[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 5-14-1969 by Ord. No. 608 (Ch. 7, Art. 1
of the 1969 Code). Amendments noted where applicable.]
This chapter shall be known as the "Property
Maintenance Code of the Borough of Paramus" and may be referred to
in this chapter in the short form as the "Property Maintenance Code"
or as "this code."
A.Â
It is hereby found and declared that there exist in
the Borough structures used for residential and nonresidential purposes
which are or may become in the future substandard with respect to
structure, equipment or maintenance, and further, that such conditions,
including but not limited to structural deterioration; inadequate
maintenance; infestation; inadequate provisions for essential utilities
or facilities; inadequate provisions for light and air; and unsanitary
conditions constitute a menace to the health, safety and welfare of
the residents and inhabitants of the Borough.
B.Â
It is further found and declared that the existence
of such conditions has the further effect of creating blight and substandard
neighborhoods and that by the enactment of timely regulations and
restrictions as herein contained, the development of blight may be
prevented and neighborhood and property values maintained and the
public health, safety and welfare protected and fostered.
A.Â
The purpose of this chapter is to:
(1)Â
Protect the public health, safety and welfare by establishing
minimum standards governing the maintenance, appearance, condition
and occupancy of residential and nonresidential premises.
(2)Â
Establish minimum standards governing facilities and
other physical components and conditions essential to make the aforesaid
facilities fit for human habitation, occupancy and use.
(3)Â
Fix certain responsibilities and duties upon owners,
operators and occupants.
(4)Â
Fix penalties for the violation of this chapter.
B.Â
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 as stated herein.
The following words and 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:
A building or use that is on the same lot as; subordinate
to; under the same ownership or control as; and used for the purpose
customarily incident to the use of the main building.
The condition or appearance of a building or part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting, other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any public nuisance known at common law or in
equity jurisprudence or as provided by the statutes of the state or
the ordinances of the Borough.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building, on the
premises of a building or upon an unoccupied lot. This includes but
is not limited to abandoned wells, shafts, basements, excavations,
abandoned iceboxes, refrigerators or motor vehicles, any structurally
unsound fences or structures, lumber, trash or debris.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
Unsanitary conditions or conditions which render
air, food or drink detrimental to the health of human beings.
Any person living, sleeping or having actual possession of
a dwelling unit or rooming unit.
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.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof or shall have charge, care
or control of any dwelling or dwelling unit as owner or agent of the
owner or as fiduciary, including but not limited to executor, executrix,
administrator, administratrix, trustee, receiver or guardian of an
estate, or as a mortgagee in possession, regardless of how such possession
was obtained. Any person who is a lessee subletting or reassigning
any part or all of any dwelling or dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
A lot, plot or parcel of land, including the buildings or
structures thereon.
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
(See also "garbage" and "rubbish.")
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials. (See also "garbage" and "refuse.")
Anything that is built or constructed and permanently affixed
on or under the ground or upon another structure or building.
Every residential and nonresidential building
and the premises on which it is situated in the Borough previously
or presently used or intended to be used for dwelling, commercial,
business or industrial occupancy shall comply with the provisions
of this code, whether or not such building shall have been constructed,
altered or repaired before or after October 9, 1968, and irrespective
of any permits or licenses which shall have been issued for the use
or occupancy of the building or for the installation or repair of
equipment or facilities prior to October 9, 1968.
This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein except as provided in § 339-7.
In any case where the provisions of this code
impose a higher standard than set forth in any other ordinance of
the Borough or under the laws of the state, then the standards as
set forth herein shall prevail, but if the provisions of this code
impose a lower standard than any other ordinance of the Borough or
of any law of the state, then the higher standard contained in any
such other ordinance or law shall prevail.
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.
Owners and operators shall have all the duties
and responsibilities as prescribed in this code, and no owner or 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.
Occupants shall have all the duties and responsibilities as prescribed in § 339-15 of 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 thereof by reason of the fact that the owner or occupant is also responsible therefor and in violation thereof.
Unless expressly provided to the contrary in
this code, the respective obligations and responsibilities of the
owner and operator on 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.
A.Â
Residential and nonresidential. The exterior of the
premises and all structures thereon shall be kept free of any hazards
to the safety of occupants, pedestrians and other persons utilizing
the premises and free of unsightly or unsanitary conditions, and any
of the foregoing shall be promptly removed and abated.
B.Â
It shall be the duty of the owner or operator to keep
the premises free of hazards and unsightly or unsanitary conditions
which include, but are not limited to, the following:
(1)Â
Ground surface hazards, including, without limitation,
holes, excavations, breaks, projections or obstructions which constitute
a hazard to persons using the premises.
(2)Â
Inadequate foundation walls, piers and columns. Foundation
walls, piers, columns or similar load-bearing components shall be
kept structurally sound, free from defects and damage and capable
of bearing imposed loads safely.
(3)Â
Loose and overhanging objects including, without limitation,
dead and dying trees, accumulations of ice or other similar conditions
which, by reason of their location above ground level, constitute
a hazard to persons in the vicinity thereof.
(4)Â
Refuse, including, without limitation, junk, debris,
scrap lumber, scrap metal, inoperable machinery or parts and fragments
thereof, glass, tree stumps and trash.
(5)Â
Unsafe exterior facilities, including, without limitation,
exterior porches, landings, balconies, stairs and fire escapes, all
of which shall be kept structurally sound and in good repair and which
shall be provided with bannisters or railings properly designed and
maintained.
A.Â
Residential. The exterior of the premises, the exterior
of dwelling structures and the condition of accessory structures shall
be maintained so that the appearance of the premises and all buildings
thereon shall reflect a level of maintenance in keeping with the residential
standards of the neighborhood and such that the appearance of the
premises and structures shall not constitute a blighting factor depreciating
adjoining properties nor an element leading to the progressive deterioration
and downgrading of the neighborhood with the accompanying diminution
of property values.
(1)Â
In order to preserve property values, eliminate safety
hazards and protect adjoining properties and the neighborhood from
blighting influences, the exterior of every structure or accessory
structure (including fences) shall be maintained in good repair, and
all surfaces thereof shall be kept painted or whitewashed where necessary
for purposes of preservation and appearance and be free of broken
glass, loose shingles, crumbling stone or brick or excessive peeling
paint. The grounds shall be maintained to an extent sufficient to
prevent the appearance thereof from constituting a blighting factor
depreciation adjoining properties and impairing the residential character
of the neighborhood.
(2)Â
Front yard parking or standing of motor vehicles.
No person shall park, stop or stand any motor vehicle or permit or
suffer the same to be done in any front yard area of premises occupied
by a dwelling except on driveways and parking areas constructed and
installed in compliance with applicable Borough ordinances.
(3)Â
It shall be the responsibility of any owner of real
property abutting any public street or sidewalk in the Borough of
Paramus to maintain and repair and, if necessary, reconstruct the
sidewalks in front of and abutting such property whenever such sidewalks
are in disrepair as to constitute a hazard to the general public.
The property owner shall have the option of selecting one of the following:
[Amended 5-12-1987 by Ord. No. 87-13]
(a)Â
Within 45 days of notice from the Borough of
Paramus, the property owner shall voluntarily make all such repairs
at his own cost and expense. The work shall be performed in accordance
with the standards established by Borough ordinance and the Department
of Public Works.
(b)Â
The Borough shall make all such repairs with
permission from the owner. The exact cost incurred by the Borough
shall be paid by the owner. In the event that the owner fails to pay
the Borough within 30 days of said repair, then the Borough shall
certify to the Tax Collector the cost of said repair, which shall
become a lien upon said lands abutting the subject property to the
same extent that assessments for local improvements are liens in the
Borough of Paramus under general law, and said costs shall be collected
in the manner provided by law for the collection of such other assessments,
bearing interest at the same rate. Nothing herein shall deprive the
Borough of Paramus of its right to bring an action to recover said
amount against the owner of said lands.
(4)Â
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 from debris, plantings or other obstructions.
B.Â
Nonresidential. The exterior of the premises and the
condition of accessory structures shall be maintained so that:
(1)Â
The appearance of the premises and all buildings thereon
shall reflect a level of maintenance in keeping with the standards
of the zoning district in which the property is located; and
(2)Â
The appearance of the premises and structures shall
not constitute a blighting factor depreciating adjoining properties
nor be an element leading to the progressive deterioration and downgrading
of the neighborhood or the zoning district in which the property is
located.
(a)Â
General maintenance. In order to preserve property
values, eliminate safety hazards and protect adjoining properties
and the neighborhood from blighting influences, the exterior of every
structure or accessory structure (including fences) shall be maintained
in good repair, and all surfaces thereof shall be kept painted or
whitewashed where necessary for purposes of preservation and appearance
and be free of broken glass, loose shingles, crumbling stone or brick
or excessive peeling paint. The grounds shall be maintained to an
extent sufficient to prevent the appearance thereof from constituting
a blighting factor depreciating adjoining properties and impairing
the character of the neighborhood.
(b)Â
Conditions of approval. All conditions of approval
incorporated in resolutions or other acts of the Borough Council 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.
All on-site improvements of every kind or nature, including, without
limitation, sidewalks, curbs, catch basins, storm drains and driveways
installed pursuant to the requirements of the Borough Council or any
duly constituted board or agency of the Borough shall be maintained
in good and serviceable condition at all times.
(c)Â
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 drapes, venetian blinds or other
permanent treatment rendering the windows opaque to the public view.
All such screening of interiors shall be maintained in a clean and
attractive manner and in a good state of repair.
(d)Â
Storefronts. All storefronts shall be maintained
in good repair and all surfaces thereof shall be kept painted, when
necessary for purposes of preservation and appearance. In the event
that repairs to a portion of a storefront are made, 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.
(e)Â
Any awning or marquee and its accompanying structural
members which extend over any street, sidewalk or other portion of
the premises shall be maintained in good repair and shall not constitute
a nuisance or a safety hazard. In the event that such awnings or marquees
are not properly maintained in accordance with the foregoing, they
shall, together with their supporting members, be removed forthwith.
In the event that said awnings or marquees are made of cloth, plastic
or of similar materials, said cloth or plastic, where exposed to public
view, shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks or other parts of the public domain.
(f)Â
Signs. All signs, including the structural and
supporting components thereof, and all light stanchions and poles
shall be maintained in good repair.
(g)Â
Parking lines. All parking areas shall be marked
with clearly visible parking lines and necessary directional arrows.
Such markings shall be consistent with any requirements as to parking
areas imposed by the Borough Council or any other duly constituted
board or agency of the Borough.
(h)Â
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 from debris, plantings or other obstructions.
A.Â
Residential. To avoid safety or health hazards, every
dwelling and accessory structure and every part thereof shall be kept
structurally sound and in a state of good repair, including:
(1)Â
Exterior walls, sidings and roofs. Exterior walls,
sidings and roofs shall be kept structurally sound, in good repair
and free from defects.
(2)Â
Painting and other protective coating. All exposed
surfaces susceptible to decay shall be kept at all times painted or
otherwise provided with a protective coating sufficient to prevent
deterioration.
(3)Â
Weather- and watertightness. Every dwelling shall
be so maintained as to be weather- and watertight.
(4)Â
Exterior walls, roofs, etc. Exterior walls, roofs,
windows, window frames, doors, door frames, foundations and other
portions of the structure shall be so maintained as to prevent water
from entering the structure under normal conditions and to prevent
excessive drafts. Damaged materials must be repaired or replaced promptly;
places showing signs of rot, leakage, deterioration or corrosion are
to be restored and protected against weathering or seepage.
B.Â
Nonresidential. The exterior of every structure or
accessory structure (including fences and storefronts) shall be maintained
in good repair, and all surfaces thereof shall be kept painted or
whitewashed where necessary for purposes of preservation and appearance.
All surfaces shall be maintained free of broken glass, loose shingles,
crumbling stone or brick, excessive peeling paint or other conditions
reflective of deterioration or inadequate maintenance to the end that
property itself may be preserved. All safety hazards shall be eliminated
and adjoining properties and the neighborhood protected from blighting
influences. All reconstruction of walls and sidings shall be of standard
quality and appearance commensurate with the character of the properties
in the zoning district in which the premises are located, and the
materials used shall not be of a kind that by their appearance under
prevailing appraisal practices and standards will depreciate the value
of neighboring and adjoining premises as aforesaid.
A.Â
Basements and cellars. Basements, cellar and crawl
spaces are to be maintained free of moisture, and ventilation shall
be required where necessary to prevent accumulations of moisture and
dampness.
B.Â
Freedom from infestation. All parts of the premises
shall be maintained so as to prevent infestation.
C.Â
General sanitation and safety. All parts of the premises
shall be kept in a clean and sanitary condition, free of nuisances
and free from health, safety and fire hazards.
D.Â
Accumulations of garbage. No accumulation or obstruction
from garbage, refuse or rubbish shall be permitted on common stairways,
areaways, balconies, porches, hallways, basements or cellars.
E.Â
Floors, interior walls and ceilings. Floors, interior
walls and ceilings of every structure shall be structurally sound
and maintained in a clean and sanitary condition.
F.Â
Floors, generally. Floors shall be considered to be
structurally sound when capable of safely bearing imposed loads and
shall be maintained at all times in a condition so as to be smooth,
clean, free from cracks, breaks and other hazards.
G.Â
Bathrooms, water closet compartments and kitchen floors.
Bathrooms, water closet compartments, shower rooms and kitchen floors
shall be kept at all times in a clean and sanitary condition.
H.Â
Walls and ceilings, generally. Walls and ceilings
shall be maintained in good repair and free from cracks, breaks, loose
plaster and similar conditions. Walls shall be provided with paint,
paper, sealing material or other protective covering so that said
walls and ceilings shall be kept clean, free of visible foreign matter,
sanitary and well maintained at all times.
I.Â
Stairs and railings. Interior stairs of every structure
shall be structurally sound and free from defects. Stairs shall be
adequately lighted in all places with control switches operable from
each story to permit safe use at night for persons ascending or descending,
except where artificial lighting for hallways and common areaways
is supplied, in accordance with state law or Borough ordinance, from
a master control switch.
J.Â
Garbage disposal. All structures shall be provided
with watertight receptacles, with tight-fitting covers, sufficient
in capacity to hold all refuse, garbage and waste matter emanating
from said building or structure. The receptacles shall not be located
nor maintained in such a manner as to provide the creation of a nuisance
or a health hazard.
[Amended 10-13-2009 by Ord. No. 09-24]
The Construction Code Official and/or any Zoning
Officer of the Borough are hereby designated as the officers charged
with the enforcement of this code and shall be considered Enforcement
Officers with regard to the provisions of this code. For purposes
of conducting hearings in accordance with the provisions of this code,
the Construction Code Official shall be designated as the Hearing
Officer before whom hearings shall be held. In addition, all members
of the Police Department and authorized inspectors of the Volunteer
Fire Department, Building Department and Board of Health of the Borough
are hereby designated as Assistant Enforcement Officers for purposes
of the enforcement of this code. Enforcement Officers are hereby authorized
and directed to exercise the powers prescribed by this code, to enforce
this code and to make inspections to determine the condition of commercial,
business and industrial premises, structures and buildings, residential
premises, structures and buildings and dwellings, dwelling units,
lodging units (hereinafter "premises") and any and all properties
(vacant or otherwise) located within the Borough of Paramus in order
that they may perform their duties of safeguarding the health, welfare
and safety of the occupants thereof and of the general public. For
the purpose of making such inspections, the Enforcement Officers are
hereby authorized to enter, examine and survey at all reasonable times
all such premises. The owner or occupant of such premises, or the
person in charge thereof, shall give the Enforcement Officers free
access thereto at all reasonable times for the purpose of such inspection,
examination and survey. No inspection shall interfere with the legal
or constitutional rights of the owner, operator or occupant. Every
occupant shall give the owner thereof, or his or her agent or employee,
access at all reasonable times for the purpose of making such repairs
or alterations as are necessary to effect compliance with the provisions
of this chapter or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this chapter.
The Enforcement Officer may, at his election:
[Amended 10-13-2009 by Ord. No. 09-24]
A.Â
Whenever
the Enforcement Officer or any Assistant Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this code, he or she shall give notice
of such alleged violation by preparing a complaint and forwarding
said complaint to the person or persons responsible therefor as hereinafter
provided. The owner or other person receiving said complaint shall
be given an opportunity to file an answer to said complaint.
B.Â
Such notice
shall:
(1)Â
Be
in writing;
(2)Â
Include
a statement of the reasons why it is being issued;
(3)Â
State
that unless, within 10 days from service of the notice, a written
request is made for a hearing before the Hearing Officer, said notice
shall, at the expiration of such ten-day period, be deemed an order
to cease and desist from and to abate the described violation;
(4)Â
Prescribe
a reasonable time within which such person shall be required to cease
and desist from and abate such violation.
C.Â
The notice
and complaint may also contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this code.
D.Â
The notice
and complaint may be served upon the owner or occupant of the premises
or the agent of either of them, provided that such notice shall be
deemed to be properly served if a copy thereof is served upon such
person personally or sent by certified or registered mail to his or
her last known address or posted in a conspicuous place in or about
the premises affected by the notice.
[Amended 10-13-2009 by Ord. No. 09-24]
At any hearing held before the Hearing Officer
pursuant to the provisions of this code, the Hearing Officer shall
be vested with all the powers provided by law to issue subpoenas to
compel the attendance of witnesses and parties in interest and to
require the production of books, records and other documents which
may be pertinent to matters to be determined by the Hearing Officer.
The Rules of Evidence prevailing in the New Jersey Court System shall
not apply at said hearing.
[Amended 10-13-2009 by Ord. No. 09-24]
A.Â
Any person given notice pursuant to § 339-18 shall be entitled to a hearing, if requested, before the Hearing Officer.
B.Â
If such
hearing is requested, it shall be commenced no later than 10 days
after request therefor is made, provided that for good cause the Enforcement
Officer may postpone such hearing for a reasonable time.
C.Â
If, after
hearing, the Hearing Officer finds that no violation exists, the notice
of violation shall be withdrawn.
D.Â
If the
Hearing Officer finds that violation does exist, it shall enter and
issue an order requiring the abatement of the same within a prescribed
reasonable time.
E.Â
The proceedings
at such hearing, including the findings and decision of the Hearing
Officer, shall be summarized, reduced to writing and entered as a
matter of public record in the office of the Borough Clerk.
F.Â
Failure
to comply. If the owner, operator or occupant of the premises fails
to comply with an order to repair, alter, clean, remove any violation,
or improve or, at the option of the owner, operator or occupant, to
vacate and close a building, the Enforcement Officer may cause such
building to be repaired, altered, cleaned, or improved, or to be vacated,
and closed, or to be demolished in compliance with the provisions
of N.J.S.A. 40:48-2.5 et seq., or take such other action as is required
to remove the violation found to exist. The Enforcement Officer may
instruct Borough employees to remove the violation or the Borough
may employ private contractors to remove the violation, all at the
property owner and/or occupant's expense.
A.Â
Whenever the Enforcement Officer finds that an emergency
exists which requires immediate attention to protect the public health
or safety, he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
any other provisions of this code, such order shall be effective immediately.
B.Â
Any person to whom such order is directed shall comply
therewith immediately but upon petition to the Enforcement Officer
shall be afforded a hearing as soon as possible. After such hearing,
the Enforcement Officer shall continue such order in effect or modify
or withdraw it.
[Amended 9-12-1989 by Ord. No. 89-35; 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2; 10-13-2009 by Ord. No. 09-24]
A.Â
In addition to any other penalties or provisions contained hereunder, any person who shall violate any of the provisions of this chapter or any other promulgated hereunder shall, upon conviction, be subject to the penalties provided by § 1-15 of this code.
B.Â
The cost
of the filing of legal papers, expert witness fees, search fees, publications
and advertising charges incurred in the course of any hearing or proceeding
taken under this chapter determined in favor of the Borough and such
cost of such repairs, cleanups, alterations or improvements to a building,
or of vacating and closing a building, or other action taken to remove
any violations of this chapter as authorized under this code, if any,
or the amount of the balance thereof remaining after deduction of
the sum, if any, realized from the sale of materials derived from
such building, shall be a municipal lien against the real property
upon which such cost was incurred. The Enforcement Officer shall certify
the cost thereof to the governing body which shall examine the certificate
and, if found correct, shall cause the cost as shown thereon to be
charged against said lands. The amount so charged shall forthwith
become a lien upon such lands and shall be added to and become and
form part of the property taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as property
taxes, and shall be collected and enforced by the same officers and
in the same manner as property taxes.
