This chapter shall be known as the "Property
Maintenance Code."
[Amended 4-11-2019 by Ord. No. 2019-5]
It is hereby found that there exists in the
Borough residential and nonresidential premises which are or may become
in the future substandard with respect to structure, equipment or
maintenance or further that conditions, such as structural deterioration,
infestation, lack of maintenance, existence of fire hazards and unsanitary
conditions which constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the residents of the Borough. It
is further found and declared that, by reason of such lack of maintenance
and because of progressive deterioration, certain properties have
the effect of creating negative conditions that, if the same are not
curtailed and removed, will grow and spread and will necessitate the
expenditure of large amounts of public funds to correct and eliminate
them. It is also found that timely implementation of the regulations
and restrictions contained herein will help maintain property values
and protect the health, safety, and welfare of the Borough's neighborhoods.
The following terms, wherever used herein or
referred to in this chapter, shall have the respective meanings assigned
to them, unless a different meaning clearly appears from the context:
ABANDONED MOTOR VEHICLE
Any unlicensed or unregistered motor vehicle which is not
capable of operation or has been in an inoperable state for more than
seven calendar days.
DETERIORATION
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, peeling, rusting or other evidence
of physical decay or neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof or any building or any part
thereof which may be lawfully viewed by the public.
EXTERIOR OF THE PREMISES
The open space on the premises and on adjoining premises
under the control of the owners or operators on the outside of the
premises.
EXTERMINATION
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food by poison, spraying,
fumigating, trapping or by any other approved pest elimination methods.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
INFESTATION
The presence, within or contiguous to the structure or premises,
of insects, rodents, vermin or other pests.
JUNK
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
machinery, machines, unregistered motor vehicles which are unfit for
operation, used pads of motor vehicles and any material commonly known
and generally referred to as "junk" in the ordinary and accepted meaning
of the word.
NUISANCE
A.
Any public nuisance as defined by statute or
ordinance or at common law.
B.
Any unattractive nuisance which may prove detrimental
to the health or safety of children, whether in a building, on the
premises of a building or upon an unoccupied lot. This includes but
is not limited to abandoned motor vehicles, abandoned cesspools, abandoned
wells, shafts, basements, excavations, abandoned refrigerators, any
structurally unsound fences or structures, used lumber, trash, junk,
debris or vegetation, such as poison ivy, poison oak or poison sumac,
which may prove hazardous.
C.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
D.
Insufficient ventilation or illumination in
violation of this chapter.
E.
Inadequate or unsanitary sewage or plumbing
facilities in violation of this chapter.
F.
Unsanitary conditions or anything offensive
to the senses or dangerous to health, in violation of this chapter.
G.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
OCCUPANT
Any person living or sleeping in a building; or having possession
of a space within a building.
OPERATOR
Any person who has charge, care or control of a dwelling
or premises or a part thereof, whether with or without the knowledge
and consent of the owner.
OWNER
Any person or entity who, alone or jointly or severally with
others, shall have legal or equitable title to any premises, with
or without accompanying actual possession thereof, or shall have charge,
care or control of any dwelling unit as owner or as executor, executrix,
administrator, administratrix, trustee, receiver or guardian of the
estate or as a mortgagee in possession, regardless of how such possession
was obtained. Any person who is a lessee subletting or reassigning
any part or all of any dwelling or dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon. For the purpose of this chapter, a vacant lot
shall be defined as a "lot."
REFUSE
All putrescible and nonputrescible solid waste, except body
wastes, including but not limited to garbage, rubbish, ash, street
cleanings, dead animals, abandoned motor vehicles and solid and industrial
wastes. (See also "garbage" and "rubbish.")
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.")
In any case where the provisions of this chapter
impose a higher standard than set forth in any other local ordinance
or under the laws of the state, then the standards as set forth herein
shall prevail, but if the provisions of this chapter impose a lower
standard than any other local ordinance or the laws of the state,
then the higher standard contained in any such other ordinance or
law shall prevail.
No license, permit or other certification of
compliance with this chapter shall constitute a defense against any
violation of any other local ordinance applicable to any structure
or premises, nor shall any provision herein relieve any owner, operator
or occupant from complying with any such other provision nor any official
of the Borough from enforcing any such other provision.
[Amended 4-11-2019 by Ord. No. 2019-5]
Landscaping of all premises shall be properly
maintained, with lawns, hedges and bushes kept trimmed and from becoming
overgrown and unsightly where exposed to public view.
All storefronts shall be kept in good repair,
painted where required and shall not constitute a safety hazard or
nuisance. In the event that repairs to a storefront become necessary,
such repairs shall be made with the same or similar materials used
in the construction of the storefront in such a manner as to permanently
repair the damaged area or areas. Any cornice visible above a storefront
shall be kept painted, where required, and in good repair.
All signs permitted by reason of other regulations
or as a lawful nonconforming use shall be maintained in good repair,
and printed matter, pictures or illustrations contained thereon shall
be completely maintained or, when no longer in use, completely removed.
All nonoperative or broken electrical signs shall be repaired or shall,
with their supporting members, be removed forthwith.
All reconstruction of walls and sidings shall
be of standard quality and appearance commensurate with the character
of the properties in the same block and on both sides of the street
on which the premises fronts, such that the materials used are not
of a kind that, by their appearance under prevailing appraisal practices
and standards, will depreciate the value of the neighboring and adjoining
premises.
[Amended 6-13-2013 by Ord. No. 2013-7; 4-11-2019 by Ord. No. 2019-5]
A. This chapter may be enforced by any Borough official or employee
(the "Enforcement Official") who shall be designated and directed
by the Borough Administrator to address any particular violation(s)
of this chapter. The Enforcement Official shall have the authority
to issue a notice of violation and abatement (the "notice") directing
the abatement of any violation of this chapter and specifying a reasonable
time period for abating the violation. In the event that the property
owner does not reside on the property and has not provided the Borough
with a current address for service, the notice may be posted upon
the property. The failure to comply with the notice shall constitute
a violation of this chapter.
B. For violations of §
225-10, Landscaping, the offender shall be subject to a fine of $50. For a second or subsequent offense of this section within the same calendar year the offender shall be subject to a fine of $200. For a violation of any other provision of this chapter, the offender shall be subject to imprisonment in the county jail for a term not exceeding 90 days or by a fine not exceeding $1,000, or by a period of community service not exceeding 90 days or any combination thereof. Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon any person for a repeat offense shall not exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.
C. Emergency conditions. 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
Official may either cause the violation to be abated 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 Official may cause the condition to be abated.
In addition, any other remedies set forth in other sections of the
Netcong Borough Code shall be available.
D. Abatement by the Borough. The Borough may abate a violation of this chapter when the Enforcement Official is unable to serve the notice upon a property owner or when the property owner, after service of the notice, fails to satisfactorily abate the violation. The Borough may also abate a violation, without any prior notice, in an emergency situation as set forth in Subsection
C above. If the Enforcement Official recommends that the Borough abate a violation, the Enforcement Official shall submit a report of the findings and recommendations to the Borough Council. The Borough Council may thereupon, by resolution, authorize the abatement of the condition as may be necessary to put the premises in such a condition so as to comply with the requirements of this Code. The Borough Council may, by such resolution, authorize the expenditure of municipal funds and fix the amount to be used for such purpose. Upon completion of the abatement, the Enforcement Official shall submit a report of the monies expended to the Borough Administrator for presentation to the Borough Council. After review of the report, the Borough Council may approve the expenses and costs by resolution and, thereupon, the stated amount of expenses and costs spent shall become a lien against the premises, collectible as provided by law in conformity with N.J.S.A. 40:48-2.14. A copy of the resolution approving the expenses and costs shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection thereof, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the affected premises.
Nothing contained herein shall limit the power
of the Code 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.