[Adopted 6-23-2008 by Ord. No. 2054[1]]
[1]
Editor's Note: This ordinance also repealed former Part 13, Property Maintenance, adopted 6-9-2003 by Ord. No. 1822.
This Part 13 shall be known as the "Property Maintenance Code of the Borough of Ridgefield" and may be referred to in this Part 13 in the short form as "this code."
It is hereby found and declared that there exist in the Borough buildings and premises used for residential and nonresidential purposes which are or may become substandard with respect to structural integrity, equipment or maintenance, and further, that such conditions, including but not limited to structural deterioration, lack of exterior maintenance, infestation, lack of minimal essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding, constitute a menace to health, safety, welfare and reasonable comfort of the citizens and inhabitants of the Borough. It is further found and declared that there are certain problems endemic to multiple dwellings, and certain greater protections are necessary.
The purpose of this code is to protect the public health, safety and welfare by establishing standards governing the maintenance, condition and occupancy of premises situated in the Borough used or intended to be used or designed to be used, in whole or in part, for residential and nonresidential purposes; to establish standards governing utilities, facilities and other physical components and conditions essential to make such premises fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities upon occupants; to prevent blighting conditions; to authorize and establish procedures for the inspection of such premises; to correct violations or to fix penalties for the violations of this code; to provide for the right of access across adjoining premises to permit repairs. This code is hereby declared to be remedial and essential for the public interest, and it is intended that this code be liberally construed to effectuate the purposes as stated herein.
A. 
Buildings affected by this code. Every building and the premises on which it is situated in the Borough used, intended to be used or designed to be used, in whole or in part, for residential and nonresidential purposes as limited herein shall comply with the provisions of this code, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises for the construction, alteration or repair of such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this code. This code establishes standards for the maintenance of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided in Subsection B hereof. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subjected to the applicable provisions of both this code and the building, zoning and other applicable ordinances of the Borough.
B. 
Higher standards to prevail in case of conflict with other ordinances or laws. In any case where the provisions of this code impose a higher standard than that set forth in any other ordinance of the Borough or law of the State of New Jersey applicable thereto, then the standards as set forth herein shall prevail, but if the provisions of this code impose a lesser standard than such other ordinance of the Borough or law of the state, then the higher standard contained in such other ordinance or law shall prevail.
C. 
Issuance and renewal of other permits and licenses. After the date of enactment hereof, all licenses, permits and certificates of occupancy relating to such buildings and premises which may be issued or renewed pursuant to any other ordinance of the Borough may be issued or renewed only upon compliance with this code as well as compliance with the ordinance under which such licenses and permits may be granted or renewed.
D. 
Enforcement and compliance with other ordinances. Compliance with this code shall not constitute a defense against the violation of any provision of any other ordinance of the Borough or law of New Jersey applicable to any building or premises.
A. 
Owners and operators. Owners and operators shall have all the duties and responsibilities as prescribed in this code and the regulations promulgated pursuant thereto, unless specifically set forth to the contrary, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B. 
Occupants. Occupants shall have all the duties and responsibilities as prescribed in this code and all the regulations promulgated in connection therewith, and the occupant shall not be relieved from any such duty or responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof. All parts of the premises under control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant, and the occupant shall refrain from performing any act which would render any part of the entire building and premises unclean, unsanitary, unsafe or which would prevent the owner or operator from performing any duty required hereunder.
C. 
Contract not to alter responsibilities. Unless expressly provided to the contrary in this code, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and their parties.
A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Ridgefield, being marked and designated as the International Property Maintenance Code as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Ridgefield, in the State of New Jersey; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part thereof, as if fully set out in this Part 13, with the additions, insertions, deletions and changes, if any, prescribed herein below:
The following sections of the Property Maintenance Code are hereby revised:
Section 101.1: Insert: Borough of Ridgefield.
Section 103.6: This section is deleted in its entirety.
Section 303.14: Insert: Insect Screens - May 1 to October 1 of each year.
Section 602.3: Insert: Heat Supply - October 1 of each year to next succeeding May 1.
Section 602.4. Insert: October 1 of each year to next succeeding May 1.
A. 
Public officer. The Borough Council shall designate the public officer, who shall serve for a term of one year, to exercise the powers prescribed by this code and by the laws of the state. The public officer may appoint or designate such other public officials or employees of the Borough or appropriate experts who have such background and training necessary to perform such of his functions and powers under this code as he deems necessary for its enforcement. The public officer may be the Construction Official.
B. 
Inspections. All nonresidential premises within the Borough covered by this code shall be subject to inspection from time to time by the public officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the public officer is hereby authorized to enter, with the express consent of the occupant, examine and survey at all reasonable times all such premises; provided, however, that entries are made in such a manner as to cause the least possible inconvenience to the persons in possession.
C. 
Search warrant. If the public officer is denied the right of inspection he may, upon affidavit establishing good cause, apply to the Municipal Court or such other court of competent jurisdiction for a search warrant to permit entry into the premises in question.
D. 
Notice and hearing where violation discovered.
(1) 
Where a violation of this code is found to exist upon investigation by the public officer, a written notice from the public officer shall be served on the person or persons responsible for the correction thereof.
(2) 
The notice shall specify the violation or violations committed, what must be done to correct or abate same, a reasonable period of time not to exceed 30 days to make such corrections, the right of the person served to request a hearing and that the notice shall become an order of the public officer 10 days after the service unless a hearing is requested pursuant to this section. The thirty-day time limit set forth herein shall not be effective where specific time limits are set forth in other sections of this code.
(3) 
Notice may be served personally on an owner, operator, occupant or agent for the owner or operator. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place upon the premises where the owner or lessor cannot otherwise be served. Where the notice is directed to an occupant, service may also be made by posting same on the door or entrance to the area he occupies.
(4) 
Ten days from the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail on the public officer. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The public officer, upon receipt of the request, shall, within 30 days therefrom and upon five days' notice to the party aggrieved, set the matter down for hearing.
(5) 
Hearing.
(a) 
At any hearing required hereunder the Municipal Court of Ridgefield shall conduct and decide issues presented to it. Said hearing shall be conducted by the Judge of the Municipal Court of Ridgefield.
(b) 
The Municipal Court Judge shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of a subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by it and to enforce any such subpoena or secure any other for the enforcement of any such subpoena as provided by law. A determination shall be made within 10 days from the completion of the hearing. The Judge of the Municipal Court shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
(6) 
The Judge of the Municipal Court, where necessary, may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
(7) 
Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the public officer may either abate the violation or condition immediately or order the owner, operator or occupant to abate the violation or condition within a period of time not to exceed three days, and upon failure to do so, the public officer shall abate the condition immediately thereafter.
(8) 
Where abatement of any nuisance, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to comply with the requirements of any municipal ordinances or state law applicable thereto requires expending Borough moneys therefor, the public officer shall present a report of the work proposed to be done to accomplish the foregoing, or in the event of an immediate threat to life and limb as set forth in Subsection D(7) of this section, the work to be done shall be presented to the Mayor and Council with the cost, or an estimate of the cost thereof, as the case may be, along with a summary of the proceedings undertaken by the public officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearings and order of the Municipal Court Judge with reference thereto. The Mayor and Council may thereupon by resolution authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the Borough and laws of the state. The public officer may thereafter proceed to have the work performed in accordance with said resolution at Borough expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of moneys expended and costs to the Mayor and Council. After review of the same, the Mayor and Council may approve said expenses and cost, and they shall become a lien against said premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced in the same manner as are taxes. A copy of the resolution approving said expenses and cost shall be certified by the Mayor and Council and filed with the Tax Collector, and a copy of this report and resolution shall be sent by certified mail to the owner.
A. 
Public officer may act as custodian. In addition to other remedies provided herein where the public officer has issued an order requiring the abatement of the nuisance, correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to the ordinances of the Borough and laws of the state applicable thereto, and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the public officer may, for the purposes of correcting any of the foregoing conditions, act as custodian of any building or structure and may, as custodian, enter into and take care of the premises and supervise the abatement of any nuisance, correction or defect or placing of the premises in compliance with municipal ordinances and state laws. For the performance of the duties of custodian, the Borough shall receive for the services from the owner, operator and lessor of the premises compensation approved by the Mayor and Council not exceeding $5 a day per dwelling unit or $30 a week per dwelling unit in the premises, whichever is less, as costs and expenses, the same to be certified and collected as provided § 390-246.6D hereof.
B. 
Appointment of receiver. Where the owner, operator or lessor of the building violates this code or any other municipal ordinance pertaining to said structure or fails to abate any violation of this code, or violates an order of the public officer with respect thereto, the Borough Attorney, upon resolution duly approved by the Mayor and Council, shall commence action in the Superior Court seeking appointment of the public officer as receiver ex officio of the rents and income from said property. Said rents and income shall be collected by the receiver and shall be expended and allocated to secure compliance with the ordinances of the Borough and laws of the state, as set forth in the order of the public officer; and be utilized to defray such costs and expenses of the receivership as may be adjudged by the Superior Court; and be applied towards payment to the Borough of any fines or penalties with costs which may have been imposed on the owner, operator or lessor for violation of the ordinances of the Borough and which have remained unpaid.
C. 
Additional powers. Notwithstanding the provisions of § 390-246.6D hereof, the public officer may, at his election, prosecute violations of any section of this code involving public health or safety by filing a complaint with the Municipal Court of the Borough.
A. 
Who may apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this code without having right of access to the building or premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused the owner, operator or occupant, or where the owner or person responsible for granting permission cannot be found or located, then upon filing an affidavit setting forth the facts with the public officer, the public officer shall serve a five-day written notice of hearing in accordance with the provisions for service contained in this code upon the owner, operator or occupant of any adjoining premises affected by the application.
B. 
Hearing. On the day fixed for hearing, the public officer shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access shall not be granted across such adjoining properties.
C. 
Issuance; bonds. If the public officer determines that access is necessary to accomplish or complete repairs or improvements necessary for compliance with this code, then the public officer shall issue a certificate of necessity setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect the adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the public officer deems proper, that a bond be procured at the expense, if any, of the person seeking access to secure the adjoining property against damage to persons or property arising out of such rights of access. The bond shall not exceed in amount $25,000, and the amount set shall take into consideration the extent, nature and duration of the repairs, the proximity of the improvement on the premises affected and the potential risk of damage thereto. The bond shall be filed with the public officer.
D. 
Procedure where access refused. Any refusal to comply with this section or any interference with access to premises pursuant to a certificate issued hereunder shall be a violation of this code and, in addition to the penalties provided hereunder, the public officer may, upon affidavit, apply to the Municipal Court Judge for a warrant under the procedure set forth in the application section of this code authorizing access to the premises under appropriate conditions and circumstances as provided above.
Any person who shall violate any of the provisions of this code shall, upon conviction, be punished by a fine not to exceed $1,000, plus any cost to the Borough for enforcement of this chapter, or by imprisonment in the county jail for a period not to exceed 90 days, or both such fine and imprisonment. Each violation of any of the provisions of this code and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
Any and all other ordinances inconsistent with, or not conforming to, the provisions of this Part 13 be and hereby are repealed to the extent of such nonconformity or inconsistency.
Nothing in this Part 13 or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 390-248 of this Part 13; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part 13.