[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 6-23-1987 by Ord. No. 1397 (Ch.
273 of the 1984 Code). Amendments noted where applicable.]
It is hereby found and declared that there exist
in the Borough of North Arlington structures used for residential
and nonresidential use which are or may be in the future substandard
with respect to structure, equipment or maintenance; or, further,
that such conditions, including but not limited to structural deterioration;
lack of maintenance of the appearance of the exterior of the premises;
infestation, lack of essential heating, plumbing, storage space or
refrigeration equipment; lack of maintenance or upkeep of essential
utilities and facilities; existence of fire hazards; inadequate provisions
for light and air; unsanitary conditions and overcrowding, constitute
a menace to the health, safety, morals, welfare and responsible comfort
of the citizens and inhabitants of the Borough of North Arlington,
New Jersey. It is further found and declared that, by reason of lack
of maintenance and progressive deterioration, certain properties have
the further effect of creating blighted conditions and initiating
slums and that if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same
and that, by reason to timely regulations and restrictions as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
A.
The purpose of this chapter is to:
(1)
Protect the public health, safety, morals and welfare
by establishing minimum standards governing the maintenance, appearance,
conditions and occupancy of residential and nonresidential premises.
(2)
Establish minimum standards governing utilities, facilities
and other physical components and conditions essential to make the
aforesaid facilities fit for human habitation, occupancy and use.
(3)
Fix certain responsibilities and duties upon owners,
operators and occupants.
(4)
Authorize and establish procedures for the inspection
of residential and nonresidential premises.
(5)
Fix penalties for violations of this chapter.
(6)
Provide for the right of access across adjoining premises
to permit repairs.
(7)
Provide for the repair, demolition or vacation of
premises unfit for human habitation or occupancy or use.
B.
This chapter is hereby declared to be remedial, preventive
and essential for the public interest, and it is intended that this
chapter be liberally construed to effectuate the purposes as stated
herein.
Every residential and nonresidential building,
and the premises on which they are situated in the Borough, used or
intended to be used for a dwelling or for commercial, business or
industrial occupancy shall comply with the provisions of this chapter,
whether or not such buildings shall have been constructed, altered
or repaired before or after the enactment of this chapter and irrespective
of any permits or licenses which shall have been issued for the use
or occupancy of the building or premises, for the construction or
repair of the building or for the installation or repair of the building
or for the installation or repair of equipment and/or facilities prior
to the effective date of this chapter. This chapter establishes minimum
standards for the initial and continued occupancy and use of all such
buildings and does not replace or modify standards otherwise established
for the construction, repair, alteration or use of the building or
the equipment or facilities contained therein, except as provided
in the following subsection. Where there is mixed occupancy, residential
or nonresidential use therein shall be, nevertheless, regulated by
and subject to the provisions of this chapter.
In any case where the provisions of this chapter
impose a standard higher than is set forth in any other ordinances
of the Borough or under the laws of the State of New Jersey, then
the standards as set forth herein shall prevail, but if the provisions
of this chapter impose a lower standard than any other ordinances
of the Borough or of the laws of the State of New Jersey, then the
higher standard contained in any such other ordinance or law 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, nor shall
any provision herein relieve any owner, operator or occupant from
complying with any such other provision or any official of the Borough
from enforcing any such other provision.
A code regulating the establishment of minimum
maintenance standards for all structures and premises within the Borough
is hereby established pursuant to P.L. 1946, c. 21, as amended (N.J.S.A.
40:49-5.1 et seq.). A copy of said code is annexed hereto and made
a part hereof without inclusion of the text thereof herein, with additions,
deletions and changes as hereinafter set forth.
[Amended 10-8-1996 by Ord. No. 1674; 2-9-2006 by Ord. No. 1953; 8-13-2009 by Ord. No. 2031]
Said code established and adopted by this chapter
is described and designated as the International Property Maintenance
Code 2006, as published by the International Code Council, Inc.
[Amended 10-8-1996 by Ord. No. 1674; 8-13-2009 by Ord. No. 2031]
Three copies of said International Property
Maintenance Code/2006, similarly marked, have been placed on file
in the office of the Clerk of the Borough of North Arlington upon
the introduction of this chapter and will remain on file there for
use and examination by the public until final action is taken on said
chapter.
[Amended 10-8-1996 by Ord. No. 1674; 10-2-2001 by Ord. No.
1818; 8-13-2009 by Ord. No. 2031]
The following sections of the code adopted under
this chapter are hereby revised or amended as set forth:
A.
Section 101.1 Title, shall include the Borough of
North Arlington as the name of the jurisdiction applicable.
B.
Section 106.4 Violations penalties, shall be amended
as follows:
[Amended 8-19-2010 by Ord. No. 2055]
|
106.4 Violations penalties. Any person who shall violate a provision of this Code shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Article I, General Penalty, of the Code of the Borough of North Arlington, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
|
C.
The definition of "Code Official" under Section 202.0,
General Definitions, shall be amended as follows: Code Official: The
State Uniform Construction Code Enforcing Agency, including the Construction
Official and all the duly appointed subcode officials of said agency,
Health Officer and Police Department or any of their duly authorized
representative.
D.
Section 111.0 of the Code adopted under this chapter
is hereby deleted.
E.
COMMERCIAL VEHICLE
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
FRONT YARD
REFUSE
Section 202.0, General Definition, shall be amended
to add the following definitions:
All trucks, vans, constructions equipment and limousines,
bearing commercial license plates which are in excess of four tons
net weight.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, crackling, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any premises or 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.
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
or right-of-way line from the point of the foundation of the structure
or building closest from such street lines.
All nonputrescible solid wastes, including but not limited
to abandoned vehicles and recreational equipment and parts thereof,
abandoned machinery and parts thereof, household furnishings, dead
animals, debris, junk, appliances, rubbish, scrap lumber, stumps,
tires, trash, grass and year clippings. (See also "garbage.")
F.
Section 302.1, Sanitation, shall be amended to read
as follows:
[Amended 8-19-2010 by Ord. No. 2055]
|
302.1 - Sanitation. It shall be
the duty of the owner, operator and/or occupant to maintain all exterior
property and premises in a clean; safe and sanitary condition.
|
G.
Section 302, Exterior Property Areas, shall be amended
to add the following subsections:
[Amended 8-19-2010 by Ord. No. 2055]
|
302.13 Trees, Brush and Hedges. All premises and exterior property shall be maintained free from
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.
|
|
Premises shall be kept from becoming overgrown
and/or unsightly. Vegetation along the public right-of-way shall be
kept from becoming a hazard to pedestrians and motorists.
|
|
All brush, hedges and other plant life growing
within 25 feet of the intersection of two roadways shall be cut to
a height of not more than 2 1/2 feet where it shall be necessary
and expedient for the preservation of the public safety, within 10
days after notice to cut the same, by the officer of the municipality,
so designated.
|
|
302.13(1) - Cost of cutting brush and
hedges; charging against lands; lien.
In all cases where trees, brush, hedges and
other plant life are cut from any lands within the limitations of
this section, by or under the direction of an officer of the municipality,
such officer shall certify the cost thereof to the governing body,
which shall examine the certificate and if found correct shall cause
the cost as shown thereon to be charged against said lands, or in
the event that such cost is excessive to cause the reasonable cost
thereof to be charged against said lands. The amount so charged shall
forthwith 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
such lands, the same to bear interest at the same rate as other taxes
and shall be collected and enforced by the same officers and in the
same manner as taxes.
|
|
302.10 - Overhanging Objects. All
structures and exterior property shall be maintained free of 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.
|
|
302.11 - Ground Surface Hazards. It shall be the duty of the owner, operator and/or occupant to keep
the exterior of the premises free of 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.
|
|
302.12 - Commercial and Industrial Material. There shall not be stored or used, at a location exposed to public view, equipment and materials relating to commercial or industrial uses, unless permitted under Chapter 205, Land Development.
|
|
302.14 - Removal, Destruction of Brush, Weeds, Debris,
etc.; Ordinance Authorized. The owner or tenant of a dwelling
or lands lying within the limits of this municipality, where it shall
be necessary and expedient for the preservation of the public health,
safety, general welfare or to eliminate a fire hazard, shall remove
from such lands or dwelling or destroy brush, weeds, including ragweed,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris, within 10 days after notice to remove or destroy
the same. In cases where the owner or tenant shall have refused or
neglected to remove or destroy same in the manner and within the time
provided above, the municipality may complete the removal or destruction
of the same by or under the direction of an officer of the municipality.
For the purposes of this section, garbage shall not include solid
waste stored in such a way that it is accessible to and likely to
be strewn about by animals such as but not limited to dogs, cats,
raccoons, birds or rodents pursuant to 302.14(1).
|
|
302.14(1) - Municipal Ordinance Requiring Solid Waste
Removal. The owner or tenant of a dwelling or land located
within the municipality, when it is necessary and expedient for the
preservation of the public health, safety, or general welfare, shall
remove from that dwelling or land or destroy any solid waste stored
in such a way that it is accessible to and likely to be strewn about
by animals such as but not limited dogs, cats, raccoons, birds, or
rodents. The removal or destruction of the solid waste shall be completed
within 72 hours after the owner or tenant has received written notice
to that effect. The municipality may complete the removal or destruction
of the solid waste by or under the direction of an officer or Code
Enforcement Officer of the municipality when the owner or tenant refuses
or neglects to remove or destroy the solid waste in the manner and
within the time prescribed above.
|
|
302.14(2) - Cost for Removal; Lien. In all cases
where brush, weeds, including ragweed, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris are destroyed
or removed from any dwelling or lands pursuant to 302.14 and 302.14(1)
by or under the direction of an officer or Code Enforcement Officer
of the municipality, such officer or Code Enforcement Officer shall
certify the cost thereof to the governing body, which shall examine
the certificate, and if found correct shall cause the cost as shown
thereon to be charged against said dwelling or lands; the amount so
charged shall forthwith become a lien upon such dwelling or lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such dwelling or 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.
|
|
302.15 - Abatement of Nuisance, Correction of Defect,
etc., by Municipality; Lien Against Premises. The municipality,
by resolution of its governing body adopted no earlier than 72 hours
after the owner or tenant has received written notice to that effect,
may abate a nuisance, correct a defect, or put the premises in proper
condition so as to comply with the requirements of any municipal ordinance
or state law applicable thereto, at the cost of the owner or lessor,
and expend municipal funds for such purpose and charge the same against
the premises, and the amount thereof as determined by the governing
body of the municipality shall be a lien against the premises and
shall be added to and become and form part of the taxes next to be
assessed and levied upon such dwelling or 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.
|
|
302.16 - Service of Notices. For the purposes of
this section, the service of notices, personally or by mail, upon
the owner, lessor and agent, shall be sufficient notice to the owner
or lessor, and service of any such notice by posting it upon the premises
in a conspicuous place shall be sufficient notice when the owner or
lessor has failed to register his premises with the municipal Clerk
and designate an agent in respect to the premises residing in the
municipality or where such an agent has been designated but cannot
be found at the address given in the registration.
|
H.
Section 304.1, General Maintenance, shall be amended
to read as follows:
[Amended 8-19-2010 by Ord. No. 2055]
|
304.1 - General Maintenance. The
exterior of every structure or accessory structure shall be maintained
in good repair, and all surfaces thereof shall be kept painted or
whitewashed or otherwise provided with a protective treatment, where
necessary, for purposes of preservation and appearance. The same shall
be maintained free from broken glass, loose shingles, crumbling stone
or brick, excessive peeling paint or other conditions reflective of
deterioration or inadequate maintenance, to the end that the property
itself may be preserved in keeping with the standards of the neighborhood
or such higher standards as may be adopted as part of a plan of the
renewal by the Borough of North Arlington, such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
|
[Added 10-8-1996 by Ord. No. 1674]
A.
Definition. An "unoccupied or vacant building" shall
mean any structure intended for residential or commercial use which
is not currently occupied or in use. For the purpose of the enforcement
of this chapter, a presumption shall exist that a structure vacant
for six months is not currently occupied or in use.
B.
Basic equipment and facilities. Every unoccupied or
vacant building must comply with the following minimum standards for
basic equipment and facilities:
(1)
Plumbing. All plumbing fixtures shall be properly
installed and be in sound condition and good repair.
(2)
Electricity. Every existing outlet and fixture shall
be properly connected. Wiring and service lines shall be maintained
in good and safe working condition.
(3)
Heating plant. The heating plant shall be maintained
in a safe condition.
(4)
Cooking equipment. All cooking equipment shall be
maintained in a safe condition.
C.
Safety from fire. All owners of unoccupied or vacant
buildings shall comply with the applicable provisions of the Borough
Fire Prevention Code and the following additional provisions of the
Borough Fire Prevention Code and the following additional standards
for safety from fire:
(1)
No unoccupied or vacant building shall contain any
space utilized for the storage of flammable liquids.
(2)
No room within any vacant or unoccupied building shall
be used for storage or junk, rubbish or wastes, furniture or building
materials not intended to be used in the existing building.
(3)
The early detection and containment of fire being
a valid municipal concern, the boarding up of doors and windows shall
not be permitted except with the permission of the public officer
in emergency situations. When doors and windows are boarded up, they
shall be covered with no less than one-half-inch exterior plywood
or equivalent, which shall be the same color as the building exterior.
In no case shall boarding up of doors and windows be permitted in
excess of 90 days without a waiver from the Mayor and Council. Security
screens, bars and/or grilles on open windows shall include quick-release
mechanisms, both of which shall be subject to the approval of the
public officer. The exterior of the premises and the condition of
the accessory structures shall be maintained so that the appearance
of the premises and all buildings thereof shall reflect a level of
maintenance in keeping with the standards of the neighborhood and
such that the appearance of the premises and structures shall not
constitute a blighting factor for adjoining property owners nor an
element leading to the progressive deterioration and downgrading of
the neighborhood with the accompanying diminution of property values.
D.
Further responsibilities of owners. All owners of
unoccupied or vacant buildings shall be required to comply with the
following standards:
(1)
Unoccupied or vacant buildings shall not be utilized
for storage of any materials, whether solid or liquid, including the
yard portion of that building.
(2)
When a vacant dwelling is found to be infested with
rats, termites, roaches and/or any other insects and vermin, the owner
shall undertake an expedient means of extermination of such nuisances.
(3)
All doors and/or lids on appliances, furniture utilized
for storage or on heating furnaces shall be locked in order to deny
entry to an individual(s) where the potential for physical harm or
death may result should said door close and prevent the individual's
escape.
E.
The standards and requirements of this section apply
as long as any dwelling remains unoccupied. Upon occupancy, the other
sections of this code shall prevail.
[Amended 10-8-1996 by Ord. No. 1674]
Upon issuance of a notice of violation pursuant
to this chapter, the property owner, operator or occupant shall correct
the conditions and notify the enforcement officer that said conditions
have been corrected. A compliance inspection shall then be made. Should
full compliance not be achieved at the time of said inspection, the
Borough shall be reimbursed by the property owner for the costs of
all reinspections. Failure to reimburse the Borough shall result in
a lien for said costs being placed against the property in the same
manner as real estate taxes.
[Amended 10-8-1996 by Ord. No. 1674]
The enforcement officer shall cause to be made
such inspections of the premises within the Borough as he/she shall
deem necessary to effect compliance with this chapter.
[Amended 10-8-1996 by Ord. No. 1674]
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 a structure which
is deemed to be unsanitary.
All penalties and money collected under any
provision of this chapter or the code established herein shall be
paid to the Treasurer of the Borough of North Arlington.
