Chapter 155 Property Maintenance

Provide for the public health, safety and welfare.

Avoid, prevent and eliminate the maintenance or creation of hazards to the public health or safety.

Avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties.

Prevent the creation, continuation, extension or aggravation of blight.

Preserve property values in the Borough.

Maintain the value and economic health of the commercial property and businesses that serve and help to support the Borough and its citizens.

§ 155-3 Compliance required.

The owner of every building, structure, or lot and the premises on which it is situated within the Borough shall comply with the provisions of this chapter, whether or not any such building or structure shall have been constructed, altered or repaired before or after the enactment hereof and irrespective of any permits or licenses which may have been issued for the use or occupancy of such building or for the installation or repair of equipment or facilities prior to the effective date hereof.

§ 155-4 Maintenance of property.

All property in the Borough of Mendham shall meet the following standards:

Sanitation. All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition, free from any accumulation of rubbish or garbage.

Containers. The operator of every establishment producing garbage, vegetable wastes or other putrescible materials shall provide, and at all times cause to be used, leakproof containers, provided with close-fitting covers, for the storage of such materials until removed from the premises for disposal.

Grading and drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any structure located thereon that causes a public health problem affecting abutting property owners.

Traffic safety maintenance. All traffic flow and control signs on private property and/or required by an approved site plan, whether painted on pavement or vertical structures, shall be properly maintained in a functional condition. Bent and leaning sign poles shall be replaced and/or straightened. Painted directional and parking-bay stripes shall be maintained in a readable condition. Bent and broken traffic control guardrails and fencing shall be replaced.

Litter and maintenance of solid waste disposal facilities for nonresidential sites. All industrial and commercial sites shall be kept free from noticeable accumulation of paper and solid waste debris. Common refuse storage areas shall be kept in a clean and repaired state in full conformance with the site plan provisions for such facilities.

Litter and maintenance of solid waste disposal facilities for residential sites. All residential sites shall be kept free from noticeable accumulation of paper and solid waste debris. Refuse storage areas shall be kept in a clean and repaired state in full conformance with the Health and Sanitation Code of the Borough.

Insect and rat control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior and interior areas of the premises. Whenever infestation exists in the shared or public parts of the premises, extermination shall be the responsibility of the owner.

Site improvements. All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair including those on public right of way adjacent to the site.

Site vegetation.

All brush, shrubs, grass and trees shall be maintained so as not to obstruct public access to sidewalks and roadways and so as not to obstruct the necessary line of sight from any roadway. Brush, shrubs, grass 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 and similar noxious vegetation shall be removed from the vicinity of any public sidewalk or roadway.

Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches from the front of the structure to the edge of the street/curb and side yard setback areas as determined in the Zoning Code.[1] Weeds shall include all grasses, annual plants and vegetation, other than trees and shrubs, but shall not include maintained cultivated flowers and gardens.

[1]

Editor's Note: See Ch. 215, Zoning.

Trees and shrubs. On-site dead and dying trees, limbs, and leaves, or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons on adjacent properties or the adjourning public rights-of-way shall be kept pruned, trimmed, or removed to prevent such conditions. The properties on which such natural growth is located shall be kept clean so as not to constitute a hazard to persons in the vicinity thereof.

Exhaust vents. A person shall not construct, maintain or operate pipes, ducts, conductors, fans or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors of other gaseous or particulate wastes so as to discharge directly upon abutting or adjacent public and private property or that of another tenant.

Swimming pools. All on-site swimming pools shall be maintained and secured as provided for in Chapter 199, Swimming Pools, of the Mendham Borough Code of Ordinances. When the property is vacant, water in the swimming pool must be treated or removed to prevent the pool from becoming a breeding site for mosquitos.

Prohibited conditions. The exterior of all premises shall be kept free of the following matter, materials or conditions:

Abandoned, uncovered or structurally unsound walls, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.

Abandoned iceboxes/freezers, refrigerators, heaters, television sets and other similar major appliances.

Animal excrement.

Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, sharp or jagged projections or obstructions.

Buried rubble, refuse or rubbish.

Vehicles or parts thereof, including boats and trailers, motorized or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof are or have been junked, abandoned, dismantled or are in a state of disrepair.

Dangerously loose and overhanging objects, including, but not limited to, dead trees or tree limbs, accumulations of snow, ice or any object, natural or man-made, which could threaten the health and safety of persons if caused to fall or other similar dangerously loose and overhanging objects, which, by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof.

Structurally unsound, loose, dangerous, crumbling, missing, broken, rotten or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, fire escapes, signs or loose, crumbling or falling bricks, stones, mortar or plaster.

§ 155-5 Standards for residential property.

Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith.

(10)

Broken glass or windows or rotted, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other major exterior component parts of buildings or structures.

In addition to the standards cited in § 155-4, the following standards apply to residential properties:

Outdoor storage and parking on residential property.

All vehicles, boats and trailers kept on a residential lot shall be maintained in good working order and shall be licensed with the proper authority, if so required. No unlicensed vehicle or vessel shall be parked within the front yard areas of any residential lot.

Notwithstanding Subsection A(1) above, an unlicensed vehicle, boat or trailer may be stored on a residential lot for a period not to exceed three months, so long as it is in adequate running condition and provided that it is not visible from any public street or walkway.

No inoperable vehicle, boat or trailer, part thereof or other machinery or parts shall be stored outdoors upon any residential lot.

§ 155-6 Maintenance of exterior of structures.

Notwithstanding Subsection A(1) above, a temporary portable containerized property storage unit (PCPSU) may be stored on a residential lot for a period not to exceed 30 days or as extended in accordance with § 215-7, of the Code of Ordinances.

Additional restrictions. All outdoor storage and on site parking shall be in accordance with the requirements of § 215-7 of the Zoning Ordinance of the Borough of Mendham.

General. The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment.

Structural members. All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.

Exterior surfaces (foundations, walls and roof). Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair.

Foundation walls. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks so as not to be detrimental to public safety and welfare.

Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface-coated when required to prevent deterioration.

Roofs. The roof shall be structurally sound and tight and shall not have defects which might admit rain, and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building.

Chimneys. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weathercoating materials, such as paint, or similar surface treatment where necessary.

Stairs and porches. Every stair, porch and balcony, and all appurtenances attached thereto, shall be so constructed as to be safe to use and capable of supporting the loads to which they are subjected and shall be kept in sound condition and good repair.

§ 155-7 Resurfacing of existing parking areas and driveways.

Purpose. This section requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Mendham so as to protect public health, safety and welfare, and prescribes penalties for the failure to comply. In order to facilitate the upgrading of storm drain inlets, the Borough will maintain a list of suppliers in the area which keep inlet grates and compliant ECO heads in stock.

Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by Mendham Borough or another public body, and is designed and used for collecting and conveying stormwater.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

STORM DRAIN INLET

An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

WATERS OF THE STATE

All springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

Prohibited conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

Already meets the design standard below to control passage of solid and floatable materials; or

Is retrofitted or replaced to meet the standard in this § 155-7 prior to the completion of the project.

Design standard. Storm drain inlets identified in this § 155-7 shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 155-7G below.

Grates.

Property owners shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

Whenever property owners use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

This standard does not apply:

Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inch;

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or

§ 155-8 Vacant and abandoned properties.

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New-Jersey-Register-listed historic property.

Enforcement. This section shall be enforced by the Borough Administrator or any person(s) designated by the Administrator to perform such inspections for the Borough. These persons can be, but are not limited to, the Zoning Officer, Police Department, Borough Engineer, Engineering Inspector, Department of Public Works Superintendent and Building Code Official.

Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to one warning in accordance with § 155-13 of this chapter. Each storm drain inlet that is not retrofitted to meet the design standard may be considered a separate offense.

[4-3-2017 by Ord. No. 4-17; 9-14-2022 by Ord. No. 08-2022]

Definitions. The following terms, wherever used herein or referred to in this Code, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:

CREDITOR

A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose upon the residential or commercial mortgage changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor for purposes of this section. For purposes of this section, a creditor shall not include the state, a political subdivision of the state, a state, county, or local government entity, or their agent or assignee, such as the servicer.

RESPONSIBLE PARTY

The title holder of a vacant and abandoned property or a creditor responsible for the maintenance of a property.

STREET ADDRESS

An address at which a natural person who is the responsible party or an authorized agent actually resides or actively uses for business purposes and shall include a street name or rural delivery route.

VACANT AND ABANDONED PROPERTY

Any residential or commercial building which is not legally occupied by an owner, a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, and two or more of the conditions in exist:

Overgrown or neglected vegetation;

The accumulation of newspapers, circulars, flyers, or mail on the property;

Disconnected gas, electric, or water utility services to the property;

The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;

The accumulation of junk, litter, trash, or debris on the property;

The absence of window treatments such as blinds, curtains, or shutters;

The absence of furnishings and personal items;

Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;

Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;

(10)

Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;

(11)

A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;

(12)

An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;

(13)

The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;

(14)

A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or

(15)

Any other reasonable indicia of abandonment.

Property Registration Program.

Purpose. The purpose of this section is to create a Borough Property Registration Program for the purposes of identifying and monitoring vacant and abandoned residential and commercial properties within the Borough.

Responsibilities. The Borough Property Registration Program shall be responsible for regulating the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential and commercial on an annual basis.

Official. The Borough Code Enforcement Officer shall be responsible for administration of The Borough Property Registration Program.

Certificate of registration for vacant and abandoned property.

The responsible party for a vacant and abandoned property shall file a certificate of registration with the Clerk of the Borough within 90 days after the property becomes vacant and abandoned or within 30 days after the responsible party assumes ownership of or responsibility for an already vacant and abandoned property, whichever is later.

The certificate of registration shall be filed on forms prescribed by the Clerk and shall contain:

The name, street address, and telephone number of a natural person who resides or maintains an office within the state and who is either the responsible party or an authorized agent designated by the responsible party to receive notices and complaints of property maintenance and code violations on behalf of the responsible party.

The name, street address, and telephone number of the person responsible for maintaining the property, if different; and

(c)

Evidence of any liability insurance.

A responsible party for a vacant and abandoned property shall file an amended certificate of registration within 30 days after any change in the information required to be included thereon.

A certificate of registration shall remain valid for one year and shall be renewed on an annual basis if the property remains vacant and abandoned.

The fees associated with registration for a vacant and abandoned property shall be set forth in Chapter 102, Fees and Rates, of the Borough Code and paid to the Clerk.

Duties of responsible party.

Forty-five days after the Borough notifies the responsible party that the property is vacant and abandoned and until the property is reoccupied, the responsible party for a vacant and abandoned property shall:

Enclose and secure the property against unauthorized entry;

Post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the responsible party, any authorized agent designated by the responsible party for the purpose of receiving service of process, and the person responsible for maintaining the property if different

(c)

Acquire and otherwise maintain liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property.

This section shall not be construed to diminish any property maintenance responsibilities of property owners who are not subject to the provisions of this section.

Residential or commercial foreclosures.

The creditor filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the municipality pursuant to N.J.S.A. 46:10B-51 register the residential or commercial property with the Borough's Property Registration Program as a property in foreclosure.

Registration as a property in foreclosure. The creditor must provide the municipality with:

The information pursuant to § 155-8C(2);

The date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and

(c)

Identify whether the property is vacant and abandoned in accordance with the definition in § 155-8A; and

(d)

If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to register pursuant to the Property Registration Program following the filing of the summons and complaint, the creditor shall update the Property Registration Program within 10 days of the change in that information; and

(e)

If there is any change in the property's status, update the property registration with Borough's Property Registration Program to reflect the change; and

(f)

If the creditor is located out-of-state, the information of an in-state representative or agent to act for the foreclosing creditor.

The creditor filing a summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the Property Registration Program.

A foreclosed property is considered vacant and abandoned if it meets the definition of § 155-8A.

In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety.

Fees. The creditor will pay registration fees no later than January 31 of each year in as set forth in Chapter 102 of the Borough Code.

Any fines imposed pursuant to this section shall commence 31 days following receipt of the notice of violation, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.

Penalties for out-of-state creditors. An out-of-state creditor who fails to appoint an in-state representative or agent after the 10th day of the period set forth in N.J.S.A. 46:10B-51 shall be subject to a fine of $2,500 for each day of the violation.

Twenty percent of any money collected pursuant to this section shall be utilized by the municipality for code enforcement purposes.

Provisions only applicable to commercial properties.

For the purposes of this section only, "creditor" means a state-chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the "New Jersey Residential Mortgage Lending Act," N.J.S.A. 17:11C-51 through 17:11C-89, and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers. For purposes of this section, a creditor shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer.

A creditor serving a summons and complaint in an action to foreclose on a mortgage on commercial property shall, within 10 days of serving the summons and complaint, notify the Borough Clerk and the Mayor that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property.

The notice shall contain the full name, address, and telephone number for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations and the full name and contact information for any person or entity retained by the creditor or a representative of the creditor to be responsible for any care, maintenance, security, or upkeep of the property.

The notice may contain information about more than one property and shall be provided by mail and electronic mail communication.

The Borough Clerk shall forward a copy of the notice to the Enforcement Officer.

The notice shall also include the street address, lot, and block number of the property.

If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to be provided in a notice pursuant to this paragraph following the filing of the summons and complaint, the creditor shall provide a notice to the Borough Clerk containing the updated name, address, or telephone number within 10 days of the change in that information.

If the owner of a commercial property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a commercial property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the exterior of the property is found to be a nuisance or in violation of any applicable state or local code, the Code Enforcement official shall notify the creditor or the representative or agent.

The Borough shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation.

(10)

If the creditor fails to remedy the violation within that time period, the Borough may impose penalties allowed for the violation of municipal ordinances.

(11)

If the Borough expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to the provisions of Subsection F(8) of this section but failed to abate the nuisance or correct the violation as directed, the Borough shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100.

Penalties and fees. Penalties and fees applicable to violations of this section are set forth in Chapter 102 of the Borough Code.

§ 155-9 Access to properties.

When the lack of maintenance of a Borough property results in violations of the Borough's Property Maintenance Code which are obvious from adjacent public rights-of-way or from adjoining property whose owners have provided access for the purpose of inspecting the property containing the violations, the property maintenance enforcement officer shall send a notice to the owner of record for the subject property citing the visible violations and demanding access to the property to conduct a more thorough inspection. The notice shall specify a time frame for the correction of the visible violations as provided for in this Property Maintenance Code. Said notice may also set forth a day and time for the more thorough inspection, which time shall be no less than 10 days after the mailing of the notice. If owner of the property or his designated agent are not present for this inspection and/or do not object to the enforcement officer making the inspection, the enforcement officer can conduct an inspection of the exterior of the property and shall send to the owner of record a statement indicating the findings of said inspection and any required repairs or violations. If the property owner refuses to allow the inspection, the enforcement officer shall file a complaint with the Municipal Court citing the violations visible from the public right-of-way or adjacent properties seeking not only the abatement of the violations cited but also authority to conduct a more thorough inspection.

§ 155-10 Enforcement officer.

The provisions of this chapter shall be enforced by the Construction Official and/or the Zoning Officer, with the assistance of the Police Department, the Fire Prevention Bureau, and the Health Department.

§ 155-11 (Reserved) [1]

[1]

Editor's Note: Former § 155-11, Notice and appeal process, was repealed 9-14-2022 by Ord. No. 08-2022.

§ 155-12 Emergency conditions.

Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in § 155-11 reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency.

§ 155-13 Violations and penalties.

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed $500, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

§ 155-14 Building Standards Board.

To provide for an appeal process from any order of the enforcement officer concerning the Property Maintenance Code, there is hereby created a Building Standards Board. The Board shall consist of the Borough Administrator, the Borough Health Officer and a representative of the Borough Council selected by the Council and a representative from the Planning Board as appointed by the Mayor. The Board shall meet when an appeal is filed by a property owner who takes exception to enforcement action under the Property Maintenance Code. All meetings shall be duly noticed by the Borough Clerk, and open to the public. The Borough Administrator shall serve as the Secretary of the Board, providing notice to all appellants as well as maintaining records and minutes of all meetings and proceedings, copies of which shall be public records and provided to the Mayor and Council. The Board shall render decisions on all appeals within 30 days of receiving notice of the appeal. During the appeal process, the enforcement action of the enforcement official is stayed.

§ 155-15 Borough intervention.

Filing of report with governing body. If, within the time permitted, the owner shall fail to abate the nuisance, correct the defect or defects or put the premises in proper condition so as to comply with the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Borough, after notice thereof and opportunity to do so as provided elsewhere in this chapter, the enforcement official shall forthwith file a report with the governing body of the Borough of Mendham, which said report shall set forth in detail the condition or conditions constituting the nuisance or the defect or defects and shall contain a copy of the notice served upon the owner and the date and the manner thereof and a certification that such condition or conditions still exist.

Hearing; resolution to abate; expenditure of municipal funds.

Upon the filing of the report by the enforcement official, a hearing shall be held upon at least five days' notice to the owner, served in the same manner as is provided elsewhere. At such hearing, the enforcement official shall submit a report of his findings and recommendations to the Borough Council. If the governing body is of the opinion that such action is in the public interest, the governing body may adopt a resolution in the public's interest to abate the nuisance, to correct the defect or defects or to put the premises in proper condition so as to comply with the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Borough, at the cost and expense of the owner.

The governing body may, by such resolution, also authorize the expenditure of municipal funds and fix the amount thereof for the purpose of correcting such conditions, and, in such cases where the nuisance or defect falls within a category for which there is statutory authority for the creating of a tax lien, such expenditure shall be charged against the premises, and the amount thereof shall be a lien collectible as provided in this chapter.

The enforcement official or the Superintendent of Public Works, depending upon the volume of the work performed in accordance with the resolution at Borough's expense, not to exceed the amount specified in the resolution, shall, upon completion thereof, submit a report of the monies expended and costs to the Borough Council.

After review of the report, the Borough Council 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, whereupon the same, shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection, and a copy of the report and resolution for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner.

§ 155-16 Lead-based paint inspections.

[Added 4-12-2023 by Ord. No. 03-2023]

Definitions. The following terms shall have the meanings indicated below pursuant to N.J.S.A. 52:27D-437.16, as may be amended and which is incorporated by reference.

DUST WIPE SAMPLING

A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.

TENANT TURNOVER

The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.

VISUAL ASSESSMENT

A visual examination for deteriorated paint or visible surface dust, debris, or residue.

Inspections by Borough. The Construction Code Official shall inspect every single-family, two-family, and multiple-rental dwelling located within the Borough at tenant turnover for lead-based paint hazards or by July 22, 2024, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with this section. The Borough shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Borough in advance of any inspection, a fee as set forth in § 102-1 of the Borough Code, for each unit inspected to cover the cost of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing this section.

Option for owner/landlord to hire lead evaluation contractor. The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 155-16B, instead of the Borough conducting the inspection. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Construction Code Official" shall also mean and include such lead evaluation contractor for purposes of this section, except for the purposes of § 155-16M.

Consultation with local health board. The Construction Code Official with the duty to inspect single-family, two-family, and multiple-rental dwellings pursuant to this section may consult with the local health board, the New Jersey Department of Health, or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.

Exceptions for inspections. Notwithstanding any language in § 155-16B to the contrary, a dwelling unit in a single-family, two-family, or multiple-rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:

Has been certified to be free of lead-based paint;

Was constructed during or after 1978;

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-l et seq.);

Is a single-family or two-family seasonal rental dwelling that is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals; or

Has a valid lead-safe certification issued in accordance with this section.

Remediation. If the Construction Code Official finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to § 155-16B, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et seq.). Upon the remediation of the lead-based paint hazard, the Construction Code Official shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The Construction Code Official shall charge an additional fee as set forth in § 102-1 of the Borough Code for such inspection.

Lead-safe certification. If the Construction Code Official finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to § 155-16B, or following remediation of a lead-based paint hazard pursuant to § 155-16F, then the Construction Code Official shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by Construction Code Official pursuant to this section shall be valid for two years.

Production of lead-safe certification. Beginning on July 22, 2024, property owners shall:

Provide evidence of a valid lead-safe certification obtained pursuant to this section as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1, et seq.), unless not required to have had an inspection by the Construction Code Official pursuant to § 155-16E(1), (2), or (3);

Provide evidence of a valid lead-safe certification obtained pursuant to this section to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Construction Code Official pursuant to § 155-16E(1), (2), (3), and (4), and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and

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, unless not required to have had an inspection by the Construction Code Official pursuant to § 155-16E(1), (2), (3) and (4).

Notification to Commissioner of Department of Community Affairs. If the Construction Code Official finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the Construction Code Official shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.8).

Inspection of two- or three-dwelling units. If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two- or three-dwelling units, then the Construction Code Official shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The Construction Code Official may charge an additional fee as set forth in § 102-1 of the Borough Code for each additional inspection.

Fees. In addition to the fees charged for inspection of rental housing, the Borough shall assess an additional fee of $20 per unit inspected by the Construction Code Official for the purposes of, and as required by the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et seq., as may be amended from time to time) concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs already has assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common-interest community, any inspection fee charged pursuant to this section shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this section shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4, as required by law.

Inspections as a result of testing of children of six years of age or younger.

If less than 3% of children tested in the Borough, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the New Jersey Department of Health pursuant to N.J.S.A. 26:2-137.6, or according to other data deemed appropriate by the Commissioner (as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16), then the Construction Code Official may inspect a dwelling located therein for lead-based paint hazards through visual assessment.