[1966 Code § 60A-1; Ord. No. 4-95]
a.
Title. This chapter shall be known as the "Property Maintenance Code
of the Borough of Bloomingdale" and may be referred to in this chapter
in the short form as the "code" or "chapter."
b.
Findings and Declaration of Policy. 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.
c.
Purpose.
1.
The purpose of this chapter is the following:
(a)
To protect the public health, safety and welfare by establishing
minimum standards governing the maintenance, appearance and condition
of residential and nonresidential premises.
(b)
To fix certain responsibilities upon owners, operators, occupants
and other persons.
(c)
To authorize and establish procedures for the inspection of residential
and nonresidential premises.
(d)
To fix penalties for the violations of this chapter and provide procedures
for correcting violations in those cases requiring municipal action.
2.
This chapter is hereby declared to be protective, preventive and
essential for the public interest, and it is intended that this chapter
be liberally construed to effectuate the purposes stated herein.
[1966 Code § 60A-2; Ord. No. 4-95; Ord. No. 6-2018]
a.
Words and terms in this chapter which are defined in the zoning ordinance
of the Code of the Borough of Bloomingdale are consistent in definition.
b.
COMMERCIAL VEHICLE
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
FRONT YARD
GARBAGE
INFESTATION
NUISANCE
1.
2.
3.
4.
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
RIGHT-OF-WAY (PUBLIC)
SHRUB
TREE
VEGETATION
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 all trucks, vans, construction equipment and limousines,
bearing commercial license plates which are in excess of four tons
net weight.
Shall mean the condition or appearance of a building or part
thereof characterized by holes, breaks, rot, crumbling, crackling,
peeling, rusting or other evidence of physical decay or neglect, lack
of maintenance or excessive use.
Shall mean any premises or 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 or right-of-way line from the point of the foundation
of the structure or building closest from such street line.
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Shall mean the presence of rodents, vermin, insects or other
pests on the premises which constitutes a health hazard.
Shall mean:
Any condition so defined by common law, the Statutes of the
State of New Jersey or the ordinances of the Borough of Bloomingdale.
Any condition which may prove attractive but detrimental to
the health or safety of children, whether in a building on the premises
or 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 conditions exist.
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 premises.
Shall mean any person who has charge, care 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 who 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 a lot, plot or parcel of land, including the buildings
or structures thereon.
Shall mean all nonputrescible solid wastes, including but
not limited to abandoned vehicles and recreational equipment 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.")
Shall mean a strip of land acquired by reservation, dedication,
prescription, or condemnation and intended to be occupied by a street,
crosswalk, railroad, electric transmission lines, oil or gas pipeline,
water line, sanitary storm sewer, or other similar uses.
Shall mean a woody plant smaller than a tree, consisting
of several small stems from the ground or small branches near the
ground. It may be deciduous or evergreen.
Shall mean any woody perennial plant with a diameter of four
inches at four feet above the ground.
Shall mean trees, shrubs, groundcover, vines, grasses herbaceous
perennials, biennials, annuals, bulbs, ferns, mosses and lichens.
[1966 Code § 60A-3; Ord. No. 4-95]
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. Vacant lots,
lands and premises are also required to comply with the provisions
of this chapter.
[1966 Code § 60A-4; Ord. No. 4-95]
In any case where the provisions of this code impose a higher
standard than set forth in any other ordinance of the Borough of Bloomingdale
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 Bloomingdale 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.
[1966 Code § 60A-5; Ord. No. 4-95]
No certification of compliance with this code shall constitute
a defense against any violation of any other ordinance of the Borough
applicable to any structure or premises.
[1966 Code § 60A-6; Ord. No. 4-95]
a.
Owners and Operators. Owners and operators shall have all the duties
and responsibilities as prescribed in this code, and no other 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.
b.
Occupants. 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 therefor and in violation thereof.
c.
Contract Not to Alter Responsibilities. 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.
[1966 Code § 60A-7; Ord. No. 4-95; Ord. No. 10-2015; Ord. No. 14-2017; Ord.
No. 6-2018; amended 2-4-2020 by Ord. No. 4-2020]
a.
It shall be the duty of the owner, operator and/or occupant to keep
the exterior of the premises free of nuisances, which include but
are not limited to the following:
1.
Garbage and/or refuse.
2.
Natural growth.
(a)
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.
(b)
In case any tree, shrub or other vegetation, or any part thereof,
which is not part of an approved site plan, in or along a public right-of-way
shall encroach upon/or become dangerous to public safety or property,
the owner of the property on which such tree, shrub or other vegetation
is located shall remove same, or required part thereof, forthwith
on service of written notice to that effect from the Property Maintenance
Officer.
3.
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.
4.
Ground surface hazards, such as holes, excavations, breaks and projections,
broken or defective curbs or sidewalks on residential premises within
five feet of an unfenced property line or on any part of a nonresidential
premises to which the public has lawful access.
5.
Sources of infestation, including all environments and conditions
conducive to the increase or spread of vermin.
b.
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:
2.
Landscaping. Premises along the public right-of-way shall be kept
in a maintained state, free of refuse. Vegetation along the public
right-of-way shall be kept from becoming a hazard to pedestrians and
motorists.
3.
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, excessively peeling or
deteriorated paint, loose shingles and crumbling stone or brick.
4.
Front yard parking; commercial vehicle parking; registered school
vehicle parking.
[1966 Code § 60A-8; Ord. No. 4-95; Ord. No. 10-2015]
a.
Definition. An "unoccupied or vacant building" shall mean any structure
intended for residential or commercial use which is not currently
occupied or in use. For the purpose of the enforcement of this chapter,
a presumption shall exist that a structure vacant for six months is
not currently occupied or in use.
b.
Basic Equipment and Facilities. Every unoccupied or vacant building
must comply with the following minimum standards for basic equipment
and facilities:
1.
Plumbing. All plumbing fixtures shall be properly installed and be
in sound condition and good repair.
2.
Electricity. Every existing outlet and fixture shall be properly
connected. Wiring and service lines shall be maintained in good and
safe working condition.
3.
Heating plant. The heating plant shall be maintained in a safe condition.
4.
Cooking equipment. All cooking equipment shall be maintained in a
safe condition.
c.
Safety from Fire. All owners of unoccupied or vacant buildings shall comply with the applicable provisions of Chapter 14, Fire Prevention and Protection, and the following additional provisions of the Borough Fire Prevention Code and the following additional standards for safety from fire:
1.
No unoccupied or vacant building shall contain any space utilized
for the storage of flammable liquids.
2.
No room within any vacant or unoccupied building shall be used for
storage or junk, rubbish or wastes, furniture or building materials
not intended to be used in the existing building.
3.
The early detection and containment of fire being a valid municipal
concern, the Boarding up of doors and windows shall not be permitted
except upon notice to the public officer and upon the public officer's
determination that the building is vacant. When doors and windows
are boarded up, they shall be covered with no less than 1/2 inch exterior
plywood or equivalent, which shall be the same color as the building
exterior.
4.
All windows within 20 feet of the ground or which may be readily
accessible shall be secured with security screens, bars and/or grilles,
and the security screens, bars and/or grilles on open windows shall
include quick-release mechanisms, both of which shall be subject to
the approval of the public officer.
d.
Safe and Sanitary Maintenance. All occupied or vacant buildings shall
comply with the following minimum standards for safe and sanitary
maintenance:
1.
Every foundation, exterior wall or exterior roof shall be weathertight,
watertight and rodentproof, shall be kept in sound condition and good
repair and shall be safe to use and capable of supporting the load
which normal use may cause to be placed thereon.
2.
Every floor, interior wall and ceiling shall be substantially rodentproof,
shall be kept in sound condition and good repair and shall be safe
to use and capable of supporting the load which normal use may cause
to be placed thereon.
3.
Every window, exterior door and basement or cellar door and hatchway
shall be weathertight, watertight, rodentproof and locked and shall
be kept in sound working condition and good repair.
4.
Every inside and outside stair, porch and any appurtenance thereto
shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon and shall be kept in sound condition
and good repair.
5.
Every yard shall be properly graded so as to prevent the accumulation
of stagnant water.
6.
There shall be a controlled method of disposing of water from roofs
by use of gutters and downspouts, which shall be installed and maintained
in sound condition, free of leaks and obstructions.
7.
Every dwelling's cellar, basement and crawl space shall be maintained
reasonably free from dampness.
8.
The exterior of every structure or accessory structure shall be maintained
free of broken windows, loose shingles, crumbling stone or brick or
excess peeling paint.
9.
The exterior of the premises and the condition of accessory structures
shall be maintained so that the appearance of the premises and all
buildings thereof shall reflect a level of maintenance in keeping
with the standards of the neighborhood and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
e.
Further Responsibilities of Owners. All owners of unoccupied or vacant
buildings shall be required to comply with the following standards:
1.
Any yard area (front, side and rear) adjacent to an unoccupied or
vacant building shall be cleared and maintained free of trash, solid
debris or any other materials that cause litter to accumulate to unhealthy
and blighting proportions.
2.
Grass, weeds or vegetation shall not be permitted to grow or remain
on the side, front and/or rear yards of any unoccupied or vacant building
so as to exceed a height of 12 inches. Any edible vegetation planted
for some useful or ornamental purpose shall not be governed by this
provision. Vegetation along the public right-of-way shall be kept
from becoming a hazard to pedestrians and motorists.
3.
Unoccupied or vacant buildings shall not be utilized for storage
of any materials, whether solid or liquid, including the yard portion
of that building.
4.
When a vacant dwelling is found to be infested with rats, termites,
roaches and/or any other insects and vermin, the owner shall undertake
an expedient means of extermination of such nuisances.
5.
All doors and/or lids on appliances, furniture utilized for storage
or on heating furnaces shall be locked in order to deny entry to an
individual(s) where the potential for physical harm or death may result
should said door close and prevent the individual's escape.
f.
The standards and requirements of this section shall apply as long
as any dwelling remains vacant or unoccupied. Upon occupancy, the
other appropriate sections of this code shall prevail.
[1966 Code § 60A-9; Ord. No. 4-95]
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.
[1966 Code § 60A-9; Ord. No. 4-95; Ord. No. 10-96; Ord. No. 6-2018]
a.
Enforcement Officer. The Property Maintenance Officer of the Borough
of Bloomingdale 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, Building Subcode
Official, Borough Engineer, all members of the Police Department and
authorized inspectors of the Fire Department and health officers are
hereby designated as "assistant enforcement officers" with the same
enforcement authority as the "enforcement officer" for the purposes
of the enforcement of this code.
b.
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.
c.
Notice to Owner, Operator or Occupant upon Noncompliance. 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 stating the nature of the violation and the
correction action sought and allowing 30 days (exclusive of the day
of service) for its correction. In cases where the violation involves
overgrown and/or unsightly vegetation, grass or weeds on either vacant
or occupied properties or violations in or along the public right-of-way,
the written notification provided hereunder shall allow for 10 days
(exclusive of the day of service) for its correction.
d.
Service of Notice. 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 the 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 of the owner or operator
over 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.
e.
Protest; Hearing Before Mayor and Council; Subsequent Actions.
1.
Within three working days following receipt of the notice of violation,
the person receiving such notice may file an objection, in writing,
to the Enforcement Officer, and any such person shall be afforded
a hearing before the Mayor and Borough Council as soon as is reasonably
possible. The Mayor and Council may, in its discretion modify or withhold
strict enforcement of this chapter.
2.
If the decision rendered by the Mayor and Council after the hearing
upholds the decision of the Enforcement Officer, a second notification
shall be issued and served allowing such time period as is established
by the Mayor and Council for correction of the violation and carrying
notice of the penalties which will be imposed for failure to comply.
[1966 Code § 60A-11; Ord. No. 4-95]
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 the 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 condition within a period of time not to exceed three days. Upon failure to do so, the Enforcement Officer shall abate the condition subject to the provisions of § 15-6.
[1966 Code § 60A-12; Ord. No. 4-95]
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
moneys, the Municipal Engineer shall present a report of work proposed
to be done to accomplish the foregoing to the Mayor and Borough Council
with an estimate of the cost, along with a summary of the proceedings
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 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 this code. The Municipal Engineer 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 Council. After review of the report,
the Mayor and 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.
[1966 Code § 60A-13; Ord. No. 4-95]
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 violation, 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.
Each violation of any of the provisions of this chapter and each day that the violation existed shall constitute a separate and distinct offense and, the owner, operator or occupant so liable shall, upon conviction, be liable to the penalty stated in Chapter 1 § 1-5, per day and per offense. The minimum fine shall be $100 per day.
c.
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.
[1966 Code § 60A-14; Ord. No. 4-95]
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 reinspections.
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.
[1966 Code § 60A-14; Ord. No. 4-95]
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 $25 for the first inspection and shall increase in increments
of $25 for subsequent inspections.
[Ord. No. 19-2009 § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text clearly demonstrates a different meaning.
Shall mean the placement of yard waste in a biodegradable
paper bag, not to exceed 30 gallons, such as to prevent the yard waste
from spilling or blowing out into the street and coming into contact
with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, county,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean leaves and grass clippings that may be attendant
to leaf pick up.
[Ord. No. 19-2009 § 2]
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is strictly prohibited
except as follows: Yard waste is to be placed in biodegradable bags
at the curbline and shall not be placed closer than 10 feet from any
storm drain inlet.
[Ord. No. 19-2009 § 3]
This section shall be enforced by either or all of the following:
Bloomingdale Police Department and the Bloomingdale Code Enforcement
Officer or his designated representative.
[Ord. No. 19-2009 § 4]
Any person(s) who continues to be in violation of the provisions
of this section, after being duly notified of a violation and having
been given 48 hours to correct any violation, shall be subject to
a fine not to exceed $250 for a first offense. For any second or subsequent
offenses, any person(s) in violation of this section shall be a subject
to a fine of not less than $300 and up to $500 for each offense. In
addition, for any second or subsequent offense, any person(s) in violation
of this section shall be required to provide up to 10 hours of community
service.
[Ord. No. 20-85 § 1;
New]
The Property Maintenance Officer is hereby authorized to order
the removal or destruction of brush, weeds, including ragweed, dead
or dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris, whenever he shall determine that it is necessary
and expedient for the preservation of the public health, safety and
general welfare, or to eliminate a fire hazard.
[Ord. No. 20-85 § 2]
Every owner and/or tenant of lands lying within the Borough
shall at all times keep his lands free of brush weeds, including ragweed,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris.
[Ord. No. 20-85 § 3;
New]
If the Property Maintenance Officer makes a determination in accordance with Subsection 15-16.1 he or she shall serve a written notice upon the owner and/or tenant of such lands to remove or destroy the same. The notice shall describe the materials required to be removed or destroyed and shall provide that the materials shall be removed or destroyed within 10 days after notice to remove or destroy same.
[Ord. No. 20-85 § 4]
In the event that the owner and/or tenant shall neglect or refuse
to remove or destroy the materials within the 10 day period provided,
the Borough may cause the material to be removed or destroyed under
the direction of the Superintendent of Public Works.
[Ord. No. 20-85 § 5]
The Superintendent of Public Works shall certify the cost thereof
to the Mayor and Council which shall examine the certificate of the
Superintendent of Public Works and if the certificate is found by
the Mayor and Council to be correct, shall cause the costs as shown
thereupon to be charged against the lands. The amount so charged shall
forthwith become a lien upon the subject lands and shall be added
to and become and form part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as taxes
and shall be collected and enforced by the same officer and in the
same manner as taxes. Such lien shall be in addition to any other
penalties imposed for any other violation(s) of Borough ordinances.
[Ord. No. 20-85 § 6]
It is the purpose of this section to vest the municipality with
those powers conferred under the authority of Chapter 94 of the Laws
of 1968, cited as N.J.S.A. 40:48-2.13 et seq.
[Ord. No. 20-2008 § 1]
The Property Maintenance Officer and/or the Police Department
shall enforce the provisions of the within chapter.
Shall mean any individual, person, firm, partnership, association,
corporation, company or organization of any kind.
Shall mean any container, with or without wheels, with a
volume of at least 250 cubic feet designed for the outdoor storage
of property which is utilized by owners or occupants of property for
temporary use and which is delivered and removed by vehicle.
Shall mean any type of business entity engaged in the portable
storage unit rental and/or sales business.
Shall mean a parcel, tract, or plot of land.
Shall mean the owner or occupant utilizing a portable storage
unit company for the placement of a portable storage unit on any site
located in the Borough of Bloomingdale.
[Ord. No. 20-2008 § 1]
a.
Portable storage units may be temporarily located only on single-family,
multiple-family and/or commercial or industrial sites. In no event
shall portable storage units be located in the right-of-way of the
public thoroughfare or obstruct full public safety access.
b.
In the case of single-family or multiple-family sites containing
less than four residential units, portable storage units shall be
placed only in the driveway, front yard or side yard. Portable storage
units placed in the front yard or side yard must be placed at least
10 feet from the lot line.
c.
In the case of multiple-family sites in excess of four residential
units, commercial or industrial sites, portable storage units shall
be placed only in allotted parking spaces on the site.
d.
In hardship cases as determined by the governing body, the governing
body may in its sole discretion grant a person temporary relief from
the foregoing location requirements, so long as such relief shall
not pose a danger to the general public.
[Ord. No. 20-2008 § 1]
The Portable storage unit shall be no wider than eight feet,
no longer than 20 feet and no higher than 10 feet from grade.
[Ord. No. 20-2008 § 1]
a.
A portable storage unit shall be permitted in accordance with this
Code section, but it shall only remain on the lot for a maximum of
60 days from the date that the permit is issued as described in Code
Subsection 15-7.5.
b.
Any user may seek to extend the keeping of a portable storage unit
for an additional 60 days by filing an application with the Property
Maintenance Officer.
c.
In hardship cases as determined by the governing body, the governing
body may in its sole discretion grant a person relief from the foregoing
length of use limitations, so long as such relief shall not pose a
danger to the general public.
[Ord. No. 20-2008 § 1]
a.
Any applicant for a portable storage unit shall file an application
with the Property Maintenance Officer, on an official application
form available from the Building Department.
b.
In addition to submitting the application referred to in Code Subsection
15-7.5a above, each application shall be accompanied with payment
of a fifty ($50) dollar administrative fee to the Borough of Bloomingdale.
[Ord. No. 20-2008 § 1]
a.
No user shall place any portable storage unit at any location in
the Borough of Bloomingdale except in compliance with the provisions
of this section.
b.
It shall be unlawful for a portable storage unit to remain at a site
in excess of the time periods permitted under this section.
c.
Any user violating any provision of this section shall, upon conviction
thereof be punished by a fine not to exceed $1,250. A separate offense
will be deemed committed on each day during or on which a violation
occurs or continues.
[Added 3-16-2021 by Ord.
No. 7-2021]
The purpose and intent of this section is to reduce visual blight,
litter, and the migration to public streets or other public property
of unsolicited written materials by establishing reasonable and predictable
locations for the placement of such materials on the private property
to which they are delivered. Placement of such materials in consistent,
secure and predictable locations will reduce the visual impact of
such materials, reduce the likelihood that such materials will be
rendered unreadable or unusable, reduce the likelihood that such materials
will become a nuisance, blight or litter on private property and public
streets or other public property, and increase the probability that
the intended recipients will find and collect such materials.
[Added 3-16-2021 by Ord.
No. 7-2021]
For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The street-facing entrance(s) to a principal structure. In
the event no door faces the street, then any other door of a principal
structure nearest the street shall be considered a front door for
purposes of this section.
An individual, partnership, corporation, limited liability
company, association or other legal entity. "Person" includes the
partners or members of a firm, a partnership or an association, and
the officers of a corporation.
An exterior appendage to a principal structure leading to
a doorway.
A lot, plot or parcel of land including any structures, driveways
or other impervious surfaces thereon.
A structure of primary importance on the premises and that
contains the primary use associated with the premises.
Any written materials delivered to any premises without the
express invitation or permission, in writing or otherwise, by the
owner, occupant or lessee of such premises.
[Added 3-16-2021 by Ord.
No. 7-2021]
Unsolicited written materials delivered to premises shall be
placed:
a.
On a porch, if one exists, nearest the front door; or
b.
So that such materials are securely attached to the front door; or
c.
Through a door slot on the front door of the principal structure,
if one exists, as permitted by the United States Postal Service Domestic
Mail Manual, Section 508 Recipient Services, Subsection 3.1.2; or
d.
Where permitted, in a distribution box located on or adjacent to
the premises; or
e.
Personally with the owner, occupant and/or lessee of the premises.
[Added 3-16-2021 by Ord.
No. 7-2021]
Notwithstanding Subsection 15-18.3 above, an owner, lessee or occupant maintains the right to restrict entry to his or her premises.
[Added 3-16-2021 by Ord.
No. 7-2021]
Unsolicited written materials placed at a premises create a
rebuttable presumption that the materials were placed at the premises
by the owner, agent, manager and/or authorized distributor of the
business, product, good, service, message or idea which is being advertised,
promoted, endorsed or conveyed in such materials.
[Added 3-16-2021 by Ord.
No. 7-2021]
The provisions of this section do not apply to the United States
Postal Service.
[Added 3-16-2021 by Ord.
No. 7-2021]
It shall be a violation of this section when unsolicited print
material is intentionally delivered to a private premises after the
owner or tenant of said premises has notified the publisher or the
delivery person by certified mail, return receipt requested that delivery
shall cease or be suspended for a stated period of time.
[Added 3-16-2021 by Ord.
No. 7-2021]
a.
Any person who places or causes to be placed unsolicited written materials in areas on or adjacent to a premises other than as set forth in Subsection 15-18.3 of this section shall be responsible for a violation of this section, classified as a civil offense, and may be enforced by issuance of a summons by the Code Enforcement Official.
b.
A separate violation of this section occurs each time that unsolicited
written materials are placed on, at, or about a separate premises
in violation of this section.
c.
A person shall be liable for a violation of this section via the
person's officer, agent or employee if the person engaged the person's
officer, agent or employee to place or to distribute the unsolicited
written materials. That a person acted as an officer, agent or employee
of another in distributing or placing unsolicited written materials
in violation of this section shall not negate the liability of the
person acting as an officer, agent or employee for his or her violation
of this section.
d.
This section shall not be deemed to have been violated solely based
on unsolicited written materials that were placed on, at or about
a premises in violation of this section and that have remained on,
at or about a premises in violation of this section. Only the initial
placement of the unsolicited written materials in violation of this
section shall constitute a violation of this section.
[Added 3-16-2021 by Ord.
No. 7-2021]
The penalty for each violation of this section shall be a maximum
of $200 per violation.
[Added 8-15-2023 by Ord.
No. 36-2023]
The following terms shall have the meanings indicated below
pursuant to N.J.S.A. 52:27D-437.16, as may be amended and which is
incorporated by reference. Additional definitions as may be established
by N.J.A.C. 5:28A-1.1 et seq. are incorporated by reference.
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
[Added 8-15-2023 by Ord.
No. 36-2023]
The Construction Code Official, a designee, or a certified lead
evaluation contractor hired by the Borough shall inspect every single-family,
two-family, and multiple rental dwelling located within the Borough
at tenant turnover for lead-based paint hazards or by July 22, 2024,
whichever is earlier. Thereafter, all such units shall be inspected
for lead-based paint hazards the earlier of every three years or upon
tenant turnover, except that an inspection upon tenant turnover shall
not be required if the owner has a valid lead-safe certification.
The owner of any such rental dwelling shall not permit any tenant
turnover without first complying with this section. The Borough shall
charge the dwelling owner or landlord, and the dwelling owner or landlord
shall pay the Borough in advance of any inspection, a fee sufficient
to cover the cost to the Borough of the inspection, which shall be
dedicated to meeting the costs of implementing and enforcing this
section.
[Added 8-15-2023 by Ord.
No. 36-2023]
The dwelling owner or landlord may directly hire a lead evaluation
contractor who is certified to provide lead paint inspection services
by the New Jersey Department of Community Affairs to satisfy the requirements
of § 15-9.2 instead of the Borough conducting the inspection.
In the event that a dwelling owner or landlord directly hires such
a lead evaluation contractor, the term "Construction Code Official"
shall also mean and include such lead evaluation contractor for purposes
of this section (except for the purposes of § 15-9.13).
[Added 8-15-2023 by Ord.
No. 36-2023]
The Construction Code Official, designee, or certified lead
evaluation contractor responsible for inspecting single-family, two-family,
and multiple rental dwellings pursuant to this section may consult
with the local health board, the State of New Jersey Department of
Health, and/or the State of New Jersey Department of Community Affairs
concerning the criteria for the inspection and identification of areas
and conditions involving a high risk of lead poisoning in dwellings,
methods of detection of lead in dwellings, and standards for the repair
of dwellings containing lead paint.
[Added 8-15-2023 by Ord.
No. 36-2023]
Notwithstanding any language in § 15-9.2 to the contrary,
a dwelling unit in a single-family, two-family, or multiple-rental
dwelling shall not be subject to inspection and evaluation for the
presence of lead-based paint hazards if the unit:
a.
Has been certified to be free of lead-based paint;
b.
Was constructed during or after 1978;
c.
Is in a multiple dwelling that has been registered with the State
of New Jersey Department of Community Affairs as a multiple dwelling
for at least 10 years, either under the current or a previous owner,
and has no outstanding lead violations from the most recent cyclical
inspection performed on the multiple dwelling under the Hotel and
Multiple Dwelling Law (N.J.S.A. 55:13A-1, et seq.);
d.
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or
e.
Has a valid lead-safe certification issued in accordance with this
section.
[Added 8-15-2023 by Ord.
No. 36-2023]
If the Construction Code Official, designee, or certified lead
evaluation contractor finds that a lead-based paint hazard exists
in a dwelling unit upon conducting an inspection pursuant to § 15-9.2,
then the owner of the dwelling unit shall remediate the lead-based
paint hazard by using abatement or lead-based paint hazard control
methods approved in accordance with the provisions of the Lead Hazard
Control Assistance Act (N.J.S.A. 52:27D-437.1 et al.). Upon the remediation
of the lead-based paint hazard, the Construction Code Official, designee,
or certified lead evaluation contractor shall conduct an additional
inspection of the unit to certify that the hazard no longer exists.
The Construction Code Official shall charge an additional fee sufficient
to cover the cost to the Borough for such additional inspection.
[Added 8-15-2023 by Ord.
No. 36-2023]
If the Construction Code Official, designee, or certified lead
evaluation contractor finds that no lead-based paint hazards exist
in a dwelling unit upon conducting an inspection pursuant to § 15-9.2
or following remediation of a lead-based paint hazard pursuant to
§ 15-9.6, then the Construction Code Official, designee,
or certified lead evaluation contractor shall certify the dwelling
unit as lead-safe on a form prescribed by the New Jersey Department
of Community Affairs as provided for in regulations or guidance promulgated
pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided
to the property owner by Construction Code Official, designee, or
certified lead evaluation contractor shall be valid for two years.
[Added 8-15-2023 by Ord.
No. 36-2023]
Beginning on July 22, 2024, property owners shall:
a.
Provide evidence of a valid lead-safe certification obtained pursuant
to this section as well as evidence of the most recent tenant turnover
at the time of the cyclical inspection carried out under the Hotel
and Multiple Dwelling Law (N.J.S.A. 55:13A1, et seq.), unless not
required to have had an inspection by the Construction Code Official,
designee, or certified lead evaluation contractor pursuant to paragraph
a, b, or c of § 15-9.5;
b.
Provide evidence of a valid lead-safe certification obtained pursuant
to this section to new tenants of the property at the time of tenant
turnover unless not required to have had an inspection by the Construction
Code Official, designee, or certified lead evaluation contractor pursuant
to paragraphs a, b, c, and d of § 15-9.5, and shall affix
a copy of such certification as an exhibit to the tenant's or
tenants' lease; and
c.
Maintain a record of the lead-safe certification which shall include
the name or names of the unit's tenant or tenants, if the inspection
was conducted during a period of tenancy, unless not required to have
had an inspection by the Construction Code Official, designee, or
certified lead evaluation contractor pursuant to paragraphs a, b,
c, and d of § 15-9.5.
[Added 8-15-2023 by Ord.
No. 36-2023]
If the Construction Code Official, designee, or certified lead
evaluation finds that a lead-based paint hazard exists in a dwelling
unit upon conducting an inspection pursuant to this section, then
the inspector shall notify the Commissioner of Community Affairs,
who shall review the findings in accordance with the Lead Hazard Control
Assistance Act (N.J.S.A. 52:27D-437.8).
[Added 8-15-2023 by Ord.
No. 36-2023]
If a lead hazard is identified in an inspection of one of the
dwelling units in a building consisting of two- or three-dwelling
units, then the Construction Code Official, designee, or certified
lead evaluation contractor shall inspect the remainder of the building's
dwelling units for lead hazards, with the exception of dwelling units
that have been certified to be free of lead-based paint. The inspector
may charge an additional fee sufficient to cover the cost to the Borough
of the inspection.
[Added 8-15-2023 by Ord.
No. 36-2023]
In addition to the fees charged for inspection of rental housing
as set forth in this section, the Borough shall assess an additional
fee of $20 per unit inspected for the purposes of the Lead Hazard
Control Assistance Act (N.J.S.A. 52:27D437.1, et seq.) concerning
lead hazard control work, unless the unit owner demonstrates that
the Department of Community Affairs already has assessed an additional
inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10.
In a common interest community, any inspection fee charged pursuant
to this section shall be the responsibility of the unit owner and
not the homeowners' association, unless the association is the
owner of the unit. The fees collected pursuant to this section shall
be deposited into the "Lead Hazard Control Assistance Fund" established
pursuant to N.J.S.A. 52:27D-437.4.
[Added 8-15-2023 by Ord.
No. 36-2023]
a.
If less than 3% of children tested in the Borough, six years of age
or younger, have a blood lead level greater than or equal to five
ug/dL, according to the central lead screening database maintained
by the State of New Jersey Department of Health pursuant to N.J.S.A.
26:2-137.6, or according to other data deemed appropriate by the commissioner
(as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16),
then the Construction Code Official, designee, or certified lead evaluation
contractor may inspect a dwelling located therein for lead-based paint
hazards through visual assessment.
b.
If at least 3% of children tested, six years of age or younger, have
a blood lead level greater than or equal to five ug/dL, according
to the central lead screening database maintained by the State of
new Jersey Department of Health pursuant to section 5 of P.L. 1995,
c. 328 (C. 26:2-137.6), or according to other data deemed appropriate
by the commissioner, then the Construction Code Official, designee,
or certified lead evaluation contractor shall inspect a dwelling located
therein through dust wipe sampling.
c.
If a lead hazard is identified in an inspection of one of the dwelling
units in a building consisting of two- or three-dwelling units, then
the Construction Code Official, designee, or certified lead evaluation
contractor shall inspect the remainder of the building's dwelling
units for lead hazards, with the exception of dwelling units that
have been certified to be free of lead-based paint. The inspector
may charge fees in accordance with this section for such additional
inspections.
[Added 8-15-2023 by Ord.
No. 36-2023]
The Borough and the Construction Code Official, designee, or
certified lead evaluation contractor shall be authorized to conduct
investigations and issue penalties to enforce a property owner's
failure to comply with N.J.S.A. 52:27D-437.16 or this section. If
the Borough or the inspector determines that a property owner has
failed to comply with a provision of N.J.S.A. 52:27D-437.16, et seq.
or this section regarding a rental dwelling unit owned by the property
owner, the property owner shall first be given 30 days to cure any
violation by conducting the required inspection or initiate any required
remediation efforts. If the property owner has not cured the violation
after 30 days, the property owner shall be subject to a penalty not
to exceed $1,000 per week until the required inspection has been conducted
or remediation efforts have been initiated.
