A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Caldwell, being marked and designated as the "BOCA National Property Maintenance Code, Fifth Edition, 1996," 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 Caldwell, 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 § 175-2.
[HISTORY: Adopted by the Borough Council of the Borough of Caldwell as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-13-1995 by Ord. No. 1074-99]
The BOCA National Property Maintenance Code is amended and revised in the following respects:
A.
Section PM-101.1 (page 1, second line). Insert: Borough of Caldwell.
B.
Section PM-106.2 (page 2, third line). Amend as follows: Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, community service for a period of 90 days, or a combination thereof.
[Amended 10-14-2008 by Ord. No. 1187-08]
C.
Section PM-304.15 (page 11, first and second lines). Insert: (Dates in two locations)
D.
Section PM-602.2.1 (page 17, fifth line). Insert: (Dates in two locations)
E.
Section PM-602.3 (page 17, third line). Insert: (Dates in two locations)
[Added 8-7-2012 by Ord. No. 1262-12]
A.
This section shall govern all single-family, two-family and three-family homes in the Borough and shall supersede any other provision in the Borough Code that conflicts with the provisions hereof.
B.
General maintenance requirements.
(1)
All structures and property governed by this section shall be kept free of all of the following conditions:
(a)
Broken glass, excessive brush, weeds, stumps and roots, obnoxious growth, filth, garbage, trash, refuse and debris.
(b)
Dead and dying trees, limbs or other natural growths which, by reason of rotting, deteriorating conditions, storm damage or weathering, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
(c)
Loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
(d)
Holes, excavations, breaks, projections, obstructions, icy conditions and other safety hazards of walks, driveways, parking lots, parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate safety hazards or unsanitary conditions.
(e)
Sources of infestation or potential infestation by rodents, mosquitoes, flies and other harmful vermin.
(2)
The exterior of every structure or accessory structure, including fences, shall be maintained in good repair, and all surfaces thereof shall be kept painted and finished where necessary, for purposes of preservation and appearance. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling of paint or other conditions reflecting weathering, deterioration or inadequate maintenance, to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties in the neighborhood protected from blighting influences.
(3)
There shall not be stored or used, at a location visible from sidewalks, streets or other public areas, equipment and materials relating to commercial or industrial uses, including commercial vehicles, snowplows and snowblowers, unless permitted under Chapter 250, Zoning, of this Code for the particular premises.
(4)
All brush, shrubs, grass and trees shall be maintained so as not to obstruct public access to specific sidewalks and roadways. Brush, shrubs and trees shall be kept trimmed so that they do not cross the line of the sidewalk from the ground to a height of seven feet. Poison ivy, poison sumac, poison oak and similar noxious vegetation shall be removed from the vicinity of any public sidewalk or roadway. Lawn grass shall be trimmed and maintained so that it does not exceed a height of 10 inches from the ground.
(5)
Receptacles and garbage may be stored in the garage and placed at the curb of Borough roadways not earlier than the evening of the day before the regularly scheduled pickup.
(6)
All parts of the premises shall be kept in clean and sanitary condition, free of nuisances and free of health, safety and fire hazards.
(7)
Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulations of stormwater.
C.
Enforcing agent. The provisions of this section shall be enforced by the Construction Code Enforcement Official or his/her designated representative.
D.
Enforcement procedure.
(1)
Notice and hearing.
(a)
Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the Construction Code Enforcement Official or his/her designated representative shall be served upon the owner, tenant or operator, who shall be responsible for correcting such condition. The notice shall contain the following:
[1]
An identification of the conditions constituting the violation.
[2]
The necessary corrective actions.
[3]
A reasonable time period, not to exceed 60 days, to correct or abate the violation.
[4]
The right of the person in violation to request a hearing.
[5]
A statement that the notice shall become an order of the Construction Code Enforcement Official in 10 days after service unless a hearing is requested, in writing, within that time period.
(b)
The notice may be served personally or by certified mail at the last known address of the owner, tenant or operator alleged to be in violation. Where it is ascertained that the owner, tenant or operator does not reside on the premises and the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the affected building.
(c)
Service upon any owner, tenant or operator may also be achieved by service of any notice upon a member of the family of the owner, tenant or operator of the age of 14 years or over then residing at the residence of such owner or operator.
(2)
After 10 days from the date of service of the notice, the notice shall constitute a final order unless any owner, tenant or operator alleged to be in violation requests a hearing thereon and serves a written request, in person or by certified mail, upon the Construction Code Enforcement Official, for such hearing. The request for hearing shall state briefly the ground(s) or reason(s) for which the request for hearing is based and the factual matters contained in the notice of violation which are disputed by the person alleged to be in violation. Appeals will be granted strictly on factual matters. The Construction Code Enforcement Official, upon receipt of the request for hearing, within 30 days therefrom and with five days' notice to the party alleged to be in violation, shall set the matter down for a hearing before him or her.
(3)
At the hearing provided for herein, the Construction Code Enforcement Official shall consider all matters presented by the owner, tenant or operator alleged to be in violation, together with all other relevant evidence. Within 10 days from the date of the hearing, the Construction Code Enforcement Official shall either affirm the prior notice issued by him or her or modify such notice in any manner deemed appropriate and consistent with the provisions and enforcement of this section.
(4)
The Construction Code Enforcement Official may extend the time for correction and abatement of any violation of this section for an additional period of time not to exceed 30 days, except where major capital improvement or renovations are involved. If such should occur, the time for completion may be extended for a period of time deemed adequate and reasonable by the Construction Code Enforcement Official.
(5)
Violations and penalties. An owner, tenant or operator who violates this chapter by failure to comply with an order entered by the Construction Code Enforcement Official shall appear before the Municipal Judge for a hearing and/or imposition of fines, sanctions, sentence or any combination thereof. A violation of this chapter shall be punishable by a fine not exceeding $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each violation of a different section of this chapter shall constitute a separate and distinct violation independent of any other section. Each day's failure to comply with any provision of this chapter shall constitute a separate violation.
(6)
Upon an order becoming final, the Enforcement Official may request the Department of Public Works to perform the necessary work. The Construction Code Enforcement Official and/or the Department of Public Works shall cause the cost of such work to be charged against and become a charge and lien upon the property. The fee schedule for mowing of residential properties is as follows:
Fee Schedule for Mowing of Residential Properties | |
|---|---|
Size of Property (square feet) | Fee |
Up to 5,000 | $150 |
5,001 to 7,500 | $250 |
7,501 to 10,000 | $350 |
Above 10,000 | $450 |
(7)
In addition to the charges set forth in the fee schedule for mowing of properties, any other work performed on the property shall be billed to the property owner at a cost of $30 per man-hour for each man-hour of work performed by a Department of Public Works employee pursuant to this chapter.
[Adopted 5-7-2024 by Ord. No. 1457-24]
The owner, landlord and/or agent of every single-family, two-family, and/or multiple dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date of the law, July 22, 2022, or upon tenant turnover, whichever is earlier.
After the initial inspection required by § 175-4, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner, landlord and/or agent shall inform the Borough of all tenant turnover activity so the Borough can ensure that required inspections are occurring.
A dwelling owner or landlord shall directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the inspection requirements of § 175-4. The dwelling owner or landlord shall be required to inform the Borough of the private lead evaluation contractor retained and all essential details for the scheduled inspection. The Borough shall exercise appropriate oversight over the private lead evaluation contractor retained by the owner or landlord.
Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time to time.
[Amended 12-3-2024 by Ord. No. 1472-24]
A dwelling unit in a single-family, two-family, or multiple rental dwelling units shall not be subject to inspection and evaluation for the presence of lead-based paint hazards, or for the fees for such inspection or evaluation, if the unit:
A.
Has been certified to be free of lead-based paint; or
B.
Was constructed during or after 1978; or
C.
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.; or
D.
Is a single-family or two-family seasonal rental dwelling unit which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
E.
Has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16(d)(2). Lead-safe certifications are valid for three years from the date of issuance.
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d). Remediation of a lead-based paint hazard shall solely be the responsibility of the owner. Upon the remediation of the lead-based paint hazard, the owner's private lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
If no lead-based paint hazards are identified, then the owner's private lead evaluation contractor shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years and shall be filed with the Borough. The Borough shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover, and a record of all lead-free and lead-safe certifications issued.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
A.
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough of Caldwell at the time of the cyclical inspection.
B.
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
C.
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.
A.
The fee for the filing of a lead-safe certification or lead-free certification shall be $50.
B.
In addition to the filing fee, an additional fee of $20 shall be assessed in accordance with N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-2.2, to be deposited into the Lead Hazard Control Assistance Act Fund under the administration of the New Jersey State Department of Community Affairs, unless the owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20.
C.
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of this article shall be as follows:
A.
The Borough shall have the authority to conduct inspections or investigations of landlords or owners to ensure that periodic lead-based paint inspections are being performed.
B.
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
C.
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.