This article shall be known as the "Property
Maintenance Code of the Borough of Kinnelon."
It is hereby found and determined that there
exist in the Borough of Kinnelon structures used for residential and
nonresidential use which are or may become in the future substandard
with respect to structure, equipment or maintenance. It is further
found that conditions of the above-described property, including but
not limited to structural deterioration, lack of maintenance and appearance
of the exterior of premises, infestation, lack of essential heating,
plumbing, storage or 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 health, safety, welfare and
reasonable comfort of the citizens and inhabitants of the Borough
of Kinnelon. The Borough Council of the Borough of Kinnelon further
finds and declares that, by reason of lack of maintenance and the
existence of progressive deterioration, certain properties have the
further effect and/or the further potential effect of creating blighted
conditions that, if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate, in time, the
expenditure of public funds to correct and eliminate the same and
that, by reason of timely regulation and restrictions as herein contained,
the growth of depressed areas, slums and blight may be prevented.
It is further found that such prevention will maintain neighborhood
and property values, as well as the desirability and amenities of
residential and nonresidential uses; and it is further found that
such prevention will protect and foster the public health, safety
and welfare.
The purposes of this Property Maintenance Code
are as follows:
A. To protect the public health, safety and welfare of
the citizens of Kinnelon by establishing minimum standards governing
the maintenance, appearance, conditions and occupancy of property.
B. To authorize and establish procedures for the enforcement
of this code.
C. To fix certain responsibilities and duties upon owners
and operators and establish distinct and separate responsibilities
and duties upon occupants; to authorize and establish procedures for
the inspection of residential and nonresidential premises.
D. To fix penalties for the violations of this code.
Nothing in this article shall be construed to
abrogate or impair the powers of the Borough of Kinnelon to enforce
any provisions of its ordinances or regulations or prevent or punish
violations thereof, and the power conferred by this article shall
be in addition to and supplemental to the powers conferred by any
other law or ordinance.
[Amended 2-16-2006 by Ord. No. 8-06]
A. Where a violation of this article or the regulations
hereunder is found to exist, a written notice from the Code Enforcement
Officer shall be served upon the owner responsible for correcting
such condition. The notice shall contain the following:
(1) A description of the property sufficient for identification;
(2) An identification of the conditions constituting the
violation;
(3) The necessary corrective action;
(4) A time period not to exceed 10 days after service
of the notice upon the owner to correct or abate the violation;
(5) A statement that the notice shall become an order
of the Code Enforcement Officer in 10 days after service; and
(6) A statement of the penalty for violation of the notice.
B. The notice may be served personally or by certified
mail at the last known address of the owner alleged to be in violation.
Where it is ascertained that the owner does not reside on the premises
and the last known address cannot be ascertained, the notice may be
posted on the outside front entrance of the affected building. Service
upon any owner may also be achieved by service of any notice upon
a member of the family of the owner, provided that such family member
is 16 years of age or older and resides with such owner.
C. After 10 days from the date of service of the notice,
the notice shall constitute a final order. If the violation is not
corrected or abated at the time the notice constitutes a final order,
the Code Enforcement Officer shall issue a summons to the owner to
appear in municipal court for violation of the final order, pursuant
to N.J.S.A. 2B:12-17a.
D. The Code Enforcement Officer may extend the time for
correction and abatement of any violation of this article for an additional
period of time not to exceed 30 days, except where major capital improvements
or renovations are involved, in which case, the time for completion
may be extended for such period of time as the Code Enforcement Officer
may deem reasonably adequate.
A violation of this article by failure to comply
with an order entered by the Code Enforcement Officer pursuant to
the Property Maintenance Ordinance shall be punishable by a fine not
to exceed $250 for the initial violation, not to exceed $500 for the
second violation and not to exceed $1,000 for the third violation
committed hereunder. Each violation of a different section of this
Code shall constitute a separate and distinct violation independent
of any other section. Each day of noncompliance with any provision
of this Code, and any subsequent violation, shall constitute a separate
violation and shall be subject to a summons without further notification.
An owner shall be considered "notified" of the violation for a period
of two years after the initial notification.