[Adopted 7-27-1982 as Sec. 11-7
of the 1981 Revised General Ordinances]
This article shall be known as "The Property
Maintenance Code of the Borough of Fair Lawn" and may be referred
to in this section as "The Property Maintenance Code" or as "this
code."
Pursuant to the authority granted by N.J.S.A.
40:48-2, the purposes of this code are hereby stated to be:
A.
To provide for the public health, safety and welfare.
B.
To avoid, prevent and eliminate the maintenance or
creation of hazards to the public health or safety.
C.
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.
D.
To prevent the creation, continuation, extension or
aggravation of blight.
E.
To preserve property values in the borough.
F.
To prevent the physical deterioration or progressive
downgrading of the quality of housing facilities in the borough.
G.
To maintain the value and economic health of the commercial
properties and businesses that serve and help to support the borough
and its citizens.
H.
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.
I.
To establish minimum standards governing the maintenance
and condition of land, buildings, structures and premises in the borough.
J.
To fix responsibilities and duties thereof upon owners,
lessees, operators and occupants of property.
K.
To provide for administration and enforcement.
L.
To fix penalties for the violation of this code.
As used in this article, the following terms
shall have the meanings indicated:
That portion of the Borough right-of-way located between
any street curb and sidewalk.
[Added 5-27-2008 by Ord.
No. 2118-2008]
Days shall be considered calendar days in all cases. Days
will be counted from the date of the notice.
[Added 10-28-2014 by Ord.
No. 2323-2014]
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 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 borough.
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.
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.
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 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 article 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 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.
Every residential and nonresidential building,
structure, lot and the premises or part of the premises on which it
is situated in the Borough of Fair Lawn, 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 used 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 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 provisions of this article.
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 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 borough or of the laws and regulations of the State of New
Jersey, or any of its agencies, than 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
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.
A.
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, the fact that another owner, operator or occupant or any other
third person or entity is also responsible therefor and in violation
thereof.
B.
All owners, operators or occupants as defined in this
code who lease or sublease premises as defined in this code shall,
prior thereto, file with the Municipal Clerk their full name, address,
telephone number and email address if one is available. “Address”
as defined herein shall mean a street address. A post office box
or other nonspecific designation shall not be acceptable.
[Added 9-28-2004 by Ord. No. 1990-2004]
C.
It shall further be the responsibility of any owner,
operator or occupant of premises to file with the Municipal Clerk
any change of address, as defined herein, and telephone number upon
any change thereof, within 14 days of the change.
[Added 9-28-2004 by Ord. No. 1990-2004]
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 borough.
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 borough.
Nothing in this code shall be deemed to abolish
or impair existing remedies of the borough 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.
In furtherance of the purposes of this article,
it shall be the duty and responsibility of the owner, operator or
occupant of premises to comply with any or all of the requirements
and standards of this article; to keep the premises free of conditions
which constitute violations hereof; and to promptly remove, prevent
or abate such conditions.
A.
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 water or groundwater 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.
B.
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 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 article, as hereinabove set forth in § 170-2.
C.
In addition, it shall also be the duty and responsibility of owners, occupants or operators to keep all exposed surfaces which have been painted or provided with a protective coating from flaking or badly fading. For the purpose of this article, "badly fading" means a surface which has been painted or provided with a protective coating which has deteriorated to such an extent that a reasonably prudent person shall deem the surface in need of repainting or recoating, taking into consideration not only the physical condition of the surface but also the aesthetics of the surface in the relationship to the building or structure as a whole and in consideration of maintaining value to the property and to maintain the other purposes as set forth in § 170-2.
[Added 7-24-1984 by Ord. No. 1307-84]
[Added 11-24-1992 by Ord. No. 1517-92; amended 3-24-1998 by Ord. No. 1718-98; 5-27-2008 by Ord. No. 2118-2008]
A.
No person shall unnecessarily obstruct any sidewalk
or public place with any kind of vehicle or vehicles, or with any
kind of box or boxes, lumber, wood or other thing. "Other thing,"
as set forth herein, shall include but not be limited to hedges, bushes
or other natural or artificial objects that protrude over sidewalks
or public areas. The provisions of this article shall not prevent
persons who are building from occupying such portion of the sidewalk
or public place designated in a permit therefor which has been obtained
from the Code Enforcement Officer, provided that said occupancy shall
expire on expiration of the permit.
B.
Additionally, no person shall obstruct any sidewalk
or public place by means of any excavation, building materials, stands,
produce, structures, refuse, waste materials or any other object.
This shall not apply to public utility companies installing or changing
poles nor to the placement of receptacles for waste or recycling,
provided that the same is placed for pickup at the appropriate time
and designated area as set forth within the Code of the Borough of
Fair Lawn.
C.
No person shall place a permanent, temporary or portable
basketball hoop or similar equipment in the roadway.
[Amended 12-13-2022 by Ord. No. 2642-2022]
D.
No person
shall place a permanent, temporary or portable basketball hoop or
similar equipment that will obstruct or partially obstruct the sidewalk.
[Amended 12-13-2022 by Ord. No. 2642-2022]
E.
No unauthorized
person shall paint, mark, or tape on a public roadway. Chalk markings
are specifically excluded.
[Amended 12-13-2022 by Ord. No. 2642-2022]
[Added 11-24-1992 by Ord. No. 1517-92]
Chapter 230 is incorporated herein in its entirety and shall be concurrently enforced by the Code Enforcement Officer.
[Added 11-24-1992 by Ord. No. 1517-92]
[Added 11-24-1992 by Ord. No. 1517-92]
Section 125-39 is incorporated herein in its entirety and shall be concurrently enforced by the Code Enforcement Officer.
[Added 11-24-1992 by Ord. No. 1517-92]
All driveways shall be maintained by owners, occupants, or operators of premises in good general repair to such an extent as to prevent and avoid conditions that violate the purposes of this article as hereinabove set forth in § 170-2. For the purposes of this article, "driveway" shall include but not be limited to those areas of the premises which are utilized for the parking or utilization of motor vehicles for ingress or egress and which may be comprised of concrete, macadam, stones, dirt or such other substance as may exist on the particular premise.
[Amended 12-14-1982 by Ord. No. 1277-82]
A.
This article shall be enforceable by either or both
the Health Officer and by the Code Enforcement Officer, both of whom
are and shall be authorized to delegate enforcement of this article
to either the Assistant Code Enforcement Officer/Property Maintenance
Officer or the Borough Sanitarian, or both, as required.
B.
All actions taken heretofore by the Assistant Code
Enforcement Officer/Property Maintenance Officer in enforcement of
this article, the Property Maintenance Code, are hereby ratified and
confirmed.
[Amended 12-14-1982 by Ord. No. 1277-82]
A.
Whenever the enforcement officer determines that there
is or has to be a violation of any provision of this article, he/she
shall give notice of such violation to the person, persons or entities
responsible therefor under this article. 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 Borough of Fair Lawn;
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 borough.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within three 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/she issues the notice, extend the period for the violation
stated in the notice for a period in excess of the aforesaid three
days if, in his/her judgment, the abatement, removal, prevention,
cessation of or cure of the condition violated cannot reasonably be
effected within the three-day period; and in such cases the enforcement
officer shall state such reasonably required extended period in the
notice, which shall then be applicable instead of the aforesaid three
days. In the event the violation is not abated, removed, cured, prevented
or desisted from or otherwise fully remedied within said three-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.
B.
All notices required pursuant to this article shall
be served within any twelve-month period and this notice shall remain
valid for the ensuing twelve-month period as notice for any subsequent
violations.
[Added 7-24-1984 by Ord. No. 1307-84]
C.
In the event that conditions require immediate action, posting said
notice on the property will serve as the only legal notice required
to proceed.
[Added 10-28-2014 by Ord.
No. 2323-2014]
D.
If after the time set forth in said notice the owner of such property
does not comply, the Construction Official or his designee may notify
the Borough Manager to request that the Borough perform necessary
maintenance so as to protect public health, safety and welfare. The
Construction Official or his designee shall provide the Borough Manager
with a written description of the necessary maintenance.
[Added 10-28-2014 by Ord.
No. 2323-2014]
E.
The Borough Manager may, after the request has been made by the Construction
Official or his designee or any person directed by the Borough Manager,
arrange to perform such maintenance, charging the actual costs of
same, plus 25%, to the property owner. This cost shall become a lien
on the property and shall be filed by the Borough with the appropriate
recording or municipal officer to reflect the nature and amount of
the lien.
[Added 10-28-2014 by Ord.
No. 2323-2014]
[Amended 10-28-2014 by Ord. No. 2323-2014]
A.
Whenever the enforcement officer finds that an emergency condition in violation of this article 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 § 170-19, 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.
Notice to the property owner may be made by sending a letter by certified
mail, return receipt requested, and regular mail to the property owner's
last known address, by posting said notice on the property or by sending
such notice to such other known individuals or entities or agents
of the property owner or who have an interest in the property. In
the event that the property is in foreclosure, notice may also be
sent to the mortgagee in the manner set forth herein.
C.
In the event that conditions require immediate action, posting notice
on the property will serve as the only legal notice required to proceed.
[Added 11-24-1992 by Ord. No. 1517-92; amended 11-12-2008 by Ord. No. 2132-2008; 10-28-2014 by Ord. No. 2323-2014]
A.
Whenever the enforcement officer finds that a condition in violation of this article exists, he may issue an order by service of notice as set forth in § 170-19, reciting the existence of such condition and requiring that such action be taken by the violator within a reasonable time set forth in said notice. Notwithstanding any other provision of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith within the time frame set forth.
B.
Notice to the property owner may be made by sending a letter by certified
mail, return receipt requested, and regular mail to the property owner's
last known address, by posting said notice on the property or by sending
such notice to such other known individuals or entities or agents
of the property owner or who have an interest in the property. In
the event that the property is in foreclosure, notice may also be
sent to the mortgagee in the manner set forth herein.
C.
Clearing of litter, brush, debris and snow; notice to remove. Such
notice shall contain a description of the property affected sufficiently
definite in terms to identify it, and a notice that unless the property
is brought into compliance with the ordinances within a reasonable
time set forth in said notice after service of notice the Borough
will proceed to maintain the property, including the mowing of the
lawn or removing snow from the sidewalk and shall cause the cost of
such removal and maintenance to be charged as a municipal lien against
the premises.
[Amended 10-11-1988 by Ord. No. 1412-88]
Any person or entity who shall violate any of
the provisions of this article or any order promulgated hereunder
shall, after a summons is issued under the terms hereof, upon conviction,
be punished as follows:
A.
For a first offense, by a fine not to exceed $250.
B.
For a second offense, by a fine not less than $100
nor more than $350.
C.
For a third offense or any subsequent offenses, by
a fine of not less than $250 nor more than $500 or by imprisonment
in the county jail for a period not to exceed 90 days, or both. Each
violation of any of the provisions of this article and each day that
each such violation shall continue shall be deemed to be a separate
and distinct offense.
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 found to be in conflict
with this code.
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 the owner at the owner's last known mailing address, cause the
tree to be removed or properly pruned or cut back as directed by the
enforcement officer. In the event the owner of the tree shall fail
to comply with the notice and the instructions therein, the enforcement
officer shall be authorized under this subsection to effect the removal
or pruning of the tree and the cost for the removal or pruning shall
be charged against the property involved and shall be collected by
the borough in the same manner as taxes assessed against the property.
This provision shall be in addition to all other penalties herein
set forth for the violation of the provisions of this article.
