[Ord. No. 17-2008, § 1]
The following terms, wherever used herein or referred to in
this article, shall have the respective meanings assigned to them,
unless a different meaning clearly appears from the context:
ABANDONED MOTOR VEHICLE
Any unlicensed or unregistered motor vehicle which is not
capable of operation or has been in an inoperable condition for more
than seven calendar days.
DETERIORATION
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, peeling, rusting or other evidence
of physical decay or neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public.
EXTERIOR OF THE PREMISES
The open space on the premises and on adjoining premises
under the control of the owners or operators on the outside of the
premises.
EXTERMINATION
The control and elimination of insects, rodents or other
pests by eliminating their nests or harborage places, by removing
or making inaccessible those materials that may serve as their food,
by poison, spraying, fumigating, trapping, or by any other approved
pest elimination methods.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
INFESTATION
The presence, within or contiguous to the structure or premises,
of insects, rodents, vermin or other pests.
JUNK
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
machinery, machines, unregistered motor vehicles which are unfit for
operation, used parts of motor vehicles and any material commonly
known and generally referred to as "junk" in the ordinary and accepted
meaning of the word.
NUISANCE
(a)
Any public nuisance as defined by statute or ordinance or at
common law.
(b)
Any unattractive nuisance which may prove detrimental to the
health or safety of children, whether in a building, on the premises
of a building or upon an unoccupied lot. This includes but is not
limited to abandoned motor vehicles, abandoned cesspools, abandoned
wells, shafts, basements, excavations, abandoned refrigerators, any
structurally unsound fences or structures, used lumber, trash, junk,
debris or vegetation, such as poison ivy, poison oak or poison sumac,
which may prove hazardous.
(c)
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
(d)
Insufficient ventilation or illumination in violation of this
article.
(e)
Inadequate or unsanitary sewage or plumbing facilities in violation
of this article.
(f)
Unsanitary conditions or anything offensive to the senses or
dangerous to health, in violation of this article.
(g)
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
OCCUPANT
Any person living or sleeping in a building or having possession
of a space within a building.
OPERATOR
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.
OWNER
Any person or entity 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 as executor, administrator,
trustee, receiver or guardian of the estate, or as a mortgagee in
possession, regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any dwelling
or dwelling unit 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 said lessee.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon. For the purpose of this article, a vacant lot
shall be defined as a "lot."
RECYCLABLE MATERIALS
(a)
REFUSEAll putrescible and nonputrescible solid waste, except body wastes, including but not limited to garbage, rubbish, ash, street cleanings, dead animals, abandoned motor vehicles and solid market and industrial wastes. (See also "garbage" and "rubbish.")
(b)
RUBBISHNonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as wrappings, cigarettes, cardboard, bedding, crockery and similar materials. (See also "garbage" and "refuse.")
[Ord. No. 17-2008, § 1]
In any case where the provisions of this article impose a higher
standard than set forth in any local ordinance or under the laws of
the state, then the standards as set forth herein shall prevail, but
if the provisions of this article impose a lower standard than any
other local ordinance or the laws of the state, then the higher standard
contained in any such other ordinance or law shall prevail.
[Ord. No. 17-2008, § 1]
No license, permit or other certification of compliance with
this article shall constitute a defense against any violation of any
other local ordinance applicable to any structure or premises, nor
shall any provision herein relieve any owner, operator, or occupant
from complying with any such other provision or any official of the
Borough from enforcing any such other provision.
[Ord. No. 17-2008, § 1]
Landscaping of all premises shall be properly maintained, with
lawns, hedges and bushes kept trimmed and from becoming overgrown
and unsightly where exposed to public view and where the same constitutes
a blighting factor depreciating adjoining property.
[Ord. No. 17-2008, § 1]
All storefronts shall be kept in good repair, painted where
required, and shall not constitute a safety hazard or nuisance. In
the event that repairs to a storefront become necessary, such repairs
shall be made with the same or similar materials used in the construction
of the storefront in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a storefront shall be kept
painted, where required, and in good repair.
[Ord. No. 17-2008, § 1]
All signs permitted by reason of other regulations or as a lawful
nonconforming use shall be maintained in good repair, and printed
matter, pictures or illustrations contained thereon shall be completely
maintained or, when no longer in use, completely removed. All nonoperative
or broken electrical signs shall be repaired or shall, with their
supporting members, be removed forthwith.
[Ord. No. 17-2008, § 1]
All reconstruction of walls and sidings shall be of standard
quality and appearance commensurate with the character of the properties
in the same block and on both sides of the street on which the premises
fronts, such that the materials used are not of a kind that, by their
appearance under prevailing appraisal practices and standards, will
depreciate the value of the neighboring and adjoining premises.
[Ord. No. 17-2008, § 1]
Nothing contained herein shall limit the power of the persons
or agencies charged with enforcement power to take such further action
under the criminal and civil laws of New Jersey in any court of competent
jurisdiction as may be necessary to remove or abate any nuisance.
[Ord. No. 17-2008, § 1]
Upon issuance of a notice of violation pursuant to this article,
the property owners, operators or occupants shall correct the condition
and notify the enforcement officer or agency that said condition has
been corrected. A compliance inspection shall then be made. Should
full compliance not be achieved at the time of the inspection, the
Borough shall be reimbursed for the cost of all reinspections by the
property owner. Failure to reimburse the Borough shall result in a
lien for said cost being placed against the property.
[Ord. No. 17-2008, § 1]
Where abatement of any nuisance as defined herein was accomplished
and the premises brought into compliance with this article through
the expenditure of Borough funds, such costs shall be assessed against
the premises cited as a lien in the same manner as real estate taxes,
if ordered by the court, and shall be enforced by the same officers
and in the same manner as taxes.
[Ord. No. 17-2008, § 1; Ord. No. 5-2013, § 2]
Any person, firm or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in the Revised Ordinances of the Borough of Morris Plains, Chapter
1, Section
1-9.
[Ord. No. 16-2014, § 2]
As used in this article, the following terms shall have the
meanings indicated:
CREDITOR
Any person, or any federal or state chartered bank, savings
bank, savings and loan association, credit union, or any other financial
institution, or other entity servicers, located in-state or out-of-state,
who serves a summons and complaint in an action to foreclose on a
mortgage on residential property located in the Borough of Morris
Plains.
[Ord. No. 16-2014, § 2]
Any creditor filing a summons and complaint in an action to
foreclose on a mortgage on residential property or properties shall
be responsible for the care, maintenance, security and upkeep of the
exterior of the vacant and abandoned residential property or properties
and if the creditor is located out-of-state, shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor.