[HISTORY: Adopted by the Mayor and Council
of the Borough of Harrington Park 3-19-2007 by Ord. No. 612; amended
in its entirety 2-19-2013 by Ord.
No. 677. Subsequent amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Property Maintenance Code
of the Borough of Harrington Park" and may be referred to as "this
chapter."
B.
Findings. The Borough of Harrington Park hereby finds that certain
unsafe, unsanitary, undesirable and unhealthy conditions exist at
various properties in the Borough, and the public health, safety and
welfare make it desirous to terminate unsafe, unsanitary, undesirable
and unhealthy conditions and to prevent other similar conditions from
arising in the future on any properties in the Borough.
C.
Purposes. The purpose of this chapter is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance and condition of residential and nonresidential
structures and all existing premises; to establish minimum standards
governing facilities and other physical components and conditions
essential to make the aforesaid facilities fit for human habitation
and use; to compel certain responsibilities and duties upon owners,
operators and occupants; and to affix penalties for the violation
of this chapter. This chapter is hereby declared to be remedial and
essential for the public interest, and it is intended that this chapter
be liberally construed to effectuate the purposes stated herein.
A.
ACCESSORY STRUCTURE
BLIGHTING
BUILDING
DETERIORATION
EXTERIOR PREMISES
IMMINENT DANGER
INFESTATION
JUNKED VEHICLE
LITTER, RUBBISH, JUNK and SCRAP MATERIALS
NUISANCE
(1)
(2)
(3)
OCCUPANT
OPERATOR
OWNER
PREMISES
PROPERTY MAINTENANCE CODE ENFORCEMENT OFFICIAL (also referred
to as "Code Enforcement Official")
RECREATIONAL VEHICLE (exception to Chapter 127, Commercial Vehicles)
REFUSE
STORAGE CONTAINER
TRAILER
As used in this chapter, the following terms shall have the meanings
indicated:
A building or use that is on the same lot as and subordinate
to the main building and which is under the same ownership or control
as and used for a purpose customarily incident to the use of the main
building.
A deteriorating influence or conditions affecting use and
value of real estate.
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outbuildings and appurtenances
belonging thereto or usually enjoyed therewith.
The condition of a building or a part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rust, or any
other evidence of physical decay, neglect, lack of maintenance or
excessive use.
Those portions of a building or structure which are exposed
to public view or are visible from adjoining and adjacent lots, including
all outside surfaces and appurtenances thereto, and the open land
space of any premises outside any building or structure erected thereon.
A condition that could cause serious or life-threatening
injury or death at any time.
The presence on or within a premises of any insects, rodents
or other pests that present a safety hazard.
Any vehicle or trailer (not located within a garage) which
is without a current valid license plate and/or is unregistered as
required by Title 39 of the New Jersey statutes and/or is in a rusted,
wrecked, discharged, dismantled, partly dismantled, inoperative or
abandoned condition. The Code Enforcement Official determines whether
or not a vehicle warrants this classification. Specifically exempt
from the definition of "junked vehicle" are vehicles registered as
historic vehicles.[1]
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as paper wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery,
auto parts, appliances, construction debris or similar materials.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Borough
of Harrington Park.
Any condition which may be detrimental to the health or safety
of a person or persons, whether outside or inside a building, on the
lands and premises containing a building or in or upon an unoccupied
lot. This includes, but is not limited to, such conditions created
by abandoned, open or structurally unsound wells, shafts, towers,
basements, foundations or excavations; abandoned iceboxes, refrigerators,
motor vehicles or parts thereof; structurally unsound buildings, structures
or fences; lumber, trash, debris, rubbish, refuse containers, construction
material, tree stumps, dead or dying trees or branches, stones, appliances,
furniture or household goods; or depressions or holes in the land.
Any physical condition potentially dangerous or hazardous to
human life or safety or tending to be detrimental to the health of
persons on, near or passing within the proximity of the premises where
said condition exists.
Any person or persons, including the owner, in actual possession
of and using a building or any occupancy unit in the building.
Any person who has charge, care or control of a dwelling
or premises, or a part thereof, whether with or without the knowledge
and consent of the owner.
Any person or persons or other entity who or which shall
have legal or equitable title to any premises or part thereof, with
or without accompanying actual possession thereof, or who or which
shall have charge, care or control of any lot, premises, building,
structure or part thereof, as owner or agent of the owner, or a fiduciary,
including but not limited to testamentary heirs, fiduciaries, trustees,
receivers, guardians of an estate or of another, administrators or
as mortgagees in possession.
A lot, plot or parcel, including the buildings or structures
thereon.
The individual primarily and concurrently responsible for
the enforcement of the Property Maintenance Code and all Borough ordinances
not otherwise reserved to statutory code officials.
A motorized vehicle that has a truck or motor van chassis
primarily designed to provide temporary living quarters for travel,
camping, recreation and/or vacation use. A recreational vehicle shall
meet all requirements set forth in this chapter for motor vehicles.[2]
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, abandon automobiles and parts thereof and solid market and
industrial wastes.
A receptacle or container that is less than 1,500 cubic feet,
or any aggregate of that total (if multiple containers), that is suitable
for the depositing of household furnishings, clothing and similar
materials for the purpose of storage of the same by the owner on a
temporary basis when moving, construction or renovation is ongoing
by the owner on his/her lot in the Borough.[3]
A structure standing on blocks or wheels, towed or hauled
by another vehicle, and used for carrying materials, goods or objects
or as a temporary office. Single axle is acceptable. Anything over
a single axle is prohibited.[4]
B.
All terms and words used in this chapter shall be deemed and construed
to include any other number, singular or plural, and other gender,
masculine, feminine or neuter, as the context or sense of any paragraph
or clause herein may require.
All trees, shrubbery and other items of landscaping required
as part of the site plan approvals heretofore or hereafter granted
shall be maintained and, if necessary, replaced by the owners of such
property. Said items of landscaping shall be maintained at all times
and at least to the same quality required at site plan review.
Lawns in said residential and business, commercial and industrial
areas shall be maintained so that the length of grass does not exceed
six inches. All premises and exterior property shall be maintained
free from weeds or plant growth in excess of eight inches. All noxious
weeds shall be prohibited. "Weeds" shall be defined as all vines,
annual plants and vegetation of an undesirable nature which primarily
choke other preferred plantings other than trees or shrubs; provided,
however, that said definition shall not include cultivated flowers
and/or gardens.
The shrubbery and trees within such areas shall be attractively
maintained and kept free of all debris and rubbish.
The exterior premises shall be kept free of litter (including,
without limiting the generality of the foregoing, discarded, windblown,
deposited, dropped or strewn papers, wrappings, cardboard, bottles,
cans, boxes and broken glass) and of all nuisances and hazards to
safety of tenants, occupants, pedestrians and other persons having
access to the premises and free of unsanitary conditions, and any
of the foregoing shall be promptly removed and abated. The word "hazards"
shall include but not be limited to the following:
A.
Refuse.
B.
Dead and dying trees and other natural growth which, by reason of
rotting or deteriorating conditions or storm damage, are or may be
dangerous to persons in the vicinity thereof. Trees are to be kept
pruned and trimmed to prevent such conditions.
C.
Loose overhanging and projecting objects which, by reason of location
above ground level, constitute a dangerous to persons in the vicinity
thereof.
D.
Holes, mounds, excavations, breaks, projections, obstructions and
excretions on paths (and 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.
E.
Sources of infestation.
F.
Structurally unsound, defective or damaged foundation walls. Foundation
walls shall be kept structurally sound, free from defects and damage
and capable of bearing imposed load safely.
G.
Chimneys and towers. All chimneys, cooling towers, smokestacks and
similar appurtenances shall be maintained structurally safe and sound
and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust by any periodic
application of weather-coating materials such as paint or similar
surface treatment.
H.
Defective or deteriorating porches, stairs and fire escapes. Exterior
porches or landings, balconies, stairs and fire escapes shall be provided,
consistent with building and fire codes, with banisters or railings
properly designed and maintained, structurally sound, in good repair
and free from defects.
[Amended 11-20-2017 by Ord. No. 719]
I.
In all districts within the Borough of Harrington Park, refuse and
recycling bins and material may not be placed at the curb prior to
6:30 p.m. of the day preceding a scheduled refuse/recycling pick up
and further providing that all such bins and cans must be removed
from the curb and returned to a proper storage area, either in the
rear portion of a property, or contained area not visible from the
street, by 9:00 p.m. of the day of such scheduled pickup.
[Amended 9-9-2019 by Ord. No.
740]
In furtherance of the purposes of this chapter, it shall be
the duty and responsibility of the owner, owners, operators or occupants
of the premises aforesaid to comply with any and all the requirements
and standards of this chapter, to keep the premises free of conditions
which constitute violations hereof and to promptly remove, prevent
or abate such conditions within 30 days of the enactment of this chapter.
A.
Exterior surfaces. All exterior surfaces, including but not limited
to doors, door and window frames, roofs, cornices, porches, trim,
balconies and decks, shall be maintained in good condition and free
from any hazards. Exterior wood surfaces, other than decay-resistant
woods, shall be protected from the elements and decay by painting
or other protective covering or treatment. Peeling, flaking and chipped
paint shall be eliminated and surfaces repainted. All surfaces shall
be maintained free from broken glass, loose shingles, crumbling stone
or brick or other condition reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety hazard eliminated and adjoining properties and the neighborhood
protected from blighting influence.
B.
Signs. All signs, including the structural and supporting components
thereof, and all light stanchions and poles shall be maintained in
good repair.
C.
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 to not constitute a nuisance or 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. In the event that any such awning or
marquee is made of cloth, plastic or of similar materials, said materials,
where exposed to public view, shall be maintained in good condition
and shall not show evidence of excessive weathering, discoloration,
ripping, tearing or other deterioration. Nothing herein shall be construed
to authorize an encroachment of an awning, marquee or its accompanying
structural members on streets, sidewalks or other parts of the public
domain.
D.
Scaffolding. No temporary painting scaffold or other temporary equipment
used for construction, repair or maintenance shall be permitted to
remain in place beyond the period of six months after erection or
placement thereof, without permission of the Zoning Officer or Construction
Code Official.
E.
Firewood. Firewood cannot be stored in the front yard. It must be
stacked.
F.
Residential parking. No person shall park, stop or stand any motor
vehicle on any portion of any premises except on driveways constructed
and installed in compliance with applicable Borough ordinances.
G.
Trailers. No person shall park, stop or stand any trailer on any
portion of any premises at any time. Exception: Specifically exempt
from the aforesaid are single-axle, licensed trailers.
H.
Motor vehicles and trailers.
(1)
No motor vehicle or trailer which is either without a current inspection
sticker, or without current license plates, or without a currently
valid New Jersey registration, or is classified as a junked vehicle
by the definition set forth in this chapter shall be parked, kept
or stored on any premises, and no motor vehicle shall at any time
be in a state of major disassembly or disrepair or in the process
of being stripped or dismantled unless such vehicle is kept within
a garage or automobile service station service bay. Exception: Specifically
exempt from the aforesaid are vehicles registered as historic vehicles,
vehicles at approved towing yards and vehicles being repaired at approved
auto body shops. No required front, side or rear setbacks shall be
used for the overnight parking or storage of any boats, house trailers,
mobile homes, recreation vehicles or unregistered, uninspected or
dismantled motor vehicles.
(2)
It shall be unlawful for any owner, possessor or occupant of lands
in the Borough of Harrington Park to store, place, keep, park or accumulate
upon such lands any motor vehicles, automobiles or machines in need
of repair so as not to be readily operated under their own power,
requiring substantial repairs or not currently licensed or not being
currently used for transportation. Nothing herein shall be construed
to limit the storage of vehicles which are kept in an enclosed garage.
(3)
No person shall keep or permit the keeping on any streets, vacant
lots, parking lots or anywhere outdoors on the premises, except in
a fully enclosed structure, any motor vehicle, trailer or semitrailer:
(a)
Which is missing tires, wheels, engine or any essential part;
(b)
Which displays extensive body damage or deterioration;
(c)
Which does not display a current, valid state license plate
and valid inspection sticker; or
(d)
Which is wrecked, disassembled, partially disassembled, inoperable
or considered a junked vehicle.
I.
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces, paved areas and similar areas shall be kept in the
proper state of repair and maintained free from potholes, cracks and
other hazardous conditions.
J.
There shall not be stored or used at a location visible from the sidewalk, street or other public areas in residential zones equipment and material relating to commercial (excepting vehicles as otherwise provided under Chapter 127, Commercial Vehicles) or industrial uses unless otherwise permitted under the applicable zoning ordinances of the Borough of Harrington Park.
K.
Accessory structures. All accessory structures, including but not
limited to detached garages, fences and walls, stairways, walkways
and parking lots, shall be maintained structurally sound and in good
repair, in accordance with the provisions of this chapter.
L.
Boats. Boats shall not be parked within any required front, side,
or rear yard setbacks. Any boat must be on a trailer that is registered
and covered during the off season. The area around the boat must be
properly maintained.
M.
Exterior structure. The exterior of the structure shall be maintained
in good repair, structurally sound and sanitary in accordance with
the provisions of this chapter.
N.
All leaders, gutters or any stormwater drainage systems must be maintained
clean and free of obstructions, debris and vegetation and in good
working order.
O.
Public nuisance. No premises, lots or structures within this Borough
shall be maintained in such a way as to constitute a public nuisance.
A public nuisance shall include but not be limited to the following:
(1)
Any physical condition or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including but not limited
to abandoned wells, shafts, basements, excavations or unsafe fences
or structures.
(2)
Any premises that is unsanitary or littered with rubbish or garbage
or that is overgrown with grass, weeds or other natural growth.
(3)
Any structure that is in a state of dilapidation, deterioration or
decay; has faulty construction; is overcrowded; has excessive storage
or is vacant (and is deteriorating) or abandoned; has been damaged
by fire to the extent so as not to provide shelter; is in danger of
collapse or failure; or is dangerous to anyone on or near the premises.
P.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant, owner or agent
shall keep that part of the property which the occupant, owner or
agent controls or occupies in a clean and sanitary condition.
Every inside and outside stairway, every porch and every appurtenance
thereto shall be constructed and maintained as to be safe to use and
capable of supporting the load that normal use may cause to be placed
thereon and should be kept in sound condition and in good repair.
A.
General restrictions.
(1)
A single storage container of 1,500 cubic feet or any aggregate of
that total (if multiple containers) or less shall be permitted on
any lot in the Borough on a temporary basis as set forth hereafter.
Larger size storage containers are prohibited in all residential zones.
(2)
It may be located in any yard area but no closer than five feet to
all interior property lines, and it shall not be located any closer
than 10 feet to any street line.
(3)
The location of the temporary storage container on a corner property
shall not cause a sight obstruction at an intersection.
(4)
A storage container(s) shall be permitted in accordance with this
section, but it shall only remain on the lot for a maximum of 30 days
from the date that the permit is issued.
B.
Permit requirements. Before any owner shall be permitted to place
a storage container(s) on the lot, an application to the Construction
Department for a permit to do so shall be filed and approved. The
application shall identify the owner and/or the tenant, location,
size and the length of time that the storage container is requested.
(2)
The owner may seek to keep the storage container for an additional
period of time by making a separate application for extension to the
Construction Department, with the understanding and acknowledgment
that any extension granted will not be further extended and additional
fees will be required unless extenuating circumstances apply, such
as a fire or natural disaster.
A.
Enforcement officer. The Property Maintenance Code Enforcement Official,
or his designee, of the Borough of Harrington Park is hereby designated
as the public officer to exercise the powers prescribed by this chapter.
B.
Enforcement procedures. Whenever the enforcement officer determines
that there is or has been a violation of any provisions of this chapter,
he shall give notice of such violation to the person or persons or
entities responsible therefor under this chapter. Such notice shall
be in writing and shall include a concise statement of the reasons
for issuance. Such notice shall be deemed properly and sufficiently
served if a copy thereof is sent by registered or certified mail to
the last known address of the person or entity upon which the same
is served, as shown by the most recent tax list of the municipality,
or a copy thereof is handed to said person or persons, or a copy thereof
is left at the usual place of abode or office of said person or entity.
Notice shall be given as aforesaid within or without the municipality.
The notice shall also state that, unless the violation is abated,
removed, cured or prevented within 10 days of the date of service
of such notice (exclusive of the date of service), a summons shall
be issued for such violation. The enforcement officer may, at the
time he issues the notice, or any time thereafter, extend the period
for compliance with the violations stated in the notice for a period
in excess of the aforesaid 10 days if, in his judgment, the abatement,
removal, prevention, cessation of or cure of the condition violated
cannot reasonably be effected within the ten-day period. In the event
that the violation is not abated, removed, cured, prevented or otherwise
fully remedied within said ten-day period or within such extended
period as set forth in the notice pursuant to the foregoing, a summons
shall be issued against the person, persons, entity or entities so
notified.
C.
Failure to conform; abatement by Borough. Where the abatement of
any condition as described herein, correction of a defect in the premises
or work necessary to place the premises in a proper condition, so
as to conform to this chapter or any other ordinance of the Borough
or applicable laws of the State of New Jersey, shall not have been
completed within 10 days of said written notice from the Code Enforcement
Official, the Code Enforcement Official shall present a report of
work proposed to be done to accomplish the foregoing to the governing
body of the Borough with an estimate of the cost, along with a summary
of the proceedings undertaken by the Code Enforcement Official to
secure compliance, including notices served upon the occupants, owners,
operators or their agents as the case may be. The governing body may
thereupon, by resolution, authorize the abatement of the nuisance
or the correction of the defect or work necessary to place the premises
in proper condition and in compliance with this chapter. The Code
Enforcement Official or, at the direction of the governing body, his
agents or representatives, depending upon the volume of work to be
performed, may thereafter proceed to have the work performed in accordance
with the 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 governing body. After a review
of the report, the governing body may 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 of Harrington Park, who shall be responsible
for the collection, and a copy of the report and resolution shall
be sent by certified mail, return receipt requested, to the owner.[1]
The responsibilities of the owner, operator and occupant are
to be independent of each other.
A.
Owners and operators. Owners shall have all the duties and responsibilities
as prescribed in this chapter, and the owner shall not be relieved
from any such duties and responsibilities nor be entitled to defend
against any charge of violation thereof by reason of the fact that
the occupant is also responsible therefor and in violation thereof.
B.
Occupants. Occupants shall have all the duties and responsibilities
as prescribed in this chapter, and the occupant shall not be relieved
from any such duties and responsibilities 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.
C.
Contract not to alter responsibilities, unless expressly provided
to the contrary in this chapter. The 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 other parties.
Whenever the Code Enforcement Official or Construction Code
Official finds that an emergency condition in violation of this chapter
exists, which condition requires immediate attention to protect the
public health or safety, he may issue an order by service of notice
as set forth above reciting the existence of such an emergency condition
and requiring that such action be taken by the violator as soon as
it is reasonably necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall be effective
immediately.[1]
The costs of landscape maintenance or replacement on the basis
of time and materials shall be charged to the property owner and,
if not promptly paid, shall be certified to the Tax Assessor and shall
become a municipal lien against said property.
Nothing contained in this chapter or any requirement of compliance
herewith shall be deemed to alter, impair or affect the application
of the zoning laws or ordinances of the Borough of Harrington Park.[1]
Any person or persons or entity who or which violates any provision of this chapter shall be punishable as set forth in Chapter 164, Fines and Penalties. A separate offense shall be deemed committed on each and every occasion or day during or on which a violation occurs or continues.
