[HISTORY: Adopted by the Mayor and Council
of the Borough of Bergenfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-18-2005 by Ord. No. 05-2360[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Property Maintenance Code, adopted 3-16-1982 by Ord.
No. 1174.
[Amended 12-21-2021 by Ord. No. 21-2589]
A certain document, three copies of which are on file in the office of the Borough Clerk and the Construction Official of the Borough of Bergenfield, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Bergenfield, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, building and structures; by providing the standard for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of building and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the offices of Bergenfield are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, deletions and changes, if any, prescribed in § 232-2 of this article.
The following sections are hereby revised.
|
Section 101.1. Insert "Bergenfield."
|
|
Section 103.5. Insert "The Fee
Schedule will be available in the Construction Office."
|
|
Section 111. Omit.
|
|
Section 304.14. Insert "from April
1 through October 30."
|
|
Section 602.3. Insert "from October
1 through April 1," as needed.
|
|
Section 602.4. Insert "from October
1 through April 1," as needed.
|
Nothing in this article or in the Property Maintenance
Code hereby adopted shall be constructed to affect any suit or proceeding
impending in any court, or any rights acquitted, or liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed as cited in Section 3 of this Ord. No.
05-2360[1]; nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this article.
[Adopted 7-15-2003 by Ord. No. 03-2308]
The purpose of this article is to provide safety
standards for light, ventilation, occupancy and fire safety for residential
occupancies.
Smoke detectors and carbon monoxide alarms shall
be installed and maintained in all residential occupancies as per
N.J.A.C. 5:70-2.3.
[Amended 12-21-2021 by Ord. No. 21-2589]
Chapter 4 of the 2021 International Property
Maintenance Code is adopted to regulate safety standards for light,
ventilation and occupancy in residential occupancies.
The application for a certificate of occupancy
(CO) or continued certificate of occupancy (CCO ) for a residential
occupancy shall contain the following information:
A.
Purpose ( sale or rental ).
B.
Proposed date of sale or rental.
C.
Property address.
D.
Block and lot.
E.
Owner name(s) and address.
F.
Contact person name and phone number.
G.
Purchaser/tenant name and address.
H.
Delineation and quantity of existing rooms/spaces.
I.
Delineation and quantity of existing detached structures.
J.
Maximum permitted occupancy.
K.
Notarized signature of owner.
L.
Notarized signature of purchaser/tenant.
M.
Certificate of smoke detector and carbon monoxide
alarm (CSDCMAC).
[Amended 7-18-2017 by Ord. No. 17-2512]
A public officer appointed pursuant to P.L.
1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.), or any other local official
responsible for administration of any property maintenance or public
nuisance code to issue a notice to the creditor filing the summons
and complaint if the public officer or other authorized municipal
official determines that the creditor has violated the article by
failing to provide for the care, maintenance, security and upkeep
of the exterior of the property. Such notice shall require the person
or entity to correct the violation within 10 business days of receipt
of the notice, or within five business days of receipt of the notice
if the violation presents an imminent threat to public health and
safety.
The requirements of this article shall pertain
to the sale and/or rental of all residential occupancies.
[Added 7-18-2017 by Ord.
No. 17-2512[1]]
If the public officer or other authorized municipal official
determines that the owner, tenant, creditor, or other responsible
party has failed to abate the violation within 10 days' receipt of
notice, or within five days' receipt of a notice that the violation
presents an imminent threat to the public safety, the Borough shall
cause the violation to be abated at its own expense and risk. The
Borough may retain and pay a private service to abate the violation
at reasonable cost or direct the Bergenfield Department of Public
Works to abate the violation. The Bergenfield Department of Public
Works will abate violations after normal working hours at the following
rate: a two-man crew at $90/per hour per man with an equipment charge
of $150 per incident.
[Added 7-18-2017 by Ord.
No. 17-2512]
An owner, tenant or any responsible party for the care, maintenance,
security or upkeep of a property cited in a notice pursuant to this
article by the public officer shall be subject to a fine of up to
$1,500. Any fines imposed pursuant to this section shall commence
10 days following receipt of the notice, except if the violation represents
an imminent risk to public safety, in which case any fines shall commence
five business days following receipt of the notice.
[Added 7-18-2017 by Ord.
No. 17-2512]
A.
If the Borough expends public funds in order to abate a nuisance
or correct a violation on a residential property in situations in
which the creditor was given notice pursuant to the provisions of
the public officer, but failed to abate the nuisance or correct the
violation as directed, the municipality shall have the same recourse
against the creditor as it would have against the title owner of the
property, including but not limited to the recourse provided under
§ 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).
B.
The public official shall certify the costs to the Borough Administrator
as well as the Mayor and Council, which shall examine the certificate
and, if found correct, shall cause the cost as shown thereon to be
charged against such lands. The amounts so charged shall forthwith
become a lien upon such lands and shall be added to and become part
of the taxes next to be assessed and levied upon such lands, and shall
bear interest at the same rate as taxes, and shall be collected and
enforced by the same officers and in the same manner as taxes.
[Added 7-18-2017 by Ord.
No. 17-2512]
The 2015 International Property Maintenance Code is hereby adopted
by the municipality in its entirety and shall be supplemented as follows:
A.
Section 302.4 Weeds. Premises and exterior property shall be maintained
free from weeds or plant growth in excess of eight inches.
[Added 10-18-2022 by Ord. No. 22-2605]
A.
Lead-based paint inspections.
(1)
Required initial inspection. The owner, landlord and/or agent of
every single-family, two-family and/or multiple-dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards within two years of the effective date of
the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
(2)
Required recurring inspection. After the initial inspection required by § 232-14A(1), the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
(3)
Standards. Inspections for lead-based paint in rental dwelling units
shall be governed by the standards set forth in N.J.S.A. 52:27D-43.7.1
et seq., and N.J.S.A. 55:13A-1 et seq.
(4)
Exceptions. 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, or for the fees for such inspection
or revaluation, 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
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 accord with N.J.S.A.
52:27D-437.16(d)(2).
(5)
Fees. Notwithstanding any other fees due pursuant to this article
the following fees shall be paid:
(a)
Inspection fee. A dwelling owner or landlord shall owe a fee
in the amount of $220 for each lead-based paint inspection conducted
by the Borough. Said fee shall be dedicated to meeting the costs of
implementing and enforcing this subsection and the required contribution
to the New Jersey Lead Hazard Control Assistance Fund [N.J.S.A. 52:27D-437.16(h)]
and shall not be used for any other purpose.
(b)
Administrative fee. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead-paint inspection services by the Department of Community Affairs to satisfy the requirements of § 232-14A(1) in which case a $50 administrative fee shall be paid. Said fee shall be dedicated to the costs of monitoring compliance with this subsection.
