[HISTORY: Adopted by the Township Committee
of the Township of Rochelle Park 9-17-2003 by Ord. No. 894-03.
Amendments noted where applicable.]
[Added 8-20-2014 by Ord. No. 1074-14[1]]
A certain document, three copies of which are on file in the office the Township Clerk of the Township of Rochelle Park, being marked and designated as the "International Property Maintenance Code, 2012 edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Rochelle Park in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards 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 buildings 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 office of the Township Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions insertions, deletions and changes, if any, prescribed in § 150-2 of this chapter.
[1]
Editor's Note: This ordinance also repealed former § 150-1,
Adoption of standards.
[Added 8-20-2014 by Ord. No. 1074-14[1]]
A.
The following
sections are hereby revised:
(1)
Section 101.1: The Township of Rochelle Park.
(2)
Section 103.5: See fee schedule attached.
(3)
Section 112.4: A fine of not less than $250 or more than $1,200.
(4)
Section 302.4: Eight inches.
(5)
Section 304.14: March 1 to October 1.
(6)
Section 602.3: October 15 to April 15.
(7)
Section 602.4: November 1 to April 1.
B.
The following sections are hereby added:
[Added 9-27-2017 by Ord.
No. 1115-17]
(1)
Dead or diseased trees or tree
limbs.
It shall be the duty and responsibility of all property owners
within the Township of Rochelle Park to remove any loose or overhanging
dead or diseased trees or tree limbs which could threaten the health
and safety of persons or property by reason of their location above
ground level and which constitute an actual hazard to persons, property
or vehicles in the vicinity thereof. In order to facilitate the enforcement
of this provision, the Health Department or Property Maintenance Officer
shall:
1.
Investigate the potential hazard and, if necessary, request access
to the property to complete the investigation. If access to the property
is denied, a determination may be made with evidence available or
from other sources.
2.
Make a determination as to whether circumstances exist to identify
the condition as hazardous and also determine if the hazardous condition
poses a risk to other properties in the vicinity or contiguous to
the subject property;
3.
Advise the property owner, in writing, of the hazardous condition
and provide a period of not less than 10 days for the correction or
abatement of the same; and
4.
In the event that the condition is not so abated or corrected, enforcement
proceedings may be commenced, including, without being limited to,
imposition of a fine and other costs or penalties as set forth in
the Code of the Township of Rochelle Park.
5.
In the event that the property owner disputes the conclusion of the
municipal official that a dangerous condition exists, the Township
shall retain a qualified tree care expert or arborist in order to
evaluate the condition and render an opinion as to the same. The opinion
of the tree care expert or arborist shall be conclusive and final.
The property owner shall have a period of 10 days from service of
the final determination of the municipality's expert in order
to abate or correct the condition.
6.
If the property owner wishes to address the condition by attempting
to revive/rehabilitate the tree, they may do so under the guidance
of a tree care expert. A written plan of treatment and a timeframe
to complete the treatment must be submitted to the Township Arborist
for review. Active treatment of the hazardous tree is subject to review
every three months until the tree is deemed healthy or the tree is
removed.
7.
In the event that the property owner fails to address the hazard
and the services of an arborist or tree care expert are required to
remove the hazard, all costs incurred by the municipality for such
expert shall be the responsibility of the property owner deemed responsible
for the condition.
The property owner in receipt of a notice from the municipality
of a potentially dangerous condition shall immediately provide written
notice of receipt of same to his or her homeowners' insurance
company.
[Added 8-20-2014 by Ord. No. 1074-14[1]]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency only.
Nothing in this chapter or in the Property Maintenance Code hereto adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 150-2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Added 6-16-2004 by Ord. No. 908-04]
A.
Completion of construction. All construction for which
a permit has been issued pursuant to the provisions of the Uniform
Construction Code must be completed within the time period set forth
in the Uniform Construction Code. Construction permits, once issued,
shall be permitted to remain open for the period set forth in the
Code.
B.
Notice to property owner of permits open for more
than one year. The Construction Official of the Township of Rochelle
Park shall provide written notice of the requirements of the within
ordinance to all owners of property for which construction permits
have been open for a period of one year or more. The notice shall
be forwarded to the property address and owner as the same appears
on the records of the Tax Assessor of the Township of Rochelle Park
and a copy of same shall be provided to the owner, agent or contractor
which secured construction permits.
C.
Substantial completion. Notwithstanding the provisions
of the Uniform Construction Code, exterior construction must be substantially
complete within one year of the issuance of construction permits.
"Substantial completion" shall be deemed to provide for the completion
of major elements of the exterior of the structure, modification,
addition or improvement, including roofing, siding, masonry, windows
and doors.
D.
Property maintenance during construction. All construction
projects that provide for construction which extends for more than
one year beyond the date of issuance of the initial construction permit
shall comply with the following:
(1)
All property maintenance requirements of the 2003
BOCA National Property Maintenance Code shall apply notwithstanding
the ongoing nature of the construction.
(2)
No construction materials may be stored outside. All
construction materials must be stored inside or stored in the rear
yard, covered at all times, and shall not be visible from the street.
(3)
Construction debris must be stored in a manner which
shall not be visible from the street or from adjacent properties.
All construction debris must be placed in dumpsters or containers
which must be removed within 24 hours of placement.
(4)
Pest control and extermination services must he provided
at all times. A service agreement with a licensed pest control company
shall be required and proof of same must be supplied to the Construction
Official as a further condition of all outstanding permits.
(5)
All construction equipment and vehicles must be removed
from the property when not in use. No construction equipment or vehicles
may remain on site on Sundays or overnight.
E.
Storage of materials/equipment. Notwithstanding the provisions of Subsection D above, and commencing six months after issuance of the first construction permit, no construction equipment, vehicles, materials, tools or machinery may be stored or maintained, while not in use, in the front yard of any property which is the subject of construction. "Front yard" shall be defined in accordance with the Township of Rochelle Park Zoning Code.[1]
F.
Continuation of construction. It shall be the duty
and responsibility of the property owner and contractor to commence
construction within a reasonable period of time after issuance of
permits and proceed as expeditiously as possible to completion of
construction. Construction may not be suspended for a period of more
than 30 days throughout construction, including during the first year
of construction. The exterior of the premises shall be kept free of
the following matter, materials or conditions:
(1)
Except in connection with the municipal collection
of same, garbage and all abandoned, discarded, useless for its intended
purposes, and unused solid waste matter or materials, including, by
way of example and not limitations, appliances, bedding, hot water
heaters, construction materials, furniture, machinery and metal scrap;
(2)
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotted or unsafe exterior portions of buildings or
structures, including but not limited to porches, landings, balconies,
stairways, handrails, steps, walls, overhangs, roofs, fences, supporting
members, timber abutments, fire escapes, signs, loose or crumbling
bricks, stones, mortar or plaster;
(3)
Abandoned, uncovered or structurally unsound shafts,
towers, television antennas, satellite dish antennas, exterior cellar
openings, basement hatchways, foundations or excavations (as determined
by the enforcement officers hereinafter set forth);
(4)
Structurally unsafe or unsound fences;
(5)
Hidden or uncovered ground or surface hazards such
as holes, depressions, tree roots, sharp or jagged projections or
obstructions in areas accessible to the general public;
(6)
Loose and overhanging objects, including but not limited
to dead trees or tree limbs, accumulations of ice or any object, natural
or man-made, which could threaten the health and safety of persons
or other similarly overhanging objects which by reason of their location
above ground level, constitute an actual hazard to persons or vehicles
in the vicinity thereof;
(7)
Exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which may
cause a safety hazard to persons coming in contact therewith in areas
accessible to the general public;
(8)
Broken glass or windows; rotted or missing or substantially
destroyed window frames, exterior doors or other major exterior components
of buildings or structures;
(9)
Automotive parts and lubricating oils;
(10)
Substantial peeling or flaking paint on two or more
sides of a structure or building, loose siding or insulation, shingles,
shutters and awnings; and
(11)
Exposed exterior surfaces remaining in a state of
disrepair for a period of more than 30 days, or incomplete exterior
construction which has been suspended for a period of more than 30
days.
G.
Exemptions.
(1)
State, county and local construction projects.
(2)
Work being done by a not-for-profit organization with
work being done by volunteers or using donated material.
(3)
Construction being undertaken under the control of
a Planning or Zoning Board resolution, which specifically indicates
time limits different from those contained within the Code.
(4)
Construction done under multiple permits with different
start dates.
H.
Violations. Any person, persons or entity who shall
violate any of the provisions of this section or any other promulgated
hereunder shall, after a summons is issued under the terms hereof,
upon conviction, be punished as follows:
(1)
For a first offense, by a fine not to exceed $500;
(2)
For a second offense, by a fine not to exceed $ 1,000;
(3)
For a third offense, or any subsequent offenses, by
a fine not to exceed $1,250 or by imprisonment in the county jail
for a period not to exceed 30 days, or by both such fine and imprisonment;
(4)
In addition to the monetary penalties set forth above,
upon conviction, the Court shall order that the violation be corrected
within a reasonable time as determined under the circumstances by
the Court. If the order is not complied with, the Township may without
further notice correct the violation at the expense of the violator.
If the violator does not reimburse the Township for the expense of
correcting the violation, such amount shall be certified to the Township
Tax Collector and shall constitute a lien upon the subject premises.
(5)
In addition, the Construction Official may, in his
discretion, revoke any open permits for failure to comply with the
requirements of this section.
(6)
Each violation of any of the provisions of this section
and each day that a summons is issued shall be deemed to be a separate
and distinct offense, which may be merged into one offense in the
discretion of the Court.
[Added 8-17-2016 by Ord.
No. 1103-16]
In addition to the enforcing agencies set forth in the international
property maintenance code and other ordinance of the Township, the
provisions of this ordinance may also be enforced by the Bureau of
Fire Code Enforcement and all inspectors appointed within that department.
