[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington as indicated in article histories. Amendments noted where applicable.]
Certificate of continued occupancy — See Ch. 178.
Uniform construction codes — See Ch. 185.
Fire prevention — See Ch. 212.
Floodplain management — See Ch. 220.
Graffiti — See Ch. 231.
Junkyards — See Ch. 245.
Littering — See Ch. 250.
Scavengers — See Ch. 289.
Sewers — See Ch. 296.
Soil removal — See Ch. 310.
Solid waste — See Ch. 313.
Stormwater control — See Ch. 320.
Streets and sidewalks — See Ch. 325.
Trailers and camp cars — See Ch. 344.
Water — See Ch. 355.
Zoning — See Ch. 365.
Brush, grass and weeds — See Ch. 380.
Sanitation — See Ch. 396.
[Adopted 3-8-1979 by Ord. No. 79-2 (Ch. 245 of the 1992 Code)
This article shall be known as the "Property Maintenance Code of the Borough of Wallington" and may be referred to in this article in the short form as "this article."
It is hereby found and declared that there exist in the Borough buildings and premises used for residential and nonresidential purposes which are or may become substandard with respect to structural integrity, equipment or maintenance and, further, that such conditions, including but not limited to structural deterioration, lack of exterior maintenance, infestation, lack of minimal essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding, constitute a menace to the health, safety, welfare and reasonable comfort of the citizens and inhabitants of the Borough of Wallington. It is further found and declared that there are certain problems endemic to multiple dwellings and certain greater protections are necessary.
The purpose of this article is to protect the public health, safety and welfare by establishing standards governing the maintenance, condition and occupancy of premises situated in the Borough used or intended to be used or designed to be used, in whole or in part, for residential and nonresidential purposes; to establish standards governing utilities, facilities and other physical components and conditions essential to make such premises fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities upon occupants; to prevent blighting conditions; to authorize and establish procedures for the inspection of such premises; to correct violations or to fix penalties for the violations of this article; and to provide for the right of access across adjoining premises to permit repairs. This article is hereby declared to be remedial and essential for the public interest, and it is intended that this article be liberally construed to effectuate the purposes as stated herein.
Every building and the premises on which it is situated in the Borough, used or intended to be used or designed to be used, in whole or in part, for residential and nonresidential purposes, as limited herein, including two-family non-owner-occupied houses and any other building housing three or more dwelling units, shall comply with the provisions of this article, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this article and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises, for the construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this article. This article establishes standards for the maintenance of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon except as provided in § 276-5 hereof. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provisions of both this article and the building, zoning and other applicable ordinances of the Borough.
In any case where the provisions of this article impose a higher standard than that set forth in any other ordinance of the Borough or law of the State of New Jersey applicable thereto, then the standards as set forth herein shall prevail, but if the provisions of this article impose a lesser standard than such other ordinance of the Borough or law of the State of New Jersey, then the higher standard contained in such other ordinance or law shall prevail.
Issuance and renewal of other permits and licenses. After the date of enactment hereof, all licenses, permits and certificates of occupancy relating to such buildings and premises which may be issued or renewed pursuant to any other ordinance of the Borough may be issued or renewed only upon compliance with this article as well as compliance with the ordinance under which such licenses and permits may be granted or renewed.
Enforcement and compliance with other ordinances. Compliance with this article shall not constitute a defense against the violation of any provision of any other ordinance of the Borough or law of New Jersey applicable to any building or premises.
Owner and operator. Owners and operators shall have all the duties and responsibilities as prescribed in this article and the regulations promulgated pursuant thereto, unless specifically set forth to the contrary, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
Occupant. Occupants shall have all the duties and responsibilities as prescribed in this article and all the regulations promulgated in connection therewith, and the occupant shall not be relieved from any such duty or responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
Contract not to alter responsibilities. Unless expressly provided to the contrary in this article, the respective obligation 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 their parties.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- ABANDONED MOTOR VEHICLE
- A motor vehicle exposed to public view which does not have a valid registration and license plate and has no inspection sticker or an inspection sticker which has elapsed for more than 30 days or has been inoperative for more than 30 days because of the lack of essential components such as engine parts or wheels.
- Any enclosed space which contains one or more of the following, i.e., a bathtub, shower, water closet, lavatory, water-closet compartment, washbowl, sink or fixtures serving similar purposes.
- Any building in which there are one or more independent rooms for sleeping, whether furnished or unfurnished, available for occupancy by five or more persons for compensation and where there are not individual eating facilities. Such buildings shall be governed by the provisions applicable to multiple-family dwellings.
- The Borough of Wallington, County of Bergen, State of New Jersey.
- A combination of materials intended to form a safe and stable structure, used for multiple-dwelling residential purposes and including any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.
- The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or lacking structural maintenance, whether interior or exterior.
- DWELLING UNIT
- Any room or group of rooms forming a single habitable unit which includes or is intended to include living, sleeping, bathing, toilet and cooking facilities.
- EXPOSED TO PUBLIC VIEW
- Any building or premises or part thereof which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway, parking lot or from any adjoining or neighboring premises.
- EXTERIOR OF PREMISES
- Those portions of a building which are exposed to public view or the elements and the open space of any premises not occupied by any building.
- Animal, vegetable and other organic waste resulting from the handling, preparing, cooking and consumption of food or other products. (See also the definitions of "refuse" and "rubbish.")
- HABITABLE ROOM
- A room occupied by one or more persons for living, eating or sleeping but not including bathrooms, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, boiler and utility rooms or spaces that are not used frequently or for an extended period of time or areas that have less than 50 square feet of floor area.
- The presence of insects, rodents, vermin or other pests on or within the premises.
- JUNK VEHICLE
- Any vehicle which is without a currently valid license plate
or plates and is in a rusted, wrecked, discarded, dismantled, inoperative
or abandoned condition. A junked vehicle shall be classified as to
its condition in one of the two following categories:[Added 9-8-1994 by Ord. No. 94-26]
- MIXED OCCUPANCY
- Any building containing two or more dwelling units and also having a portion thereof devoted to nonresidential uses. The applicable provisions for residential and nonresidential buildings shall control.
- MULTIPLE-FAMILY DWELLING
- A building designed for, arranged for or actually containing two or more dwelling units for residential purposes. An owner-occupied two-family house is not a "multiple-family dwelling" for the purposes of this article.
- Refers only to the nondwelling use of a mixed-occupancy building.
- (1) Any public nuisance known at common law or in law or equity jurisprudence or as provided by the Statutes of the State of New Jersey or the ordinances of the Borough.
- (2) Physical conditions dangerous to human life or detrimental to the health of persons, including but not limited to any inadequately protected well, shaft, basement or excavation, abandoned motor vehicle, structurally unsound fence, wall or building, lumber, trash, debris or vegetation such as poison ivy, poison oak, poison sumac or ragweed or other condition which is or may be detrimental to the safety or health of persons, as well as anything which might constitute an attractive nuisance to children.
- (3) Inadequate or unsanitary sewerage or plumbing or heating facilities in violation of this article.
- (4) Fire hazards.
- (5) Electrical hazards.
- Any person or persons, including the owner, having actual possession of and using a building or any part thereof.
- Any person who has charge, care or control of a building or premises or any part thereof, whether acting with or without the knowledge and consent of the owner.
- Any person who, alone or jointly or severally with others, 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 executor, administrator, trustee, receiver or guardian of an estate or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee, a sublessee or assignee of all or any part of the building shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by such lessee.
- A lot, plot or parcel of land and any buildings located thereon, including but not limited to sidewalks, yards and parking areas.
- All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to brush, weeds, broken glass, debris of any description, garbage, rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles and solid market and industrial wastes.
- Combustible and noncombustible waste materials, excluding garbage but including liquid commercial and industrial wastes.
- The deterioration, decay or damage caused by exposure to the elements.
Meanings of certain words. Whenever in describing or referring to any person, party, matter or thing any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person and to females as well as males and to bodies corporate as well as individuals and to several matters and things as well as one matter or thing. The word "shall" shall be applied retroactively as well as prospectively.
Applicability. All of the provisions contained in this section shall be applicable to both residential and nonresidential premises. For the purpose of providing emergency response of police, fire and any other emergency services, the exterior of each and every building, including residential, business and/or commercial, shall have the appropriate address number as provided by the United States Postal Service permanently displayed on the outside of each structure in numbers at least four inches tall, and such number of the building or structure shall be unobstructed and clearly visible from a distance of the center of the street directly in front of the building and/or structure.
[Amended 9-25-2003 by Ord. No. 2003-16]
Nuisances and hazards. The exterior of any premises shall be kept free of refuse, nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions. It shall be the duty of the owner or operator to keep the premises free of or remove, abate and correct the premises against such conditions, which include but are not limited to the following:
Defective chimneys and flue and vent attachments thereto. Chimneys and flue and vent attachments thereto, if used, shall be maintained structurally sound and free from defects and so maintained as to capably perform at all times the functions for which they were designed and constructed. Chimneys, flues, gas vents and other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment and shall be structurally safe, durable, smoketight and capable of withstanding the temperature and action of flue gases.
Unsafe exterior porches, landings, balconies, stairs and fire escapes. In all buildings other than one-family dwellings, exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and kept structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.
Hazardous natural growth which creates an unsightly appearance. Trees and limbs or other natural growth which constitutes a hazard or may be dangerous to persons in the vicinity thereof.
Overhangings. Loose, overhanging and projecting objects which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof.
Dangerous unsanitary conditions. Holes, excavations, breaks, projections, icy conditions, uncleared snow, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.
Recurring accumulation of stormwater; erosion. Adequate runoff drains shall be provided and maintained in accordance with applicable Borough ordinances to eliminate recurrent accumulations of stormwater or surface water runoff on to the property of another.
[Amended 12-20-1993 by Ord. No. 93-19]
Defective walls. Foundation walls and retaining walls shall be kept structurally sound, free from defects and damage, and capable of sustaining imposed loads safely.
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 be so maintained as not to constitute a nuisance or a safety hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. Where such awning or marquee is exposed to public view, it shall be maintained in good condition and shall not show evidence of excessive weathering, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.
Sidewalks, driveways, etc. All 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.
Waterways and brooks, etc. 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 free of obstructions which would impede the natural flow of water.
Junk vehicles, as described herein, not stored in the front yard or in the side yard. Wrecks shall not be exposed to public view.
[Added 9-8-1994 by Ord. No. 94-26]
Repair and maintenance. The exterior of every building or accessory building (including fences) shall be maintained in good repair. It shall be maintained free of conditions reflective of extensive deterioration and subnormal maintenance characterized by such conditions as numerous broken panes of glass, openings unprotected by doors or windows, loose or missing siding or roof coverings affecting 15% or more of the outside surface, numerous instances of rotting wood or crumbling stones or bricks or defective or inoperable leaders or gutters which permit water damage to the property, to the end that the property itself may be preserved, safety and fire hazards eliminated and the general welfare of the neighborhood protected.
Removal of refuse. If the owner or operator of any lands or buildings in the Borough shall fail or neglect to remove refuse within 10 days after notice to remove the same in the manner and within the time provided, the public officer may, in addition to such other remedies provided herein, cause the same to be removed by the Borough. In such cases, the public officer shall certify the cost thereof to the Mayor and Council, which shall examine the certificate and, if found correct and reasonable, shall, by resolution, approve the cost as shown thereon to be charged against said lands. The amount so charged shall become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced in the same manner as are taxes.
There are hereby incorporated by reference the provisions of Title 5, Chapter 10, Subchapter 19 of the New Jersey Administrative Code, which sets forth the standards for maintenance for the safety, health and welfare of occupants of multiple dwellings. Nothing herein shall modify said provisions in the event that said provisions provide stricter standards.
Where more than one building on adjoining premises or premises in near proximity to each other is in common ownership or under common management or maintenance supervision, the requirements contained herein shall apply separately to each building unless the owner or manager thereof can demonstrate to the satisfaction of the public officer that proper operation of the premises is provided and all essential services and facilities as required by the Borough can be provided by a resident superintendent, janitor, caretaker or housekeeper of one building who shall assume responsibility for the other building or buildings adjoining or in near proximity to his place of residence. The governing body of the Borough of Wallington shall have the authority to suspend the enforcement of this subsection for a period not exceeding one year from the effective date of this article upon written application from the owner or operator of an existing building for good cause shown.
The failure of any superintendent, janitor, caretaker or housekeeper to comply with the provisions of this article, even in disobedience of instructions, shall not relieve the owner or operator from the duties and responsibilities imposed by this article.
All residential and nonresidential buildings and premises. All parts of all premises shall be kept free of nuisances or other conditions which may constitute health, safety or fire hazards. The owner, operator or occupant of every building and its premises shall, along with other responsibilities necessary to attain these objectives:
Maintain all parts of premises to prevent infestation.
Not store on the premises flammable, combustible or explosive materials unless they are of a type approved for storage by municipal regulations and then only in such quantities and in such fireproof storage containers as may be prescribed by the Fire Prevention Bureau.
Unless otherwise provided by law, provide at least one twenty-gallon watertight receptacle with a tight-fitting cover or equivalent in total gallonage for each dwelling unit for the temporary storage of garbage. These containers shall be placed or kept on the property not nearer to the street than the building line, accessible for private or municipal collection. Privately collected garbage shall be collected at least twice a week.
Place rubbish and receptacles containing the same in areas designated by the public officer of the Department of Public Works for collections. Rubbish shall not be placed in such designated areas earlier than 5:00 p.m. of the day prior to scheduled collections, and the empty receptacles shall be removed to areas not exposed to public view within 12 hours after the collection. Under unusual circumstances, such as the need to move heavy items when the required personnel are available, certain items may be placed in the designated area earlier than the time prescribed above. The frequency and duration of such exceptions shall be kept to a minimum, and repeated abuse of this exception will be considered a violation.
In addition to the standards and regulations set forth in this article, which standards and regulations are incorporated by reference in this section as if set forth at length herein, the following additional standards and regulations shall apply to mixed-occupancy buildings and premises:
Storage of commercial and industrial material. There shall not be stored or used at a location exposed to public view equipment and materials relating to commercial or business uses.
Standards of maintenance. The exterior of mixed-occupancy buildings and premises shall be maintained so that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties.
Signs and billboards. All permanent signs and billboards exposed to public view permitted by Borough ordinance and regulated by the Sign Ordinance or other regulations shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
Repair and painting of exteriors of buildings. All storefronts and the exteriors of all mixed-occupancy buildings shall be kept in good repair and painted where required or otherwise provided with protective treatment sufficient to prevent deterioration and shall not constitute a safety hazard or nuisance.
Every dwelling unit having its own cooking facilities shall contain a minimum floor area of 250 square feet for the initial occupant and 75 square feet for each additional occupant, except that for the purpose of this subsection children under one year of age shall not be counted as occupants.
Occupancy of dwelling units having only one habitable room shall be limited to two persons. Children under one year of age shall not be counted as occupants.
Occupants shall not, after notice as required hereunder, occupy or continue to occupy premises which are substandard by reason of the failure of the dwelling unit occupied by them or of the building or premises to conform to and comply with the requirements hereunder.
The owner or operator shall, prior to leasing any dwelling unit, ascertain the number of persons that shall occupy each dwelling unit. If the number of persons exceeds the requirements of this article, the owner or operator shall not permit such persons to occupy the dwelling unit.
If at any time it is ascertained that the number of occupants in a dwelling unit exceeds the requirements of this article, causing a violation thereof, the owner or operator shall, upon receipt of a notice of violation, take all steps necessary to eliminate said violation. If the owner or operator is unable to eliminate the violation by peaceable means within the period of time specified in said notice, he shall commence within such period legal action to dispossess, evict or eject the occupants who cause the violation. No further action hereunder shall then be taken against the owner or operator so long as such legal action is pending in court and is prosecuted expeditiously and in good faith.
When required. No owner or operator of a multiple-family dwelling shall permit the occupancy of a dwelling unit by a tenant not previously occupying said dwelling unit without first obtaining an inspection certificate from the public officer. All inspections required hereunder shall be made within five days after receipt of a written request from the owner or operator.
Issuance of certificates. An inspection certificate shall be issued by the public officer only after examination of the dwelling unit and favorable findings as to matters which are embraced in this article and other applicable laws of the Borough and State of New Jersey.
Application and fees. Application for an inspection certificate shall be submitted, in writing, by the owner to the public officer accompanied by a fee of $10. In the event that reinspection is required by reason of a failure to comply with the terms of this article or any other law, the applicant shall submit an additional fee of $10 prior to each subsequent inspection. This cost shall not be passed on to the prospective tenant.
Occupancy pending repairs.
If, in the opinion of the public officer, only minor violations are found to exist after inspection, a new occupant may be permitted to conditionally occupy the dwelling unit. Where a dwelling unit is occupied prior to the issuance of an inspection certificate, the owner or operator shall make all required repairs within 15 days after certified mailing or delivery of written notification from the public officer. Such occupancy, however, shall at all times be subject to the issuance of an inspection certificate. Where occupancy has been permitted under this provision, the owner or operator shall obtain a signed statement from the occupant acknowledging that such occupancy is subject to an inspection certificate and granting permission to the public officer to enter into the premises at a later date for the purpose of reinspection.
"Minor violations" shall be construed to mean violations not exceeding a total cost of $200 in repairs and which do not present an immediate danger to the health, safety or welfare of the occupant.
Identification and conduct of inspectors. The public officer or his agent acting as an inspector shall be supplied with official identification and shall exhibit such identification when entering any dwelling unit, building or part thereof subject to this article. Such persons making inspections shall conduct themselves as to avoid intentional embarrassment or inconvenience to the occupant. The purpose of the visit shall be explained to the occupant.
The Borough Council shall designate the public officer, who shall serve for a term of one year, to exercise the powers prescribed by this article and by the laws of the State of New Jersey. The public officer may appoint or designate such other public officials or employees of the Borough or appropriate experts who have such background and training necessary to perform such of his functions and powers under this article as he deems necessary for its enforcement.
All nonresidential and public areas of multiple-family dwellings and premises within the Borough covered by this article shall be subject to inspection from time to time by the public officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the public officer is hereby authorized to enter, with the express consent of the occupant, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the persons in possession.
If the public officer is denied the right of inspection he may, upon affidavit establishing good cause, apply to the Municipal Court or such other court of competent jurisdiction for a search warrant to permit entry into the premises in question.
Where a violation of this article is found to exist or upon petition of at least five Borough residents and investigation by the public officer, a written notice from the public officer shall be served on the person or persons responsible for the correction thereof.
The notice shall specify the violation or violations committed, what must be done to correct or abate the same, a reasonable period of time not to exceed 30 days to make such corrections, the right of the person served to request a hearing and that the notice shall become an order of the public officer 10 days after service unless a hearing is requested pursuant to this section. The thirty-day time limit set forth herein shall not be effective where specific time limits are set forth in other sections of this article.
Notice may be served personally on an owner, operator or occupant or agent for the owner or operator as set forth in § 276-8 of this article. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place upon the premises, where the owner or lessor has failed to register, pursuant to § 276-8. Where the notice is directed to an occupant, service may also be made by posting the same on the door or entrance to the area he occupies.
Ten days from 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 served a written request within the ten-day period in person or by mail on the public officer. 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 public officer, upon receipt of the request, shall within 30 days therefrom, and upon five days' notice to the party aggrieved, set the matter down for hearing.
At any hearing required hereunder, a hearing board shall conduct and decide issues presented to it. Said hearing board shall consist of the following members, of which three members shall constitute a quorum:
The Building Inspector if not also the public officer.
[Amended 12-20-1993 by Ord. No. 93-19]
A member of the Wallington Fire Department or the Wallington Auxiliary Fire Department.
[Amended 9-8-1994 by Ord. No. 94-27]
A member of the Board of Health.
One citizen of the Borough who shall be appointed by the Mayor with the consent of the Council for a term of one year.
One member of the governing body.
Two alternate members shall be appointed by the Mayor and Council each for a term of one year. Said alternate members may participate in the discussions and the proceedings of the board but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member may vote, alternate number one shall vote.
[Amended 11-20-1997 by Ord. No. 97-25]
The hearing board 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 subpoenas, 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 it and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. A determination shall be made within 10 days from the completion of the hearing. The hearing board shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
The public officer or the hearing board, where necessary, 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.
Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the public officer may either abate the violation or condition immediately or order the owner, operator or occupant to abate the violation or condition within a period of time not to exceed three days, and upon failure to do so, the public officer shall abate the condition immediately thereafter.
Where abatement of any nuisance, as nuisance is defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to comply with the requirements of any municipal ordinances or state law applicable thereto requires expending Borough moneys therefor, the public officer shall present a report of the work proposed to be done to accomplish the foregoing to the Mayor and Council with an estimate of the cost thereof, along with a summary of the proceedings undertaken by the public officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearings and orders of the hearing board with reference thereto. The Mayor and Council may thereupon, by resolution, authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the Borough and laws of the state. The public officer may thereafter proceed to have the work performed in accordance with said resolution at Borough expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and costs to the Mayor and Council. After review of the same, the Mayor and Council may approve said expenses and costs, and they shall become a lien against said premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as are taxes. A copy of the resolution approving said expenses and costs shall be certified by the Mayor and Council and filed with the Tax Collector, and a copy of this report and resolution shall be sent by certified mail to the owner.
Public officer may act as custodian. In addition to other remedies provided herein, where the public officer has issued an order requiring the abatement of the nuisance, correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to the ordinances of the Borough and laws of the state applicable thereto and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the public officer may, for the purposes of correcting any of the foregoing conditions, act as custodian of any building or structure and may, as custodian, enter into and take care of the premises and supervise the abatement of any nuisance, correction of a defect or placing of the premises in compliance with municipal ordinances and state laws. For the performance of the duties of custodian, the Borough shall receive for the services from the owner, operator and lessor of the premises compensation approved by the Mayor and Council not exceeding $5 a day per dwelling unit or $30 a week per dwelling unit in the premises, whichever is less, as costs and expenses, the same to be certified and collected as provided in § 276-17H hereof.
Appointment of receiver. Where the owner, operator or lessor of the building who is required to register hereunder violates this article or any other municipal ordinance pertaining to said structure or fails to abate any violation of this article or violates an order of the public officer with respect thereto, the Borough Attorney, upon resolution duly approved by the Mayor and Council, shall commence an action in the Superior Court seeking appointment of the public officer as receiver ex officio of the rents and income from said property. Said rents and income shall be collected by said receiver and shall be:
Expended and allocated to secure compliance with the ordinances of the Borough and laws of the state as set forth in the order of the public officer.
Utilized to defray such costs and expenses of the receivership as may be adjudged by the Superior Court.
Applied towards payment to the Borough of any fines or penalties with costs which may have been imposed on the owner, operator or lessor for violation of the ordinances of the Borough and which have remained unpaid.
Who may apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this article without having right of access to the building or premises through or across adjoining premises not owned by him or under his control and where right of access has been refused the owner, operator or occupant or where the owner or person responsible for granting permission cannot be found or located, then, upon filing an affidavit setting forth the facts with the public officer, the public officer shall serve a five-day written notice of hearing in accordance with the provisions for service contained in this article upon the owner, operator or occupant of any adjoining premises affected by the application.
Hearing. On the day fixed for hearing, the public officer shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access shall not be granted across such adjoining properties.
Issuance; conditions. If the public officer determines that access is necessary to accomplish or complete repairs or improvements necessary for compliance with this article, then the public officer shall issue a certificate of necessity setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect the adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the public officer deems proper, that a bond shall be procured at the expense, if any, of the person seeking access to secure the adjoining property against damage to persons or property arising out of such right of access. The bond shall not exceed in amount $10,000, and the amount set shall take into consideration the extent, nature and duration of the repairs, the proximity of the improvement on the premises affected and the potential risk of damage thereto. The bond shall be filed with the public officer.
Procedure where access refused. Any refusal to comply with this article or any interference with the access to premises pursuant to a certificate issued hereunder shall be a violation of this article and, in addition to the penalties provided hereunder, the public officer may, upon affidavit, apply to the Judge of the Municipal Court for a warrant under the procedure set forth in § 276-16 of this article authorizing access to the premises under appropriate conditions and circumstances as provided above.
[Amended 12-20-1993 by Ord. No. 93-19]
Any person who violates the provisions of this article shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Adopted 11-30-2000 by Ord. No. 2000-20]
A certain document, three copies of which are on file in the office of the Municipal Clerk of the Borough of Wallington, being marked and designated as the "BOCA National Existing Structures Code, 1987, Second Edition," as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Existing Structures Code of the Borough of Wallington, County of Bergen, 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 Existing Structures Code, 1987, Second Edition, are hereby referred to, adopted and made a part hereof as if fully set out in this article.
Three copies of the BOCA National Existing Structures Code, 1987, Second Edition, similarly marked, have been placed on file in the office of the Municipal Clerk and shall remain on file in that office for use and examination by the public.
The following amendments or additions to the National Existing Structures Code are made by the Borough:
In Section ES-100.1, page 1, the second line, insert "Borough of Wallington."
Revise Section ES-110.2, entitled "Penalty," page 8, to read as follows: "A violation of this code or article shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Borough of Wallington."
In Section ES-111.4, entitled "restraining actions," page 9, second line, insert "45 days."
Section ES-112.0, "Right to Appeal," shall be deleted in its entirety and in lieu thereof a new section, Section ES-112.0, entitled "Right to Appeal," shall be added as follows:
SECTION ES-112.0 RIGHT TO APPEAL
ES-112.1 Petition. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the governing body of the Borough of Wallington, provided that such person shall file with the Municipal Clerk of the Borough of Wallington a written petition requesting such hearing and containing a statement of the grounds thereof within 20 days after the notice was served.
ES-112.2 Vote. The governing body shall hear all appeals relative to the enforcement of this article and, by a concurring vote of the majority of its members, may reverse or affirm, wholly or in part, or may modify the decision appealed from and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring vote shall be deemed confirmation of the decision of the Code Official.
Section ES-100.1 (page 1, second line) is amended to add the following: "Borough of Wallington."
Section ES-110.2 (page 8, third line) is amended to add the following: "$100"; "$1,000."
Section ES-110.21 (page 8, fourth line) is amended to add the following: "30 days."
Section ES-111.4 (page 9, second line) is amended to add the following: "15 days."
Section ES-110.3, Prosecution, is amended to read as follows:
Any person, firm or corporation who or which shall violate any provision of this article or who or which shall not promptly comply with any violation order as set forth within this article shall be guilty of an offense which shall be cognizable in the Municipal Court of the Borough of Wallington. Also, the Borough Building Inspector or Code Official may ask the legal representative of the Borough of Wallington to proceed at law or in equity against the person responsible for the violations for the purpose of ordering that person:
To restrain, correct or remove the violation or refrain from any further execution of work;
To restrain or correct the erection, installation or alteration of such structure;
To require the removal of work in violation; or
To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of or not in compliance with the provisions of this article or in violation of a plan or specification under which an approval, permit or certificate was issued.
The definition of "Code Official" found in Article 2, entitled "Definitions," be and is hereby amended to be defined as follows: "The Health Officer or Construction Code Official who is charged with the administration and enforcement of this article and any duly authorized representative."
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Mayor and Council of the Borough of Wallington, provided that such person shall file with the Municipal Clerk of the Borough of Wallington a written petition requesting such hearing and containing a statement of the grounds thereof within 20 days after the notice was served.
The Borough Council shall hear all appeals, relative to the enforcement of this article and, by a concurring vote of the majority of its members, may reverse or affirm, wholly or in part, or may modify the decision appealed from and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring vote shall be deemed confirmation of the decision of the Code Official.
The Municipal Clerk of the Borough of Wallington shall keep a record of each meeting so that the record shows clearly the basis for each decision made by the Borough Council.
Nothing in this article or the BOCA National Existing Structures Code, 1987, Second Edition, hereby adopted shall be construed to affect any suit or proceeding pending in any court or any other rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.