[Adopted 9-16-2002 by Ord. No. 1394]
It is hereby found and declared that lack of
proper maintenance of real estate may lead to progressive deterioration
and loss of property values. It is further found and declared that
by reason of each act of maintenance and progressive deterioration
these conditions may grow and spread and may necessitate the expenditure
of large amounts of public funds to correct and eliminate same. Through
the establishment of the regulations and restrictions contained herein,
it is the desirability of residential and nonresidential uses that
the amenities of neighborhoods will be enhanced and the general health,
safety and welfare of all residents will be fostered and protected.
A.
The purpose of this article is to protect the public
health, safety and welfare by establishing minimum standards governing
the maintenance, appearance and condition of residential and nonresidential
premises; to fix certain responsibilities upon owners, operators,
occupants and other persons; to authorize and establish procedures
for the inspection of residential and nonresidential premises; to
fix penalties for the violations of this article and provide procedures
for correcting violations in those cases requiring municipal action.
B.
This article is hereby declared to be protective,
preventative and essential to the public interest and it is intended
that this article be liberally construed to effectuate the purposes
stated herein.
The following terms, whenever used herein or
referred to in this article, shall have the respective meaning assigned
to them unless a different meaning fully appears from the context:
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outbuildings and appurtenances
belonging thereto or usually enjoyed therewith.
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
thereof.
The control and elimination of insects, rodents and vermin.
Animal and vegetable and other organic waste resulting from
the handling, preparation, cooking and consumption of food or other
products.
The presence of rodents, vermin, insects or other pests on
the premises which constitutes a health hazard.
Any condition so defined by common law, the
statutes of the State of New Jersey or the Code of the Borough of
River Edge.
Any inadequately protected shaft, basement,
excavation; any abandoned or nondrivable motor vehicle equipment;
structurally unsound fence or building, lumber, trash, debris of vegetation
such as poison ivy, oak, or sumac or other condition which is or may
be detrimental to the safety or health of persons.
Any physical conditions dangerous to human life
or detrimental to 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.
Fire hazards.
Any person having actual possession of the 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 or entity 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 who 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 the buildings and
structures located thereof.
All putrescible and nonputrescible solid waste (except body
wastes) including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid marketed
industrial wastes.
All structures and premises, residential, commercial
and industrial, shall comply with the provisions of this article whether
or not those structures or premises have been constructed, altered
or repaired before or after the enactment of this article and irrespective
of any permits or licenses which may have been issued for the use
or occupancy prior to the effective date of this article. Premises
are also required to comply with the provisions of this article.
In any case where the provisions of this article
impose a higher standard than set forth in any other ordinance of
the Borough of River Edge or under the laws or regulations of the
State of New Jersey, then the standards as set forth herein shall
prevail. If the provisions of this article impose a lower standard
than any other ordinance of the Borough of River Edge or the laws
or regulations of the State of New Jersey, then the higher standard
contained in any such ordinance or law shall prevail.
A.
Owners and operators. The owners and operators shall
have the duties and responsibilities as prescribed in this article,
and no owner and operator shall be relieved from any such duties and
responsibilities nor be entitled to defending as to any charge or
violation thereof by reason of the fact that the occupant is also
responsible thereof therefor and in violation thereof.
B.
Occupants. Occupants shall have the responsibilities
and duties as prescribed in this article, 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 or both is or are also responsible
therefor and in violation thereof.
C.
Contract to alter responsibilities. Unless expressly
provided to the contrary in this article, the respective obligations
and responsibilities of the owner, operator and occupant 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 shall be the duty of the owner, operator and/or
occupant to keep the exterior of the premises free of litter including
but not limited to discarded windblown, deposited, dropped or strewn
paper, wrappings, cardboard, bottles, cans, boxes and broken glass
and of all nuisances and hazards to the safety of tenants, occupants,
pedestrians and other persons having access to the premises and free
of unsanitary conditions and any of the foregoing shall be promptly
removed and abated. The word "hazard" shall include but not be limited
to the following:
(1)
Refuse. Garbage and refuse including brush, weeds,
broken glass, stumps, rock, obnoxious growths, filth, garbage, trash,
rubbish, refuse and debris of any description.
(2)
Natural growth such as dead and dying or storm-damaged
trees and limbs or other growth by reason of its condition 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 accumulation 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 and unsanitary conditions 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)
Excretion of pets or other animals on paths, sidewalks,
walks, driveways, parking lots and parking areas and other parts of
the exterior of the premises which are accessible to and used by persons
having access to such premises.
(6)
Recurring accumulation of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate recurrent accumulation
of stormwater.
(7)
Foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage and capable of carrying imposed
loads safely, and sources of infestation including all environments
and conditions conducive to the increase or spread of vermin within
foundation walls.
(8)
Exterior porches, landings, balconies, stairs and
fire escapes shall be provided with banisters or railings properly
designed and maintained to be structurally sound in good repair, well
painted or otherwise provided with a protective treatment to prevent
deterioration and free from defects.
B.
It shall be 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 included but not limited to the following:
(2)
Landscaping. Premises shall be kept from becoming
overgrown, littered and unsightly. Topiaries shall be graded evenly
to eliminate holes, depressions, gullies, mounds, accumulations of
debris and other unsightly or unsafe conditions. Grass, weeds and
vegetation shall not be permitted to grow or remain on the side, front
or rear yards to exceed a height of 10 inches. Any edible vegetation
for useful or ornamental purpose shall not be governed by this provision.
(3)
General maintenance. The exterior of every structure
shall be maintained in good repair for purposes of preservation and
appearance and free of conditions reflective of deterioration or inadequate
maintenance including but not limited to broken glass, excessively
peeling or deteriorated paint, loose shingles and crumbling stone
or brick. Any yard area (front, side or rear) shall be cleared and
maintained free of trash, solid debris or other materials that cause
litter to accumulate to unhealthy and blighting proportions.
(4)
Awnings and marquees. Any awning or marquee and its
accompanying structural members which extend over any street, sidewalk
or other portion of the premises shall be maintained in good repair
and shall be so maintained as to not constitute a nuisance or safety
hazard. In the event that any such awning or marquee is not properly
maintained in accordance with the foregoing, it shall, together with
supporting members, be removed forthwith. In the event that any such
awning or marquee is made of cloth, plastic or other similar materials,
same materials when exposed to public view shall be maintained in
good condition and shall not show evidence of excessive weathering,
discoloration, ripping, tearing or other deterioration. Nothing herein
shall be construed to authorize any encroachment of an awning, marquis
or its accompanying structural members on streets, sidewalks or other
parts of the public domain.
(5)
Signage.
(a)
Signage whether in a window or attached to any
part of a building or structure, signage shall be in conformance with
the provisions of the Zoning Ordinance[2] of the Borough of River Edge. No signs, logograms or pictures,
temporary or otherwise, on or inside a window shall be greater than
two feet in height or cover more than 20% of the square foot area
of the window. Signs on the inside of a window shall be considered
part of the main sign for the purpose of calculating maximum allowed
sign area under the Zoning Code. Any area within 48 inches of a window
is considered window area for signage purposes.
(b)
Any sign which has weathered excessively or
faded or the paint on which has excessively peeled or cracked, shall,
with the supporting member, be removed forthwith or put into a state
of good repair. All nonoperative or broken electrical signs shall
be repaired or shall, with their supporting members, be removed forthwith.
Handwritten signs within 48 inches of any window are prohibited.
(6)
Structural soundness and general maintenance. The
exterior of every building shall be maintained in good repair. All
exterior surfaces thereof shall be kept painted and otherwise provided
with a protective treatment when necessary for purposes of preservation
and appearance. All exterior surfaces thereof shall be maintained
free from broken glass, loose shingles or siding, crumbling masonry,
excessively peeling paint or other conditions reflective of deterioration
or inadequate maintenance to the end that the building itself may
be preserved, safety and fire hazards eliminated and adjoining properties
in the neighborhood protected from blighting influences.
(7)
Every occupant of a single-occupancy unit in the building
compromising a single-occupancy unit shall be responsible for the
extermination of any insects, roaches or other pests therein or on
the premises; and any occupant of an occupancy unit in any building
which has more than one occupancy unit shall be responsible for such
extermination whenever his or her occupancy unit is the only one infested.
Notwithstanding the foregoing provisions of this section, whatever
infestation is caused by failure of the owner or operator to maintain
any such building in a reasonably pest-proof condition, extermination
shall be the responsibility of the owner and operator. Whenever infestation
exists in two or more of the occupancy units in any building or in
the common parts of any building containing two or more occupancy
units, extermination thereof shall be the responsibility of the owner
and operator.
(8)
No garbage, refuse, rubbish, containers or receptacles
for garbage, refuse or rubbish shall be placed or permitted to remain
forward of the building line of any premises and at the curb of the
Borough for collection except between 5:00 p.m. of the day preceding
the regular collection and 8:00 p.m. on collection day. At all other
times, the area forward of the building line and at the curb shall
be clear of garbage, refuse, rubbish and containers or receptacles
for garbage, refuse or rubbish.
(9)
Every public or private off-street parking or loading
area shall be maintained in good condition, free of hazards and deterioration.
All improved and paved areas, sidewalks, curbs, lighting areas, upper
guardrail signs and landscaping and other improvements shall be maintained
in a safe and good condition.
(10)
All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair and free from all snow, ice, mud and other debris and shall be maintained free of hazardous conditions. If any sidewalk or driveway or portion thereof by virtue of a state of disrepair shall constitute a danger to public health and safety, a sidewalk or driveway or portion thereof shall be replaced at the expense of the owner, operator or occupant. Sidewalk and curb construction responsibility shall be as in accordance with Chapter 362 of the Code of River Edge, and as amended.
A.
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 article, a presumption shall exist that a structure vacant for
six months is not currently occupied or in use.
B.
Any 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 or operators of unoccupied
or vacant buildings shall comply with the provisions of the Borough
Fire Prevention Code[1] 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 of 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 or windows shall
not be permitted except with the permission of the Building Official
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 buildings and windows be permitted
in excess of 60 days without a waiver from the Mayor and Council.
D.
Safe and sanitary maintenance. All unoccupied or vacant
buildings shall comply with the following minimum standards for safety
and sanitary maintenance.
(1)
Every foundation, exterior wall or exterior roof shall
be weather-tight, water-tight and rodent-proof and shall be kept in
sound condition and good repair and shall be safe to use and capable
of supporting a load which normal use may cause to be placed thereon.
(2)
Every floor, interior wall and ceiling shall be substantially
rodent-proof, shall be kept in sound condition and good repair, and
shall be safe to use and capable of supporting a load which normal
use may cause to be placed thereon.
(3)
Every window, exterior door and basement or cellar
door and hatchway shall be weather-tight, water-tight and rodent-proof
and locked and shall be kept in sound working condition and good repair.
(4)
Every inside and outside stair, porch and any appurtenance
thereto shall be safe to use and capable of supporting a load that
normal use may cause to be placed thereon and shall be kept in sound
condition and good repair.
(5)
Every yard shall be properly graded so as to prevent
the accumulation of stagnant water.
(6)
There shall be a control method of disposing of water
from roofs by use of gutters and downspouts which shall be installed
and maintained in sound condition, free of leaks and obstructions.
(7)
Every dwelling, cellar, basement and crawlspace shall
be maintained reasonably free from dampness.
(8)
The exterior of every structure or accessory structure
shall be maintained free of broken windows, loose shingles, crumbling
stone or brick or excess peeling paint.
(9)
The exterior of the premises and the condition of
accessory structures shall be maintained so that the appearance of
the premises and all buildings thereof shall reflect the level of
maintenance in keeping with the standards of the neighborhood in such
that the appearance of the premises and structure shall not constitute
a blighting factor for adjoining property owners leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
(10)
Any yard area (front, side and rear) shall be
cleared and maintained free of trash, solid debris or other materials
that cause litter to accumulate to unhealthy and blighting proportions.
(11)
Grass, weeds and vegetation shall not be permitted
to grow or remain on the side, front or rear yards of any unoccupied
or vacant building to exceed a height of 10 inches. Any edible vegetation
for useful or ornamental purpose shall not be governed by this provision.
(12)
Unoccupied or vacant buildings shall not be
utilized for storage of any materials, whether solid or liquid, including
the yard portion of that building.
(13)
When a vacant building is found to be infested
with rats, termites, roaches or any other insects or vermin, the owner
or operator shall undertake and excavate means of extermination of
such nuisances.
(14)
All doors and/or lids on appliances, furniture
utilized for storage or on heating furnaces shall be locked in order
to deny entry to any individuals where the potential for physical
harm or death may result should said door close to prevent the individual's
escape.
E.
The standards and requirements of this section shall
apply as long as any building remains vacant or unoccupied. Upon occupancy,
the other appropriate sections of this chapter shall apply.
All vacant land, lots and premises with or without
buildings thereon designed for residential purposes shall be clean
and free from garbage, rubbish and debris, as well as unsightly natural
growth, and from any and all conditions which might result in a hazard
to safety. All grass, hedges and shrubbery shall be kept trimmed and
shall not be permitted to become overgrown and unsightly. All fences
surrounding vacant or occupied lands shall be kept in good repair.
[Amended 11-15-2010 by Ord. No. 1717]
The Property Maintenance/Code Enforcement Officer
is hereby designated as the officer in charge of the enforcement of
this Code, or in his absence the Code Inspector.
[Amended 6-19-2006 by Ord. No. 1541]
The Enforcement Officer is authorized to issue
a summons whenever he determines that there is or has been a violation
of any provision of this article. In lieu of issuing a summons, the
Enforcement Officer may, in his discretion, first issue a written
notice of the violation to the person or persons or entity responsible
therefor under this article. The notice shall include a concise statement
of the reasons for its issuance and shall state that unless the violation
is abated, removed, cured, prevented or desisted from within the time
period set by the Enforcement Officer, a summons shall be issued for
the violation. The Enforcement Officer may extend the period for compliance
if, in his judgement, the responsible person has made a good-faith
effort to comply but, for reasons beyond that person’s control,
compliance could not be effected in time. In the event that the violation
is not abated, removed, cured, prevented or desisted from or otherwise
fully remedied within the time period stated in the notice, and any
written extension, a summons shall then be issued against the person,
persons, entity or entities so notified. Nothing in this section shall
obligate the Enforcement Officer to issue, or entitle any person to
receive, a notice as a condition to the issuance of a summons. The
issuance of any such notice is entirely within the discretion of the
Enforcement Officer.
[1]
Editor's Note: Former § 330-31,
Emergency conditions, was repealed 6-19-2006 by Ord. No. 1541.
[Amended 11-25-2005 by Ord. No. 1517; 6-19-2006 by Ord. No.
1541]
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
shall be punished as follows:
A.
For a first offense, by a fine not to exceed $200;
B.
For a second offense, by a fine not to exceed $500;
C.
For a third and subsequent offense, by a fine not
exceeding $2,000 or by imprisonment in the county jail for a period
not exceeding 90 days or by a period of community service not exceeding
90 days, or any combination thereof.
D.
Each violation of any provision of this article and
each day that each such violation shall continue shall be deemed to
be a separate and distinct offense.
If any section, subsection, paragraph, sentence,
clause or phrase of this Code shall be declared to be unenforceable
or invalid for any reason whatsoever, such decision or declaration
shall not affect the remaining portions of this article which shall
continue in full force and effect and to this end the provisions of
this article are hereby declared to be severable.
