[HISTORY: Adopted by the Mayor and Council of the Borough of East
Rutherford 10-17-1983 by Ord. No. 83-9. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code of the
Borough of East Rutherford" and may be referred to in this chapter in the
short form as "this code."
It is hereby found and declared that there exists in the borough buildings
and premises used for residential and nonresidential purposes which are or
may become substandard with respect to structural integrity, equipment or
maintenance, and further that such conditions, including but not limited to
structural deterioration, lack of exterior maintenance, infestation, lack
of minimal essential heating, plumbing, storage of refrigeration equipment,
lack of maintenance or upkeep of essential utilities and facilities, existence
of fire hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Borough of East Rutherford.
It is further found and declared that there are certain problems endemic to
multiple dwellings and certain greater protections are necessary.
The purpose of this code is to protect the public health, safety and
welfare by establishing standards governing the maintenance condition and
occupancy of premises situated in the borough, used or intended to be used
or designed to be used in whole or in part for residential and nonresidential
purposes; to establish standards governing utilities, facilities and other
physical components and conditions essential to make such premises fit for
human habitation, occupancy and use; to fix certain responsibilities and duties
upon owners and operators and distinct and separate responsibilities upon
occupants; to prevent blighting conditions; to authorize and establish procedures
for the inspection of such premises; to correct violations or to fix penalties
for the violations of this code; to provide for the right of access across
adjoining premises to permit repairs. This code is hereby declared to be remedial
and essential for the public interest and it is intended that this code shall
be liberally construed to effectuate the purposes as stated herein.
A.
Buildings affected by this code. Every building and the premises on which it is situated in the borough used or intended to be used or designed to be used in whole or in part for residential and nonresidential purposes as limited herein, including two-family non-owner-occupied houses and any other building housing three or more dwelling units, shall comply with the provisions of this code, whether or not any such building 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 such building or premises for the construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this code. This code establishes standards for the maintenance of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided in § 340-4B hereof. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provisions of both this code and the building, zoning and other applicable ordinances of the borough.[1]
B.
Higher standards to prevail in case of conflict with
other ordinances or laws. In any case where the provisions of this code impose
a higher standard than that set forth in any other ordinance of the borough
or law of the State of New Jersey applicable thereto, then the standards as
set forth herein shall prevail, but if the provisions of this code impose
a lesser standard than such other ordinances of the borough or law of the
State of New Jersey, then the higher standard contained in such other ordinance
or law shall prevail.
C.
Issuance and renewal of other permits and licenses. After
the date of enactment hereof, all licenses, permits and certificates of occupancy
relating to such buildings and premises which may be issued or renewed pursuant
to any other ordinance of the borough may be issued or renewed only upon compliance
with this code as well as compliance with the ordinance under which such licenses
and permits may be granted or renewed.[2]
D.
Enforcement and compliance with other ordinances. Compliance
with this code shall not constitute a defense against the violation of any
provision of any other ordinance of the borough or law of New Jersey applicable
to any building or premises.
A.
Owner and operator. Owners and operators shall have all
the duties and responsibilities as prescribed in this code and the regulations
promulgated pursuant thereto unless specifically set forth to the contrary,
and no owner or operator shall be relieved from any such duty and responsibility
nor be entitled to defend against any charge or violation thereof by reason
of the fact that the occupant is also responsible therefor and in violation
thereof.
B.
Occupant. Occupants shall have all the duties and responsibilities
as prescribed in this code and all the regulations promulgated in connection
therewith, and the occupant shall not be relieved from any such duty or responsibility
nor be entitled to defend against any charge or violation thereof by reason
of the fact that the owner or operator is also responsible therefor and in
violation thereof.
C.
Contract not to alter responsibilities. Unless expressly
provided to the contrary in this code, the respective obligations and responsibilities
of the owner and operator on 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 their parties.
A.
ABANDONED MOTOR VEHICLE
BATHROOM
BOARDINGHOUSE
BOROUGH
BUILDING
DETERIORATION
DWELLING UNIT
EXPOSED TO PUBLIC VIEW
EXTERIOR OF PREMISES
GARBAGE
HABITABLE ROOM
INFESTATION
MIXED OCCUPANCY
MULTIPLE-FAMILY DWELLING
NONRESIDENTIAL
NUISANCE
(1)
(2)
(3)
(4)
(5)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
RUBBISH
WEATHERING
As used in this chapter, the following terms shall have
the meanings indicated:
Motor vehicle exposed to public view which does not have a valid
registration and license plate and has no inspection sticker or an inspection
sticker which has elapsed for more than 30 days or has been inoperative for
more than 30 days because of the lack of essential components such as engine
parts or wheels.
[1]Any enclosed space which contains one or more of the following, i.e.,
bathtub, shower, water closet, lavatory, water closet compartment, washbowl,
sink or fixtures serving similar purposes.
Any building in which there are one or more independent rooms for
sleeping, whether furnished or unfurnished, available for occupancy by five
or more persons for compensation and where there are not individual eating
facilities. Such buildings shall be governed by the provisions applicable
to multiple-family dwellings.
The Borough of East Rutherford, County of Bergen, State of New Jersey.
A combination of materials intended to form a safe and stable structure,
used for multiple dwelling residential purposes and including any accessory
buildings and appurtenances belonging thereto or usually enjoyed therewith.
The condition of a building or part thereof characterized by holes,
breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical
decay, lacking structural maintenance, whether interior or exterior.
Any room or group of rooms forming a single habitable unit, which
includes or is intended to include living, sleeping, bathing, toilet and cooking
facilities.
Any building or premises or part thereof which may be lawfully viewed
by the public, or any member thereof, from a sidewalk, street, alleyway, parking
lot or from any adjoining or neighboring premises.
Those portions of a building which are exposed to public view or
the elements and the open space of any premises not occupied by any building.
Animal, vegetable and other organic waste resulting from handling,
preparing, cooking and consumption of food or other products. (See also "refuse"
and "rubbish.")
A room occupied by one or more persons for living, eating or sleeping,
but not including bathrooms, laundries, serving and storage pantries, corridors,
foyers, vestibules, cellars, boiler and utility rooms or spaces that are not
used frequently or for an extended period of time or areas that have less
than 50 square feet of floor area.
The presence of insects, rodents, vermin or other pests on or within
the premises.
Any building containing two or more dwelling units and also having
a portion thereof devoted to nonresidential uses. The applicable provisions
for residential and nonresidential buildings shall control.
A building designed for, arranged for or actually containing two
or more dwelling units for residential purposes. An owner-occupied two-family
house is not a multiple dwelling for the purpose of this chapter.
The use of this word refers only to the nondwelling use of a mixed-occupancy
building.
Any public nuisance known at common law or in law or equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the borough.
Physical conditions dangerous to human life or detrimental to health
of persons, including but not limited to any inadequately protected well,
shaft, basement, excavation, abandoned or improper storage of motor vehicle,
structurally unsound fence, wall or building, lumber, trash, debris or vegetation
such as poison ivy, poison oak, poison sumac or ragweed or other condition
which is or may be detrimental to the safety or health of persons as well
as anything which might constitute an attractive nuisance to children.
Inadequate or unsanitary sewerage or plumbing or heating facilities
in violation of this code.
Fire hazards, including conditions limiting or preventing access by
fire-fighting or other emergency vehicles and equipment.
Electrical hazards.
Any person or persons, including the owner, having actual possession
of and using a building or any part thereof.
Any person who has charge, care or control of a building or premises
or any part thereof, whether acting 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
unit as owner or agent of the owner or as executor, administrator 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, a sublessee
or assignee of all or any part of the building 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 such lessee.
A lot, plot or parcel of land and any buildings located thereon,
including but not limited to sidewalks, yards and parking areas.
All putrescible and nonputrescible solid wastes (except body wastes),
including but not limited to brush, weeds, broken glass, debris of any description,
garbage, rubbish, ashes, street clearings, dead animals, abandoned motor vehicles
and solid market and industrial wastes.
Combustible and noncombustible waste materials, excluding garbage
but including liquid commercial and industrial wastes.
The deterioration, decay or damage caused by exposure to the elements.
B.
Meaning of certain words. 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 to apply to several persons or parties as well as to one person and to
females as well as males and to bodies corporate 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.
Applicability. All of the provisions contained in this
section shall be applicable to both residential and nonresidential premises.
B.
Nuisances and hazards. The exterior of any premises shall
be kept free of refuse, nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises and free of unsanitary
conditions. It shall be the duty of the owner or operator to keep the premises
free of or remove, abate and correct the premises against such conditions,
which include but are not limited to the following:
(1)
Defective chimneys and flue and vent attachments thereto.
Chimneys and flue and vent attachments thereto, if used, shall be maintained
structurally sound, free from defects and so maintained as to capably perform
at all times the functions for which they were designed and constructed. Chimneys,
flues, gas vents and other draft-producing equipment shall provide sufficient
draft to develop the rated output of the connected equipment, shall be structurally
safe, durable, smoke-tight and capable of withstanding the temperature and
action of flue gases.
(2)
Unsafe exterior porches, landings, balconies, stairs
and fire escapes. In all buildings other than one-family dwellings, exterior
porches, landings, balconies, stairs and fire escapes shall be provided with
banisters or railings properly designed and kept structurally sound, in good
repair, well-painted or otherwise provided with a protective treatment to
prevent deterioration and free from defects.
(3)
Hazardous natural growth or growth creating an unsightly
appearance. Trees and limbs or other natural growth which constitutes a hazard
or may be dangerous to persons in the vicinity thereof.
(4)
Overhangings. Loose, overhanging and projection objects
which by reason of location above ground level constitute dangers to persons
in the vicinity thereof.
(5)
Dangerous unsanitary conditions. Holes, excavations,
breaks, projections, icy conditions, uncleared snow, obstructions and excretion
of pets or other animals on paths, sidewalks, walks, driveways, parking lots
and parking areas and other parts of the exterior of the premises which are
accessible to and used by persons having access to such premises.
(6)
Recurring accumulation of stormwater. Adequate runoff
drains shall be provided and maintained in accordance with applicable borough
ordinances to eliminate recurrent accumulations of stormwater.
(7)
Sources of infestation.
(8)
Defective walls. Foundation walls and retaining walls
shall be kept structurally sound, free from defects and damage and capable
of sustaining imposed loads safely.
(9)
Awnings and marquees. 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 be so maintained
as to not constitute a nuisance or a safety hazard. In the event that any
such awning or marquee is not properly maintained in accordance with the foregoing,
it shall, together with its supporting member, be removed forthwith. Where
such awning or marquee is exposed to public view, it shall be maintained in
good condition and shall not show evidence of excessive weathering, ripping,
tearing or other deterioration. Nothing herein shall be construed to authorize
any encroachment of an awning, marquee or its accompanying structural members
on streets, sidewalks or other parts of the public domain.
(10)
Sidewalks, driveways, etc. All sidewalks, driveways,
walkways and entrance stairways shall be maintained in a safe condition such
as will not constitute a hazard to persons using the premises.
(11)
Waterways and 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 free of obstructions which would
impede the natural flow of water.
C.
Repair and maintenance. The exterior of every building
or accessory building (including fences) shall be maintained in good repair.
They shall be maintained free of conditions reflective of extensive deterioration
and subnormal maintenance characterized by such conditions as numerous broken
panes of glass, openings unprotected by doors or windows, loose or missing
siding of roof coverings affecting 15% or more of the outside surface, numerous
instances of rotting wood or crumbling stones or bricks, defective or inoperable
leaders or gutters which permit water damage to the property, to the end that
the property itself may be preserved, safety and fire hazards eliminated and
the general welfare of the neighborhood protected.
D.
Removal of refuse. If the owner or operator of any lands
or buildings in the borough shall fail or neglect to remove refuse within
10 days after notice to remove the same, in the manner and within the time
provided, the Code Enforcer may, in addition to such other remedies provided
herein, cause the same to be removed by the borough. In such cases the Code
Enforcer shall certify the cost thereof to the Mayor and Council, which shall
examine said certificate, and if found correct and reasonable, shall by resolution
approve the cost as shown thereon to be charged against said lands. The amount
so charged shall become a lien upon such lands and shall be added to and become
and form part of the taxes next to be assessed and levied upon such lands,
the same to bear interest at the same rate as taxes and shall be collected
and enforced in the same manner as are taxes.
A.
There is hereby incorporated by reference the provisions
of Title 5, Chapter 10, Subchapter 19 of the New Jersey Administrative Code
which sets forth the standards for maintenance for the safety, health and
welfare of occupants of multiple dwellings. Nothing herein shall modify said
provisions in the event that said provisions provide stricter standards.
B.
Where more than one building on adjoining premises or
premises in near proximity to each other are in common ownership or under
common management or maintenance supervision, the requirements contained herein
shall apply separately to each building unless the owner or manager thereof
can demonstrate to the satisfaction of the Code Enforcer that proper operation
of the premises is provided or all essential services and facilities as required
by the borough can be provided by a resident superintendent, janitor, caretaker
or housekeeper of one building who shall assume responsibility for the other
building or buildings adjoining or in near proximity to his place of residence.
The governing body of the Borough of East Rutherford shall have the authority
to suspend the enforcement of this section for a period not exceeding one
year from the effective date of this chapter upon written application from
the owner or operator of an existing building for good cause shown.
C.
The failure of any superintendent, janitor, caretaker
or housekeeper to comply with the provisions of this chapter, even in the
disobedience of instructions, shall not relieve the owner or operator from
the duties and responsibilities imposed by this chapter.
D.
All residential and nonresidential buildings and premises.
All parts of all premises shall be kept free of nuisances or other conditions
which may constitute health, safety or fire hazards. The owner, operator or
occupant of every building and its premises shall, along with other responsibilities
necessary to attain these objectives:
(1)
Maintain all parts of premises to prevent infestation.
(2)
Not store on the premises flammable, combustible or explosive
materials unless they are of a type approved for storage by municipal regulations
and then only in such quantities and in such fireproof storage containers
as may be prescribed by the Fire Prevention Bureau.[2]
(3)
Unless otherwise provided by law, provide at least one
twenty-gallon watertight receptacle with a tight-fitting cover or equivalent
in total gallonage for each dwelling unit for the temporary storage of garbage.
These containers shall be placed or kept on the property not nearer to the
street than the building line, accessible for private or municipal collection.
Privately collected garbage shall be collected at least twice a week.
(4)
Place rubbish and receptacles containing the same in
areas designated by the Code Enforcer of Department of Public Works for collections.
Rubbish shall not be placed in such designated areas earlier than 5:00 p.m.
of the day prior to scheduled collections, and the empty receptacles shall
be removed to areas not exposed to public view within 12 hours after the collection.
Under unusual circumstances, such as the need to move heavy items when the
required personnel are available, certain items may be placed in the designated
area earlier than the time prescribed above. The frequency and duration of
such exceptions shall be kept to a minimum, and repeated abuse of this exception
will be considered a violation.
In addition to the standards and regulations set forth in this chapter,
which standards and regulations are incorporated by reference in this section
as if set forth at length herein, the following additional standards and regulations
shall apply to mixed-occupancy buildings and premises:
A.
Storage of commercial and industrial material. There
shall not be stored or used at a location exposed to public view equipment
and materials relating to commercial or business uses.
B.
Standards of maintenance. The exterior of mixed-occupancy
buildings and premises shall be maintained so that the appearance thereof
shall not constitute a blighting effect upon neighboring properties nor an
element leading to a progressive deterioration and downgrading of neighboring
properties.
C.
Signs and billboards. All permanent signs and billboards
exposed to public view permitted by borough ordinance and regulated by the
Sign Ordinance[1] or other regulations shall be maintained in good repair. Any sign
or billboard which has weathered excessively or faded or the paint on which
has excessively peeled or cracked shall, with its supporting members, be removed
forthwith or put into a state of good repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be removed
forthwith.
D.
Repair and painting of exteriors of building. All storefronts
and the exteriors of all mixed-occupancy buildings shall be kept in good repair,
painted where required or otherwise provided with protective treatment sufficient
to prevent deterioration and shall not constitute a safety hazard or nuisance.
A.
Every dwelling unit having its own cooking facilities
shall contain a minimum floor area of 250 square feet for the initial occupant
and 75 square feet for each additional occupant. Except for the purpose of
this section, children under one year of age shall not be counted as occupants.
B.
Occupancy limits; penalties.
[Amended 10-19-1993 by Ord.
No. 93-28]
(1)
Occupancy of dwelling units having only one habitable
room and shall be limited to two persons. Children under one year of age shall
not be counted as occupants.
(2)
Every room occupied or utilized for sleeping purposes
shall be deemed to be a bedroom for the purposes of this chapter, regardless
of the fact that said room may be utilized for other purposes as well as used
for sleeping purposes. No bedroom shall be utilized for sleeping purposes
by more than two adult occupants.
(3)
Every room occupied for sleeping purposes by one occupant
shall be at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least 50 square
feet of floor space for each occupant thereof. If a room does not include
the floor space as described herein, said room shall not be utilized for sleeping
purposes.
(4)
The provisions of this section shall be locally enforced
by the Ordinance Enforcers and the Bureau of Fire Prevention which has been
created in the Borough of East Rutherford Fire Department.
C.
Occupants shall not, after notice as required hereunder,
occupy or continue to occupy premises which are substandard by reason of the
failure of the dwelling unit occupied by them or of the building or premises
to conform to and comply with the requirements hereunder.
D.
The operator shall prior to leasing any dwelling unit ascertain the number of persons that shall occupy each dwelling unit. If the number of persons exceeds the requirements of this code, the owner or operator shall not allow such persons to occupy the dwelling unit. The owner or operator shall prior to leasing any dwelling unit obtain a certificate of occupancy for said dwelling unit from the office of the Building Department for each new tenant to whom the owner or operator intends to lease the dwelling unit. Application for said certificate of occupancy shall be made in accordance with § 389-48 of Chapter 389, Zoning.
[Amended 10-19-1993 by Ord.
No. 93-28]
E.
If at any time it is ascertained that the number of occupants
in a dwelling unit exceeds the requirements of this code causing a violation
thereof, the owner or operator shall, upon receipt of a notice of violation,
take all steps necessary to eliminate said violation. If the owner or operator
is unable to eliminate the violation by peaceable means within the period
of time specified in said notice, he shall commence within such period legal
action to dispossess, evict or eject the occupants who cause the violation.
No further action hereunder shall then be taken against the owner or operator
so long as such legal action is pending in court and is prosecuted expeditiously
and in good faith.
A.
When required and not required.
(1)
When required. No owner or operator of a multiple-family
dwelling shall permit the occupancy of a dwelling unit by a tenant not previously
occupying said dwelling unit without first obtaining an inspection certificate
from the Code Enforcer. All inspections required hereunder shall be made within
five days after receipt of a written request from the owner or operator.
B.
Issuance of certificates. An inspection certificate shall
be issued by the Code Enforcer only after examination of the dwelling unit
and favorable findings as to matters which are embraced in this code and other
applicable laws of the borough and State of New Jersey.
C.
Application; fees. Application for an inspection certificate
shall be submitted in writing by the owner to the Code Enforcer accompanied
by a fee of $10. In the event that reinspection is required by reason of a
failure to comply with the terms of this Code or any other law, the applicant
shall submit an additional fee of $10 prior to each subsequent inspection.
This cost shall not be passed on to the prospective tenant.
D.
Occupancy pending repairs.
(1)
If, in the opinion of the Code Enforcer, only minor violations
are found to exist after inspection, a new occupant may be permitted to conditionally
occupy the dwelling unit. Where a dwelling unit is occupied prior to the issuance
of an inspection certificate, the owner or operator shall make all required
repairs within 15 days after certified mailing or delivery of written notification
from the Code Enforcer. Such occupancy, however, shall at all times be subject
to the issuance of an inspection certificate. Where occupancy has been permitted
under this provision, the owner or operator shall obtain a signed statement
from the occupant acknowledging that such occupancy is subject to an inspection
certificate and granting permission to the Code Enforcer to enter into the
premises at a later date for the purpose of reinspection.
(2)
"Minor violations" shall be construed to mean violations
not exceeding a total cost of $200 in repairs and which do not present an
immediate danger to the health, safety or welfare of the occupant.
E.
Identification and conduct of inspectors. The Code Enforcer
or his agent acting as an inspector shall be supplied with official identification
and shall exhibit such identification when entering any dwelling unit, building
or part thereof, subject to this code. Such persons making inspections shall
conduct themselves as to avoid intentional embarrassment or inconvenience
to the occupant. The purpose of the visit shall be explained to the occupant.
A.
Code Enforcer. The Borough Council shall designate the
Code Enforcer to exercise the powers prescribed by this code and by the laws
of the State of New Jersey. The Code Enforcer may designate such other public
officials or employees of the borough who have such background and training
necessary to perform such of his functions and powers under this code as he
deems necessary for its enforcement.
B.
Inspections. All nonresidential and public areas of multiple-family
dwellings and premises within the borough covered by this code shall be subject
to inspection from time to time by the Code Enforcer to determine the condition
thereof in order that he may perform his duty of safeguarding the health and
safety of the persons occupying the same and of the general public. For the
purpose of making such inspections, the Code Enforcer is hereby authorized
to enter, with the express consent of the occupant, examine and survey at
all reasonable times all such premises; provided, however, that such entries
are made in such manner as to cause the least possible inconvenience to the
persons in possession.
C.
Search warrant. If the Code Enforcer is denied the right
of inspection, he may upon affidavit establishing good cause apply to the
Municipal Court or such other court of competent jurisdiction for a search
warrant to permit entry into the premises in question.
D.
Notice and hearing where violation discovered.
(1)
Where a violation of this code is found to exist or upon
petition of at least five borough residents and investigation by the Code
Enforcer, a written notice from the Code Enforcer shall be served on the person
or persons responsible for the correction thereof.
(2)
The notice shall specify the violation or violations
committed, what must be done to correct or abate the same, a reasonable period
of time not to exceed 30 days to make such corrections, the right of the person
served to request a hearing, and that the notice shall become an order of
the Code Enforcer 10 days after service, unless a hearing is requested pursuant
to this section. The thirty-day time limit set forth herein shall not be effective
where specific time limits are set forth in other sections of this code.
(3)
Notice may be served personally on an owner, operator or occupant or agent for the owner or operator as set forth in § 340-5 of this code. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place upon the premises where the owner or lessor has failed to register pursuant to § 340-5. Where the notice is directed to an occupant, service may also be made by posting the same on the door or entrance to the area he occupies.
(4)
Ten days from the date of service of a notice, the notice
shall constitute a final order, unless any person affected by the notice requests
a hearing thereon and served a written request within the ten-day period in
person or by mail on the Code Enforcer. Such request for a hearing shall set
forth briefly the grounds or reasons on which the request for a hearing is
based and the factual matters contained in the notice of violation which are
to be disputed at the hearing. The Code Enforcer, upon receipt of the request,
shall within 30 days therefrom and upon five days' notice to the party aggrieved
set the matter down for hearing.
(5)
Hearing Board.
(a)
At any hearing required hereunder, a Hearing Board shall
conduct and decide issues presented to it. Said Hearing Board shall consist
of the following members, of which three members shall constitute a quorum:
(b)
The Hearing Board shall be vested with all the powers
provided by law to compel the attendance of witnesses and parties in interest
by issuance and service of subpoena, to require by subpoena the production
of books, records or other documents at any such hearing which may be pertinent
to matters to be determined by it and to enforce any such subpoena or secure
any other for enforcement of any such subpoena as provided by law. A determination
shall be made within 10 days from the completion of the hearing. The Hearing
Board shall issue an order, either incorporating the determinations and directions
contained in the notice, modifying the same or withdrawing the notice.
(6)
The Code Enforcer or the Hearing Board, where necessary,
may extend the time for correction or abatement of the violations for an additional
period of time not to exceed 30 days, except where major capital improvements
or renovations are involved, in which instance the time for completion may
be extended for a period not to exceed 90 days beyond the expiration date
of the original notice.
(7)
Where the violations or conditions existing on the premises
are of such a nature as to constitute an immediate threat to life and limb
unless abated without delay, the Code Enforcer may either abate the violation
or condition immediately or order the owner, operator or occupant to abate
the violation or condition within a period of time not to exceed three days,
and upon failure to do so, the Code Enforcer shall abate the condition immediately
thereafter.
(8)
Where abatement of any nuisance, as nuisance is defined
herein, correction of a defect in the premises or the maintenance of the premises
in a proper condition so as to comply with the requirements of any municipal
ordinances or state law applicable thereto requires expending borough moneys
therefor, the Code Enforcer shall present a report of the work proposed to
be done to accomplish the foregoing to the Mayor and Council with an estimate
of the cost thereof along with a summary of the proceedings undertaken by
the Code Enforcer to secure compliance, including notices served upon the
owners, operators, lessors or agents, as the case may be, hearings and orders
of the Hearing Board with reference thereto. The Mayor and Council may thereupon
by resolution authorize the abatement of the nuisance, correction of the defect
or work necessary to place the premises in proper condition and in compliance
with ordinances of the borough and laws of the state. The Code Enforcer may
thereafter proceed to have the work performed in accordance with said resolution
at borough expense, not to exceed the amount specified in the resolution,
and shall upon completion thereof submit a report of the moneys expended and
costs to the Mayor and Council. After review of the same, the Mayor and Council
may approve said expenses and costs, and they shall become a lien against
said premises and shall be added to and become and form a part of the taxes
next to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes and shall be collected and enforced in the same
manner as are taxes. A copy of the resolution approving said expenses and
costs shall be certified by the Mayor and Council and filed with the Tax Collector,
and a copy of this report and resolution shall be sent by certified mail to
the owner.
A.
Code Enforcer may act as custodian. In addition to other remedies provided herein where the Code Enforcer has issued an order requiring the abatement of the nuisance, correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to the ordinances of the borough and laws of the state applicable thereto, and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the Code Enforcer may, for the purposes of correcting any of the foregoing conditions, act as custodian of any building or structure and may, as custodian, enter into and take care of the premises and supervise the abatement of any nuisance, correction or defect or placing of the premises in compliance with municipal ordinances and state laws. For the performance of the duties of custodian, the borough shall receive for the services from the owner, operator and lessor of the premises, compensation approved by the Mayor and Council not exceeding $5 a day per dwelling unit or $30 a week per dwelling unit in the premises, whichever is less, as costs and expense, the same to be certified and collected as provided in § 340-12D(8).
B.
Appointment of receiver. Where the owner, operator or
lessor of the building who is required to register hereunder violates this
code or any other municipal ordinance pertaining to said structure or fails
to abate any violation of this code, or violates an order of the Code Enforcer
with respect thereto, the Borough Attorney, upon resolution duly approved
by the Mayor and Council, shall commence an action in the Superior Court seeking
appointment of the Code Enforcer as receiver ex officio of the rents and income
from said property. Said rents and income shall be collected by said receiver
and shall be expended and allocated to:
(1)
Secure compliance with the ordinances of the borough
and laws of the state as set forth in the order of the Code Enforcer.
(2)
Be utilized to defray such costs and expenses of the
receivership as may be adjudged by the Superior Court.
(3)
Be applied towards payment to the borough of any fines
or penalties with costs which may have been imposed on the owner, operator
or lessor for violation of the ordinances of the borough and which have remained
unpaid.
A.
Who may apply. Where any owner, operator or occupant
is required to make repairs or otherwise improve his property and is unable
to comply with this code without having right of access to the building or
premises through or across adjoining premises not owned by him or under control,
and where right of access has been refused the owner, operator or occupant,
or where the owner or person responsible for granting permission cannot be
found or located, then upon filing an affidavit setting forth the facts with
the Code Enforcer, the Code Enforcer shall serve a five-day written notice
of hearing in accordance with the provisions for service contained in this
code upon the owner, operator or occupant of any adjoining premises affected
by the application.
B.
Hearing. On the day fixed for hearing, the Code Enforcer
shall provide opportunity for the owner, operator or occupant of the adjoining
property or properties to state why access shall not be granted across such
adjoining properties.
C.
Issuance; conditions. If the Code Enforcer determines
that access is necessary to accomplish or complete repairs or improvements
necessary for compliance with this Code, then the Code Enforcer shall issue
a certificate of necessity setting forth therein the person or persons to
whom the certificate shall apply, such conditions as shall be necessary to
protect the adjoining property, reasonable time limits during which such certificate
shall operate, precautions to be taken to avoid damage and, where the Code
Enforcer deems proper, that a bond be produced at the expense, if any, of
the person seeking access to secure an adjoining property against damage to
persons or property arising out of such rights of access. The bond shall not
exceed in amount $10,000 and the amount set shall take into consideration
the extent, nature and duration of the repairs, the proximity of the improvement
on the premises affected and the potential risk of damage thereto. The bond
shall be filed with the Code Enforcer.
D.
Procedure where access refused. Any refusal to comply
with this chapter or any interference with the access to premises pursuant
to a certificate issued hereunder shall be a violation of this code, and in
addition to the penalties provided hereunder, the Code Enforcer may upon affidavit
apply to the Municipal Court Judge for a warrant under the procedure set forth
in the application section of this code authorizing access to the premises
under appropriate conditions and circumstances as provided above.
Any person who shall violate any of the provisions of this code shall,
upon conviction, be punished by a fine not to exceed $500, plus any costs
to the borough for enforcement of this chapter, or by imprisonment in the
county jail for a period not to exceed 90 days, or by both such fine and imprisonment;
and each violation of any of the provisions of this code and each day the
same is violated shall be deemed and taken to be a separate and distinct offense.
