[HISTORY: Adopted by the Mayor and Council of the Borough of Woodcliff Lake 10-21-1985 by Ord. No. 85-11 (Ch. 186 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 110.
Building construction — See Ch. 114.
Numbering of buildings — See Ch. 120.
Outdoor burning — See Ch. 125.
Uniform construction codes — See Ch. 140.
Fences — See Ch. 168.
Fire prevention — See Ch. 178.
Littering — See Ch. 218.
Parking regulations — See Ch. 234.
Vehicles and traffic — See Ch. 250.
Signs — See Ch. 287.
Solid waste — See Ch. 310.
Storm sewers — See Ch. 315.
Streets and sidewalks — See Ch. 326.
Trees — See Ch. 355.
Zoning — See Ch. 380.
Housing standards — See Ch. 410.
Weed control — See Ch. 416.
This chapter shall be known as the "Property Maintenance Code of the Borough of Woodcliff Lake" and may be referred to in this chapter in the short form as the "Property Maintenance Code."
It is hereby found and declared that there exist in the Borough of Woodcliff Lake structures used for residential and nonresidential purposes which are or may become in the future substandard with respect to structure, equipment or maintenance and further that such conditions, including but not limited to structural deterioration, inadequate maintenance, infestation, inadequate provisions for light and air and unsanitary conditions, constitute a menace to the health, safety and welfare of the residents and inhabitants of the Borough of Woodcliff Lake. It is further found and declared that the existence of such conditions has the further effect of creating blight and substandard neighborhoods and that, by the enactment of timely regulations and restrictions as herein contained, the development of blight may be prevented and neighborhood and property values maintained and the public health, safety and welfare protected and restored.
The purpose of this code is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises; to establish minimum standards governing facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners, operators and occupants; and to fix penalties for the violation of this code. This code is hereby declared to be remedial and essential for the public interest, and it is intended that this code be liberally construed to effectuate the purposes stated herein.
The following terms, wherever used herein or referred to in this code, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context.
ACCESSORY STRUCTURE
A building or use that is on the same lot as and subordinate to and under the same ownership or control as and used for the purpose customarily incident to the use of the main building.
DETERIORATION
The condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
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 thereon.
GARBAGE
(See "refuse" and "rubbish.") Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GRAFFITI
Any drawing, painting, or making of any mark or inscription on public or private real or personal property without the prior written permission of the owner of the property.
[Added 10-16-2006 by Ord. No. 06-12]
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises which constitutes a health hazard.
NUISANCE
A. 
Any public nuisances known at common law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Borough of Woodcliff Lake.
B. 
Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building or on the premises of a building or upon an unoccupied lot. This includes but is not limited to abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash or debris.
C. 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
D. 
Unsanitary conditions or conditions which render air, food or drink detrimental to the health of human beings.
OCCUPANT
Any person living, sleeping or having actual possession of a dwelling unit or rooming unit.
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 who, alone or jointly or severally with each other, 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 agent of the owner or as fiduciary, including but not limited to 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, sublessee or assignee of any lease or sublease of any part or all of any dwelling or dwelling unit shall, for purposes of this code, be deemed to be a co-owner of and shall have joint responsibility with the owner respecting the part of the premises covered by lease or sublease.
PREMISES
A lot, plot or parcel of land, including the buildings or structure thereon.
REFUSE
(See also "garbage" and "rubbish.") All putrescible and nonputrescible solid wastes, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
(See also "garbage" and "refuse.") Nonputrescible solid waste consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
STRUCTURE
Anything that is built or constructed and permanently affixed over or under the ground or upon another structure or building.
[Amended 12-19-2016 by Ord. No. 16-20]
Every residential and nonresidential building and the premises on which it is situated, in the Borough of Woodcliff Lake, previously or presently used for dwelling, commercial, business or industrial occupancy, shall comply with the provisions of this code as well as the provisions contained within the most recent edition of the International Property Maintenance Code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or for the installation or repair of equipment or facilities prior to the effective date of this code. This code 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, equipment or facilities contained herein, except as provided in § 265-6.
In any case where the provisions of this code impose a higher standard than set forth in any other ordinance of the Borough of Woodcliff Lake 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 code impose a lower standard than any other ordinance of the Borough of Woodcliff Lake or than 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 code shall constitute a defense against any other ordinance of the Borough of Woodcliff Lake applicable to any structure or premises.
Owners and operators shall have all the duties and responsibilities prescribed in this code and shall not be relieved therefrom, nor be entitled to defend against any charge of violation thereof, by reason of the fact that the occupant is also responsible therefor and in violation thereof.
Occupants shall have all the duties and responsibilities prescribed in §§ 265-11 through 265-17 of this code, and the occupant shall not be relieved from any such duties and responsibilities, nor be entitled to defend against any charge or violation thereof, by reason of the fact that the owner of operator is also responsible thereof and in violation thereof.
Unless expressly provided to the contrary in this code, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.
The exterior of the premises and all structures thereon shall be kept free of any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsightly or unsanitary conditions, and any of the foregoing shall be promptly removed and abated. It shall be the duty of the owner or operator to keep the premises free of hazards and unsightly or unsanitary conditions which include but are not limited to the following:
A. 
Refuse, including, without limitation, junk, debris, scrap lumber, scrap metal, inoperable machinery or parts and fragments thereof, glass, stumps and trash.
B. 
Loose and overhanging objects, including, without limitation, dead and dying trees, accumulations of ice or other similar conditions which by reason of their location above ground level constitute a hazard to persons in the vicinity thereof.
C. 
Ground surface hazards, including, without limitation, holes, excavations, breaks, projections and obstructions which constitute a hazard to persons using the premises.
D. 
Inadequate foundation walls, piers and columns. Foundation walls, piers, columns or similar load-bearing components shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
E. 
Unsafe exterior facilities, including, without limitation, exterior porches, landings, balconies, stairs and fire escapes, all of which shall be kept structurally sound and in good repair and shall be provided with bannisters or railings properly designed and maintained.
F. 
Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater.
G. 
Removal of snow and ice. Snow and ice shall be removed from all sidewalks, driveways, walkways, parking areas and entrance stairways within 24 hours after the same has stopped falling and so as not to constitute a hazard to persons using the premises.[1]
[1]
Editor's Note: See also § 326-30, Snow and ice removal.
H. 
Sidewalks, driveways. Sidewalks, driveways, walkways and exterior entrance stairways shall be maintained in a safe condition such as will not constitute a hazard to persons using the premises or the sidewalk area. All sidewalk areas shall be paved and kept in good repair in accordance with the ordinances of the Borough of Woodcliff Lake. Sidewalks shall be kept unencumbered, broom clean and free from filth, slops and litter.[2]
[2]
Editor's Note: See also Ch. 326, Streets and Sidewalks.
I. 
Grass/weeds. All premises and exterior property shall be maintained free from weeds or lawn growth in excess of 10 inches, except that this requirement shall not apply to areas of natural growth that are not ordinarily maintained, such as, without limitation, areas containing wetlands or marshes, or densely wooded areas. All noxious weeds shall be prohibited.
[Added 9-21-2009 by Ord. No. 09-15]
The exterior of the premises, the exterior of dwelling structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the residential standards of the neighborhood and so that the appearance of the premises and structures shall not constitute a blighting factor depreciating adjoining properties or an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values.
A. 
General maintenance. In order to preserve property values, eliminate safety hazards and protect adjoining properties and the neighborhood from blighting influences, the exterior of every structure or accessory structure, including fences, shall be maintained in good repair, and all surfaces thereof shall be kept painted or whitewashed, where necessary for purposes of preservation and appearance, free of broken glass, loose shingles, crumbling stone or brick or excessive peeling paint. The grounds shall be maintained to an extent sufficient to prevent the appearance from constituting an unsightly condition, nuisance or interference with the enjoyment and use of adjoining public or private properties or the impairment of the residential character of the neighborhood.
[Amended 8-7-2000 by Ord. No. 00-6]
B. 
Front yard parking. No person shall park, stop or stand any motor vehicle, or permit or suffer the same to be done, in any front yard area of premises occupied by a dwelling, except on driveways and parking areas constructed and installed in compliance with applicable Borough ordinances.[1]
[1]
Editor's Note: See Ch. 234, Parking Regulations, and Ch. 250, Vehicles and Traffic.
C. 
Sidewalks, driveways. The sidewalks, driveways, walkways and entrance stairways shall be maintained in a safe condition, such as will not constitute a hazard to persons using the premises.[2]
[2]
Editor's Note: See also Ch. 326, Streets and Sidewalks.
D. 
Waterways, brooks. All waterways, brooks, drainage ditches and swales, to the extent that the same are located on or immediately adjacent to the premises, shall be maintained in good condition, free from debris, plantings or other obstructions.
The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the zoning district in which the property is located and/or such that the appearance of the premises and structure shall not constitute a blighting factor depreciating adjoining properties nor an element leading to the progressive deterioration and downgrading of the neighborhood and/or the zoning district in which the property is located.
A. 
General maintenance. In order to preserve property values, eliminate safety hazards and protect adjoining properties and the neighborhood from blighting influences, the exterior of every structure or accessory structure, including fences, shall be maintained in good repair, and all surfaces thereof shall be kept painted or whitewashed where necessary for purpose of preservation and appearance, free of broken glass, loose shingles, crumbling stone or brick or excessive peeling paint. The grounds shall be maintained to an extent sufficient to prevent the appearance from constituting an unsightly condition, nuisance, or interference with the enjoyment and use of adjoining public or private properties or the impairment of the character of the neighborhood.
[Amended 9-18-2000 by Ord. No. 00-8]
B. 
Conditions of approval. All conditions of approval incorporated in resolutions or other acts of the Borough or any duly constituted board or agency of the Borough shall be adhered to and shall be construed to be continuing conditions of approval. Any on-site improvements of every kind or nature, including without limitation sidewalks, curbs, catch basins, storm drains and driveways installed pursuant to the requirements of the Woodcliff Lake Borough Council or any duly constituted board or agency of the Borough, shall be maintained in good and serviceable condition at all times.
C. 
Windows. No storage of materials, stock or inventory shall be permitted in window display areas unless said areas are first screened from the public view by drapes, venetian blinds or other permanent rendering of the windows opaque to the public view. All such screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
D. 
Storefronts. All storefronts shall be maintained in good repair and all surfaces therein maintained in good repair and all surfaces thereof shall be kept painted, when necessary for purposes of preservation and appearance. In the event that repairs to a portion of a storefront are made, such repairs shall be performed with materials identical or compatible with the materials used in the area not undergoing repair to the end that the appearance of the storefront shall be uniform and attractive and shall not constitute a blighting factor depreciating adjoining properties.
E. 
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 not constitute a nuisance or a safety hazard. In the event that such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event that said awnings or marquees are made of cloth, plastic or of similar materials, said cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
F. 
Signs. All signs, including the structural and supporting components thereof and all light stanchions and poles shall be maintained in good repair.[1]
[1]
Editor's Note: See also Ch. 287, Signs.
G. 
Parking lines. All parking areas shall be marked with clearly visible parking lines and necessary directional arrows. Such markings shall be consistent with any requirements as to parking areas imposed by the Woodcliff Lake Borough Council or any other duly constituted board or agency of the Borough of Woodcliff Lake.
H. 
Waterways, brooks. All waterways, brooks, drainage ditches and swales, to the extent that the same are located on or immediately adjacent to the premises shall be maintained in good condition, free from debris, plantings or other obstructions.
Every dwelling and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety or health hazards, including:
A. 
Painting and other protective coating. All exposed surfaces susceptible to decay shall be kept at all times painted or otherwise provided with a protective coating efficient to prevent deterioration.
B. 
Weather and watertightness. Every dwelling shall be so maintained as to be weather and watertight.
C. 
Exterior walls, roofs. Exterior walls, roofs, windows, window frames, doors, door frames, foundations and other portions of the structure shall be so maintained as to prevent water from entering the structure under normal conditions and to prevent excessive drafts. Damaged materials must be repaired or replaced promptly; places showing signs of rot, leakage, deterioration or corrosion are to be restored and protected against weathering or seepage.
The exterior of every structure or accessory structure (including fences and store fronts) shall be maintained in good repair, and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservations and appearance. All surfaces shall be maintained free of broken glass, loose brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that property itself may be preserved, safety hazards eliminated and adjoining properties and the neighborhood protected from blighting influences. All reconstruction of walls and siding shall be of standard quality and appearance commensurate with the character of the properties in the zoning district in which the premises are located; such that the materials used will not be of a kind that by their appearance under prevailing appraisal practices and standards will depreciate the value of neighboring and adjoining premises as aforesaid.
A. 
All structures shall be provided with watertight receptacles with tight-fitting covers sufficient in capacity to hold all refuse, garbage and waste matter from said building or structure, which receptacles shall not be located nor maintained in such manner as to provide the creation of a nuisance or a health nuisance.
B. 
Residential use. All receptacles, containers or bags to be collected from a residential use must be placed where they will be readily accessible to the Sanitation Department.
[1]
Editor's Note: See also Ch. 218, Littering, and Ch. 310, Solid Waste.
Vacant buildings shall be locked, and all windows and doors and other openings shall be kept adequately secured to exclude trespassers.
The Property Maintenance Code Enforcement Officer of the Borough of Woodcliff Lake is hereby designated as the officer charged with the enforcement of this code, and is hereinafter referred to as the "Enforcement Officer." In the event of a vacancy in the office of Property Maintenance Code Enforcement Officer, or in his absence, the Borough Council shall designate an acting Enforcement Officer. All authorized inspectors of the Fire Department, Building Department, Board of Health and Department of Public Works of the Borough of Woodcliff Lake are hereby designated as assistant enforcement officers for purposes of the enforcement of this code; authorized members or persons shall be those members or persons of the various Departments designated by the department head.
Whenever the Enforcement Officer or any assistant enforcement officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be in writing; include a statement of the reasons why it is being issued; be served upon the owner or occupant of the premises or the agent of either of them, provided that such notice shall be deemed to be properly served if a copy thereof is served upon such person personally or sent by certified or registered mail to his last known address or posted in a conspicuous place in or about the premises affected by the notice. Such notice shall also state that unless, within 10 days from service of the notice, a written request is made for a hearing before the Enforcement Officer, said notice shall, at the expiration of such ten-day period, be deemed an order to cease and desist from and to abate the described violation, and such notice shall prescribe a reasonable time within which such person shall be required to cease and desist from and to abate such violation. The notice may also contain an outline of remedial action which, if taken, will affect compliance with the provision of this chapter.
If a hearing is requested pursuant to § 265-19 hereof, it shall be commenced not later than 10 days after request therefor is made, provided that for good cause the Enforcement Officer may postpone such hearing for a reasonable time. If after the hearing the Enforcement Officer finds that no violation exists, he shall withdraw the notice. If he finds that a violation does exist, he shall enter and issue an order requiring the abatement of same within a prescribed reasonable time. The proceedings at such hearing, including the findings and decision of the Enforcement Officer, shall be summarized, reduced to writing and entered in a matter of public record in the office of the Enforcement Officer.
At any hearing held before the Enforcement Officer pursuant to the provisions of this code, the Enforcement Officer shall be vested with all the powers provided by law to issue subpoenas to compel the attendance of witnesses and parties in interest and to require the production of books, records and other documents which may be pertinent to matters to be determined by the Enforcement Officer.
Whenever the Enforcement Officer finds that an emergency exists which requires immediate attention to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Enforcement Officer, shall be afforded a hearing as soon as possible. After such hearing, the Enforcement Officer shall continue such order in effect or modify or withdraw it.
Notwithstanding the provisions of § 265-19 hereof, the Enforcement Officer may, at his election, prosecute violations of any section of this code involving public health or public safety without notice, by the filing of a complaint with the Administrator of the Municipal Court of the Borough of Woodcliff Lake.
Any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
[Added 8-7-2000 by Ord. No. 00-6; amended 9-18-2000 by Ord. No. 00-8]
Nothing in this Chapter 265 shall be construed as requiring proof of loss in property values to sustain a finding that this chapter has been violated, nor is anything in this chapter to be construed as abrogating rights of nonconforming uses or structures, as existing under and defined in Chapter 380, Zoning, of the Code of the Borough of Woodcliff Lake and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Added 10-16-2006 by Ord. No. 06-12]
It shall be unlawful for any person to create graffiti on buildings, structures and other exposed surfaces located within the Borough, or to allow graffiti to remain on his property. Whenever any graffiti is evident on a building, structure or other exposed surface, the owner of the building, structure or other exposed surface shall be deemed to have violated this section, and must remove the graffiti or be subject to enforcement as follows:
A. 
The provisions of this section shall be enforced by the Building Department of the Borough of Woodcliff Lake or its designee. The owner of the property shall be sent a notice of the order to remove the graffiti by certified and regular mail, and the owner shall be afforded 90 days from the date the notice is sent to remove the graffiti.
B. 
An owner who has been ordered to remove graffiti must respond to the municipality by personal delivery or by certified mail regarding an objection to an order within 30 days of the date of the order or provide notice that the graffiti has been removed within 90 days of the date of the order.
C. 
An owner who objects to an order to remove graffiti may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
D. 
Unless an action challenging the order to remove the graffiti is still pending when an order to remove graffiti has been issued, the Borough may remove the graffiti from that property and present a detailed itemization of the costs incurred by the Borough for reimbursement from the property owner.
E. 
If the Borough undertakes the removal of the graffiti from any building, structure or other exposed surface, the governing body, in addition to assessing the cost of removal as a municipal lien against the premises, may enforce the payment of such assessment, together with interest as a debt of the owner of the property and may authorize the institution of an action at law for the collection thereof. The Superior Court shall have jurisdiction over any such action.
[Added 9-21-2009 by Ord. No. 09-15; amended 9-2-2014 by Ord. No. 14-09]
Notwithstanding any other remedy in this chapter, where the abatement of any condition, the correction of a defect in the premises, or the performance of work necessary to place premises in a proper condition, so as to conform to this chapter, or any other ordinance of the Borough or applicable laws of the State of New Jersey, shall not have been completed within the period required by the notice from the Enforcement Officer, the Enforcement Officer shall engage the services of a contractor to perform any and all maintenance required to bring the property in full conformance with this chapter. The full cost of the work, plus a fine not to exceed $2,000 per offense, shall become a lien against the premises, collectible as provided by law. The final statement shall be filed with the Tax Collector of the Borough, who shall be responsible for the collection, and a copy of the report and statement shall be sent by certified mall, return receipt requested, to the owner.