Township of Saddle Brook, NJ Property Maintenance

This chapter shall be known as the "Property Maintenance Code of the Township of Saddle Brook" and may be referred to in this chapter as the "Property Maintenance Code" or as "this code."

§ 154-2 Purposes.

Pursuant to the authority granted by N.J.S.A. 40:48-2, the purposes of this code are hereby stated to be:

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 depreciate the value of adjacent or surrounding properties.

To prevent the creation, continuation, extension or aggravation of blight.

To preserve property values in the Township.

To prevent the physical deterioration or progressive downgrading of the quality of housing facilities in the Township.

To maintain the value and economic health of the commercial properties and businesses that serve and help to support the Township and its citizens.

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.

To establish minimum standards governing the maintenance and condition of land, buildings, structures and premises in the Township.

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.

§ 154-3 Definitions.

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.

NUISANCE

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 Township of Saddle Brook.

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.

OCCUPANT

Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling premises or rooming unit, 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.

OPERATOR

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.

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 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.

PREMISES

A lot, plot or parcel of land, right-of-way or multiple thereof including the building 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.

§ 154-4 Compliance required.

Every residential and nonresidential building, structure, lot and the premises or part of the premises on which it is situated in the Township of Saddle Brook, previously or presently used or intended to be used for dwelling, commercial, business, recreational, service, transportation, institutional, religious, charitable, quasi-public, 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 buildings 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 chapter.

§ 154-5 Prevalence of higher standards.

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 Township of Saddle Brook 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 Township of Saddle Brook or 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 or regulation shall prevail.

§ 154-6 Compliance not to constitute defense.

Compliance with this code shall not constitute a defense against any violation of any other ordinance of the Township of Saddle Brook 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.

§ 154-7 Responsibilities of owners, operators and occupants to be independent of each other.

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 such 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, by the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.

§ 154-8 Compliance with Building Code.

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 Building Code of the Township of Saddle Brook.[1]

[1]

Editor's Note: See Ch. 82, Construction Codes, Uniform.

§ 154-9 Effect on zoning provisions.

Nothing contained in the code or any requirement of this code or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the Zoning Ordinance or zoning laws of the Township of Saddle Brook.[1]

[1]

Editor's Note: See Ch. 206, Zoning.

§ 154-10 Existing remedies.

Nothing in this code shall be deemed to abolish or impair existing remedies of the Township of Saddle Brook or its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or insanitary.

§ 154-11 Responsibilities of owners, operators and occupants.

In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner, operator or occupant of the premises to comply with any or all of the requirements and standards of this chapter; to keep the premises free of conditions which constitute violation hereof; and to promptly remove, prevent or abate such conditions.

§ 154-12 Maintenance standards.

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, hot-water 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 to have been junked, abandoned or dismantled.

Without limitation by the foregoing, it shall also be the duty and responsibility of owners, occupants or operators to keep all exposed surfaces susceptible to decay at all times painted or otherwise provided with a protective coating sufficient to prevent deterioration and 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 chapter as hereinabove set forth in § 154-2.

Fences; when applicable.

[Added 5-13-1999 by Ord. No. 1181]

(1)

Any person or entity owning, possessing, housing, maintaining or permitting the possession, housing or maintenance of a dumpster, commercial garbage container or similar volume trash receptacle within the Township of Saddle Brook shall be responsible for maintaining an appropriate fence completely surrounding same. Every dumpster, commercial garbage container or similar volume trash receptacle shall be fenced in and completely surrounded by a fence of substantial construction and of not less than six feet in height or of such height as necessary to completely obscure the dumpster, commercial garbage container or receptacle from view, whichever is higher. Every fence shall be so constructed as not to have any openings, holes or gaps except for doors and gates. Every gate or door opening shall be equipped with a self-closing and self-latching device capable of keeping such gates and doors securely closed. Every fence shall be designed and constructed as to reasonably prevent any person from gaining access beneath, through or over the same. Every gate of such fence shall be kept securely closed at all times when the dumpster, commercial garbage container or similar volume trash receptacle does not need to be accessed.

(2)

This provision shall have immediate application for all persons or entities taking up residence or occupancy or commencing the conduct of business within the Township of Saddle Brook on or after April 8, 1999. For all residents, entities or businesses residing or having occupancy or having commenced the conduct of business within the Township of Saddle Brook prior to April 8, 1999, this provision shall not become effective until January 1, 2000.

§ 154-13 Enforcement officer.

[Amended 7-13-2000 by Ord. No. 1209]

This chapter shall be enforced by the Property Maintenance Officer, and such officer shall, in pursuance of his or her duties herein, be deemed, for purposes of this chapter, the enforcement officer.

§ 154-14 Enforcement procedure.

Whenever the enforcement officer determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violation to the person, 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 Township, 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 Township of Saddle Brook. 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 enforcement officer may, at the time he issues the notice, extend the period for correction of 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 enforcement officer shall state such reasonably required extended period in the notice, not to exceed 30 days, 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 person responsible for the abatement, removal, prevention, cessation or cure of the condition referred to in the notice sent by the Property Maintenance Officer has not been corrected within 10 days after receipt of the same, then the Property Maintenance Officer shall be and is hereby authorized and directed to correct or cause to be corrected the condition cited in the notice. In such case the Property Maintenance Officer shall certify the costs of such correction to the Township Council, who shall examine such certificate and, if it finds the same correct, shall cause the cost as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon said land and premises and shall be added to, form and become part of the taxes next to be assessed and levied upon said land and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.

[Added 11-14-1991 by Ord. No. 1039; amended 7-13-2000 by Ord. No. 1209]

§ 154-15 Emergency conditions.

Whenever the enforcement officer 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 § 154-14 reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonable 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 enforcement officer any such person shall be afforded a hearing before the Township Council of the Township of Saddle Brook as soon as is reasonably possible. After such a hearing and decision by the Township Council as to the existence or nonexistence of the emergency condition, the Township Council 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.

§ 154-16 Violations and penalties.

Any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, after a summons is issued under the terms hereof, upon conviction, be punished as follows:

For a first offense, by a fine not to exceed $50.

For a second offense, by a fine not to exceed $200.

For a third offense or any subsequent offenses 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. Each violation of any of the provisions of this chapter, and each day that each such violations shall continue shall be deemed to be a separate and distinct offense.

§ 154-17 Conflicting provisions.

In any case where a provision of this code is found to be in conflict with or inconsistent with a provision of any other ordinance or code of this municipality which establishes a lower standard for the promotion and protection of the safety, health and welfare of the people, the provisions of this code shall prevail, and such other ordinances or codes or parts thereof are hereby declared to be repealed to the extent that they may be so found to be in conflict with this code.

§ 154-18 Applicability.

This code shall not apply to the placement of refuse, rubbish or trash for collection by the Township of Saddle Brook pursuant to Ordinance No. 677 of the Township of Saddle Brook as heretofore or hereafter amended or supplemented.[1]

[1]

Editor's Note: See Ch. 100, Garbage Collection.

§ 154-19 Removal of dangerous trees.

The owner of any tree growing on private property which shall be deemed by the enforcement officer to constitute a danger to public health or property shall, upon 10 days' written notice, directed to said owner at said owner's last known mailing address cause said tree to be removed or properly pruned or cut back as directed by said enforcement officer. In the event the owner of said tree shall fail to comply with the notice and the instructions therein, said enforcement officers shall be authorized under this Article to effect the removal or pruning of said tree, and the cost for said removal or pruning shall be charged against the property involved and shall be collected by the Township of Saddle Brook in the same manner as taxes assessed against said property. This provision shall be in addition to all other penalties herein set forth for the violation of the provisions of this chapter.

§ 154-20 Word usage.

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.

§ 154-21 Carbon monoxide detectors for residential buildings.

[Added 9-10-1998 by Ord. No. 1167; amended 12-29-1998 by Ord. No. 1173]

All dwelling units, townhouses or any other residential buildings or structures shall be required to maintain at least one carbon monoxide detector device in each dwelling unit thereof. Every carbon monoxide detector shall be operated from an electric 110v A/C source or battery or other alternative power source. All such carbon monoxide detectors shall be inspected for and required in conjunction with any application for a new certificate of occupancy as set forth in § 206-84F of the Saddle Brook Code.

§ 154-22 Carbon monoxide detectors for nursery schools, day-care centers and nursing homes.

[Added 3-12-2015 by Ord. No. 1588-15]

Purpose. The Township of Saddle Brook has increased concerns over carbon monoxide (CO) hazards. The purpose of this section is to insure protection of individuals outside of residential environments.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT DAY-CARE CENTER

A facility for the supervised care of older adults, providing activities such as meals and socialization one or more days a week during specified daytime hours. The participants, primarily persons with physical and/or mental limitations who need socialization, physical assistance, and/or psychologic assistance, return to their homes each evening. The program is often used as respite by family members caring for an older person who cannot be left alone safely in the home.

CARBON MONOXIDE DETECTOR (CO DETECTOR)

Device that detects the presence of the carbon monoxide (CO) gas in order to prevent carbon monoxide poisoning.

DAY-CARE CENTER

An establishment caring for children by a person(s) other than their legal guardians. Day care is typically an ongoing service during specific periods, such as the parents' time at work. Services may include but are not limited to education, child development, discipline and preschool education.

NURSERY SCHOOL or PRESCHOOL

Educational establishment offering early childhood education to children between the ages of three and five. "Nursery school" shall include privately operated or government-run centers, and the costs may be subsidized.

NURSING HOME

A privately operated establishment providing maintenance and personal or nursing care for persons (such as the aged or the chronically ill) who are unable to care for themselves properly.

Required locations. In every structure housing a licensed nursery school, day-care facility, adult day-care center, or nursing home, a carbon monoxide detector shall be installed and maintained at the following locations.

(1)

Within 10 feet of any area used for sleeping or napping.

(2)

One detector shall be located for each 1,000 square feet of sleeping or napping area.

(3)

Detectors must be located as designated by the Fire Official.

Specifications and maintenance.

(1)

The device shall be manufactured, listed and labeled in accordance with UL 2034 and installed in accordance with NFPA 720.

(2)

Detectors shall be battery-operated or wall plug-in with battery back-up. When carbon monoxide detection is part of an automated fire alarm system, the provisions of this section are satisfied.

(3)

Detectors shall be replaced per manufacturer's recommendation.

(4)

Detector batteries shall be changed every six months or earlier as needed. A log must be kept of the battery replacement for each detector. The log shall contain the location of the detector, date of replacement and signature of person replacing battery. The log shall be available upon request of the Fire Official or Building Inspector.

Installation, enforcement and penalties.

(1)

It shall be the duty of the Fire Official or a designated representative to enforce the provisions of this section.

(2)

The Fire Official shall perform an initial placement survey within 60 days of the adoption of this section and notify in writing all licensed nursery schools, day-care centers, adult day-care center facility and nursing home of the need to install and maintain carbon monoxide detectors. The licensed nursery school or day-care center must install the required carbon monoxide detector(s) upon 30 days' notice from the Fire Official.

(3)

Each CO detector shall be tested and the replacement logs reviewed during regular fire code inspections.

(4)

Failure to comply with any provision of this Section shall be subject to the fines and penalties pursuant to the Uniform Fire Code Section 901.4.1, Fire Protection Systems, and/or $150 per day until satisfied.

Precedence. If county or state governments subsequently adopt requirements for carbon monoxide detection that contradict this section, then the rules of the highest jurisdiction shall govern.

Limitation of liability. This shall not be construed to hold the Township of Saddle Brook, its officers or employees responsible for any injury to persons or damage to property by reason of the inspection or reinspection authorized herein, or failure to inspect or reinspect as herein provided or by reason of the approval or disapproval of any fire alarm system or carbon monoxide detector authorized herein.

§ 154-23 Removal of snow and ice around fire hydrants.

[Added 4-2-2015 by Ord. No. 1591-15]

The owner(s) of any real property in the Township upon which any fire hydrant is located shall maintain the area within a five-foot radius of the perimeter of any such fire hydrant free of snow and ice so that there is no impediment to the use of the fire hydrant. The removal of snow and/or ice shall be completed within 24 hours of daylight after the snow has formed or fallen on or around any hydrant.

Failure to comply. Failure of the owner(s) noted in § 154-23 above to remove the snow and/or ice within the time frame specified therein may result in the Township removing the snow and/or ice at the expense of the owner.

Enforcement. This section shall be enforced by the Department of Public Works and/or the Police Department.

Violations and penalties. Any person found to be in violation of this section shall be subject to a fine, upon communication, of an amount not to exceed $500 per occurrence.