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.
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:
BUILDING
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.
DETERIORATION
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.
EXPOSED TO PUBLIC VIEW
Any premises or part of any premises which may be lawfully
viewed by the public or any member thereof.
EXTERIOR OF THE PREMISES
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereof.
EXTERMINATION
The control and elimination of insects, rodents and vermin.
GARBAGE
Animal and vegetable and other organic waste resulting from
the handling, preparation, cooking and consumption of food or other
products.
INFESTATION
The presence of rodents, vermin, insects or other pests on
the premises which constitutes a health hazard.
NUISANCE
A.
Any condition so defined by common law, the
statutes of the State of New Jersey or the Code of the Borough of
River Edge.
B.
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.
C.
Any physical conditions dangerous to human life
or detrimental to health of persons on or near the premises where
the conditions exist.
D.
Conditions which render air, food or drink unwholesome
or detrimental to the health of human beings.
OCCUPANT
Any person having actual possession of the premises.
OPERATOR
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.
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.
PREMISES
A lot, plot or parcel of land including the buildings and
structures located thereof.
REFUSE
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.
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.
[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.