[1985 Code § 9-4.1; Ord. No. 1999-11]
This chapter shall be known as the Property Maintenance Code
of the Borough of Ringwood.
[1985 Code § 9-4.2; Ord. No. 1999-11]
The purpose of this chapter 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 avoid, prevent and eliminate conditions
which, if permitted to exist, will depreciate the value of adjacent
or surrounding properties; to prevent the creation, continuation,
extension or aggravation of blight; to prevent and eliminate physical
conditions in or on property which constitute nuisances and are dangerous
or potentially dangerous to the life, health and safety of persons
or property on or near the premises where such conditions exist; to
fix certain responsibilities on owners, occupants, lessees and operators;
to establish procedures for inspection of premises; and to fix penalties.
This chapter is hereby declared to be remedial and essential for the
public interest and shall be construed liberally to effectuate the
purposes as stated herein.
[1985 Code § 9-4.3; Ord. No. 1999-11]
The following terms, wherever used herein or referred to in
this chapter, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
Shall mean a combination of materials to form a construction
adapted to occupancy for use for public, residential, institutional,
commercial, industrial or storage use. Building shall also mean structure.
Shall mean the condition or appearance of a building or premises,
or part thereof, characterized by holes, breaks, rot, crumbling, or
rusting or other evidence of physical decay or neglect, lack of maintenance,
or excessive use.
Shall mean those portions of the building or structure which
are exposed to public view, and the open space of any premises outside
of any building or structure erected thereon.
Shall mean:
Any public nuisance known at common law or in equity jurisprudence
or as provided by the Statutes of New Jersey, or the regulations of
any administrative body, or the laws of Passaic County, or the Borough
of Ringwood;
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building or structure, or on the
premises thereof, or upon an unoccupied lot or parcel of land. This
includes, but is not limited to, abandoned wells, shafts, basements,
excavations, ice bores, refrigerators or motor vehicles, structurally
unsound fence, lumber, trash or debris;
Physical conditions dangerous to a human life, or detrimental
to the health of persons, or liable to cause damage to property, on
or near the premises where the condition exists;
Any premises which are manifestly capable of being a fire hazard
or are manifestly unsafe or unsecure as to endanger life, health or
property;
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an uncontrolled growth of weeds;
and
Any structure or building that is in a state of dilapidation,
deterioration or decay; that has faulty construction, is overcrowded,
or in danger of collapse or failure.
Shall mean any person residing, living or sleeping in or
on the premises or having actual use or possession or occupancy of
a dwelling or premises, or part thereof, whether or not he or she
is the owner, and regardless of the duration of time of such possession,
use or occupancy.
Shall mean any person or entity, not the owner, who has charge,
care, or control of a dwelling or premises, or part thereof, with
or without the knowledge or consent of the owner.
Shall mean any person or entity having legal or equitable
title in any form whatsoever to any premises or part thereof, including,
but not limited to, an agent of the owner, fiduciary, trustee, receiver,
guardian, lessee, mortgagee in possession, regardless of how possession
was obtained.
Shall a mean lot, plot, parcel of land or right-of-way, including
the buildings or structures thereon.
Shall a mean a combination of any materials, fixed or portable,
forming a construction, including a building.
[1985 Code § 9-4.4; Ord. No. 1999-11]
Every residential and nonresidential building, structure, lot,
premises or part thereof, whether vacant or used for any purpose shall
comply with the provisions of this chapter whether any building or
structure was constructed, altered or repaired before passage of this
chapter and irrespective of any permits or licenses which might have
been issued. Vacant land, lots and premises shall comply with provisions
of this chapter.
[1985 Code § 9-4.5; Ord. No. 1999-11]
Where the provisions of this chapter impose a higher standard
than that set forth in any ordinance, law, statute, rule or regulation
of any governmental body, then the standards set forth herein shall
prevail. If this chapter imposes a lower standard, then the higher
standard shall prevail.
[1985 Code § 9-4.6; Ord. No. 1999-11]
Compliance with the provisions of this chapter shall not constitute
a defense against any violation of any other ordinance, law, statute,
rule or regulation of any governmental body.
[1985 Code § 9-4.7; Ord. No. 1999-11]
Owners, operators and occupants shall have all the duties, obligations
and responsibilities set forth in this chapter; and no owner, operator
or occupant shall be relieved of any duty, responsibility or obligation
provided herein, nor be entitled to assert as a defense, that another
owner, operator or occupant is responsible under this chapter.
[1985 Code § 9-4.8; Ord. No. 1999-11]
Nothing in this chapter shall be deemed to abolish, waive or
impair existing remedies of the Borough relating to the repair, removal
or demolition of any building or structure deemed to be unsafe, dangerous
or unsanitary.[1]
[1985 Code § 9-4.9; Ord. No. 1999-11]
It shall be the duty, obligation and responsibility of the owner,
operator or occupant of any building, structure or premises to comply
with the standards set forth herein.
[1985 Code § 13-8.7; Ord. No. 1999-11; Ord. No. 2015-#10]
It shall be the duty of every owner, operator and occupant of
any building, structure or premises to keep the same free of nuisances
which include, but shall not be limited to, the following:
a.
Abandoned, uncovered or structurally unsound wells, shafts, towers,
exterior cellar openings, basement hatchways, foundations or excavations;
b.
Abandoned ice boxes, refrigerators, televisions, heaters and similar
appliances;
c.
Animal excrement;
d.
Overhanging and loose objects which, by reason of location above
ground level, constitute a danger of falling on persons in the vicinity;
e.
Natural growth such as dead or dying or storm damaged trees or other
growth which, by reason of its condition, constitutes a hazard to
life or property;
f.
Vehicles, boats and trailers which have been junked, dismantled,
abandoned, or in a state of disrepair, whether registered or unregistered,
licensed or unlicensed;
g.
Buried rubble, refuse or garbage;
h.
Hidden or uncovered ground or surface hazards such as holes, sudden
depressions, sharp or jagged projections or obstructions;
i.
Broken glass or windows; rotted, missing or destroyed window sashes;
destroyed window frames or sashes, exterior doors or other major component
parts of buildings or structures;
j.
Structurally unsound, loose, dangerous, crumbling, missing, broken,
rotted or unsafe exterior portions of buildings or structures, including,
but not limited to, balconies, stairways, handrails, steps, walls,
overhangs, roofs, fences, fire escapes, signs, or loose, crumbling
or falling bricks, mortar, stone or plaster.
k.
Paved Areas. In commercial and industrial areas, all driveways, parking
areas, loading areas, automobile services stations and drive-in food
establishments shall be paved with bituminous concrete or equivalent
surfacing and shall be free from dirt and other litter and kept in
good repair. Pavement which is severely cracked with deteriorated
surface, frost heaved or with potholes shall be repaired. When lighted
for nighttime use, lights shall not be permitted to cast directly
upon dwellings nearby. All motor vehicles will park only on paved
areas.
l.
Traffic Safety Maintenance. All traffic-flow and control signs, whether
painted on pavement or vertical structures, shall be properly maintained
in a functional condition. Bent and leaning sign poles shall be replaced
and/or straightened. Painted directional and parking-bay strips shall
be maintained in a readable condition. Bent and broken traffic control
guardrails and fencing shall be replaced.
m.
Public Areas. All sidewalks, steps, driveways, parking spaces and
similar paved areas for public use shall be kept in a proper state
of repair.
n.
Exterior Surfaces (Foundations, Walls and Roof). Every foundation,
exterior wall, rood and all other exterior surfaces shall be maintained
in a workmanlike state of maintenance and repair and shall be kept
in such condition as to be visually attractive.
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 neighborhood and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
o.
Garbage dumpsters shall be kept in enclosures.
p.
Landscaping. Premises shall be kept landscaped and lawns, hedges
and bushes shall be kept trimmed and from becoming overgrown and unsightly
where exposed to public view and where the same constitute a blighting
factor depreciating adjoining property. The grass on lawns and on
grass strips located on sidewalks abutting the property shall be cut
to a height not exceeding six inches.
q.
Signs and Billboards. All permanent signs and billboards exposed
to public view permitted by reason or other regulations as a lawful
nonconforming use shall be maintained in good repair. Any signs which
have excessively weathered or faded or those upon which the paint
has excessively peeled or cracked shall, with their supporting members,
be removed forthwith or put into a good state or repair. All non-operative
or broken electrical signs shall be repaired or shall, with their
supporting members, be removed forthwith.
Except for "for rent" signs, any temporary signs or other paper
advertising material glued or otherwise attached to a window or windows
exposed to public view shall be removed.
r.
Windows. All windows exposed to public view shall be kept clean and
free of marks or foreign substances except when necessary in the course
of changing displays. No storage or materials, stock or inventory
shall be permitted in window display areas or other areas ordinarily
exposed to public view 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 screening of interiors
shall be maintained in clean and attractive manner and in good state
of repair.
s.
Storefronts. All storefronts shall be kept in good repair, painted
where required, and shall not constitute a safety hazard or nuisance.
In the event repairs to the storefront become necessary, such repairs
shall be made with the same or similar materials used in the construction
of the storefront in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a storefront shall be kept
painted, where required, and in good repair.
No metal accordion-grate or grill-type security doors shall
be used to cover storefronts or commercial establishments where the
security door is visible from the street, unless the property owner
can demonstrate the following: (1) that he has installed a burglar
alarm system and has taken all reasonable steps to secure the property;
(2) that notwithstanding the precautions taken, the property has been
burglarized more than once, and that a security door or cage is necessary
for the continued security of the property. Any property owner seeking
relief under this paragraph (b) shall submit an application to the
Chief of Police or his designee. This section shall not apply to garage
doors.
t.
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 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 awnings and marquees are constructed of cloth, plastic
or 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 an encroachment
on streets, sidewalks or other parts of the public domain.
[1985 Code §§ 13-8.4 - 13-8.6, 13-8.10; Ord.
No. 1999-11]
a.
Garbage and Refuse Containers.
1.
All exterior property areas and premises shall be maintained free
from any accumulation of rubbish or garbage.
2.
Commercial and industrial establishments producing garbage, waste
or putrescible materials shall at all times cause to be used leak-proof
containers with close-fitting covers for the storage of such material
until removed from the premises.
3.
All commercial and industrial premises shall be kept free of noticeable
accumulations of paper and solid waste debris. Refuse containers shall
be kept closed at all times.
4.
It shall be unlawful for any residential or commercial property owner
to permit open, or overflowing waste disposal bins on his or her property.
b.
Storage of Bulky Household Waste. It shall be unlawful for any residential
property owner to store or permit storage of any bulky household waste,
including household appliances, furniture and mattresses, in areas
zoned residential except in a fully enclosed structure or during days
designated for the collection of bulky items.
c.
Storage of Tires. It shall be unlawful for any residential property
owner to store or permit storage of tires in areas zoned residential
except in a fully enclosed structure or on days designated for the
collection of tires.
d.
Parking of Vehicles on Lawns. It shall be unlawful for any residential
property owner to park or permit the parking of any vehicle on his
or her residential lawn.
e.
Chimneys, Cooling Towers and Smoke Stacks. All chimneys, cooling
towers, smoke stacks and similar appurtenances shall be maintained
structurally safe, sound and in good repair.
f.
Gas, Steam, Smoke and Odors. Pipes, ducts, conductors, fans or blowers
shall not discharge gases, steam, vapor, hot air, grease, smoke, odors
or other gaseous or particulate waste directly upon abutting or adjacent
public or private property or that of another tenant.
[Ord. No. 1999-11]
The provisions of this chapter shall be enforced by the Construction
Official, or such other persons who may be designated by the Borough
Manager, with the assistance of the Police Department and the Health
Department.
[Ord. No. 1999-11]
Whenever the Enforcement Officer determines that there has been
a violation of the provisions of this chapter, the Officer shall give
notice of such violation to the person responsible for such violation.
The notice shall be in writing and shall include a statement of the
reasons for its issuance. Such notice shall be deemed to be properly
served if a copy is sent by registered or certified mail to the last
known address of the person as shown by the most recent tax lists
of the Borough; or a copy thereof handed to such person; or a copy
thereof left at the usual residence or place of business of such person
or entities. The notice shall also state that unless the violation
is cured, abated, removed, prevented or desisted from within 10 days
of the date of service, a summons shall be issued for such violation.
The Enforcement Officer may extend the period for compliance for a
period in excess of 10 days as aforesaid, if, in his or her judgment,
the violation cannot be rectified in 10 days.
[Ord. No. 1999-11]
Notwithstanding any provisions to the contrary, whenever the Enforcement Officer finds an emergency condition in violation of this chapter, which requires immediate action to protect the public health or safety, he or she may issue an order by service of notice as set forth in subsection 13-6.2, reciting the emergency condition and requiring that such action be taken by the violator on a date set forth by the Enforcement Officer.
[Ord. No. 1999-11]
Whenever any violation of this chapter is of such a nature as
to constitute an immediate threat to life or property unless abated
without delay, the Enforcement Officer shall abate the violation immediately
by prohibiting any use of the subject property; or by ordering the
immediate vacation of the property; or by employing the necessary
labor and materials to render the subject property safe; or any combination
of the aforesaid remedies. Costs incurred for any emergency work shall
be paid from the Borough Treasury. The costs shall constitute a lien
on the premises and legal counsel for the Borough shall institute
appropriate action to recover said costs.
[Ord. No. 1999-11]
It shall be unlawful for the owner of any building, structure
or premises who has received a compliance order, notice of violation
or summons to sell, transfer or lease the subject building, structure
or premises until the provisions of the compliance order or notice
of violation have been met, or until a suitable escrow shall be posted
with the Borough.
