[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."
[Amended 4-18-2018 by Ord. No. 18-08-1520]
A.
The purposes
of this chapter are:
(1)
To provide for the public health, safety and welfare.
(2)
To avoid, prevent and eliminate the maintenance or
creation of hazards to the public health or safety.
(3)
To avoid, prevent and eliminate conditions which,
if permitted to exist or continue, will depreciate or tend to adversely
impact adjacent or surrounding properties.
(4)
To prevent the creation, continuation, extension or
aggravation of blight and public nuisance.
(5)
To preserve property values in the Borough.
(6)
To prevent the physical deterioration or progressive
downgrading of the quality of housing facilities in the Borough.
(7)
To maintain the value and economic health of the commercial
and residential properties and businesses that serve and operate in
the Borough.
(8)
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.
(9)
To establish minimum standards governing the maintenance
and condition of land, buildings, structures and premises in the Borough
of Cresskill.
(10)
To fix responsibilities and duties thereof upon owners,
lessees, operators and occupants of property.
(11)
To provide for administration and enforcement.
(12)
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 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.
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.
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.
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 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.
B.
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.
A.
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.[1]
B.
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.
A. Refuse and rubbish, as hereinabove defined.
[Amended 9-1-2010 by Ord.
No. 10-17-1396]
B.
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]
C.
Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cell openings, basement hatchways, foundation
or excavations.
D.
Abandoned iceboxes, refrigerators, boilers, hot-water
heaters, televisions sets and other similar major appliances.
E.
Structurally unsafe or unsound buildings, structures
or fences.
F.
Rodents, vermin, pest infestations or rodent harborages.
G.
Animal excrement.
H.
Stagnant surface or ground water accumulations which
create or are likely to create mosquito or other insect breeding areas.
I.
Nuisances, as hereinabove defined.
J.
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.[1]
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."
A.
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.
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 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.
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.
Procedure upon failure. If within three days after
receipt of the ten-day notice to remove all grass, weeds, impediments,
debris, etc., a property owner or agent fails to remove same, the
Borough may proceed to utilize municipal employees and/or bid and/or
obtain private contractors, if said cost does not exceed the bid threshold
for the removal of any such grass, weeds, impediments, debris, etc.
Upon completion of the municipal cleanup, the municipal officer shall
submit a certification to the Council as to the actual cost of removing
said grass, weeds, impediments, hedges, debris, etc. The Council,
upon resolution, shall direct the Municipal Tax Collector to charge
the cost incurred by the municipality as a lien upon lands in the
form of property taxes to be assessed or levied upon such lands, same
to bear interest at the same rate as taxes and collected and enforced
by officers in the same manner as taxes. The aforestated provisions
are consistent with N.J.S.A. 40:65-12 and 40:48-2.27.
[Amended 8-10-2022 by Ord. No. 22-10-1592]
A.
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.
B.
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.
A.
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.
B.
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.
