This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Carlstadt, Jan., 2000" and is herein
referred to as the "revision".
Unless otherwise expressly provided or the context is adverse
or inconsistent to such meaning, the following words and phrases,
when used in this revision, shall have the following meaning:
BOROUGH
The Borough of Carlstadt in the County of Bergen, State of
New Jersey.
DEPARTMENT
An organizational unit of the borough government established
or designated by ordinance or this revision as a department, together
with any agency or instrumentality of the borough government assigned
to the organizational unit by the borough council.
LICENSED
Licensed in accordance with the appropriate section or chapter
of this revision.
MONTH
A calendar month unless otherwise specifically provided.
N.J.S.A.
The Revised Statutes of the State of New Jersey, also known
as R.S.
ORDINANCE
Any local legislation heretofore or hereafter adopted, including
this revision, so long as it shall have been adopted by the procedure
required for the adoption of an ordinance and so long as it shall
remain in force and effect pursuant to law.
OWNER
Includes a sole owner and any part owner or joint owner of
the whole or of a part of a building, land or personal property.
PERSON
Any individual, natural person, partnership, joint venture,
society, association, club, trustee, trust, corporation or unincorporated
group or any officer, agent, employee, servant or any kind of personal
representative of any thereof in any capacity, acting either for himself/herself
or for any other person, under either personal appointment or pursuant
to law.
STREET
A street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, sidewalk and crosswalk and every class
of road, square, place or municipal parking field used by the general
public, including the unpaved portion of a right-of-way.
TENANT or OCCUPANT
When applied to a building or land, any person who occupies
all or a part of such building or land, whether alone or with others.
WEEK
Seven consecutive days.
YEAR
A calendar year unless otherwise specifically provided.
For the purpose of this revision and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
words and phrases shall be given their generally accepted meaning.
The present tense includes the past and future tenses and the
future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the
singular.
"And" may include "or" and "or" may include "and".
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed
by excluding the first and including the last day and if the last
day be a Sunday, a legal holiday or a day on which the offices of
the borough are closed, that day shall be excluded.
"Writing" and "written" shall include printing, typewriting
and any other mode of communication using paper or similar material
which is in general use, as well as legible handwriting.
Whenever a specific time is used in this revision, it shall
mean the prevailing and established time in effect in the State of
New Jersey during any day in any year.
"Chapter" shall mean one of the major divisions of the revision
identified by a Roman numeral and divided by subject matter.
"Section" shall mean a major subdivision of a chapter.
"Subsection" shall mean a subdivision of a section identified
by a decimal point.
"Paragraph" shall mean a subdivision under a subsection, identified
by an alphabetical letter or Arabic number.
Titles of chapters, sections, subsections and paragraphs are
for reference only and are not a substantive part of this revision.
Whenever an ordinance that repeals an earlier ordinance or part
thereof is itself repealed, such repeal shall not revive the former
ordinance or part thereof, unless such revival is specifically provided
for.
The seal heretofore provided and used by the Borough is hereby
continued as the official seal of the Borough.
If any chapter, section, subsection or paragraph of this revision
shall be declared to be unconstitutional, invalid or inoperative,
in whole or in part, by a court of competent jurisdiction, such chapter,
section, subsection or paragraph shall, to the extent that it is not
unconstitutional, invalid or inoperative, remain in full force and
effect and no such determination shall be deemed to invalidate the
remaining chapters, sections, subsections or paragraphs of this revision.
In order to establish uniform procedures for those sections
requiring administrative enforcement of abatement notices, the following
will prevail unless specifically designated otherwise.
1-8.1. Violation Notice. Where a violation of this revision is found to
exist, a written notice from the enforcing official shall be served
on the person or persons responsible for the correction thereof.
1-8.2. Contents of Notice. The notice shall specify the location of the property by tax map reference, the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order in 10 days after service unless a hearing is request pursuant to subsection
1-8.4. The notice shall also advise the recipient that if the violation is found to be harmful to the health and safety of the occupants and the general public and is not corrected or abated, the borough may do same, the cost of which shall become a lien on the subject property.
1-8.3. Service of Notice. Notice may be served personally or by mail, certified
return receipt requested, addressed to the last known address of the
person to be served. Where it is ascertained that the owner does not
reside on the premises, the "last known address" shall be the address
of the owner as shown in the office of the tax collector. Service
upon an owner or operator may also be attained by personal service
of any notice upon a member of the family of the owner or operator
over the age of 14 years, residing with the owner or operator.
If the whereabouts of the person to be served is unknown and
the same cannot be ascertained by reasonable diligence, the serving
of such notice upon such persons may be made by publishing the same
once each week for two successive weeks in a newspaper printed and
published in the Borough of Carlstadt or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
Borough of Carlstadt. A copy of such notice shall be posted in a conspicuous
place on the premises affected by the notice and a copy of such notice
shall be duly recorded or lodged for record in the office of the borough
clerk.
Where the manner of service of notice for a particular type
of matter is prescribed by a state statute in a manner different from
above, then such statutory provision shall be applicable to the service
of the notice in question, notwithstanding the provisions of this
section.
1-8.4. Hearing. Within 10 days of the date of service of a notice, the notice
shall constitute a final order, unless any person affected by the
notice requests a hearing thereon and serves a written request within
the ten-day period, in person or by mail, to the borough clerk. Such
request for a hearing shall set forth briefly the grounds or reasons
on which the request for a hearing is based and the factual matters
contained in the notice of violation which are to be disputed at the
hearing. The borough clerk, upon receipt of the request, shall, within
45 days therefrom and upon five days notice to the party aggrieved,
set the matter down for hearing.
1-8.5. Appointment of Hearing Officer. The borough council, upon request
for a hearing, shall appoint a hearing officer who shall conduct the
hearing, evaluate the evidence presented and render a decision.
1-8.6. Evidence and Counsel. The rules of evidence shall not be controlling
in these hearings. All parties to the hearing may appear in person
or by attorney and give testimony.
1-8.7. Determination. At any hearing provided hereunder the hearing officer
shall be vested with all the powers provided by law to compel the
attendance of witnesses and parties in interest by issuance and service
of subpoena, to require by subpoena the production of books, records
or other documents at any such hearing which may be pertinent to matters
to be determined by him/her and to enforce any such subpoena as provided
by law. Determination shall be made within 10 days from the completion
of the hearing. The hearing officer shall issue an order either incorporating
the determinations and directions contained in the notice, modifying
the same or withdrawing of the notice.
1-8.8. Extension of Time. The hearing officer may extend the time for correction
or abatement of the violations for an additional period of time not
to exceed 30 days, except where major capital improvements or renovations
are involved, in which instance the time for completion may be extended
for a period not to exceed 90 days beyond the expiration date of the
original notice.
1-8.9. Immediate Action in Case of Emergency. Where the violation or condition
existing on the premises are of such a nature as to constitute an
immediate threat to public health or life and limb unless abated without
delay, the enforcement official may either abate the violation or
condition immediately thereafter.
1-8.10. Lien Against Property. Where abatement of any nuisance, as defined
in subsection 12-5.2, correction of a defect in the premises or the
maintenance of the premises in a proper condition so as to conform
to municipal ordinances or state law applicable thereto involves a
condition harmful to the health and safety of the occupants or the
general public and requires expending borough moneys to correct it,
the enforcing officer shall present a report of work proposed to be
done to accomplish the foregoing to the borough council with an estimate
of the cost thereof, along with a summary of the proceedings undertaken
by him/her or under his/her directions to secure compliance, including
notices served upon the owners, operators, lessors or agents, as the
case may be, and summaries of hearings and copies of orders of the
borough with reference thereto. The borough council may thereupon
order the abatement of the nuisance, correction of the defect or any
work necessary to place the premises in proper condition and in compliance
with ordinances of the borough and laws of the state, by resolution
adopted after notice and hearing to the owner in the manner provided
above to the extent applicable. The borough may thereafter proceed
to have the work performed in accordance with such resolution at borough
expense, not to exceed the amount specified in the resolution. Upon
completion thereof, the borough council may, by resolution, approve
the expenses and costs, whereupon the same shall become a lien against
the premises, collectible as provided by law. A copy of the resolution
approving the expenses and costs shall be certified by the borough
clerk and filed with the tax collector of the borough, who shall be
responsible for the collection thereof, and a copy of the resolution
shall be sent by certified mail to the owner.
1-8.11. Emergency Costs to be a Lien. If the borough incurs costs for emergency
abatement as provided in subsection 1-8.9, the enforcing officer shall
present to the borough council a report of the work done and the cost
thereof with a summary of the proceedings undertaken and the reasons
for the emergency abatement. The borough council, after notice and
hearing to the owner in the manner provided above to the extent applicable,
may by resolution approve the costs whereupon the same shall become
a lien against the premise collectible as provided by law.
1-8.12. Court Proceedings. Notwithstanding the foregoing provisions, violations
of any provision of this section may be prosecuted without the prior
notices and hearings required by this section by the filing of a complaint
by the borough, or a person designated by it, in the municipal court,
it being the intention that the remedies and penalties provided herein
shall be cumulative and not exclusive.
The provisions of section 1-8 regarding conduct of hearings
and appointment of a hearing officer shall also apply to appeals for
hearings by the borough employees relative to disciplinary charges
filed or sanctions imposed against such employee by supervisory personnel.
[Added 7-21-2021 by Ord. No. 21-8]
1-10.1. Adoption
of Revised General Ordinances. Pursuant to N.J.S.A. 40:49-4, the ordinances
of the Borough of Carlstadt of a general and permanent nature adopted
by the Mayor and Council of the Borough of Carlstadt, as revised,
codified and consolidated into chapters and sections, and consisting
of Chapters 1 through XXI, are hereby approved, adopted, ordained
and enacted as the "Revised General Ordinances of the Borough of Carlstadt,
2002, hereinafter known and referred to as the "2002 Revision."
1-10.2. Revision
supersedes prior ordinances. This ordinance and the 2002 Revision
shall supersede all other general and permanent ordinances enacted
prior to the enactment of this 2002 Revision, except such ordinances
as are hereinafter expressly saved from repeal or continued in force.
1-10.3. When
effective. This ordinance shall take effect immediately upon passage
and publication according to law.
1-10.4. Copy
of Revision on file. A copy of the 2002 Revision in loose-leaf form
has been filed in the office of the Borough Clerk and shall remain
there for use and examination by the public until final action is
taken on this ordinance; and, if this ordinance shall be adopted,
such copy shall be certified to by the Clerk of the Borough of Carlstadt
by impressing thereon the Seal of the Borough, as provided by law,
and such certified copy shall remain on file in the office of the
Clerk of the Borough, to be made available to persons desiring to
examine the same during all times while said Code is in effect.
1-10.5. Amendments
to Revision. Any and all additions, amendments or supplements to the
Revision, when passed and adopted in such form as to indicate the
intent of the governing body to make them a part thereof, shall be
deemed to be incorporated into such Revision so that reference to
the "Revised General Ordinances of the Borough of Carlstadt, 2002,"
shall be understood and intended to include such additions and amendments.
Whenever such additions, amendments or supplements to the 2002 Revision
shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the loose-leaf book containing said 2002 Revision
as amendments and supplements thereto.
1-10.6. Publication;
filing. The Clerk of the Borough of Carlstadt, pursuant to law, shall
cause this Adopting Ordinance to be published, in the manner required,
in a newspaper of general circulation in the Borough. Sufficient copies
of the 2002 Revision shall be maintained in the office of the Clerk
for inspection by the public at all times during regular office hours.
1-10.7. Revision
to be kept up-to-date. It shall be the duty of the Clerk or someone
authorized and directed by the Clerk to keep up-to-date the certified
copy of the book containing the 2002 Revision required to be filed
in his or her office for the use of the public. All changes in said
2002 Revision and all ordinances adopted subsequent to the effective
date of this codification which shall be adopted specifically as part
of the 2002 Revision shall, when finally adopted, be included therein
by reference until such changes or new ordinances are printed as supplements
to said 2002 Revision, at which time such supplements shall be inserted
therein.
1-10.8. Sale
of Revision. Copies of the 2002 Revision, or any chapter or portion
of it, may be purchased from the Clerk, or an authorized agent of
the Clerk, upon the payment of a fee to be set by the Mayor and Council.
The Clerk may also arrange for procedures for the periodic supplementation
of the 2002 Revision.
1-10.9. Altering
or tampering with Revision; penalties for violation. It shall be unlawful
for anyone to improperly change or amend, by additions or deletions,
any part or portion of the 2002 Revision or to alter or tamper with
such 2002 Revision in any manner whatsoever which will cause the law
of the Borough of Carlstadt to be misrepresented thereby. Anyone violating
this section or any part of this ordinance shall be subject, upon
conviction, to one or more of the following: a fine of not more than
$1,000, imprisonment for not more than 90 days or a period of community
service not exceeding 90 days, in the discretion of the Judge imposing
the same.
1-10.10. Severability
of Revision provisions. Each section of the 2002 Revision and every
part of each section is an independent section or part of a section,
and the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
1-10.11. Severability
of ordinance provisions. Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
1-10.12. Inconsistent
ordinances repealed. All ordinances or parts of ordinances inconsistent
with the provisions contained in the 2002 Revision adopted by this
ordinance are hereby repealed; provided, however, that such repeal
shall only be to the extent of such inconsistency, and any valid legislation
of the Borough of Carlstadt which is not in conflict with the provisions
of the Revision shall be deemed to remain in full force and effect.
1-10.13. Ordinances
saved from repeal. The adoption of this Revision and the repeal of
ordinances provided for in Section 1-12 of this ordinance shall not
affect the following ordinances which are hereby expressly saved from
repeal:
a. Any ordinance
adopted subsequent to Ordinance No. 02-23.