Title One of the Revised Statutes of New Jersey contains definitions and rules of construction for terms used in the New Jersey Statutes.
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.
CLERK or BOROUGH CLERK
The municipal clerk duly appointed pursuant to law.
COUNCIL or BOROUGH COUNCIL
The mayor and members of council of the borough.
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.
PRECEDING and FOLLOWING
Next before and next after, respectively.
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.
1-7.1. 
Maximum Penalty. For violation of any provision of any chapter, any other chapter of this revision or any other ordinance of the Borough where no specific penalty is provided regarding the section or sections violated, the penalty shall, upon conviction, be one or more of the following:
a. 
A fine not exceeding $2,000.
b. 
Imprisonment for a period not exceeding 90 days.
c. 
A period of community service not exceeding 90 days.
1-7.2. 
Separate Violations. Except as otherwise provided, each and ever day in which a violation of any provision of this chapter or any other ordinance of the Borough exists than constitute a separate violation.
1-7.3. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
1-7.4. 
Suspension or Revocation of License or Permit. In addition to the penalty set forth in this section, any license or permit issued in accordance with the terms of this revision may be suspended or revoked for any violation relating to such license or permit.
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.