[HISTORY: Derived from Ch. XXI, of the Revised
General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979.
Amendments noted where applicable.]
GENERAL REFERENCES
Asbestos — See Ch. 149.
Brush, grass and weeds — See Ch. 155.
Demolition of buildings — See Ch. 166.
Unsafe buildings — See Ch. 174.
Fire prevention — See Ch. 216.
Hazardous materials — See Ch. 241.
Housing standards — See Ch. 246.
Landscapers and snowplowing contractors — See Ch. 258.
Solid waste — See Ch. 356.
This chapter shall be known as "The Property
Maintenance Code of the Borough of Fort Lee" and may be referred to
in this chapter 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.
For the 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 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 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 or structure 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 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 use 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 chapter.
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 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
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 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.
Any alterations to building, 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 unsanitary.
In furtherance of the purposes of this chapter,
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 chapter, to keep the premises free of conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions.
The exterior of all premises shall be kept free
of the following matter, materials or conditions:
A.
Refuse, as hereinabove defined.
B.
Rubbish, as hereinabove defined.
C.
Abandoned, uncovered or structurally unsound walls,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
D.
Abandoned iceboxes, refrigerators, boilers, hot-water
heaters, television sets and other similar major appliances.
E.
Structurally unsafe or unsound buildings, structure
or fences.
F.
Rodents, vermin, pest infestations or rodent harborages.
G.
Animal excrement.
H.
Stagnant surface water or groundwater 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 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 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 § 312-2.
This chapter may be enforced by the Building
Inspector or his staff designee, and such officer shall, in pursuance
of his or her duties herein, be deemed, for purposes of this chapter,
the enforcement officer.
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 borough, or a copy thereof
handed to the person or persons or a copy thereof left at the usual
place of abode or office of the person or persons or a copy thereof
left at the usual place of abode or office of the persons or entities.
Notice shall be given as aforesaid within or without the Borough of
Fort Lee. 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, 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 the 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.
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 § 312-15 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. 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 Board of Health of the borough as soon as is reasonably possible. After such a hearing and decision by the Board of Health as to the existence or nonexistence of the emergency condition, the Board of Health 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.
A.
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 punishable as follows:
(1)
For a first offense, by a fine not to exceed $50.
(2)
For a second offense, by a fine not to exceed $200.
(3)
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.
B.
Each violation of any of the provisions of this chapter
and each day that each such violation shall continue shall be deemed
to be a separate and distinct offense.
C.
In addition to the foregoing and all other remedies
available to the borough, the Borough Treasurer, upon appropriate
notification from the Mayor and Council (after appropriate certification
from the enforcement officer), shall place a lien on any property
determined by the enforcement officer to be in violation of the provisions
of this code in the amount of any and all administrative expenses
and any and all actual expenditures for work necessary in order to
maintain the property and/or abate the violation. The lien placed
upon such lands shall be added to and become and form a part of the
taxes next to be assessed and levied upon said lands, the same to
bear interest at the same rate as taxes, and shall be collected and
enforced by the same officers and in the same manner as taxes.
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.
This code shall not apply to the placement of
refuse, rubbish or trash for collection by the borough pursuant to
other existing ordinances of the borough as heretofore or hereafter
amended or supplemented.
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
officers shall be authorized under this section 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 provision of this chapter.
[Added 11-10-2022 by Ord. No. 2022-21]
A.
Required initial inspection. The owner, landlord and/or agent of
every single-family, two-family, and/or multiple dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards within two years of the effective date of
the law, July 22, 2022, or upon tenant turnover, whichever is earlier.
B.
Required recurring inspection. After the initial inspection required by § 312-21, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
C.
Standards. Inspections for lead-based paint in rental dwelling units
shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1
et seq. and N.J.S.A. 55:13A-1 et seq.
D.
Exceptions. A dwelling unit in a single-family, two-family or multiple
rental dwelling shall not be subject to inspection and evaluation
for the presence of lead-based paint hazards or for the fees for such
inspection or evaluation, if the unit:
(1)
Has been certified to be free of lead-based paint;
(2)
Was constructed during or after 1978;
(3)
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law,"
N.J.S.A. 55:13A-1 et seq.;
(4)
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals; or
(5)
Has a valid lead-safe certification issued in accordance with N.J.S.A.
52:27D-437.16(d)(2).
E.
Fees. Notwithstanding any other fees due pursuant to this chapter,
the following fees shall be paid:
(1)
Inspection fee. A dwelling owner or landlord shall owe a fee in the
amount of $220, which shall be paid for each lead-based paint inspection
conducted by the Borough. Said fee shall be dedicated to meeting the
costs of implementing and enforcing this section and the required
contribution to the New Jersey Lead Hazard Control Assistance Fund
[N.J.S.A. 52:27D-437.16(h)] and shall not be used for any other purpose.
(2)
Administrative fee. Alternatively, a dwelling owner or landlord may
directly hire a private lead evaluation contractor who is certified
to provide lead paint inspection services by the Department of Community
Affairs, in which case a $50 administrative fee shall be paid. Said
fee shall be dedicated to the costs of monitoring compliance with
this section.
