[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 10-16-1990 by Ord. No. 880.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Certificates of continued occupancy — See Ch. 85.
Uniform construction codes — See Ch. 95.
Fees — See Ch. 115.
Fire prevention — See Ch. 121.
Public and private property — See Ch. 195.
Snow and ice removal — See Ch. 224.
Streets and sidewalks — See Ch. 235.
Land development — See Ch. 240.
Abandoned vehicles — See Ch. 275.
Yard and autumn leaf waste— See Ch. 290.
Sanitation — See Ch. 310.
[1]
Editor's Note: This ordinance also repealed
former Ch. 190, Property Maintenance, adopted 7-14-1984 by Ord. No.
757, as amended.
This chapter shall be known as the "Real Property
Maintenance Code of the Borough of Oradell" and may be referred to
in this chapter as the "Property Maintenance Code" or as "this code."
The purpose of this code is to:
A.
Provide for the public health, safety and welfare.
B.
Avoid, prevent and eliminate hazards to the public
health or safety.
C.
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.
Preserve property value in the Borough.
E.
Prevent the physical deterioration or progressive
downgrading of the quality of housing facilities in the Borough.
F.
Maintain the value and economic well-being of the
commercial properties and businesses that serve and help to support
the Borough and its citizens.
G.
Prevent and eliminate physical conditions in or on
property which constitute nuisances and are thereby potentially dangerous
or hazardous to the life, health and safety of persons on or near
the premises on which such conditions exist.
H.
Establish minimum standards governing the maintenance
and condition of the land, buildings, structures and premises in the
Borough of Oradell.
I.
Fix responsibilities and duties upon owners, lessees,
operators and occupants of property.
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:
Any unsightly or unkempt condition or appearance of a premises
that adversely affects the property value or aesthetic quality of
the surrounding neighborhood.
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 under the control of the owner or operator of
such premises.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
Any public nuisance as defined by statute, ordinance
or administrative regulation.
Any attractive nuisance which may prove detrimental
to the health or safety of children. This includes but is not limited
to abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris, garbage, refuse, rubbish
or vegetation, such as poison ivy, poison oak or poison sumac, which
may prove hazardous for inquisitive minors.
Physical conditions potentially dangerous to
human life or detrimental to the health of persons on or near the
premises, including sidewalks, where the conditions exist.
Any person residing or living on the premises or having actual
possession, use or occupancy of a dwelling premises or rooming unit,
or any person or entity in 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; or who
shall have charge, care or control of any lot, premises, building,
structure or part thereof, as 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 with 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 building(s) or structure(s) thereon.
All putrescible and nonputrescible solid waste (except body
wastes) including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes. (See also "garbage" and "rubbish.")
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials. (See also "garbage" and "refuse.")
A.
Compliance with regulations required. Every residential
and nonresidential building, structure, lot and the premises or part
of the premises on which it is situated in the Borough of Oradell
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, including Borough-owned property,
are also required to comply with the provisions of this chapter.
B.
Conflict with other laws or ordinances. In any case
where the provisions of this code impose a higher or stricter standard
than that set forth in any other ordinance or regulation of the Borough
of Oradell or under the laws or regulations of the State of New Jersey
or 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 Oradell 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.
C.
Compliance with other ordinances. Compliance with
this code shall not constitute a defense against any violation of
any other ordinance of the Borough of Oradell 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.
D.
Owners, operators and occupants to comply independently.
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 a 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 thereof.
E.
Application of 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 New
Jersey Uniform Construction Code.
G.
Existing remedies. Nothing in this code shall be deemed
to abolish or impair any existing statutory or common law 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.
In furtherance of the purposes of this code,
it shall be the duty and responsibility of the owner, operator or
occupant of the premises to comply with any or all the requirements
and standards of this code, to keep the premises free of conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions.
A.
All premises must be maintained free of all nuisances.
It shall also be the duty of the owner, operator or occupant to keep
the premises free of refuse, natural growth, overhangings, ground
surface hazards or unsanitary conditions.
B.
Landscaping.
[Amended 9-25-2007 by Ord. No. 07-22]
(1)
Premises with landscaping and lawns, grasslike weeds, or similar growth, which shall be allowed to grow in excess of five inches in height, shall be considered substandard, unsightly, and a potential harbor for vermin and insects. Premises having untrimmed, overgrown or unsightly hedges and bushes shall be kept trimmed and kept from becoming overgrown and unsightly, so as to constitute a blighting influence, depreciating adjoining property. In the event that the property owner, occupant or operator shall fail to bring the premises into compliance with this subsection within 10 days of receipt of written notice from the Enforcement Officer, or if the Enforcement Officer determines that an emergency condition exists, the Borough of Oradell is authorized to go upon said property and abate said violation and charge the owner of the property with the costs thereof, and assess the property owner for the same pursuant to the provisions of § 190-12.
(2)
When a subsequent violation occurs within a season
of the same offense from the same property owner, occupant or operator,
then they shall be deemed to still have been given notice for the
first violation, which shall extend to all violations of the same
nature and consecutive summons may be issued.
C.
Storage of commercial and industrial material. There
shall not be stored or used at a location visible from the sidewalk,
street or other public areas equipment and materials relating to commercial
or industrial use unless permitted under the Zoning Ordinance[1] for the premises.
D.
The exterior of all premises shall be kept free of
broken glass or windows, rotted, missing or substantially destroyed
window frames and sashes, door frames, exterior doors or other major
exterior components of buildings or structures.
E.
All vacant structures, whether residential or nonresidential,
shall be properly maintained and thoroughly secured so as to prevent
unauthorized access and vandalism. When doors and windows are boarded
over for this purpose, the construction and placement of the boards
shall be done in a neat and workmanlike manner so as not to constitute
a blighting influence on adjoining and neighboring properties and
the community at large.
F.
No person shall park, stop or stand any motor vehicle
except on streets, driveways and parking areas constructed and installed
in compliance with applicable Borough ordinances, except as permitted
under § 240-6.9 of this Code.
G.
Any awning or marquee and its accompanying structural
members which extend over any street, sidewalk or other portion of
the premises shall be maintained in good repair and shall not constitute
a safety hazard or blighting influence. In the event that such awnings
or marquees are not properly maintained in accordance with the foregoing,
they shall, together with their supporting members, be removed forthwith.
In the event that said awnings or marquees are made of cloth, plastic
or similar materials, the cloth or plastic, where exposed to public
view, shall be maintained in good condition and shall not show evidence
of excessive weathering, ripping, tearing or other holes. Nothing
herein shall be construed to authorize any encroachment on streets,
sidewalks or other parts of the public domain.
H.
All brush, hedges, and other plant life growing within
10 feet of any roadway and within 25 feet of the intersection of two
roadways shall be cut to a height of not more than 2 1/2 feet.
In the event that the enforcement officer determines that it is necessary
and expedient for the preservation of the public health, safety or
welfare, he shall issue a notice to the property owner, occupant or
operator to bring such property into compliance with the provisions
of this chapter. In the event that the property owner, occupant or
operator shall fail to comply within 10 days, the enforcement officer
may take such action as may be reasonably required to bring such property
into compliance with the provisions of this chapter, and the Borough
shall be entitled to assert a lien upon the property for the costs
of the same.
[Amended 11-18-1991 by Ord. No. 947; 9-21-1999 by Ord. No.
1097]
I.
Waste materials shall be stored in receptacles in
order to prevent them from being transferred off the lot, directly
or indirectly, by natural forces, such as precipitation, surface water,
evaporation or wind. Waste receptacles shall be provided for the exclusive
use of each building located in the Borough and shall be of sufficient
size and number to contain the waste accumulated in such building
during a period of 72 hours. The receptacles shall be made of metal
or plastic and constructed so as to hold their contents without leakage.
They shall be provided with tight-fitting lids and shall be covered
at all times except when being filled and emptied. All materials which
might create a safety and health hazard shall be stored indoors and/or
be enclosed in appropriate containers to eliminate such hazard. No
flammable or explosive substance shall be stored on a premises except
under conditions approved by the Fire Department. Except for one-
and two-family dwellings, waste receptacles shall be enclosed with
an approved safety fence or other screening method as shall be reasonably
required to prevent their being visible from surrounding properties
or by the public in general.
J.
Time and location of placement of materials for pickup.
[Amended 2-26-2019 by Ord. No. 19-07]
(1)
No
garbage, refuse, rubbish, recyclables, yard waste, containers or receptacles
for the aforesaid or any articles or materials for removal by a waste
collector shall be placed or permitted to remain forward of the building
line of any premises or at the curb in the Borough for collection,
except between 5:00 p.m. of the day preceding the collection day and
7:00 p.m. of the collection day.
(2)
All
such materials for removal by a waste collector shall be placed at
the curb within the building lines of the premises from which such
materials originated in a manner that does not block access to fire
hydrants. [The purpose of this restriction is to avoid homeowners
from placing garbage from their home in front of a neighbor’s
home.]
K.
Maintenance of the street between the property line
and curb. Every owner, occupant or person having charge or control
of property on any street in the Borough shall maintain and be responsible
for the proper upkeep of that part of the street or public right-of-way
located between the property line and the curb or street which abuts
the property, including corner areas adjacent to corner lots, whether
within the property or not. Maintenance shall include landscape ground
cover, construction of and/or repair of hazardous sidewalk, removal
of debris and litter. The aforementioned area shall not be paved by
the owner, occupant or person having charge or control unless specifically
authorized by the enforcement official in writing.
[Added 7-26-2005 by Ord. No. 05-17]
[Amended 9-26-2006 by Ord. No. 06-22; 11-27-2007 by Ord. No.
07-25]
The Construction Official of the Borough is
hereby designated as the officer charged with the enforcement of this
code and is hereafter referred to as the "enforcement officer." All
members of the Police Department, the Superintendent of the Department
of Public Works, and authorized inspectors of the Building Department
and the Board of Health of the Borough are hereby designated as assistant
enforcement officers for the purposes of the enforcement of this code.
The members of the Fire Department shall also be assistant enforcement
officers to the extent of their expertise in the area of fire prevention.
A.
Whenever the enforcement officer determines that there
is or has been a violation of any provision of this code, he shall
give notice of such violation to the person or persons or entities
responsible therefor under this code. Such notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
B.
Such notice shall be deemed to be properly and sufficiently
served if a copy thereof is sent by registered mail or certified mail
or regular mail or personal notice on an approved municipal document
by the enforcement officer, 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 if a copy thereof is left at the
usual place of abode or business of said person or entity. Notice
shall be given as aforesaid within or without the municipality.
[Amended 5-28-2019 by Ord. No. 19-13]
C.
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 be issued for such violation. The enforcement officer
may, at the time he issues the notice, extend the period for compliance
if, in his judgment, the abatement, removal, prevention, mention or
cure of the condition violated cannot reasonably be effected within
the 10 days.
[Amended 5-28-2019 by Ord. No. 19-13]
D.
If the violation is not abated, removed, cured, prevented
or desisted from or otherwise fully remedied within the period of
compliance set forth in the notice, a summons shall then be issued
against the person, persons, entity or entities so notified.
[Amended 5-28-2019 by Ord. No. 19-13]
E.
(Reserved)
F.
The Borough shall, in its sole discretion, dispose
of or remove and store personal property necessary to abate any violations
of this chapter.
[Added 7-22-2008 by Ord. No. 08-11]
G.
In the event that the Borough removes and stores personal property, instead of disposing of same, in order to abate any violations of this chapter, the Borough will notify the real property owner that personal property is being stored. Such notice shall be served in accordance with § 190-8 of this chapter. The real property owner shall be granted a period of 45 days to collect the stored personal property. If any such personal property is not collected within 45 days, the real property owner shall lose any and all rights to the personal property and the Borough may, at its sole discretion, dispose of the stored personal property in any manner deemed appropriate. The real property owner shall be responsible for any and all fees and costs associated with the storage and/or disposal of such personal property.
[Added 7-22-2008 by Ord. No. 08-11]
[Amended 5-28-2019 by Ord. No. 19-13]
Whenever the enforcement officer finds that an emergency condition in violation of the code exists, which condition requires immediate attention in order to protect health or safety, he may issue an order by service of notice as set forth in § 190-8, entitled "Enforcement procedures," reciting the existence of such an emergency condition and requiring that such remedial action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this code, such order shall be effective immediately and any person to whom such an order is directed shall comply therewith.
If a hearing is requested pursuant to § 190-8 or 190-9 above, the same shall be commenced not later than 20 days after the filing of the request, provided that for good cause the Mayor and Council may postpone such hearing for a reasonable time by majority vote. The proceedings before the Mayor and Council, including the findings and decision of the Mayor and Council, shall be summarized, reduced to writing and entered as a matter of public record in the office of the enforcement officer.
Any person, firm or corporation found guilty
by the municipal court of violating any provision of this chapter
shall be fined not less than $25 nor more than $500 for each offense.
[Added 8-28-2007 by Ord. No. 07-13;
amended 9-25-2007 by Ord. No. 07-22]
In addition to any penalty that may be imposed
for failure to comply and adhere to any provision of this chapter,
the Borough of Oradell is hereby authorized to take such remedial
action as may be appropriate to bring any premises into conformity
with the provisions of this chapter and to assess the costs incurred
in connection with such remedial action against the owner and/or tenant
of such premises. In such event, the costs so incurred shall be certified
to the Borough Council by the officer in charge of the remedial action.
The Borough Council shall examine such certificate and, if the charges
are found to be correct, shall cause such cost to be charged against
the premises, and the amount so charged shall thereupon become a lien
or tax upon such real estate and shall be added to and be a part of
the taxes next to be levied and assessed thereon. Such charge shall
be enforced and collected with interest by the Collector of Taxes
of the Borough of Oradell in the same manner as other taxes are collected.
