Borough of Closter, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Closter 6-23-2004 by Ord. No. 2004:920.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 81.
Unfit buildings — See Ch. 85.
Uniform construction codes — See Ch. 89.
Fire prevention — See Ch. 106.
Solid waste — See Ch. 169.
Zoning — See Ch. 200.
[1]
Editor's Note: This ordinance also repealed former Ch. 147, Property Maintenance, adopted 5-24-1972 by Ord. No. 1972:233 (Ch. 73 of the 1967 Code), as amended.
A. 
Title. This chapter shall be known as the "Property Maintenance Code of the Borough of Closter" and may be referred to as "this chapter."
B. 
Findings. The Borough of Closter hereby finds that certain unsafe, unsanitary, undesirable and unhealthy conditions exist at various properties in the Borough and the public health, safety and welfare make it desirous to terminate unsafe, unsanitary, undesirable and unhealthy conditions and to prevent other similar conditions from arising in the future on any properties in the Borough.
C. 
Purposes. The purpose of this chapter is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential structures and all existing premises; to establish minimum standards governing facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation and use; to abate certain responsibilities and duties upon owners, operators and occupants; and to affix penalties for the violation of this chapter. This chapter is hereby declared to be remedial and essential for the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes stated herein.
D. 
Severability. If a section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter.
E. 
Effective date. This chapter shall take effect immediately upon passage and publication according to law.
A. 
General. The provisions of this chapter shall apply to all matters affecting or relating to structures and premises, as set forth in § 147-1. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive shall govern.
B. 
Maintenance. Equipment, systems, devices and safeguards required by this chapter or a previous regulation or chapter under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. Except as otherwise specified herein, the owner, operator or occupants shall be responsible for the maintenance of buildings, structures and premises.
C. 
Conflict with other provisions. In any case where the provisions of this chapter impose a higher or stricter standard than set forth in any other ordinance or regulation of the Borough of Closter or under the laws or regulations of the State of New Jersey or any of its agencies, then the standard as set forth herein shall prevail; but, if the provisions of this chapter impose a lower or lesser standard than any other regulation or ordinance of the Borough of Closter or the laws and regulations of the State of New Jersey or any of its agencies, then the higher standard contained in any such other ordinance, regulation or law shall prevail.
D. 
Compliance with other ordinances. Compliance with this chapter shall not constitute a defense against any violation of any other ordinance of the Borough of Closter applicable to any structure or premises, nor shall any one act constitute a defense against any subsequent chapter.
E. 
Responsibilities independent.
(1) 
Owner, operators and occupants shall have all duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder or be entitled to assert as a defense against any charge made against him, her or them for violation of this chapter based upon the fact that another owner, operator or occupant or any other third person or entity is also responsible and in violation thereof.
(2) 
Unless expressly provided to the contrary in this chapter, the respective obligations and responsibilities herein 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.
F. 
Application of building code.[1] Any alterations to buildings, structures or appurtenances thereto or changes of use therein which may be caused directly or indirectly by the enforcement of this chapter shall be done in accordance with all applicable sections of the Building Code of the municipality.
[1]
Editor's Note: See Ch. 89, Construction Codes, Uniform.
G. 
Application of Zoning Ordinance.[2] Nothing contained in this chapter or any requirements of compliance herewith shall be deemed to alter, impair or affect the application of the Zoning Ordinance or zoning laws of the municipality.
[2]
Editor's Note: See Ch. 200, Zoning.
H. 
Existing remedies to remain in effect. 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 buildings or structures which are deemed to be dangerous, unsafe or unsanitary.
A. 
Creation. There is hereby created the position of Code Enforcement Officer.
B. 
Duties. The Code Enforcement Officer shall enforce the provisions of this chapter and other relevant ordinances as prescribed therein and shall also have the authority to enforce any conditions, stipulations or requirements of development approvals of the Planning Board and Zoning Board of Adjustment.
C. 
Rule-making authority. The Code Enforcement Officer shall have authority as necessary in the interest of public health, safety and general welfare to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climate or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter or of violations of accepted engineering methods involving public safety.
D. 
Other enforcement. In addition to the Code Enforcement Officer, all members of the Borough of Closter Police Department are hereby designated as Assistant Code Enforcement Officers for purposes of the enforcement of this chapter and as described in § 147-3B above.
E. 
Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law, including but not limited to seeking the execution of an inspection search warrant by a Municipal Court Judge upon the establishment of probable cause.
Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reason makes the strict letter of this chapter impractical and the modification is in compliance with the intent and purpose of this chapter and that such modification does not lessen health, life and fire safety requirements.
A. 
Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this chapter.
B. 
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 147-6 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the person who shall violate this chapter, upon conviction, will be punished as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of the Closter Code. Also, the Official can require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
[Amended 11-23-2009 by Ord. No. 2009:1061]
The notice shall be in writing and served via hand delivery by the Code Enforcement Officer or other Closter official designated by § 147-3D of this chapter as Assistant Code Enforcement Officers. Alternatively, service shall be by certified mail to the property owner or person(s) responsible. If, in the judgment of the Property Maintenance Officer, the property is permanently vacant, unoccupied or abandoned, said notice shall be posted on the front door of the subject property and mailed via certified mail to the address of the last known owner of record of the subject property on file with the Borough. The notice shall contain the following:
A. 
Such notice shall designate the building, structure or premises or portion thereof in violation.
B. 
Such notice shall contain a statement of the violations existing in the building, structure or premises or portion thereof and the correction thereof sought by the Enforcement Officer.
C. 
Such notice shall specify a reasonable time, not to exceed 30 days from the date of service of the notice, in which the notice shall be complied with and the violation abated, corrected or eliminated.
A. 
The following terms, wherever used herein or referred to in this chapter, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
ACCESSORY STRUCTURE OR BUILDING
A subordinate structure on the same lot as the principal or main building or use.
BLIGHTING
A deteriorating influence or conditions affecting use and value of real estate.
BUILDING
Any building, structure or part thereof, having a roof supported by columns or walls, whether used for human habitation, use or occupancy or unused, vacant, unoccupied or abandoned, and includes any necessary buildings and appurtenances belonging thereto or usually enjoyed therewith.
DETERIORATION
The condition or appearance of a building or a 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.
DONATION BIN
Any enclosed receptacle, container or other depository made of metal, steel or a similar product and designed or intended for the donation and the temporary storage of clothing or other materials.
[Added 2-8-2012 by Ord. No. 2012:1113]
EXPOSED TO PUBLIC VIEW
Any premises or any part of any premises which may be lawfully viewed by the public or any member thereof.
EXTERIOR OF PREMISES
Those portions of a building or a structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto, and the open land space of any premises outside of any building or structure erected thereon.
IMMINENT DANGER
A condition that could cause serious or life-threatening injury or death at any time.
INFESTATION
The presence on or within a premises of any insects, rodents or other pests that present a safety hazard.
JUNKED VEHICLE
Any vehicle or trailer which is without a current valid license plate and/or is unregistered as required by Title 39 of the New Jersey statutes and/or is in a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned conduit on. The Code Enforcement Officer determines whether or not a vehicle warrants this classification. Specifically exempt from the definition of a "junked vehicle" are vehicles registered as historic vehicles.
LITTER or RUBBISH
Nonputrescible solid wastes, 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.
(1) 
Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New Jersey, its governmental agencies or the ordinances of the Borough of Closter.
(2) 
Any condition which may be detrimental to the health or safety of all persons, whether on or inside a building, on the lands and premises containing a building or in or upon an unoccupied lot. This includes, but is not limited to, such conditions created by abandoned, open or structurally unsound wells, shafts, towers, basements, foundations or excavations; abandoned iceboxes, refrigerators, motor vehicles or parts thereof; structurally unsound buildings, structures or fences; lumber, trash, debris, rubbish, refuse containers, construction material, tree stumps, dead or dying trees, stones, appliances, furniture or household goods; or sudden depressions or holes in the land.
(3) 
Any physical condition potentially dangerous or hazardous to human life or safety or tending to be detrimental to the health of persons on or near or passing within the proximity of the premises where said condition exists.
(4) 
Any condition which creates a fire hazard.
(5) 
Any condition which is deemed unsightly by the Code Enforcement Officer or other Closter official designated by § 147-3D of this chapter as Assistant Code Enforcement Officers.
OCCUPANT
Any individual living or sleeping in a building or having possession of a space within a building.
OPERATOR
Any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner.
OWNER
The owner or tenant of a single lot in the Borough of Closter. For the purposes of this section, the term "owner" also means the person or entity who files a summons and complaint in an action to foreclose, and this person or entity shall be responsible for maintenance and upkeep of vacant residential properties.
[Amended 10-12-2011 by Ord. No. 2011:1106; 12-22-2014 by Ord. No. 2014:1180]
PODS
Portable on-site demand storage.
[Added 10-12-2011 by Ord. No. 2011:1106]
PREMISES
A lot, plot or parcel of land, including the building or structures thereof.
REFUSE
All putrescible and nonputrescible solid wastes, including but not limited to garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles and parts thereof, solid market and industrial wastes.
SOLICITATION or SOLICIT
The request, directly or indirectly, for money, credit, property, financial assistance or other thing of any kind of value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.
[Added 2-8-2012 by Ord. No. 2012:1113]
STORAGE CONTAINER
A receptacle or container that is less than 1,500 cubic feet, or any aggregate of that total (if multiple PODS), that is suitable for the depositing of household furnishings, clothing and similar materials for the purpose of storage of same by the owner on a temporary basis when moving, construction or renovation is ongoing by the owner on his/her lot in the Borough, PODS®, a registered trademark, is included within this definition of a storage container, which PODS or storage container must also be in good condition.
[Added 10-12-2011 by Ord. No. 2011:1106]
STRUCTURE
An assembly of materials forming a construction, including but not limited to buildings, platforms, sheds, bins, shelters, walls, fences and display racks and signs. Also defined as a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.
TRAILER
A structure standing on blocks, wheels, towed or hauled by another vehicle and used for carrying materials, goods, objects or as a temporary office.
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 and apply to several persons or parties as well as to one person, and to females as well as males, and to bodies, corporations, associations or partnerships as well as individuals, and to several matters and things as well as one matter or thing. The word "shall" shall be applied retroactively as well as prospectively.
A. 
Maintenance. The exterior of the premises shall be kept free of litter (including, without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper, wrappings, cardboard, bottles, boxes and broken glass) and all nuisances and hazards to tenants, occupants, pedestrians and other persons having access to the premises and maintained in a sanitary condition. The word "hazards" shall include, but not limited to, the following:
(1) 
Refuse.
(2) 
Dangerous loose and overhanging objects, including but not limited to dead trees or tree limbs, accumulations of ice or any other object, natural or man-made, which could threaten the health and safety of persons if caused to fall or other similar dangerously loose and overhanging objects which, by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof.
(3) 
Abandoned iceboxes, refrigerators, boilers, hot-water heaters, television sets and other similar major appliances or any other attractive nuisance.
B. 
Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
C. 
Landscaping. Landscaping, hedges and bushes shall be kept from being overgrown where exposed to public view and from becoming a blighting factor for adjoining properties.
D. 
Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation.
E. 
Sanitation. All exterior property and premises shall be maintained free from any accumulation of rubbish, garbage or household goods and shall be in a sanitary condition at all times.
F. 
Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon, and to prevent the runoff of drainage water upon bordering properties.
G. 
Accessory structures. All accessory structures, including but not limited to detached garages, fences, walls and stairways, shall be maintained structurally sound, free from hazardous conditions and in good repair.
H. 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces, paved areas and similar areas shall be kept in a state of good repair and maintained free from cracks and crevices, potholes and other hazardous conditions.
I. 
Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, in good repair and free from hazardous conditions.
J. 
Waterways, brooks etc. All waterways, brooks, drainage ditches and swales, to the extent that the same are located on or immediately adjacent to the premises, shall be maintained in good condition, free of debris, plantings or other obstructions.
K. 
Motor vehicles and trailers. No motor vehicle or trailer which is either without a current inspection sticker; or without current license plates; or without a currently valid New Jersey registration; or is classified as a junked vehicle by the definition set forth in this chapter shall be parked, kept or stored on any premises, and no motor vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled unless such vehicle is kept within a garage or automobile service station service bay. Exception: Specifically exempt from the aforesaid are vehicle registered as historic vehicles, vehicles at approved towing yards and vehicles being repaired at approved auto body shops.
L. 
Residential parking. No person shall park, stop or stand any motor vehicle on any portion of any premises except on driveways constructed and installed in compliance with applicable Borough ordinances.
M. 
Trailers. No person shall park, stop or stand any trailer on any portion of any premises at any time. Exception: Specifically exempt from the aforesaid are trailers licensed or classified as "recreational."
N. 
Compost pile. Compost piles must be shielded from public view and must be kept free from garbage, offensive odors and rodents.
O. 
Firewood. Firewood must be stored in the rear yard only.
P. 
Screening. All commercial areas, including nonconforming uses, for which no site plan approval has been granted by the Borough Planning Board shall be screened from adjacent noncommercial areas by means of a fence, partition, screen, structure, wall, planting or similar device. Any such fence, partition, screen, structure, wall, planting or similar device shall be constructed or planted and maintained in compliance with the ordinance or ordinances governing such structure or planting in effect for the Borough of Closter.
Q. 
Outdoor lighting.
[Added 12-27-2006 by Ord. No. 2006:977]
(1) 
The outdoor lighting provisions of the Property Maintenance Code are intended to:
(a) 
Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.
(b) 
Protect drivers and pedestrians from disabling glare or nonvehicular light sources.
(c) 
Protect neighbors, wildlife, and the night sky from nuisance glare and light trespass from improperly selected or poorly aimed, placed, applied, maintained or shielded light sources.
(d) 
Promote energy-efficient lighting design and operation.
(e) 
Protect and retain the intended character of the various portions of the municipality.
(2) 
Control of nuisance and disabling glare (excessive brightness in the field of view).
(a) 
All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(b) 
All lighting that is not fully cut off or fully shielded, where specifically approved by the municipality, shall be so installed and aimed so that it does not project its output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.
A. 
Exterior surfaces. All exterior surfaces, including but not limited to doors, door and window frames, roofs, cornices, porches, trim, balconies and decks shall be maintained in good condition and free from any hazards. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All surfaces shall be maintained free from broken glass, loose shingles, crumbling stone or brick or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety hazard eliminated and adjoining properties and the neighborhood protected from blighting influence. All reconstruction of walls and siding shall be of standard quality and their appearance shall commensurate with the character of the properties in the Zoning district in which the premises is located, such that the materials used will not be of a kind that, by their appearance under prevailing appraisal practices and standards, will depreciate the value of neighboring and adjoining premises.
B. 
Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials and maintained weatherproof and properly surface coated where required to prevent deterioration.
C. 
Roofs. All roofs shall be structurally sound, maintained free from safety hazards and in good repair and shall not have defects, which may admit rain, and roof drainage shall be adequate from causing dampness in the walls or interior portion of the building.
D. 
Drainage. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
E. 
Decorative features. All cornices, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage so not to constitute a nuisance or safety hazard.
F. 
Overhang extensions. All overhang extensions, including but not limited to canopies, marquees, signs, metal awnings and exhaust ducts shall be maintained in good repair and properly anchored so as to be kept in a condition which shall not constitute a nuisance or a safety hazard. In the event that such overhang extensions are not properly maintained with the foregoing, they shall, together with their supporting members, be removed forthwith. If such overhang extensions are made of cloth, plastic or of similar materials, said material shall be maintained in a condition that shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. No overhang extension shall be permitted to encroach on any streets, sidewalks or other parts of the public domain.
G. 
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, free of safety hazards and in good repair, with proper anchorage and capable of supporting the imposed loads.
H. 
Chimneys. All chimneys, smoke stacks and similar appurtenances shall be maintained structurally sound and in good repair.
I. 
Storefronts. All storefronts shall be maintained in good repair and free from safety hazards, and all surfaces thereof shall be painted, where applicable, for purposes of preservation and appearance. In the event repairs to the storefront are completed, such repairs shall be performed with materials identical or compatible with the materials used in the area not undergoing repair, to the end that the appearance of the storefront shall be uniform and attractive and shall not constitute a blighting factor depreciating adjoining properties.
J. 
Building street numbers. All residential and commercial building numbers shall be visible from the road and maintained in good repair at the cost and expense of the property owner or owners.
A. 
General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound, free from nuisances and in a sanitary condition.
B. 
Windows. No storage of materials, stock or inventory shall be permitted in window display areas unless said areas are first screened from the public view by permanent rendering of the windows opaque to the public view. All such screening of interiors shall be maintained in a clean and attractive manner and in a state of good repair.
A. 
Accumulation of rubbish or garbage. All exterior property and premises shall be free from any accumulation of rubbish or garbage.
B. 
Disposal of rubbish or garbage. Every occupant of a structure shall dispose of all rubbish and garbage in a clean and sanitary manner by placing the aforementioned in approved containers.
All conditions, stipulations and/or requirements of approval incorporated in resolutions or other acts of the Borough of Closter or of any duly constituted board or agency of the Borough shall be adhered to and shall be construed to be continuing conditions of approval.
[Amended 11-23-2009 by Ord. No. 2009:1061]
In the event that any owner, tenant or person in possession fails to cut any brush, hedges or other plant life or to cut or trim any tree or vegetation after notice is given, as set forth in § 147-6, the same shall be cut or trimmed under the direction and supervision of the Superintendent of the Department of Public Works, who shall certify the cost thereof to the governing body. The governing body shall examine the certification of such costs and, if found correct, shall cause the costs as shown thereon to be charged against the affected property and to be assessed and levied as a lien as allowed pursuant to N.J.S.A. 40:48-2.27. In the event that such costs are deemed excessive, the governing body shall cause reasonable costs to be charged against said property. The amount so charged shall forthwith become a lien upon the affected property, the same to bear interest at the same rate as other taxes and which shall be collected and enforced by the same officers and in the same manner as taxes.
Penalties and fines for violations of this chapter shall be as set forth in Chapter 1, Article II of the Code of the Borough of Closter.
[Added 10-12-2011 by Ord. No. 2011:1106]
A. 
General instructions.
(1) 
A single storage container of 1,500 cubic feet or any aggregate of that total (if multiple containers) or less shall be permitted on any lot in the Borough on a temporary basis as set forth hereafter. Larger-size storage containers are prohibited in all residential zones.
(2) 
It may be located in any yard area but no closer than five feet from all interior property lines, and it shall not be located any closer than 10 feet to any street line.
(3) 
The location of the temporary storage container on a corner property shall not cause a sight obstruction at an intersection.
(4) 
A storage container(s) shall be permitted in accordance with this section, but it shall only remain on the lot for a maximum of 30 days from the date that the permit is issued.
(5) 
A storage container(s) with a valid permit issued pertaining to the need for a storage container shall only remain on the lot for a maximum of 90 days when there is a need for a storage container.
B. 
Permit requirements. Before any owner shall be permitted to place a storage container(s) on the lot, an application to the Building Department for a permit to do so shall be filed and approved. The application shall identify the owner and/or the tenant, location, size and the length of time that the storage container is requested.
(1) 
A storage container shall be permitted to remain for the following length of time:
(a) 
Thirty days.
(b) 
Ninety days if a valid building permit was issued pertaining to the need for a storage container.
(2) 
The owner may seek to keep the storage container for an additional period of time by making a separate application for extension to the Building Department with the understanding and acknowledgment that any extension granted will not be further extended and additional fees will be required unless extenuating circumstances apply, such as a fire or natural disaster.
C. 
Fees. In addition to submitting the applications referred to above, each application shall be accompanied with payment of a fee to the Borough of $50 and in the case of an extension application, with payment of a fee to the Borough of $100. The fees in question will cover the administrative costs of the Borough, as well as any oversight to make certain that the applicant performs in accordance with its application, including but not limited to the removal of the container at the expiration of the permit.
D. 
Violations and penalties. Any person who violates any provisions of this section shall, upon conviction, be punished by a fine not to exceed $200 or by imprisonment not to exceed 90 days, or both. Each and every day that a violation exists shall be deemed a separate and distinct violation.
[Added 2-8-2012 by Ord. No. 2012:1113]
A. 
Purpose. Pursuant to N.J.S.A. 40:48-2.60 through 40:48-2.64, the purpose of this section is to provide a uniform set of procedures for administering the placement and maintenance of clothing bins within the Borough of Closter ("Borough"), as well as providing for a uniform set of procedures for administering the issuance and revocation of all permits issued by the Borough for the placement of clothing bins, consistent with state law.
B. 
Permit required. Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a clothing bin for solicitation purposes within the Borough without first obtaining a permit, valid for a period of one year, from the Borough Construction Official as hereinafter provided.
C. 
Application for permit; fee.
(1) 
Application for a permit to place and/or maintain a clothing bin shall be made, in writing, to the Borough Construction Official prior to placing and/or maintaining the clothing bin.
(2) 
The application shall contain the following information:
(a) 
The name, address and telephone number of the person, firm, corporation, club or charitable organization, institution or association placing and/or maintaining such clothing bin;
(b) 
The name and address of the owner of the premises on which the clothing bin is to be located, and the written consent of the owner if the applicant is other than the owner;
(c) 
The location where the clothing bin would be situated, as precisely as possible;
(d) 
A description, including dimensions of the proposed clothing bin;
(e) 
The manner in which the person, firm, corporation, club or charitable organization, institution or association anticipates any clothing or other donations collected via the clothing bin would be used, sold or dispersed, and the method by which the proceeds of collected donations would be allocated or spent; and
(f) 
The schedule of pickups removing the articles from the clothing bins, which can be no less often than once per week, and the name and telephone number of the person to be notified if the clothing bin is overflowing prior to the scheduled date of pickup.
(3) 
The fee for such application for the permit to place and/or maintain a clothing bin shall be $60.
(4) 
The permit shall expire one year (12 months) after the date of issue.
(5) 
An expiring clothing bin permit may be renewed upon payment of the renewal fee of $60 and by application to the Borough Construction Official for renewal that shall include the following information:
(a) 
The name, address and telephone number of the person, firm, corporation, club or charitable organization, institution or association placing and/or maintaining such clothing bin;
(b) 
The name and address of the owner of the premises on which the clothing bin is to be located and the written consent of the owner if the applicant is other than the owner, and, if the applicant intends to move it, the new name and address of the owner of the premises on which the clothing bin is to be located and the written consent of the owner if the applicant is other than the owner;
(c) 
The location where the clothing bin would be situated, as precisely as possible, and, if the applicant intends to move it, the new location where the clothing bin would be situated, as precisely as possible;
(d) 
A description, including dimensions of the proposed clothing bin;
(e) 
The manner in which the person, firm, corporation, club or charitable organization, institution or association has used, sold or dispersed any clothing or other donations collected via the clothing bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person, firm, corporation, club or charitable organization, institution or association anticipates it may make in these processes during the period covered by the renewal; and
(f) 
The schedule of pickups removing the articles from the clothing bins, which can be no less often than once per week, and the name and telephone number of the person to be notified if the clothing bin is overflowing prior to the scheduled date of pickup.
D. 
Information to be displayed on bins; health or safety hazard; accessory use; maintenance of bin area.
(1) 
The following information shall be clearly and conspicuously displayed on the exterior of the clothing bin:
(a) 
The permit number and its date of expiration;
(b) 
The name and address of the registered person, firm, corporation, club or charitable organization, institution or association that owns the clothing bin and of any other entity which may share or profit from any clothing or other donations collected via the bin;
(c) 
The telephone number of the person, firm, corporation, club or charitable organization, institution or association's bona fide office and, if applicable, the telephone number of any other entity which may share or profit from any clothing or other donations collected via the bin;
(d) 
In cases when an entity other than the person who owns the clothing bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared, or given entirely to, an entity other than the person, firm, corporation, club or charitable organization, institution or association who owns the bin and identifying all such entities which may share or profit from such donations; and
(e) 
A statement indicating the manner in which the person, firm, corporation, club or charitable organization, institution or association anticipates any clothing or other donations collected via the bin would be used, sold or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
(2) 
An application for a permit to place and/or maintain a clothing bin shall not be granted and a permit may be revoked if the Borough Construction Official determines that the placement of the bin could constitute a health or safety hazard. Such hazards shall include, but are not limited to, the placement of a clothing bin in parking spaces, in any area that interferes with pedestrian or vehicular traffic, landscaping or required setbacks or within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases or is likely to or does attract vermin or litter.
(3) 
Each clothing bin shall be accessory to an existing nonresidential use.
(4) 
Each clothing bin and surrounding area shall be maintained in a neat, clean and orderly condition. Failure to maintain the clothing bin and surrounding area in a neat, clean and orderly condition shall be cause for revocation of the permit granted hereunder.
E. 
Enforcement. This section shall be enforced by the Building Department and/or Borough Construction Official. All clothing bins shall be subject to inspection by the Building Department or any duly authorized representative of the Borough.
F. 
Receipt and investigation of complaints.
(1) 
The Building Department and/or Borough Construction Official shall receive and investigate, within 30 days, any complaints from the public about a clothing bin.
(a) 
Whenever it appears that a person, firm, corporation, club or charitable organization, institution or association has engaged in, or is engaging in, any act, omission or practice which violates this section, the person, firm, corporation, club or charitable organization, institution or association who placed and/or maintains the clothing bin shall be issued a warning, stating that if the violation is not rectified or a hearing is not requested within 45 days, the bin will be seized or removed at the expense of the person, firm, corporation, club or charitable organization, institution or association which placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of.
(b) 
In addition to any other means used to notify the person, firm, corporation, club or charitable organization, institution or association which placed the bin, such warning shall be affixed to the exterior of the bin itself.
(2) 
In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Borough may seize the bin, remove it, or have it removed, at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Borough.
G. 
Violations and penalties; remedies.
(1) 
Any person, firm, corporation, club or charitable organization, institution or association violating any of the provisions of this section and/or Section 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61), which results in the seizure of the donation clothing bin shall be:
(a) 
Subject to a penalty of up to $20,000 for each violation. The Borough Construction Official may bring this action in the Municipal Court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., and any penalty monies collected shall be paid to the Borough; and
(b) 
Deemed ineligible to place and maintain a clothing bin pursuant to this section. A person, firm, corporation, club or charitable organization, institution or association disqualified from placing and/or maintaining a clothing bin by violating the provisions of this section may apply to the Borough Construction Official to have eligibility of that person, firm, corporation, club or charitable organization, institution or association restored. The person, firm, corporation, club or charitable organization, institution or association may have its eligibility restored if that person, firm, corporation, club or charitable organization, institution or association has:
[1] 
Acted within the public interest; and
[2] 
Demonstrated a good faith effort to comply with the provisions of this section, and all other applicable laws and regulations, or had no fraudulent intentions.
(2) 
In addition to any other penalties or remedies under this section, any person, firm, corporation, club or charitable organization, institution or association that violates any provision which results in a threat to public health or safety shall be subject to all penalties and remedies available under the Borough's police powers.
[Added 11-8-2017 by Ord. No. 2017:1231]
A. 
Purpose. This section is adopted to control the planting, cultivating or growing of bamboo in the Borough of Closter, and to require barriers to prevent the spread of existing bamboo into other areas of the Borough.
B. 
Regulation of planting, growing or cultivating of bamboo. Subject to certain exemptions set forth in this section, no persons, or other property owners or tenants, shall plant, cultivate, or cause to grow any bamboo on any lot or parcel of ground in the Borough of Closter, subject to the following exceptions:
(1) 
The root system of such bamboo plants is entirely contained within an above-ground-level planter, barrel, or other vessel of such design, material, and location as to entirely prevent the spread of growth of the bamboo plants' root system beyond the container in which it is planted; or
(2) 
The root system is contained within a properly constructed and maintained barrier system.
(3) 
Whether planted or growing in a container, as described herein, all bamboo plants shall be located, trimmed and maintained so that no part of the plant shall be closer than 10 feet from any property line or right-of-way.
C. 
Exemptions. This section shall not apply to any land owner or possessor who, prior to the effective date of this section, has planted or caused to grow any bamboo on any property within the Borough limits unless the Chief of Police or Construction Code Official or member of the Closter Police Department determines, on his or her own or upon complaint from any abutting or nearby property owner, that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or any private property not owned by or in the possession of such land owner, tenant or any possessor of said land.
D. 
Complaint notice; order for removal; compliance. Whenever a complaint is received by the Borough regarding the encroachment of any bamboo plant or root, or whenever the Borough on its own observation and inspection determines that there is an encroachment of bamboo plants or roots on to the property of another, the Borough, through its delegated official, shall forward a notice of violation to the alleged offending person, property owner, or other in possession of such property (hereinafter the "violator"), which notice shall be substantially as follows:
(1) 
The notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage, and also by first-class mail. Notice by certified mail shall be deemed complete on the date of personal delivery, or the date the certified mail is marked refused or unclaimed or otherwise undeliverable by the United States Post Office, when the first-class mail was not returned.
(2) 
The notice shall specify the nature of the violation.
(3) 
The notice shall state that the violation must be corrected within 30 days from the date of the received or returned mailing.
(4) 
The notice shall state specifically what must be done by the violator to correct the violation.
E. 
Violations and penalties.
(1) 
Any person determined by any court of competent jurisdiction to have violated this section shall be subject to pay a fine of not less than $25 per day, nor more than $100 per day, for each day the violation existed after the date for cure as set forth in the notice. Each day of a continuing violation shall constitute a separate offense, for which an additional fine can be levied. The per-day fine will be in addition to a penalty for failure to comply with this section. This fine can be up to the maximum penalty set by the State of New Jersey.
(2) 
If the violation is not remedied within the time set forth in the aforesaid notice, the Borough is hereby authorized to remove or have removed any encroaching bamboo and to take all reasonable steps to eradicate the regrowth of the bamboo on the public rights-of-way, including sidewalks, and to restore such land to its normal condition, prior to such removal and eradication.
(3) 
The cost of the corrective action together with any civil penalties, legal fees and other costs shall be recoverable from the violator or other responsible party.