This article shall be known as the "Property
Maintenance Code of the Borough of Glen Rock" and may be referred
to in this article as the "Property Maintenance Code" or as "this
code."
The purpose of this article is to:
A. Provide for the public health, safety and welfare.
B. Avoid, prevent and eliminate the maintenance or creation
of 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. Prevent the creation, continuation, extension or aggravation
of blight.
E. Preserve property values in the Borough.
F. Prevent the physical deterioration or progressive
downgrading of the quality of housing facilities in the Borough.
G. Maintain the value and economic health of the commercial
properties and businesses that serve and help to support the Borough
and its citizens.
H. 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. Establish minimum standards governing the maintenance
and condition of land, buildings, structures and premises in the Borough.
J. Fix responsibilities and duties therefor upon owners,
lessees, operators and occupants of property.
K. Provide for administration and enforcement.
L. Fix penalties for the violation of this article.
For the specific purposes of this article, the
following terms, whenever used herein or referred to in this article,
shall have the respective meanings assigned to them hereunder unless
a different meaning clearly appears from the context:
COMPOST
Organic matter that has been decomposed and recycled as a
fertilizer and soil amendment. Compost is a natural fertilizer soil
amendment made from recycled food scraps, yard waste, sod, and more.
[Added 11-12-2014 by Ord.
No. 1708]
COMPOSTING CONTAINER
A commercially bought or homemade container used for creating
compost.
[Added 11-12-2014 by Ord.
No. 1708]
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
A.
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.
B.
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 such 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 article 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 multiples
thereof, including the buildings or structures thereon.
REFUSE or RUBBISH
All discarded, useless, unusable 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, 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, tires, abandoned, inoperative or unusable
automobiles and vehicles and solid commercial or industrial waste.
[Amended 11-12-2014 by Ord. No. 1708]
YARD WASTE
Leaves, grass clippings and garden debris.
[Added 11-12-2014 by Ord.
No. 1708]
In furtherance of the purposes of this article,
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 article, to keep the premises free of conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions.
[Amended 6-26-1996 by Ord. No. 1272; 4-25-2007 by Ord. No. 1548]
A. Enforcement officer. The Property Management Officer of the Borough
is hereby designated as the officer charged with the enforcement of
this article and is hereinafter referred to as the "Enforcement Officer."
All members of the authorized inspectors of the Building Department
and Board of Health of the Borough are hereby designated as Assistant
Enforcement Officers for purposes of the enforcement of this code.
B. Enforcement procedure. Whenever the Enforcement Officer or Assistant
Enforcement Officer determines that there is or has been a violation
of any provision of this article, he or 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 municipality, or a copy thereof is
handed to such person or persons or a copy thereof is left at the
usual place of abode or office of such person or entities. Notice
shall be given as aforesaid within or without the municipality. The
notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within 5 days of the date of service
of such notice (exclusive of the date of service), a summons and complaint
shall be issued for such violation. The Enforcement Officer or Assistant
Enforcement Officer may, at the time he or she issues the notice,
extend the period for compliance with the violation stated in the
notice for a period in excess of the aforesaid 5 days if, in his or
her judgment, the abatement, removal, prevention, cessation of or
cure of the condition violated cannot reasonably be effected within
the five-day period; and, in such cases, the Enforcement Officer,
or Assistant Enforcement Officer, shall state such reasonably required
extended period in the notice, which shall then be applicable instead
of the aforesaid 5 days. In the event that the violation is not abated,
removed, cured, prevented or desisted from or otherwise fully remedied
within the five-day period or within such extended period as set forth
in the notice, pursuant to the foregoing, a summons and complaint
shall then be issued against the person, persons, entity or entities
so notified.
[Amended 6-27-2018 by Ord. No. 1791]
C. Emergency conditions. Whenever the Enforcement Officer or Assistant 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 or she may issue an order by service of notice as set forth in Subsection
B, 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 article, 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 or Assistant Enforcement Officer, any such person shall be afforded a hearing before the governing body of the Borough as soon as it is reasonably possible. After such a hearing and decision by the governing body as to the existence or nonexistence of the emergency condition, the governing body may continue such order in effect or modify or withdraw it, subject to issuance of summons and complaint for violation thereof, if such order is continued.
[Amended 9-28-1997 by Ord. No. 1291]
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 by any combination of the following: by a fine not to
exceed $1,000, by imprisonment in the county jail for a period not
to exceed 90 days or by a period of community service not to exceed
90 days. 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.