[HISTORY: Adopted by the Mayor and Council
of the Borough of Saddle River as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-10-1975 by Ord. No. 243-C]
This chapter shall be known as the "Property
Maintenance Code of the Borough of Saddle River" and may be referred
to in this article as the "Property Maintenance Code" or as "this
code."
The purposes of this article are:
A.
To provide for the public health, safety and welfare.
B.
To avoid, prevent and eliminate the maintenance or
creation of hazards to the public health or safety.
C.
To avoid, prevent and eliminate conditions which,
if permitted to exist or continue, will depreciate or tend to depreciate
the value of adjacent or surrounding properties.
D.
To prevent the creation, continuation, extension or
aggravation of blight.
E.
To preserve property values in the Borough.
F.
To prevent the physical deterioration or progressive
downgrading of the quality of housing facilities in the Borough.
G.
To maintain the value and economic health of the commercial
properties and businesses that serve and help to support the Borough
and its citizens.
H.
To prevent and eliminate physical conditions in or
on property which constitute nuisances and are thereby potentially
dangerous or hazardous to the life, health or safety of persons on
or near the premises where such conditions exist.
I.
To establish minimum standards governing the maintenance
and condition of land, buildings, structures and premises in the Borough
of Saddle River.
J.
To fix responsibilities and duties thereof upon owners,
lessees, operators and occupants of property.
K.
To provide for administration and enforcement.
L.
To fix penalties for the violation of this code.
For the specific purposes of this code, the
following terms, whenever used herein or referred to in this code,
shall have the respective meanings assigned to them hereunder, unless
a different meaning clearly appears from the context:
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto, and the open land
space of any premises outside of any building or structure erected
thereon.
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New Jersey, its governmental agencies or the ordinances of
the Borough of Saddle River.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of premises where said condition exists.
Any person residing, living or sleeping in or on the premises
or having actual possession, use or occupancy of a dwelling premises
or any person or entity in possession of or using any premises, or
part thereof, whether or not the owner thereof and regardless of the
duration of time of such possession, use or occupancy.
Any person, persons or entity, not the owner, who has charge,
care or control of a dwelling or premises, or a part thereof, with
or without the knowledge, consent or authority of the owner.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building, structure
or part thereof, as owner or agent of the owner, or as a fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group or persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building, structure or land shall be deemed to
be a coowner with the lessor for the purposes of this article and
shall have responsibility over the portion of the premises so sublet,
leased or assigned.
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the buildings or structures thereon.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockerly, wood mineral matter, plastic,
rubber, leather, furniture, household goods, appliances, bedding,
scrap lumber, scrap metal, construction material, inoperable machinery
or parts thereof, garden or farming implements and supplies, dead
or rotting vegetation, tires, abandoned, inoperative or unusable automobiles
and vehicles and solid commercial or industrial waste.
A combination of materials which forms a construction, such
as buildings, platforms, sheds, swimming pools, tennis courts of all
types and fences, whether above, below or at ground level.
A.
Every residential and nonresidential building, structure,
lot and the premises or part of the premises on which it is situated
in the Borough of Saddle River, previously or presently used or intended
to be used for dwelling, commercial, business, recreational, service,
transportation, institutional, religious, charitable, quasi-public,
professional or industrial occupancy and uses accessory thereto, shall
comply with the provisions of this code, whether or not any such building
or structure shall have been constructed, altered or repaired before
or after the enactment of this code and irrespective of any permits
or licenses which may have been issued for the use or occupancy of
such building or for the installation or repair of equipment or facilities
prior to the effective date of this code. Vacant lots, lands and premises
are also required to comply with the provisions of this article.
B.
In furtherance of the purposes of this article, it
shall be the duty and responsibility of the owner, operator or occupant
of premises to comply with any or all of the requirements and standards
of this article, to keep the premises free of conditions which constitute
violations hereof and to promptly remove, prevent or abate such conditions.
In any case where the provisions of this code
impose a higher or stricter standard than set forth in any other ordinance
or regulation of the Borough of Saddle River or under the laws or
regulations of the State of New Jersey or any of its agencies, then
the standards as set forth herein shall prevail; but if the provisions
of this code impose a lower or lesser standard than any other regulation
or ordinance of the Borough of Saddle River or of the laws and regulations
of the State of New Jersey or any of its agencies, then the higher
standard contained in any such other ordinance, regulation or law
shall prevail.
Compliance with this code shall not constitute
a defense against any violation of any other ordinance of the Borough
of Saddle River applicable to any structure or premises, nor shall
any one act of compliance constitute a defense against any subsequent
or other violation of this code.
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this code,
and no such person or entity shall be relieved of any duty, obligation
or responsibility hereunder nor be entitled to assert as a defense
against any charge made against him or them for violation of this
code the fact that another owner, operator or occupant or any other
third person or entity is also responsible therefor and in violation
hereof.
A.
Any alterations to buildings, structures or appurtenances
thereto, or changes of use therein, which may be caused directly or
indirectly by the enforcement of this code shall be done in accordance
with all applicable sections of the Uniform Construction Code.
[Amended 2-22-1994 by Ord. No. 600-C]
Nothing in this code shall be deemed to abolish
or impair existing remedies of the municipality or its officers or
agencies relating to the removal or demolition of any buildings or
structures which are deemed to be dangerous, unsafe or unsanitary.
A.
The exterior of all premises shall be kept free of
the following matter, materials or conditions:
(1)
Refuse, as hereinabove defined.
(2)
Rubbish, as hereinabove defined.
(3)
Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(4)
Abandoned iceboxes, refrigerators, boilers, hotwater
heaters, television sets and other similar major appliances.
(5)
Structurally unsafe or unsound buildings, structures
or fences.
(6)
Rodents, vermin, pest infestations or rodent harborages.
(7)
Animal excrement.
(8)
Stagnant surface or ground water accumulations which
create or are likely to create mosquito or other insect breeding areas.
(9)
Nuisances, as hereinabove defined.
(10)
Vehicles or parts thereof, including boats and
trailers, motorized or not, licensed or unlicensed, registered or
unregistered, which vehicles or parts thereof are or have been junked,
abandoned or dismantled or are in a state of visible disrepair.
B.
Without limitation by the foregoing, it shall also be the duty and responsibility of owners, occupants or operators to keep the exterior of all premises structurally sound, in good general repair and sufficiently maintained to an extent so as to prevent and avoid conditions that violate the purposes of this article as hereinabove set forth in § 166-2.
C.
No owner, operator or occupant shall permit the usage
of a basement water pump, sump pump or other water pumping device
unless adequate drainage facilities are provided as approved by the
Construction Official/Building Inspector to prevent this water from
flowing onto any road or sidewalk within the Borough of Saddle River.
[Added 12-16-1996 by Ord. No. 96-644-C]
It shall also be the duty and responsibility
of owners, occupants or operators to assure that all premises are
properly identified with a street number as assigned by the appropriate
official of the Borough of Saddle River, which number shall be clearly
visible from the street at all times.
The Construction Official/Building Inspector
of the Borough of Saddle River is hereby designated as the officer
charged with the enforcement of this article and is hereinafter referred
to as the "Construction Official/Building Inspector."
A.
Whenever the Construction Official/Building Inspector
determines that there is or has been a violation of any provision
of this article, he shall give notice of such violation to the persons,
persons or entities responsible therefor under this article.
B.
Such notice shall be in writing and shall include
a concise statement of the reasons for its issuance. Such notice shall
be deemed to be properly and sufficiently served if a copy thereof
is sent by registered or certified mail to the last known address
of the person or entity upon which the same is served, as shown by
the most recent tax lists of the municipality; or a copy thereof handed
to said person or persons; or a copy thereof left at the usual place
of abode or office of said persons or entities. Notice shall be given
as aforesaid within or without the municipality. The notice shall
also state that, unless the violation is abated, removed, cured, prevented
or desisted from within 10 days of the date of service of such notice
(exclusive of the date of service), a summons shall issue for such
violation.
C.
The Construction Official/Building Inspector may,
at the time he issues the notice, extend the period for compliance
with the violation stated in the notice for a period in excess of
the aforesaid 10 days if, in his judgment, the abatement, removal,
prevention, cessation of or cure of the condition violated cannot
reasonably be effected within the ten-day period; and in such cases
the Construction Official/Building Inspector shall state such reasonably
required extended period in the notice, which shall then be applicable
instead of the aforesaid 10 days.
D.
In the event the violation is not abated, removed,
cured, prevented or desisted from or otherwise fully remedied within
said ten-day period or within such extended period as set forth in
the notice, pursuant to the foregoing, a summons shall then issue
against the person, persons, entity or entities so notified.
E.
If the owner fails to abate conditions found to be
in violation, the Borough will abate the violation and charge the
owner for the actions of the Borough, with any unpaid costs to become
a lien on the property.
[Added 2-22-1994 by Ord.
No. 600-C]
A.
Whenever the Construction Official/Building Inspector finds that an emergency condition in violation of this article exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in § 166-13, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as it reasonable necessary to meet the emergency.
B.
Notwithstanding any other provision of this article,
such order shall be effective immediately. Any person to whom such
an order is directed shall comply therewith immediately, but upon
objection, in writing, to the Construction Official/Building Inspector,
any such person shall be afforded a hearing before the governing body
of the Borough as soon as is reasonably possible. After such a hearing
and decision by the governing body as to the existence or nonexistence
of the emergency condition, the governing body may continue such order
in effect or modify or withdraw it, subject to issuance of a summons
for violation thereof if such order is continued.
[Amended 2-22-1994 by Ord. No. 600-C]
All terms and words used in this article shall
be deemed and construed to include any other number, singular or plural,
and any other gender, masculine, feminine or neuter, as the context
or sense of any paragraph or clause herein may require.
[Adopted 6-27-2022 by Ord. No. 22-1036[1]]
[1]
Editor's Note: This ordinance superseded former Art. II, Vacant
and Abandoned Residential Properties, adopted 8-15-2016 by Ord. No. 16-922-C.
The purpose of this article is to mitigate blight and dangerous
conditions created by vacant and abandoned properties throughout the
Borough and to address the same pursuant to the provisions of the
Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq.,
and associated police powers of the Borough. This article, however,
shall not apply to any property owned by the Borough of Saddle River,
or any property located in an historic district.
As used in this article, the following terms shall have the
meanings indicated:
Pursuant to N.J.S.A. 55:19-81, an abandoned property is defined
as any property that has not been legally occupied for a period of
six months and which meets any one of the following criteria.
The property is in need of rehabilitation in the reasonable
judgment of the Borough, and no rehabilitation has taken place during
that six-month period.
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the Borough pursuant to this article.
At least one installment of property tax remains unpaid and
delinquent on that property in accordance with Title 54 of the Revised
Statutes as of the date of the determination by the Borough pursuant
to this article.
Any building or structure which is not legally occupied or at
which all lawful business or construction operations or renovation
work or residential occupancy has substantially ceased, and which
is in such condition that it cannot legally be reoccupied without
repair or rehabilitation, and/or the property has been determined
to be a nuisance by the Borough in accordance with N.J.S.A. 55:19-82.
A property which contains both residential and nonresidential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq., so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the Borough and the property meets the criteria of either Subsection A(1) or (4) of this definition.
Any person or entity, including but not limited to service
companies, lenders in a mortgage agreement and any agent, servant
or employee of the mortgagee, or any successor in interest and/or
assignee of the mortgagee's rights, interests or obligations
under a mortgage or mortgage note on a property located within the
Borough which has taken any one of the following actions with regard
to an abandoned property or vacant property:
Shall mean and include the title holder, any agent of the
title holder having authority to act with respect to a vacant property,
any foreclosing entity subject to the provisions N.J.S.A. 46:10B-51,
or any other entity determined by the Borough to have authority to
act with respect to the property.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation,
including but not limited to any property meeting the definition of
"abandoned property" in N.J.S.A. 55:19-80 et seq.; provided, however,
that any property where all building systems are in working order,
where the building and grounds are maintained in good order, or where
the building is in habitable condition, and where the building is
being actively marketed by its owner for sale or rental, shall not
be deemed a vacant property for purposes of this article.
Effective July 1, 2022, the owner or creditor of any vacant
property as defined herein shall, within 30 calendar days after the
building becomes vacant property or within 30 calendar days after
assuming ownership of the vacant property, whichever is later; or
within 10 calendar days of receipt of notice by the Borough, file
a registration statement for such vacant property with the Borough
on forms provided by the Borough for such purposes. Failure to receive
notice by the municipality shall not constitute grounds for failing
to register the property.
A.
Each property having a separate block and lot number as designated
in official records of the Borough shall be registered separately.
B.
The registration statement shall include the name, street address,
telephone number, and email address of a person 21 years or older,
designated by the owner or creditor as the authorized agent for receiving
notices of Code violations and for receiving process in any court
proceeding or administrative enforcement proceeding on behalf of such
owner or creditor in connection with the enforcement of any applicable
Borough Code; and the name, street address, telephone number, and
email address of the firm and the actual name(s) of the firm's
individual principal(s) responsible for maintaining the property.
The individual or representative of the firm responsible for maintaining
the property shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis. The two entities may be the same or different
persons. Both entities shown on the statement must maintain offices
in the State of New Jersey or reside within the State of New Jersey.
C.
The owner or creditor shall be required to renew the registration
by January 1 each year as long as the property remains a vacant property
and shall pay a registration or renewal fee in the amount required
herein for each vacant property registered. The owner or creditor
shall notify the Borough Clerk within 30 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Borough Clerk for such purpose.
D.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
creditor of the building.
The owner or creditor of any vacant or abandoned property registered
under this article shall provide access to the Borough to conduct
exterior and interior inspections of the building to determine compliance
with municipal codes, upon reasonable notice to the owner or creditor
or the designated agent. Such inspections shall be carried out on
weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such other
time as may be mutually agreed upon between the owner or creditor
and the Borough.
A.
An owner or creditor who meets the requirements of this article with
respect to the location of their residence or workplace in the State
of New Jersey may designate themselves as agent or as the individual
responsible for maintaining the property.
B.
By designating an authorized agent under the provisions of this section,
the owner or creditor consents to receive any and all notices of code
violations concerning the registered vacant property and all process
in any court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered building by service
of the notice or process on the authorized agent. Any owner or creditor
who has designated an authorized agent under the provisions of this
section shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner or creditor
notifies the Borough of Saddle River in writing of a change of authorized
agent or until the owner or creditor files a new annual registration
statement.
C.
Any owner or creditor who fails to register vacant property under
the provisions of this article shall further be deemed to consent
to receive, by posting on the building, in plain view, and by service
of notice at the last known address of the owner or creditor of the
property on record within the Borough of Saddle River by regular and
certified mail, any and all notices of code violations and all process
in an administrative proceeding brought to enforce code provisions
concerning the building.
The owner or creditor of any property that has become vacant
or abandoned, and any person maintaining or operating or collecting
rent for any such building that has become vacant or abandoned shall,
within 30 days thereof:
A.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Borough Code, or as set forth
in the rules and regulations supplementing those codes;
B.
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent
for the purpose of service of process, and the person responsible
for the day-to-day supervision and management of the building, if
such person is different from the owner holding title or authorized
agent. The sign shall be of a size and placed in such a location so
as to be legible from the nearest public street or sidewalk, whichever
is nearer, but shall be no smaller than eight inches by 10 inches;
C.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete;
D.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well
maintained and free from trash, debris, loose litter, and grass and
weed growth; and
E.
Continue to maintain the structure in a secure and closed condition,
keep the grounds in a clean and well-maintained condition, and ensure
that the sign is visible and intact until the building is again occupied,
demolished, or until repair and/or rehabilitation of the building
is complete.
A.
Any person or entity that violates any provision of this article
or of the rules and regulations issued hereunder shall be fined not
less than $100 and not more than $1,000 for each offense. Every day
that a violation continues shall constitute a separate and distinct
offense. Fines assessed under this section shall be recoverable from
the owner or creditor and shall be a lien on the property.
B.
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days of receipt of notice
by the municipality, and failure to provide correct information on
the registration statement, or failure to comply with the provisions
of such provisions contained herein, shall be deemed to be violations
of this article.
