[HISTORY: Adopted by the Mayor and Council
of the Borough of Essex Fells as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Abandoned property – See Ch. 205.
[Adopted 7-18-1989 by Ord. No. 89-552 (Ch. 8.32 of the 1992 Code)]
A.
The ordinance codified in this chapter shall be known
as the "Property Maintenance Ordinance of the Borough of Essex Fells."
B.
Findings and declaration of policy. Experience and
observations have shown that lack of maintenance of real property
may lead to progressive deterioration and loss of property values.
Through the establishment of the regulations and restrictions contained
in this chapter, the desirability of residential and nonresidential
uses and the amenities of neighborhoods will be enhanced and the general
health, safety and welfare of all residents fostered and protected.
C.
Purpose. The purpose of this chapter is to protect
the public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance and condition of residential
and nonresidential premises. It fixes certain responsibilities upon
owners, operators, occupants and other persons. It authorizes and
establishes procedures for the inspection of residential and nonresidential
premises. It fixes penalties for the violations of this chapter and
provides procedures for correcting violations in those cases requiring
Borough action. This chapter is declared to be protective, preventive
and essential for the public interest, and it is intended that this
chapter be liberally construed to effectuate the purposes stated herein.
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given in this section:
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use or abuse.
Any premises, or any part of any premises, which may be lawfully
viewed by the public or any member thereof.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The control and elimination of insects, rodents and vermin.
That space on the same lot with a principal building situated
between the front street line or lines and the front line of the building
projected to the side property lines. The depth of the front yard
shall be measured along a line perpendicular to the front street line
from the point of the foundation of the structure.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The presence of rodents, vermin, insects or other pests on
the premises which constitute a health hazard.
Any condition so defined by common law, the
statutes of the state or the ordinances of the Borough;
Any condition which may prove attractive but
detrimental to the health or safety of children, whether in a building,
on the premises of a building or upon an unoccupied lot;
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist;
Conditions which render air, food or drink unwholesome
or detrimental to the health of human beings.
Any person having actual possession of a premises.
Any person who has charge, care or control of a dwelling
or premises, or any part thereof, with or without the knowledge and/or
consent of the owner.
Any person who, alone or jointly or severally with others,
has legal or equitable title in any form to any premises, with or
without actual possession thereof; or shall have charge, care or control
of any dwelling or premises as owner or agent of the owner, including,
but not limited to, a fiduciary, executor, administrator, trustee,
receiver or guardian of the estate or as a mortgagee in possession.
A lot, plot or parcel of land, including but not limited
to the portion or portions thereof which are adjacent to or within
the public rights-of-way, and the trees, shrubbery, vegetation, buildings
or structures thereon.
[Amended 7-17-2012 by Ord. No. 2012-933]
All nonputrescible solid wastes, including, but not limited
to, abandoned vehicles and recreational devices and parts thereof,
abandoned machinery and parts thereof, household furnishings, debris,
junk, appliances, rubbish, scrap lumber, stumps, tires, trash, grass
and yard brush and pruning clippings. (See also "garbage.")
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above, or below the surface
of a parcel of land.
All structures and premises shall comply with
the provisions of this chapter, whether or not those structures and
premises have been constructed, altered or repaired before or after
the enactment of the ordinance codified in this chapter and irrespective
of any permits or licenses which may have been issued for their use
or occupancy prior to the effective date of this chapter. Vacant lots,
lands and premises are also required to comply with the provisions
of this chapter.
In any case where the provisions of this chapter
impose a higher standard than set forth in any other ordinance of
the Borough or under the laws or regulations of the state, then the
standards as set forth in this chapter shall prevail. If the provisions
of this chapter impose a lower standard than any other ordinance of
the Borough or of the laws and regulations of the state, then the
higher standard contained in any such ordinance or law or regulation
shall prevail.
No certification of compliance with this chapter
shall constitute a defense against any violation of any other ordinance
of the Borough applicable to any structure or premises.
A.
Owners and operators. Owners and operators shall have
all the duties and responsibilities as prescribed in this chapter,
and no owner or operator shall be relieved from any such duties and
responsibilities nor be entitled to defend against any charge of 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 responsibilities
and duties as prescribed in this chapter, and the occupant shall not
be relieved from any such duties and responsibilities nor be entitled
to defend against any charge of violation thereof by reason of the
fact that the owner or operator is also responsible therefor and in
violation thereof.
C.
Contract not to alter responsibilities. Unless expressly
provided to the contrary in this chapter, the respective obligations
and responsibilities of the owner and operator on the 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 other parties.
A.
It is the duty of the owner, operator and/or occupant
to keep the exterior of the premises free of nuisances which include,
but are not limited to, the following:
(1)
Garbage and/or refuse.
(2)
Natural growth, such as dead and dying or storm-damaged
trees and limbs or other growth which, by reason of its conditions
or nature, constitutes a hazard to persons lawfully in the vicinity.
Trees shall be kept pruned and trimmed to prevent such conditions.
Owners of vacant premises must keep them free of nuisances.
(3)
Overhanging objects and accumulations of ice and/or
snow which by reason of their location above ground level constitute
a danger of falling on persons lawfully in the vicinity.
(4)
Ground surface hazards, such as holes, excavations,
breaks and projections on residential premises within five feet of
an unfenced property line or on any part of a nonresidential premises
to which the public has lawful access.
(5)
Sources of infestation, including all environments
and conditions conducive to the increase or spread of vermin.
B.
It is the duty of the owner, operator and/or occupant
to keep and maintain the exterior of the premises and structures so
that the appearance of the same shall not constitute a blighting factor,
including, but not limited to, the following:
(2)
Landscaping. Premises shall be kept from becoming
overgrown and/or unsightly. Vegetation along the public right-of-way
shall be kept from becoming a visual or physical hazard to pedestrians
and motorists.
(3)
General maintenance. Every structure shall be maintained
in good repair for purposes of preservation and appearance and free
from conditions reflective of deterioration or inadequate maintenance,
including, but not limited to, broken glass, excessively peeling or
deteriorated paint, loose or missing shingles or siding, crumbling
stone or brick. During construction, renovation or repair, the work
must proceed in an orderly and timely manner, and premises must be
kept as free as possible of debris and stored equipment and materials
and other unsightly condition, and sediment or soil from stormwater
runoff must not be allowed to flow onto the public right-of-way or
neighboring properties. All work on construction, renovation or repair
must be completed under any circumstances within one year of the commencement
of construction.
C.
The penalty for a violation of this section shall be $100.
[Added 4-15-2014 by Ord. No. 2014-949]
Nothing in this chapter shall be deemed to abolish
or impair existing remedies of the municipality or its officers or
agencies relating to the removal or demolition of any building or
structure which is deemed to be dangerous, unsafe or unsanitary.
A.
Enforcement officer. The Construction Code Official
of the Borough is designated as the officer charged with the enforcement
of this code and is hereafter referred to as the "Enforcement Officer."
The Building Subcode Official, all members of the Police Department
and authorized inspectors of the Fire Department and Health Officers
of the Borough are designated as assistant enforcement officers for
the purposes of the enforcement of this code.
B.
The Enforcement Officer shall cause to be made such
inspections of premises within the Borough as he shall deem necessary
to effect compliance with this chapter and shall have the authority
to use the services of any public authority in the enforcement of
this code.
C.
Notice to owner, operator or occupant upon noncompliance.
Following inspection, if the Enforcement Officer determines that the
premises are not in compliance with this chapter, he shall then issue
and cause to be served upon the owner, operator and/or occupant of
the premises a written notification stating the nature of the violation
and the corrective action sought and allowing 30 days (exclusive of
the day of service) for its correction. In cases where the violation
presents a clear and present danger to public health and safety, the
complaint is to be turned over to the Police Department or the Board
of Health for prompt action within its jurisdiction.
D.
Service of notice. In the case of an owner or operator,
the notice may be served personally upon him or by registered mail
or certified mail, addressed to his last known address. If, after
due diligence, the last known address cannot be ascertained, the notice
may be posted on the outside front entrance of the structure. Personal
service of the notice may be upon a member of the family of the owner
or operator over 14 years of age, residing in the same dwelling unit
with the owner or operator, as the case may be. In the case of the
occupant, notice may be mailed or delivered to him at his place of
business or posted to the door of the occupant's premises.
Where the violations or conditions existing
on the premises are of such a nature as to constitute an immediate
threat to life and limb unless abated without delay, the Enforcement
Officer may either abate the violation or condition immediately or
order the owner, occupant or operator to correct the violation or
condition within a period of time not to exceed three days. Upon failure
to do so, the Enforcement Officer shall abate the condition immediately.
Upon issuance of a notice of violation pursuant
to this chapter, the property owner, operator or occupant shall correct
the condition and notify the Enforcement Officer that the condition
has been corrected. A compliance inspection shall then be made. Should
full compliance not be achieved at the time of the inspection, the
Borough shall be reimbursed by the property owner for the cost of
reinspection. Failure to reimburse the Borough shall result in a lien
for the cost being placed against the property in the same manner
as real estate taxes.
[Amended 12-21-2010 by Ord. No. 2010-911]
There shall be no fee for an initial compliance
inspection made following the issuance of a notice of violation required
pursuant to this chapter. Fees for subsequent inspections to determine
compliance shall be $35 for the first inspection and shall increase
in increments of $50 for subsequent inspections.
A.
Where any owner, operator or occupant fails to comply
with an order issued pursuant to this chapter, he shall be deemed
in violation of this chapter and shall be subject to the penalties
provided in this chapter. It is the duty of the Enforcement Officer
to cause a summons to be issued from the Municipal Court for such
violations, but nothing contained in this chapter shall limit the
power of the Enforcement Officer to take such further action under
the criminal and civil laws of this state through any court of competent
jurisdiction as may be necessary to remove or abate any nuisance.
B.
Each violation of any of the provisions of this chapter and each day the violation exists constitutes a separate and distinct offense and shall be punishable as provided in Chapter 1, Article III, General Penalty, per day and per offense, levied against the owner, operator or occupant.
[Amended 11-17-2009 by Ord. No. 2009-878]
C.
Where abatement of any nuisance, as defined in this
chapter, was accomplished and premises brought into compliance with
this chapter through the expenditures of Borough funds, such costs
shall be assessed against the premises cited as a lien in the same
manner as real estate taxes.
[Adopted 8-21-2018 by Ord. No. 2018-1001]
Where it is necessary and expedient for the preservation of
the public health, safety, or general welfare, or to eliminate a fire
hazard, an owner or tenant of real property within the Borough of
Essex Fells shall remove from such lands brush, weeds, dead and dying
trees, stumps, roots, obnoxious growth, filth, garbage, trash and
debris within 10 days after notice to remove the same from the designated
official of the Borough of Essex Fells.
If an owner or tenant who has received notice in accordance with the provisions of § 206-14 fails to remove from said lands the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris, or fails to cut any brush, hedges, shrubs or other obstructions for which said person was cited within 10 days of notice to remove the same, then, and in that event, the Borough shall have the right to provide for the removal of the same by or under the direction of an officer of the municipality.
In all cases where any brush, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris are removed,
or any brush, hedges, shrubs or other obstructions are cut by the
Borough under the provisions of this article, the municipal officer
of the municipality in charge of the removal of said material shall
certify the cost thereof to the governing body. Upon receipt of the
certificate of cost, the governing body shall examine the same and,
if found correct, shall cause the cost as shown thereon to be charged
against the property from which said material was removed. The amount
so charged shall become a lien upon such lands and shall be added
to and become and form part of the taxes next to be assessed and levied
upon said lands, the same to bear interest at the same rate as other
taxes and shall be collected and enforced by the Tax Collector of
the Borough in accordance with the provisions of N.J.S.A. 40:48-2.27.
