[Adopted 4-14-2022 by Ord. No. 04-22]
This article shall be known as the "Residential Property Maintenance Code of the Borough of Rockaway" and may be referred to hereafter as "this code."
The provisions of this code shall apply exclusively to the exterior portions of all residential structures, premises and property in the Borough of Rockaway and shall constitute the minimum requirements and standards for the exterior of all such residential structures, premises and property for sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; and for administration, enforcement and penalties. This Code shall not apply to the interior portion of any residential structure, nor to any nonresidential structures, property or premises.
The following provisions contained within a certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Rockaway, being marked and designated as the "International Property Maintenance Code," 2021 edition, as published by the International Code Council, are hereby adopted and incorporated as the Residential Property Maintenance Code of the Borough of Rockaway, County of Morris and State of New Jersey, to provide additional and supplemental regulations of the conditions and maintenance of exterior of all residential structures, premises and property; by providing additional standards and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use. The following sections of the International Property Maintenance Code, 2021 edition, each and all of which are on file in the Office of the Borough Clerk of the Borough of Rockaway, are hereby referred to, adopted and made a part hereof, as if set forth fully herein, with the additions, insertions, modifications, deletions and changes, if any, prescribed in § 197-58 of this chapter:
A. 
Chapter 2, Section 202 General Definitions.
B. 
Chapter 3, Section 301 General.
C. 
Chapter 3, Section 302 Exterior Property Areas.
D. 
Chapter 3, Section 303 Swimming Pools, Spas and Hot Tubs.
E. 
Chapter 3, Section 304 Exterior Structure.
F. 
Chapter 3, Section 307 Handrails and Guardrails.
G. 
Chapter 3, Section 308 Rubbish and Garbage.
H. 
Chapter 3, Section 309 Pest Elimination.
I. 
Chapter 3, Appendix A Boarding Standard.
The above adopted subsections of the International Property Maintenance Code are hereby revised as follows:
A. 
Section 301.3 is deleted in its entirety.
B. 
Section 302.4 is deleted and replaced in its entirety as follows:
Weeds. Premises and exterior property shall be maintained free of weeds or plant growth in excess of 12 inches. For purposes of this article, "weeds" shall be defined as all grasses, annual plants and vegetation, other than trees, shrubs, cultivated flower beds and gardens. This code shall not apply to invasive and pervasive weeds and plants not reasonably capable of control and that grow and spread naturally and spontaneously without planting or human assistance.
C. 
Section 304.7 is amended to delete the second sentence in its entirety.
D. 
Section 304.14, insert dates in both locations: April 1 to November 1.
E. 
Section 304.15 is amended to delete the last sentence in its entirety.
F. 
Section 307.1 is amended to delete the words "and interior" in the first sentence.
G. 
Section 308.1 is amended to delete the words "and the interior of every structure" in the first sentence.
H. 
Section 309.3 is amended to delete the word "nonresidential."
I. 
Section 309.4 is amended to delete the word "nonresidential."
J. 
Section A104.1 is amended to delete the third sentence in its entirety.
It shall be the duty and legal responsibility of the owner, operator or occupant of premises to comply with any or all of the requirements and standards of this article, to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions.
A. 
This code establishes minimum standards for the maintenance of the exterior of all residential premise, property and structures in the Borough of Rockaway. The exterior of every residential premise, property and structure shall comply with the provisions of this code, whether or not such structure shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any structure. This code shall not be construed to replace or lessen standards otherwise established for the construction, repair, alteration, installation, use or continued use of residential premises, property and structures prior or subsequent to the adoption of this code.
B. 
This code does not replace or modify standards established in Article II of this chapter with respect to nonresidential property.
C. 
Vacant residential lots, lands and premises are also required to comply with the provision of this article.
A. 
Nothing in this article shall be construed as repealing or amending any provision of any other municipal ordinance regulating or controlling residential property maintenance or any portion thereof which, by its terms, regulate, set standards for or control property maintenance or its incidental activities either directly or indirectly, or which further the general purposes of this article in any way.
B. 
In any case where the provisions of this code impose a higher or stricter standard than set forth in any other ordinance or regulation of the Borough of Rockaway or under the laws or regulations of the State of New Jersey or any of its agencies, then the standards as set forth herein shall prevail; but if the provisions of this code impose a lower or lesser standard than any other regulation or ordinance of the Borough of Rockaway or the laws or regulations of the State of New Jersey or any of its agencies, then the higher or stricter standard contained in any other such other ordinance, regulation or law shall prevail.
C. 
If any provision of this article is inconsistent with the statutes and/or regulations of the State of New Jersey or of the federal government, the state or federal statutes and regulations shall prevail. Nothing in this article shall be construed to supersede any applicable federal or state laws.
A. 
Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this code, and no such owner, operator or occupant shall be relieved of any duty, obligation or responsibility hereunder, nor entitled to assert as a defense against any violation of this code the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and/or in violation hereof.
B. 
Compliance with this article shall not constitute a defense against any violation of any other ordinance of the Borough applicable to any structure, premises or property, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this article.
A. 
Whenever an enforcement official determines that there is or has been a violation of any provision of this article, the enforcement official shall give notice of such violation to the person, persons or entities responsible thereof under this article. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance.
B. 
Service of the notice may be made by personal service on the owner, occupant or operator; or by certified mail, return receipt requested, to the last known address of the person or entity upon which the same is served, as shown on by the most recent tax lists of the municipality; or a copy thereof left at the usual place of abode or office of such person or entity. Notice may be served either within or without the municipality. The notice shall also state that unless the violation is abated, removed, cured, prevented or desisted from within 10 days of the date of service of such notice, exclusive of the date of service, a summons shall be issued for the stated violation.
C. 
The enforcement official may, at the time of issuance of the notice or thereafter, extend the time for compliance if, in the judgment of the enforcement official, the abatement, removal, prevention, cessation or cure of the condition in violation cannot reasonably be effected within the ten-day period, and in such cases, the enforcement official shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days.
A. 
In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the ten-day period or extended period as set forth in the notice, a summons shall then be issued against the person, persons, entity or entities charged with a violation.
B. 
In addition to the issuance of summons for an unabated violation, and where it shall be necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, and upon the certification of the enforcement official and after the approval of the governing body, the enforcement official may provide for the removal of or destruction of overgrown brush, weeds, including ragweed, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, debris in accordance with State law.
A. 
In addition to any civil and/or other penalties authorized by law, this article or the Borough Code and/or any costs associated with a lien or abatement, any person found to be in violation of any provision of this article shall, after issuance of a summons and upon conviction, for each such violation, be subject to a fine of not less than $200, nor more than $2,000. Each violation of any of the provisions of this article and each day that each such violation shall continue shall be deemed to be a separate and distinct offense.
B. 
In addition to the foregoing and all other remedies available to the Borough, where the destruction or removal is performed by the municipality by or under the direction of the enforcement official, the enforcement official shall obtain and certify the proposed costs thereof to the Mayor and Borough Council, who shall examine the certificate, and if found to be correct and appropriate shall authorize and direct by way of resolution the costs as shown thereon to be charged against said dwelling or lands and the amounts so charged shall forthwith become a lien upon such a dwelling or lands and shall be added to and become part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes. A copy of the resolution authorizing and directing the removal and the costs and expenses to be charged shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection thereof, with a copy of the report and resolution sent by certified mail to the owner and/or occupant of the premises. If the amount of the lien is not paid, the Tax Collector may sell the unpaid municipal lien at the next tax sale. Notwithstanding anything to the contrary contained herein, nothing shall prevent the Borough from simultaneously proceeding to collect these costs and expenses, as well as to impose fines and penalties upon the owner and occupant by commencing and continuing a proceeding in the Municipal Court of the Borough against those responsible for noncompliance with this code.
A. 
The provisions of this article shall be enforceable by the Construction Official, Zoning Officer, Health Officer, Fire Official, Property Maintenance Officer, Borough Engineer, officer or other authorized officer or employee of the municipality authorized to enforce the provisions of the Borough Code, all of whom, unless otherwise specified by Ordinance or state law, shall be considered the "enforcement official" for purposes of this article.
B. 
Violations of the provisions, standards and requirements set forth or referenced herein may be enforced in any lawful manner the municipality may deem appropriate, including but not limited to in accordance with the provisions of this article. Notwithstanding and in addition to any other violations, fines, penalties, remedies or relief pursuant to this article, any violation of this article shall also be subject to enforcement under any other applicable provision of the Borough Code. In addition to the aforementioned, the Borough, if appropriate, may also institute proceedings for injunction, temporary or final restraints, mandamus, abatement or other appropriate civil, equitable or other remedies to prevent, enjoin, abate or remove any violations of this article. The imposition of a fine shall not exempt the violator from compliance with the provisions of this article.