[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 10-16-2002 by Ord. No. 02-14-1256. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code Residential and Nonresidential of the Borough of Cresskill" and may be referred to in this chapter as the "Property Maintenance Code Residential and Nonresidential" or as "this code."
The purposes of this chapter are:
To provide for the public health, safety and welfare.
To avoid, prevent and eliminate the maintenance or creation of hazards to the public health or safety.
To avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to adversely impact adjacent or surrounding properties.
To prevent the creation, continuation, extension or aggravation of blight and public nuisance.
To preserve property values in the Borough.
To prevent the physical deterioration or progressive downgrading of the quality of housing facilities in the Borough.
To maintain the value and economic health of the commercial and residential properties and businesses that serve and operate in the Borough.
To prevent and eliminate physical conditions in or on property which constitute nuisances and thereby are dangerous or hazardous to the life, health or safety of persons on or near the premises which such conditions exist.
To establish minimum standards governing the maintenance and condition of land, buildings, structures and premises in the Borough of Cresskill.
To fix responsibilities and duties thereof upon owners, lessees, operators and occupants of property.
To provide for administration and enforcement.
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:
- EXTERIOR OF PREMISES
- 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.
- A. Any public or private condition that the Cresskill Construction Official, Health, Fire or Police Departments find to be a nuisance under the statues, laws and regulation of the State of New Jersey, its governmental agencies or this chapter.
- B. Any physical condition existing in or on the exterior of premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of the 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 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 of 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 co-owner with the lessor for the purposes of this chapter 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.
- REFUSE or RUBBISH
- 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, crockery, 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.
Every residential and nonresidential building, structure, lot and the premises or part of the premises on which it is situated in the Borough of Cresskill, 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 on 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 provision of this chapter.
In furtherance of the purposes of this chapter, it shall be the duty and legal responsibility of the owner, operator or occupant of premises to comply with any or all of the requirements and standards of this chapter, 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 Cresskill 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 then any other regulation or ordinance of the Borough of Cresskill 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 Cresskill 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.
Any alterations to buildings, structures or appurtenances thereto or change 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.
Nothing contained in this code or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of any zoning laws of the municipality.
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.
The exterior of premises shall be kept free of the following matter, materials or conditions.
A. Refuse and rubbish, as hereinabove defined.
[Amended 9-1-2010 by Ord. No. 10-17-1396]
B. The garbage and rubbish to be collected at the curb shall not be placed there earlier than 6:00 p.m. on the day previous to the day established for pickup. Such receptacles shall be removed from the curb no later than 9:00 p.m. on the day of pickup.
[Amended 9-1-2010 by Ord. No. 10-17-1396]
Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cell openings, basement hatchways, foundation or excavations.
Abandoned iceboxes, refrigerators, boilers, hot-water heaters, televisions sets and other similar major appliances.
Structurally unsafe or unsound buildings, structures or fences.
Rodents, vermin, pest infestations or rodent harborages.
Stagnant surface or ground water accumulations which create or are likely to create mosquito or other insect breeding areas.
Nuisances, as hereinabove defined.
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.
It shall also be the duty and responsibility of owners, occupants or operators to assure that all premises are properly identifiable with a street number as assigned by the appropriate official of the Borough of Cresskill, which number shall be clearly visible from the street at all times.
The Construction Official of the Borough of Cresskill is hereby designated as the officer charged with enforcement of this chapter and is hereinafter referred to as "Building Inspector."
Whenever the Building Inspector determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violation to the persons, persons or entities responsible therefor under this chapter.
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.
The 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 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 Building Inspector shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days.
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.
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 tax lien on the property.
Whenever the Building Inspector finds that an emergency condition in violation of this chapter 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 § 202-13, Enforcement, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency.
Notwithstanding any other provision of this chapter, 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 Building Inspector, any such person shall have the right to seek a judicial stay of enforcement before the New Jersey Superior Court.
Any person or entity who or which shall violate any of the provisions of this chapter or any notice or order promulgated hereunder shall, after a summons is issued under the terms hereof, upon conviction, be punishable as provided in the general penalty provisions of the Cresskill Borough Code, Chapter 1, Article II, § 1-15.
The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this code determined in favor of the Borough and the cost of any such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, undertaken pursuant hereof or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof shall be a municipal lien against the real property upon which such cost was incurred.
If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no credits or if the sum total of such costs exceeds the total of such credits, a detailed statement (herein called the "municipal lien certificate") of the aforesaid costs and the amount so due shall be filed by the Public Officer with the Municipal Tax Collector of the Borough, and a copy thereof shall be forthwith forwarded by the Public Officer to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited with the Clerk of the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order of judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided, however, that nothing contained in this code shall be constructed to limit or impair in any way the power of the Borough to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the municipal lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
All terms and words used in this chapter 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.