Borough of River Edge, NJ Article I Adoption of BOCA Code

[Adopted 11-20-1995 as Ord. No. 1145]

§ 330-1 Adoption of standards.

[Amended 9-16-2002 by Ord. No. 1394]

A. A certain document, three (3) copies of which are on file in the office of the Borough Clerk of the Borough of River Edge, 705 Kinderkamack Road, River Edge, being marked and designated as "The BOCA National Property Maintenance Code, Fifth Edition, 1996," are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in § 330-2 of this Article.

B. Should the BOCA National Property Maintenance Code of 1996 be amended, all amendments shall supersede the existing ordinances and, upon adoption, become part of this Article.

§ 330-2 Additions, insertions and changes.

The BOCA National Property Maintenance Code is amended and revised in the following respects:

A. In Section PM-101.1, page 1, second line, insert "Borough of River Edge."

B. Section PM-106.2 is amended to read as follows:

[Amended 12-16-1996 by Ord. No. 1172]

PM-106.2 Penalty: Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a minimum fine of not less than fifty dollars ($50.) and a maximum of not more than one thousand dollars ($1,000.), or imprisonment for up to ninety (90) days, or a period of community service not exceeding ninety (90) days, or any combination thereof. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

C. In Section PM-304.12, page 11, first line, insert "during the period from January 1 to December 31."

D. In Section PM-602.2.1, page 17, fifth line, insert "September 1 through May 31."

E. In Section PM-602.3, page 17, third line, insert "September 1 through May 31."

F. Section PM-111.0, Means of Appeal, is hereby deleted and, in its place and stead, the following is inserted:

SECTION PM-111.0 CONDITIONS OF PROPERTY AND REMEDIATION PM-111.1 Purposes: The provisions of this section of the code shall vest in the municipality and its agents the authority to address conditions existing in and upon dwellings or lands lying within the municipality in order to preserve the public health, safety, general welfare and to prevent fire hazards. PM-111.2 Land and dwelling requirements: The owner or tenant of a dwelling or lands lying within the limits of the municipality shall remove from such lands or dwelling brush, weeds, including ragweed, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within ten (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 the same in the manner and within the time provided above, the borough may provide for the removal or destruction of the same by or under the direction of the Construction Official, Property Maintenance Officer or Health Officer and may provide for the imposition of penalties for the violation of this Article. For the purposes of this Article, 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 N.J.S.A. 40:48-2.13a. PM-111.3 Solid waste: The owner or tenant of a dwelling or land located within the municipality 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 to dogs, cats, raccoons, birds or rodents. Removal or destruction of the solid waste shall be completed within ten (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 the same in the manner and within the time provided above, the borough may provide for the removal or destruction of the same by or under the direction of the Construction Official, Property Maintenance Officer or Health Officer and may provide for imposition of penalties for violations of this Article. PM-111.4 Cost of remediation: 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 under or by 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 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.

§ 330-3 Continuation of existing provisions.

Nothing in this Article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed by this Article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.

§ 330-4 When effective.

The Borough Clerk shall certify to the adoption of this Article and cause the same to be published as required by law; and this Article shall take effect and be in force from and after its approval by law.