,
lumber, trash, broken window glass, fences, debris or vegetation such
as poison ivy, oak or sumac which may prove hazardous for inquisitive
minors.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Overcrowding of a room with occupants in violation of the New
Jersey State Fire Code and local ordinances.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this Code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards, which shall include but not be limited to the
maintenance and/or storage of combustible materials or flammable chemicals
and/or the maintenance of an uncontrolled open fire.
Shall mean any person who has charge, care or control of
a dwelling or premises or any part thereof, whether with or without
the knowledge and consent of the owner.
Shall mean any person who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
with or without accompanying actual possession thereof, or who shall
have charge, care or control of any dwelling unit as owner or agent
of the owner or as executor, executrix, administrator, administrative
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 assigning any part of any dwelling or dwelling
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 all individuals, associations and corporations
who have interest of record in a building or premises and any who
are in actual possession thereof.
Shall mean a lot, or parcel of land, including the buildings
or structures thereof.
Shall mean any officer who is in charge of any department
or branch of the government of the Township of West Caldwell, County
of Essex or State of New Jersey, relating to health, fire, building
regulations or to other activities concerning buildings in the Township.
Includes but is not limited to Township Administrator, Code Enforcement
Official, Police Chief, Fire Chief, Fire Code Official, Director of
Public Works, Zoning Officer, Building Subcode Official and any other
Construction Code Official.
Shall mean all putrescible and nonputrescible solid waste
(except body waste), including but not limited to garbage, rubbish,
ashes, street cleanings, dead animals, abandoned vehicles and solid
market and industrial wastes. (See also "garbage" and "rubbish".)
Shall mean nonputrescible solid waste consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials. (See also "garbage" and "refuse.")
Shall mean a machine propelled by other than human power,
designed to travel along the ground by use of wheels, treads, runners
or slides and to transport persons or property or pull machinery,
including an automobile, truck, trailer, motorcycle, camper, tractor,
buggy, wagon, lawn mower, snow and/or leaf blower and boats.
[Ord. No. 1508]
Nothing in this chapter shall be construed to abrogate or impair
the powers of the Township of West Caldwell to enforce any provisions
of its ordinances or regulations or prevent or punish violations thereof,
and the power conferred by this chapter shall be in addition to and
supplemental to the powers conferred by any other law or ordinance.
[Ord. No. 1730]
The Township Administrator, Construction Code Official, Construction
Subcode Officials, Zoning Officer, Health Officer, and Fire Official/Inspector
shall have the authority to enforce this Property Maintenance Code.
[Ord. No. 1508]
a.
The term "multiple dwelling" shall have the same meaning as set forth
at length in N.J.S.A. 55:13A-3(k), and the aforesaid definition of
"multiple dwelling" is incorporated herein by reference.
b.
Property maintenance for multiple dwellings shall be regulated and
governed by the Regulations for Maintenance of Hotels and Multiple
Dwellings, N.J.A.C. 5:10-1, 1 et seq., which regulations are hereby
adopted by the Township of West Caldwell and incorporated herein by
reference.
c.
Copies of the Regulations for Maintenance of Hotels and Multiple
Dwellings shall be on file in the offices of the Township Clerk and
the Board of Health and shall be available for inspection upon request.
d.
The procedures governing the inspection of multiple dwellings and
the enforcement of violations shall be as set forth in the Hotel and
Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., and the Regulations
for Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1.1
et seq.
[Ord. No. 1508]
a.
All structures and premises in the Township of West Caldwell shall
be kept free of all of the following conditions:
1.
Broken glass, excessive brush, weeds, stumps and roots, obnoxious
growth, filth, garbage, trash, refuse and debris.
2.
Dead and dying trees, limbs or other natural growths which by reason
of rotting, deteriorating conditions, storm damage or weathering constitute
a hazard to persons in the vicinity thereof. Trees shall be kept pruned
and trimmed to prevent such conditions.
3.
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 the vicinity thereof.
4.
Holes, excavations, breaks, projections, obstructions, icy conditions
and other safety hazards of walks, driveways, parking lots, parking
areas and other parts of the premises which are accessible to and
used by persons on the premises. All such holes and excavations shall
be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate safety hazards or unsanitary
conditions.
5.
Sources of infestation or potential infestation by rodents, mosquitoes,
flies and other harmful vermin.
b.
The exterior of every structure or accessory structure, including
fences, shall be maintained in good repair, and all surfaces thereof
shall be kept painted and finished where necessary for purposes of
preservation and appearance. The same shall be maintained free of
broken glass, loose shingles, crumbling stone or brick, excessive
peeling of paint or other conditions reflecting weathering, deterioration
or inadequate maintenance, to the end that the property itself may
be preserved, safety and fire hazards eliminated and adjoining properties
in the neighborhood protected from blighting influences.
c.
There shall not be stored or used, at a location visible from the sidewalk, streets or other public areas, equipment and materials relating to commercial or industrial uses, including, inter alia, commercial vehicles, snow plows and snow blowers, unless permitted under Chapter 20, Zoning, of this Code for the particular premises.
d.
All brush, shrubs, grass and trees shall be maintained so as not
to obstruct public access to specific sidewalks and roadways. Brush,
shrubs and trees shall be kept trimmed so that they do not cross the
line of the sidewalk from the ground to a height of seven feet. Poison
ivy, poison sumac, poison oak and similar noxious vegetation shall
be removed from the vicinity of any public sidewalk or roadway. Lawn
grass shall be trimmed and maintained so that it does not exceed a
height of 10 inches from the ground.
e.
Receptacles for garbage and recyclables shall be stored out of the
sight of the public. Occupants of corner lots shall store garbage
and recyclables in the back yard. They may be stored in the garage
and placed at the curb of township roadways not earlier than the evening
of the day before the regularly scheduled pickup.
f.
All parts of the premises shall be kept in a clean and sanitary condition,
free of nuisances and free of health, safety and fire hazards.
g.
Adequate runoff drains shall be provided and maintained to eliminate
any recurrent or excessive accumulations of stormwater.
[Ord. No. 1508]
The provisions of this section shall be enforced by the Construction
Code Enforcement Official or his/her designated representative, who
shall be referred to herein as the "enforcing agent."
[Ord. No. 1508]
a.
Notice and Hearing.
1.
Where a violation of this chapter or the regulations hereunder is
found to exist, a written notice from the Construction Code Official
or his/her designated representative shall be served upon the owner,
tenant or operator, who shall be responsible for correcting such condition.
The notice shall contain the following:
(a)
An identification of the conditions constituting the violation.
(b)
The necessary corrective actions.
(c)
A reasonable time period, not to exceed 60 days, to correct or abate
the violation.
(d)
The right of the person in violation to request a hearing.
(e)
A statement that the notice shall become an order of the Construction
Code Enforcement Official in 10 days after service, unless a hearing
is requested, in writing, within that time period.
2.
The notice may be served personally or by certified mail at the last
known address of the owner, tenant or operator alleged to be in violation.
Where it is ascertained that the owner, tenant or operator does not
reside on the premises and the last known address cannot be ascertained,
the notice may be posted on the outside front entrance of the affected
building.
Service upon any owner, tenant or operator may also be achieved
by service of any notice upon a member of the family of the owner,
tenant or operator of the age of 14 years or over then residing at
the residence of such owner or operator.
3.
After 10 days from the date of service of the notice, the notice
shall constitute a final order, unless any owner, tenant or operator
alleged to be in violation request a hearing thereon and serves a
written request, in person or by certified mail, upon the Construction
Code Enforcement Official for such hearing. The request for hearing
shall state briefly the ground or reasons on which the request for
hearing is based and the factual matters contained in the notice of
violation which are disputed by the person alleged to be in violation.
Appeals will be granted strictly on factual matters. The Construction
Code Enforcement Official, upon receipt of the request for hearing,
within 30 days therefrom and within five days' notice to the
party alleged to be in violation, shall set the matter down for a
hearing before him or her.
4.
At the hearing provided for herein, the Construction Code Enforcement
Official shall consider all matter presented by the owner, tenant
or operator alleged to be in violation, together with all other relevant
evidence. Within 10 days from the date of the hearing, the Construction
Code Enforcement Official shall either affirm the prior notice issued
by him or her or modify such notice in any manner deemed appropriate
by him or her and consistent with the provisions and enforcement of
this section.
5.
The Construction Code Enforcement Official may extend the time for
correction and abatement of any violation of this section for an additional
period of time not to exceed 30 days, except where major capital improvement
or renovations are involved, in which case the time for completion
may be extended for such a period of time as the Construction Code
Enforcement Official may deem reasonable and adequate.
b.
Violations and Penalties. An owner, tenant or operator who violates
this chapter by failure to comply with an order entered by the Construction
Code Enforcement Official shall appear before the Municipal Judge
for a hearing and/or imposition of fines, sanctions, sentence, or
any combination thereof. A violation of this chapter shall be punishable
by a fine not exceeding $1,250 imprisonment for a term not exceeding
90 days or a period for community service not exceeding 90 days, or
any combination thereof. Each violation of a different section of
this chapter shall constitute a separate and distinct violation independent
of any other section. Each day's failure to comply with any provision
of this chapter shall constitute a separate violation.
[Ord. No. 1508]
The owner, tenant or operator of lands lying within the limits
of the Township of West Caldwell shall keep all brush, hedges and
other plant life growing within 10 feet of any roadway and within
25 feet of the intersection of two or more roadways cut to a height
of not more than 2 1/2 feet, where the Construction Code Enforcement
Official or his/her designated representative shall deem it necessary
and expedient for the preservation of public safety.
[Ord. No. 1508]
After a determination by the Construction Code Enforcement Official
or his/her designated representative that it is necessary and expedient
for the preservation of public safety to cut brush, hedges or other
plant life, 10 days' notice shall be given by the Construction
Code Enforcement Official or his/her designated representative, in
writing, by mail or personal service, to the owner, tenant or operator,
notifying him/her of the determination.
[Ord. No. 1508; Ord. No. 1730]
a.
If the owner, tenant or operator shall fail to cut, remove or otherwise
abate brush, weeds or other plant life, obnoxious growths, filth,
garbage, trash, refuse or debris within 10 days after the giving of
notice, the cutting, removal or abatement shall be done by the Department
of Public Works or a private service hired by the Township.
b.
The Director of Public Works shall certify the cost thereof to the
Governing Body of the Township at its next regular meeting thereafter.
The Governing Body shall examine the certificate and, if found to
be correct, shall cause the cost, as shown thereon, to be charged
against the lands. In the event such cost is found to be excessive
by the Governing Body, it shall cause a reasonable cost therefor to
be charged against the lands. The amount so charged shall forthwith
become a lien on the lands and shall be added to and become and form
a part of the taxes next to be assessed and levied upon the lands
and shall bear interest at the same rate as other taxes and be collected
and enforced by the same officers and in the same manner as taxes.
[Ord. No. 1730]
a.
Upon resolution of the Governing Body in accordance with N.J.S.A.
40:48-2.12f and 10 days' written notice to the owner, tenant
or operator of the premises, the Department of Public Works or a private
service hired by the Township may abate a nuisance or correct a defect
or put the premises in proper condition so as to comply with any provision
of this chapter or State law applicable thereto.
b.
The Superintendent of the Department of Public Works shall certify
the cost thereof to the Governing Body of the Township at the next
regular meeting thereafter. The Governing Body shall examine the certificate
and if found to be correct, charge the amount thereof as a lien against
the premises and shall be added to and become and form a part of the
taxes next to be assessed and levied upon such lands, the same to
bear interest at the same rate as other taxes and shall be collected
and enforced by the same officers in the same manner as taxes.
[Ord. No. 1726]
a.
Payment of Proceeds to Insured; Restriction.
1.
No insurance company authorized to issue fire insurance policies
in the State of New Jersey shall pay any claims in excess of $2,500
on any real property located in the township unless:
(a)
The township issues to the insured:
(1)
An official certificate of search for municipal liens pursuant
to N.J.S.A. 54:5-12, certifying that all taxes, assessments and other
municipal liens and charges levied and assessed and due and payable
against the property covered by such insurance policy have been paid;
and
(2)
An official certification on a form prescribed and certified
by the township that demolition is not required or that the cost of
demolition has been paid.
2.
The township submits to the insurance company the certification required
under paragraph a, 1(a)(2) and a certified copy of a duly adopted
resolution approving an agreement between the township and the property
owner of the fire-damaged property, in which said property owner agrees
to pay in full all delinquent taxes, assessments and other municipal
liens by installments pursuant to N.J.S.A. 54:5-19 by installment
or for the redemption of the tax sale lien pursuant to N.J.S.A. 54:5-65
et seq. by installment, or for the payment in full of any anticipated
costs of demolition by installment, if the Governing Body is satisfied
that the claim for fire damages is to be used to restore or improve
the fire-damaged property.
b.
Payment of Proceeds to the Township. Unless the insurance company
receives documentation in accordance with paragraph a herein, the
insurance company is hereby authorized and required, prior to the
payment of any claims for fire damages which are in excess of $2,500
to pay to the township the anticipated dfchsemolition costs and the
amount of the liens appearing on the official certificate and such
other recorded liens and related charges as may be certified to the
insurance company.
If an appeal is taken on the amount of any lien or charge, other
than an appeal on the assessed valuation of real property pursuant
to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable
to the court of record, to be held by the count in an interest bearing
escrow account in a state or federally chartered bank, savings bank,
or savings and loan association in the state, in an amount totaling
75% of the full amount of the lien or charge being contested, but
not to exceed the proceeds payable under its insurance policy, and
the insurance company shall issue a draft payable to the township
for the remaining 25% of the lien or charge being contested, with
the full amount paid by the insurance company to the court and the
township not to exceed the proceeds payable under its insurance policy,
pending termination of all proceedings, at which time such moneys
and all interest accruing thereon, of a rate paid on interest bearing
accounts in state or federally chartered banks, savings banks or savings
and loan associations in the state, shall be disbursed in accordance
with the final order or judgment of the court.
c.
Escrow for Cost. If the demolition has not yet occurred on the date
of receipt by the township of a request for execution of the certificate
required by this section, the insured shall provide on that certificate
an estimate of the anticipated costs of demolition. The insurer, on
notice to the insured, shall pay the anticipated costs of demolition
to the township, which shall hold the funds in an interest bearing
escrow account in a state or federally chartered bank, savings bank
or savings and loan association in this state.
d.
Claims on Proceeds; Priority. A claim upon the proceeds of a fire
insurance policy made by the township pursuant to N.J.S.A. 17:36-8
et seq. and this section shall be paramount to any other claims on
the proceeds except the claims:
1.
The holder of a purchase money mortgage held as a first mortgage;
and
2.
An institutional lender which is a holder of a mortgage on the fire-damaged
property, where the policy lists the mortgagee as the holder of an
insurable interest as provided for by N.J.S.A. 17:36-12 and any amendments
thereto.
Claims entitled to priority under this paragraph shall be paramount
to the township's lien only to the extent of the amount due and
owing on the mortgage.
e.
Limitations on Liability. This section shall be construed in accordance
with the provisions set forth in N.J.S.A. 17:36-8 et seq.
Nothing in this section shall be construed as to affect the
authority of the township to enforce the payment of a municipal lien
under any other law of this state.
f.
Applicability. Every fire insurance policy issued on property situated
in the township shall be subject to the provisions of this section.
