[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake 10-21-1985 by Ord. No. 85-11 (Ch.
186 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch.
110.
Building construction — See Ch.
114.
Numbering of buildings — See Ch.
120.
Outdoor burning — See Ch.
125.
Uniform construction codes — See Ch.
140.
Fire prevention — See Ch.
178.
Parking regulations — See Ch.
234.
Vehicles and traffic — See Ch.
250.
Solid waste — See Ch.
310.
Storm sewers — See Ch.
315.
Streets and sidewalks — See Ch.
326.
Housing standards — See Ch.
410.
Weed control — See Ch.
416.
This chapter shall be known as the "Property
Maintenance Code of the Borough of Woodcliff Lake" and may be referred
to in this chapter in the short form as the "Property Maintenance
Code."
It is hereby found and declared that there exist
in the Borough of Woodcliff Lake 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 light
and air and unsanitary conditions, constitute a menace to the health,
safety and welfare of the residents and inhabitants of the Borough
of Woodcliff Lake. 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 restored.
The purpose of this code is to protect the public
health, safety and welfare by establishing minimum standards governing
the maintenance, appearance, condition and occupancy of residential
and nonresidential premises; to establish minimum standards governing
facilities and other physical components and conditions essential
to make the aforesaid facilities fit for human habitation, occupancy
and use; to fix certain responsibilities and duties upon owners, operators
and occupants; and to fix penalties for the violation of this code.
This code is hereby declared to be remedial and essential for the
public interest, and it is intended that this code be liberally construed
to effectuate the purposes stated herein.
The following 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.
ACCESSORY STRUCTURE
A building or use that is on the same lot as and subordinate
to and under the same ownership or control as and used for the purpose
customarily incident to the use of the main building.
DETERIORATION
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
EXTERIOR OF THE PREMISES
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
GARBAGE
(See "refuse" and "rubbish.") Putrescible animal and vegetable
waste resulting from the handling, preparation, cooking and consumption
of food.
GRAFFITI
Any drawing, painting, or making of any mark or inscription
on public or private real or personal property without the prior written
permission of the owner of the property.
[Added 10-16-2006 by Ord. No. 06-12]
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitutes a health hazard.
NUISANCE
A.
Any public nuisances known at common law or
in equity jurisprudence or as provided by the statutes of the State
of New Jersey or the ordinances of the Borough of Woodcliff Lake.
B.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building or 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, motor vehicles, any structurally
unsound fences or structures, lumber, trash or debris.
C.
Physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
D.
Unsanitary conditions or conditions which render
air, food or drink detrimental to the health of human beings.
OCCUPANT
Any person living, sleeping or having actual possession of
a dwelling unit or rooming unit.
OPERATOR
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.
OWNER
Any person who, alone or jointly or severally with each other,
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 fiduciary, including but not limited to executor, executrix, administrator,
administratrix, trustee, receiver or guardian of the estate or as
a mortgagee in possession, regardless of how such possession was obtained.
Any person who is a lessee, sublessee or assignee of any lease or
sublease of any part or all of any dwelling or dwelling unit shall,
for purposes of this code, be deemed to be a co-owner of and shall
have joint responsibility with the owner respecting the part of the
premises covered by lease or sublease.
PREMISES
A lot, plot or parcel of land, including the buildings or
structure thereon.
REFUSE
(See also "garbage" and "rubbish.") 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.
RUBBISH
(See also "garbage" and "refuse.") Nonputrescible solid waste
consisting of both combustible and noncombustible wastes, such as
paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood,
glass, bedding, crockery and similar materials.
STRUCTURE
Anything that is built or constructed and permanently affixed
over or under the ground or upon another structure or building.
[Amended 12-19-2016 by Ord. No. 16-20]
Every residential and nonresidential building and the premises on which it is situated, in the Borough of Woodcliff Lake, previously or presently used for dwelling, commercial, business or industrial occupancy, shall comply with the provisions of this code as well as the provisions contained within the most recent edition of the International Property Maintenance Code, whether or not 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 the building or for the installation or repair of equipment or facilities prior to the effective date of this code. 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 herein, except as provided in §
265-6.
In any case where the provisions of this code
impose a higher standard than set forth in any other ordinance of
the Borough of Woodcliff Lake or under the laws of the State of New
Jersey, 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 of Woodcliff Lake or than the laws of the
State of New Jersey, 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 other ordinance of the Borough
of Woodcliff Lake applicable to any structure or premises.
Owners and operators shall have all the duties
and responsibilities prescribed in this code and shall not be relieved
therefrom, 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 prescribed in §§
265-11 through
265-17 of this code, and the occupant shall not be relieved from any such duties and responsibilities, nor be entitled to defend against any charge or violation thereof, by reason of the fact that the owner of operator is also responsible thereof 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.
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. 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:
A. Refuse, including, without limitation, junk, debris,
scrap lumber, scrap metal, inoperable machinery or parts and fragments
thereof, glass, stumps and trash.
B. 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.
C. Ground surface hazards, including, without limitation,
holes, excavations, breaks, projections and obstructions which constitute
a hazard to persons using the premises.
D. 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.
E. 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 shall
be provided with bannisters or railings properly designed and maintained.
F. Recurring accumulations of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate any recurrent
or excessive accumulation of stormwater.
G. Removal of snow and ice. Snow and ice shall be removed
from all sidewalks, driveways, walkways, parking areas and entrance
stairways within 24 hours after the same has stopped falling and so
as not to constitute a hazard to persons using the premises.
H. Sidewalks, driveways. Sidewalks, driveways, walkways
and exterior entrance stairways shall be maintained in a safe condition
such as will not constitute a hazard to persons using the premises
or the sidewalk area. All sidewalk areas shall be paved and kept in
good repair in accordance with the ordinances of the Borough of Woodcliff
Lake. Sidewalks shall be kept unencumbered, broom clean and free from
filth, slops and litter.
I. Grass/weeds.
All premises and exterior property shall be maintained free from weeds
or lawn growth in excess of 10 inches, except that this requirement
shall not apply to areas of natural growth that are not ordinarily
maintained, such as, without limitation, areas containing wetlands
or marshes, or densely wooded areas. All noxious weeds shall be prohibited.
[Added 9-21-2009 by Ord. No. 09-15]
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 so that the appearance of the premises
and structures shall not constitute a blighting factor depreciating
adjoining properties or an element leading to the progressive deterioration
and downgrading of the neighborhood with the accompanying diminution
of property values.
A. 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,
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 from constituting an unsightly
condition, nuisance or interference with the enjoyment and use of
adjoining public or private properties or the impairment of the residential
character of the neighborhood.
[Amended 8-7-2000 by Ord. No. 00-6]
B. Front yard parking. 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.
C. Sidewalks, driveways. The 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.
D. Waterways, brooks. 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.
The exterior of the premises 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 standards of the zoning district in
which the property is located and/or such that the appearance of the
premises and structure shall not constitute a blighting factor depreciating
adjoining properties nor an element leading to the progressive deterioration
and downgrading of the neighborhood and/or the zoning district in
which the property is located.
A. 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 purpose of preservation and appearance,
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 from constituting an unsightly
condition, nuisance, or interference with the enjoyment and use of
adjoining public or private properties or the impairment of the character
of the neighborhood.
[Amended 9-18-2000 by Ord. No. 00-8]
B. Conditions of approval. All conditions of approval
incorporated in resolutions or other acts of the Borough or any duly
constituted board or agency of the Borough shall be adhered to and
shall be construed to be continuing conditions of approval. Any 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 Woodcliff Lake Borough Council
or any duly constituted board or agency of the Borough, shall be maintained
in good and serviceable condition at all times.
C. 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 rendering of 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. Storefronts. All storefronts shall be maintained in
good repair and all surfaces therein 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. 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 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. Signs. All signs, including the structural and supporting
components thereof and all light stanchions and poles shall be maintained
in good repair.
G. 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 Woodcliff Lake Borough Council or any other duly constituted
board or agency of the Borough of Woodcliff Lake.
H. Waterways, brooks. 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.
Every dwelling and accessory structure and every
part thereof shall be kept structurally sound and in a state of good
repair to avoid safety or health hazards, including:
A. 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 efficient to prevent
deterioration.
B. Weather and watertightness. Every dwelling shall be
so maintained as to be weather and watertight.
C. Exterior walls, roofs. 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.
D. Lead-based
paint inspections.
[Added 10-17-2022 by Ord. No. 22-12]
(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 §
265-14D(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-437.1
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 chapter
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 §
265-14D(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.
The exterior of every structure or accessory
structure (including fences and store fronts) shall be maintained
in good repair, and all surfaces thereof shall be kept painted or
whitewashed where necessary for purposes of preservations and appearance.
All surfaces shall be maintained free of broken glass, loose brick,
excessive peeling paint or other conditions reflective of deterioration
or inadequate maintenance to the end that property itself may be preserved,
safety hazards eliminated and adjoining properties and the neighborhood
protected from blighting influences. All reconstruction of walls and
siding shall be of standard quality and appearance commensurate with
the character of the properties in the zoning district in which the
premises are located; such that the materials used will 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. All structures shall be provided with watertight receptacles
with tight-fitting covers sufficient in capacity to hold all refuse,
garbage and waste matter from said building or structure, which receptacles
shall not be located nor maintained in such manner as to provide the
creation of a nuisance or a health nuisance.
B. Residential use. All receptacles, containers or bags
to be collected from a residential use must be placed where they will
be readily accessible to the Sanitation Department.
Vacant buildings shall be locked, and all windows
and doors and other openings shall be kept adequately secured to exclude
trespassers.
The Property Maintenance Code Enforcement Officer
of the Borough of Woodcliff Lake is hereby designated as the officer
charged with the enforcement of this code, and is hereinafter referred
to as the "Enforcement Officer." In the event of a vacancy in the
office of Property Maintenance Code Enforcement Officer, or in his
absence, the Borough Council shall designate an acting Enforcement
Officer. All authorized inspectors of the Fire Department, Building
Department, Board of Health and Department of Public Works of the
Borough of Woodcliff Lake are hereby designated as assistant enforcement
officers for purposes of the enforcement of this code; authorized
members or persons shall be those members or persons of the various
Departments designated by the department head.
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 chapter,
he shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall be
in writing; include a statement of the reasons why it is being issued;
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 last known address
or posted in a conspicuous place in or about the premises affected
by the notice. Such notice shall also state that unless, within 10
days from service of the notice, a written request is made for a hearing
before the Enforcement 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, and such notice shall prescribe
a reasonable time within which such person shall be required to cease
and desist from and to abate such violation. The notice may also contain
an outline of remedial action which, if taken, will affect compliance
with the provision of this chapter.
If a hearing is requested pursuant to §
265-19 hereof, it shall be commenced not 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. If after the hearing the Enforcement Officer finds that no violation exists, he shall withdraw the notice. If he finds that a violation does exist, he shall enter and issue an order requiring the abatement of same within a prescribed reasonable time. The proceedings at such hearing, including the findings and decision of the Enforcement Officer, shall be summarized, reduced to writing and entered in a matter of public record in the office of the Enforcement Officer.
At any hearing held before the Enforcement Officer
pursuant to the provisions of this code, the Enforcement 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 Enforcement Officer.
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 chapter, such order shall
be effective immediately. 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.
Notwithstanding the provisions of §
265-19 hereof, the Enforcement Officer may, at his election, prosecute violations of any section of this code involving public health or public safety without notice, by the filing of a complaint with the Administrator of the Municipal Court of the Borough of Woodcliff Lake.
Any person who shall violate any of the provisions
of this chapter or any order promulgated hereunder shall, upon conviction,
be punished by a fine not to exceed $500 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
chapter and each day that such violation shall continue shall be deemed
to be a separate and distinct offense.
[Added 8-7-2000 by Ord. No. 00-6; amended 9-18-2000 by Ord. No.
00-8]
Nothing in this Chapter
265 shall be construed as requiring proof of loss in property values to sustain a finding that this chapter has been violated, nor is anything in this chapter to be construed as abrogating rights of nonconforming uses or structures, as existing under and defined in Chapter
380, Zoning, of the Code of the Borough of Woodcliff Lake and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Added 10-16-2006 by Ord. No. 06-12]
It shall be unlawful for any person to create
graffiti on buildings, structures and other exposed surfaces located
within the Borough, or to allow graffiti to remain on his property.
Whenever any graffiti is evident on a building, structure or other
exposed surface, the owner of the building, structure or other exposed
surface shall be deemed to have violated this section, and must remove
the graffiti or be subject to enforcement as follows:
A. The provisions of this section shall be enforced by
the Building Department of the Borough of Woodcliff Lake or its designee.
The owner of the property shall be sent a notice of the order to remove
the graffiti by certified and regular mail, and the owner shall be
afforded 90 days from the date the notice is sent to remove the graffiti.
B. An owner who has been ordered to remove graffiti must
respond to the municipality by personal delivery or by certified mail
regarding an objection to an order within 30 days of the date of the
order or provide notice that the graffiti has been removed within
90 days of the date of the order.
C. An owner who objects to an order to remove graffiti
may institute an action challenging the order before a court of competent
jurisdiction within 60 days of the date of the order.
D. Unless an action challenging the order to remove the
graffiti is still pending when an order to remove graffiti has been
issued, the Borough may remove the graffiti from that property and
present a detailed itemization of the costs incurred by the Borough
for reimbursement from the property owner.
E. If the Borough undertakes the removal of the graffiti
from any building, structure or other exposed surface, the governing
body, in addition to assessing the cost of removal as a municipal
lien against the premises, may enforce the payment of such assessment,
together with interest as a debt of the owner of the property and
may authorize the institution of an action at law for the collection
thereof. The Superior Court shall have jurisdiction over any such
action.
[Added 9-21-2009 by Ord. No. 09-15; amended 9-2-2014 by Ord. No. 14-09]
Notwithstanding any other remedy in this chapter, where the
abatement of any condition, the correction of a defect in the premises,
or the performance of work necessary to place premises in a proper
condition, so as to conform to this chapter, or any other ordinance
of the Borough or applicable laws of the State of New Jersey, shall
not have been completed within the period required by the notice from
the Enforcement Officer, the Enforcement Officer shall engage the
services of a contractor to perform any and all maintenance required
to bring the property in full conformance with this chapter. The full
cost of the work, plus a fine not to exceed $2,000 per offense, shall
become a lien against the premises, collectible as provided by law.
The final statement shall be filed with the Tax Collector of the Borough,
who shall be responsible for the collection, and a copy of the report
and statement shall be sent by certified mall, return receipt requested,
to the owner.