Borough of Alpha, NJ Property Maintenance

A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Alpha, being marked and designated as the BOCA National Property Maintenance Code, Fourth Edition, 2018 as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Alpha, in the State of New Jersey, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 302-2 of this chapter.

§ 302-2 Additions, insertions and changes.

The BOCA National Property Maintenance Code is amended and revised in the following respects:

Section PM-101.1, Title (page 1, second line): insert "Borough of Alpha."

Section PM-103.5, (page 2): insert "No fees currently associated with property maintenance."

Section PM-112.4, (page 7): insert "not less than $50 or more than $2,000."

Section PM-302.4, (page 11): insert "eight inches."

Section PM-304.14, (page 13): insert "from 4/1 to 11/1."

Section PM-602.3, (page 23): insert "from 11/1 to 5/1."

Section PM-602.4, (page 23): insert "from 11/1 to 5/1."

Article II Maintenance of Sidewalks, Driveways, Weeds and Trees

[Adopted 10-28-2008 by Ord. No. 2008-14]

§ 302-3 Sidewalks and driveways.

All sidewalks, walkways, stairs, driveways, parking spaces and similar paved areas shall be kept in a proper state of repair, free of all snow, ice, mud, debris, overhanging trees and shrubs which obstruct the walkways and shall be maintained free from hazardous conditions. If any sidewalk or driveway or portion thereof by virtue of its state of repair shall constitute a danger to public health and safety, the sidewalk or driveway or portion thereof shall be repaired or replaced. Steps shall comply with the dimensional requirements for exterior stairways. Sidewalks that are heaved or cracked with loose concrete or having open holes will constitute a violation. Sidewalks heaved greater than one inch must be reset level or replaced. Sidewalks heaved at or less than one inch may be filled in and blended with the adjacent sidewalk. Blended areas shall have a maximum slope of 1:6 pitch. It shall be the responsibility of the property owner to maintain the sidewalks, curbs and gutters in the public right-of-way which front or border their property.

§ 302-4 Weeds and trees.

[Amended 6-10-2014 by Ord. No. 2014-08]

All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches (203.2 mm). All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. The property owner shall ensure that trees growing on his or her property do not create a hazardous condition on their property or directly upon an abutting or adjacent property, including public rights-of-way and highways, over which his or her tree(s) has/have grown. A hazardous condition will be deemed to exist if the tree is decayed or dead or its branches touch a structure or interfere with any utility wire or hang less than 13 feet above the surface of a street or sidewalk. It shall be the responsibility of the property owner to cut and maintain the grass strip and eliminate any hazardous conditions upon his/her property or on the public right-of-way which fronts or borders his/her property.

§ 302-5 Public tree care; removal of injurious trees.

[Amended 6-10-2014 by Ord. No. 2014-08]

The Borough shall have the right, after notification to property owners, to plant, prune, maintain and/or remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

The Borough may remove or cause or order to be removed any tree or part thereof which is in any unsafe condition or which by reason of its nature is injurious to sewer lines, gas lines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest.

The Borough may provide notice to each property owner whose property contains hazardous conditions thereon or extending into or on the public right-of-way, as herein described above, by doing so by personal service or certified mail, return receipt requested. Upon notice the property owner shall have 10 days to abate the condition, or at that point, the Borough may take the appropriate action and charge the property owner or add an assessment to the property or the property's tax bill. Nothing in this subsection shall preclude the property owner from being charged and convicted of violating this article.

§ 302-6 Violations and penalties.

Any person who shall violate any of the provisions or regulations of this article shall, upon conviction, be punished as provided in the Borough Code and according to the applicable New Jersey law. Each day that such violation continues shall constitute a separate offense.