[7-25-2017 by Ord. No.
2017-21]
These regulations shall be known as the "International Property
Maintenance Code of the Borough of Bound Brook" (the "Borough"), hereinafter
referred to as the "code."
[7-25-2017 by Ord. No.
2017-21]
The provisions of the code shall apply to all existing residential
and nonresidential structures and all existing premises and shall
constitute minimum requirements and standards for premises, structures,
equipment and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, a reasonable level of safety from fire
and other hazards, and for a reasonable level of sanitary maintenance;
the responsibility of owners, an owner's authorized agent, operators
and occupants; the occupancy of existing structures and premises;
and for administration, enforcement and penalties.
[7-25-2017 by Ord. No.
2017-21]
The code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
[7-25-2017 by Ord. No.
2017-21]
Where there is a conflict between a general requirement and
a specific requirement, the specific requirement shall govern. Where
differences occur between provisions of the code and the referenced
standards, the provisions of the code shall apply. Where, in a specific
case, different sections of the code specify different requirements,
the most restrictive shall govern.
[7-25-2017 by Ord. No.
2017-21]
Equipment, systems, devices and safeguards required by the code,
or by a previous regulation or code under which the structure or premises
was constructed, altered or repaired, shall be maintained in good
working order. No owner, owner's authorized agent, operator or occupant
shall cause any service, facility, equipment or utility that is required
hereunder to be removed from, shut off from or discontinued for any
occupied dwelling, except for such temporary interruption as necessary
while repairs or alterations are in progress. The requirements of
the code are not intended to provide the basis for removal or abrogation
of fire protection and safety systems and devices in existing structures.
Except as otherwise specified herein, the owner or the owner's authorized
agent shall be responsible for the maintenance of buildings, structures
and premises.
[7-25-2017 by Ord. No.
2017-21]
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of New Jersey law and Borough ordinances. In the event of any inconsistency between the provisions of the code and other applicable law or ordinance, the more-stringent provision shall apply. Nothing in the code shall be construed to cancel, modify or set aside any provisions of the Borough's land use ordinances (Land Use Chapter 21).
[7-25-2017 by Ord. No.
2017-21]
The provisions in the code shall not be construed to abolish
or impair existing remedies of the Borough or its officers or agencies
relating to the removal or demolition of any structure that is dangerous,
unsafe and insanitary.
[7-25-2017 by Ord. No.
2017-21]
Repairs, maintenance work, alterations or installations that
are caused directly or indirectly by the enforcement of the code shall
be executed and installed in a workmanlike manner and installed in
accordance with the manufacturer's instructions.
[7-25-2017 by Ord. No.
2017-21]
The provisions of the code shall not be mandatory for existing
buildings or structures designated as historic buildings where such
buildings or structures are deemed by the Code Official to be safe
and in the public interest of health, safety and welfare.
[7-25-2017 by Ord. No.
2017-21]
Requirements necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare, not specifically covered
by the code shall be determined by the Code Official.
[7-25-2017 by Ord. No.
2017-21]
References to chapter or section numbers, or to provisions not
specifically identified by number, shall be construed to refer to
such chapter, section or provision of the code.
[7-25-2017 by Ord. No.
2017-21]
The provisions of the code shall not be deemed to nullify any
provisions of local, state or federal law.
[7-25-2017 by Ord. No.
2017-21]
The Department of Property Maintenance Inspection is hereby
created. The executive official in charge thereof shall be known as
the "Director of Code Enforcement." Inspections and enforcement actions
will be conducted by the Director of Code Enforcement or his/her designees,
who will be titled "Code Enforcement Inspector." The Code Enforcement
Inspector shall have such additional powers as may be delegated by
the Director of Code Enforcement. All references in the code to enforcement
by the Director of Code Enforcement shall also mean enforcement by
Code Enforcement Inspectors.
[7-25-2017 by Ord. No.
2017-21]
Upon nomination of the Mayor, and by and with the advice and
consent of the Council, the Director of Code Enforcement shall be
appointed to serve for a term of one year until his successor shall
be appointed and qualified. A vacancy in office shall be filled for
the balance of the unexpired term.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement, and all Code Enforcement Inspectors,
while acting for the Borough in good faith and without malice in the
discharge of the duties required by the code or other pertinent law
or ordinance, shall not thereby be rendered civilly or criminally
liable personally, and they are hereby relieved from all personal
liability for any damage accruing to persons or property as a result
of an act or by reason of an act or omission in the discharge of official
duties.
[7-25-2017 by Ord. No.
2017-21]
Any suit or criminal complaint instituted against the Director
of Code Enforcement, Code Enforcement Inspector(s) or any other official
or employee because of an act performed by such person in the lawful
discharge of duties and under the provisions of the code shall be
defended by the legal representative of the Borough until the final
termination of the proceedings. The Director of Code Enforcement,
Code Enforcement Inspector(s) or other official or employee shall
not be liable for costs in an action, suit or proceeding that is instituted
as a result of enforcement of the provisions of the code.
[7-25-2017 by Ord. No.
2017-21]
An official or employee charged with enforcement of the code
shall not engage in, directly or indirectly, the furnishing of labor,
materials or appliances for the construction, alteration or maintenance
of a building, or the preparation of construction documents thereof,
unless the official or employee is the owner of the building; nor
shall such official or employee engage in any work that conflicts
with his/her official duties.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement and Code Enforcement Inspectors
are hereby authorized and directed to enforce the provisions of the
code. The Director of Code Enforcement shall have the authority to
render interpretations of the code and to adopt policies and procedures
in order to clarify the application of the code. Such interpretations,
policies and procedures shall be in compliance with the intent and
purpose of the code and shall be uniformly applied. Such policies
and procedures shall not have the effect of waiving requirements specifically
provided for in the code.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement shall have authority, as necessary
in the interest of public health, safety and general welfare, to adopt
and promulgate procedures to implement the provisions of the code
and to designate requirements applicable because of local climatic
or other conditions. Such procedures shall not have the effect of
waiving structural or fire performance requirements specifically provided
for in the code or of violating accepted engineering methods involving
public safety.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement is authorized to enter a structure
or premises at reasonable times to inspect, subject to constitutional
restrictions on unreasonable searches and seizures. If entry is refused
or not obtained, the Code Official is authorized to pursue recourse
as provided by law.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement and all Code Enforcement Inspectors
shall carry proper identification when inspecting structures or premises
in the performance of duties under the code.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement and all Code Enforcement Inspectors
shall issue all necessary notices or orders to ensure compliance with
the code.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement shall keep official records
specified in the provisions of the code. Such records shall be retained
in the official records as long as the building or structure to which
such records relate remains in existence, unless otherwise provided
by other regulations.
[7-25-2017 by Ord. No.
2017-21]
Whenever there are practical difficulties involved in carrying
out the provisions of the code, the Director of Code Enforcement shall
have the authority to grant modifications for individual cases upon
application of the owner or owner's authorized agent, provided the
Director of Code Enforcement shall first find that special, individual
reason(s) make(s) the strict letter of the code impractical, the modification
is in compliance with the intent and purpose of the code and that
such modification does not lessen health, life and firesafety requirements.
The details of action granting modifications shall be recorded and
entered in the Department of Code Enforcement files.
[7-25-2017 by Ord. No.
2017-21]
The provisions of the code are not intended to prevent the installation
of any material or to prohibit any method of construction not specifically
prescribed by the code, provided that any such alternative has been
approved. An alternative material or method of construction shall
be approved where the Director of Code Enforcement finds that the
proposed design is satisfactory and complies with the intent of the
provisions of the code and that the material, method or work offered
is, for the purpose intended, at least the equivalent of that prescribed
in the code in quality, strength, effectiveness, fire-resistance,
durability and safety. Where the alternative material, design or method
of construction is not approved, the Director of Code Enforcement
shall respond in writing, stating the reasons the alternative was
not approved.
[ 7-25-2017 by Ord. No.
2017-21]
Whenever there is insufficient evidence of compliance with the
provisions of the code or evidence that a material or method does
not conform to the requirements of the code, or in order to substantiate
claims for alternative materials or methods, the Director of Code
Enforcement shall have the authority to require tests to be made as
evidence of compliance, at no expense to the Borough.
[7-25-2017 by Ord. No.
2017-21]
Test methods shall be as specified in the code or by other recognized
test standards. In the absence of recognized and accepted test methods,
the Director of Code Enforcement shall be permitted to approve appropriate
testing procedures performed by an approved agency.
[7-25-2017 by Ord. No.
2017-21]
Reports of tests shall be retained by the Director of Code Enforcement
for the period required for retention of public records.
[7-25-2017 by Ord. No.
2017-21]
The use of used materials that meet the requirements of the
code for new materials is permitted. Materials, equipment and devices
shall not be reused unless such elements are in good repair or have
been reconditioned and tested where necessary, placed in good and
proper working condition and approved by the Director of Code Enforcement.
[7-25-2017 by Ord. No.
2017-21]
Materials, equipment and devices approved by the Director of
Code Enforcement shall be constructed and installed in accordance
with such approval.
[7-25-2017 by Ord. No.
2017-21]
Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in the code,
shall consist of valid research reports from approved sources.
[7-25-2017 by Ord. No.
2017-21]
It shall be unlawful for a person, firm or corporation to be
in conflict with or in violation of any of the provisions of the code.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement or Code Enforcement Inspector may file a summons and/or complaint in the municipal court or cause the issuance of the same, whether or not a notice of violation or order shall have been served, except for violations of Subsections 17-23.2 through 17-23.5 of the code. Any such summons and/or complaint shall be processed in accordance with law.
[7-25-2017 by Ord. No.
2017-21]
Any person failing to comply with a notice of violation or order served in accordance with Section 17-7 of the code shall be deemed guilty of a disorderly persons' offense, the violation shall be deemed a strict liability offense, and a summons with a mandatory municipal court appearance will be issued by the Director of Code Enforcement or Code Enforcement Inspector. The Director of Code Enforcement or Code Enforcement Inspector may seek imposition of daily fines for unabated violations.
[7-25-2017 by Ord. No.
2017-21]
Any person who shall violate a provision of the code, or fail
to comply therewith, or with any of the requirements thereof, shall
be prosecuted within the limits provided by state or local laws. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
[7-25-2017 by Ord. No.
2017-21]
The imposition of the penalties herein prescribed shall not
preclude the legal officer of the jurisdiction from instituting appropriate
action to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises, or to stop an illegal
act, conduct, business or utilization of the building, structure or
premises.
[7-25-2017 by Ord. No.
2017-21; 12-12-2017 by Ord. No. 2017-35]
As prescribed in Section 17-6.2, the Director of Code Enforcement or Code Enforcement Inspector may file a summons and/or complaint in the municipal court or cause the issuance of the same, whether or not a notice of violation or order shall have been served. Whenever the Director of Code Enforcement elects to issue a notice of violation in lieu of summons, notice shall be given in the manner prescribed in Sections 17-7.2 and 17-7.3 to the person responsible for the violation as specified in the code. Notices for condemnation procedures shall also comply with Section 17-8.8.
[7-25-2017 by Ord. No.
2017-21]
Such notice prescribed in Section 17-7.1 shall be in accordance with all of the following:
a.
Be in writing;
b.
Notice in Spanish shall be given if the household's primary language
is Spanish;
c.
Include a description of the real estate sufficient for identification;
d.
Include a statement of the violation or violations and why the notice
is being issued; and
e.
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of the code.
[7-25-2017 by Ord. No.
2017-21]
Such notice shall be deemed to be properly served if a copy
thereof is:
a.
Delivered personally; or
b.
Affixed to the front door of the property with twenty-four-hour notice
to abate and a photo of the notice affixed to the front door is taken;
or
c.
Sent by certified or first-class mail addressed to the last-known
address; or
d.
If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice.
[7-25-2017 by Ord. No.
2017-21]
Signs, tags or seals posted or affixed by the Director of Code
Enforcement or Code Enforcement Inspector shall not be mutilated,
destroyed or tampered with, or removed without authorization from
the Director of Code Enforcement.
[7-25-2017 by Ord. No.
2017-21]
It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose
of such dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner or the owner's authorized agent shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the Director
of Code Enforcement or Code Enforcement Inspector, and shall furnish
to the Director of Code Enforcement a signed and notarized statement
from the grantee, transferee, mortgagee or lessee, acknowledging the
receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
[7-25-2017 by Ord. No.
2017-21]
When a structure or equipment is found by the Director of Code
Enforcement to be unsafe, or when a structure is found unfit for human
occupancy, or is found unlawful, such structure shall be condemned
pursuant to the provisions of the code.
[7-25-2017 by Ord. No.
2017-21]
An unsafe structure is one that is found to be dangerous to
the life, health, property or safety of the public or the occupants
of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation that
partial or complete collapse is possible.
[7-25-2017 by Ord. No.
2017-21]
Unsafe equipment includes any boiler, heating equipment, elevator,
moving stairway, electrical wiring or device, flammable-liquid containers
or other equipment on the premises or within the structure which is
in such disrepair or condition that such equipment is a hazard to
life, health, property or safety of the public or occupants of the
premises or structure.
[7-25-2017 by Ord. No.
2017-21]
A structure is unfit for human occupancy whenever the Director
of Code Enforcement finds that such structure is unsafe, unlawful
or, because of the degree to which the structure is in disrepair or
lacks maintenance, is unsanitary, vermin- or rat-infested, contains
filth and contamination, or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by the
code, or because the location of the structure constitutes a hazard
to the occupants of the structure or to the public.
[7-25-2017 by Ord. No.
2017-21]
An unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under the code, or a structure
or part thereof that was erected, altered or occupied contrary to
law.
[7-25-2017 by Ord. No.
2017-21]
For purposes of the code, any structure or premises that has
any or all of the conditions or defects described below shall be considered
dangerous:
a.
Any door, aisle, passageway, stairway, exit or other means of egress
that does not conform to the approved building or fire code of or
applicable to the Borough as related to the requirements for existing
buildings.
b.
The walking surface of any aisle, passageway, stairway, exit or other
means of egress is so warped, worn, loose, torn or otherwise unsafe
as to not provide a safe and adequate means of egress.
c.
Any portion of a building, structure or appurtenance that has been
damaged by fire, earthquake, wind, flood, deterioration, neglect,
abandonment, vandalism or by any other cause to such an extent that
it is likely to partially or completely collapse, or to become detached
or dislodged.
d.
Any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof, that is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place, so as to be
capable of resisting natural or artificial loads of 1 1/2 the
original designed value.
e.
The building or structure, or part of the building or structure,
because of dilapidation, deterioration, decay, faulty construction,
the removal or movement of some portion of the ground necessary for
support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fail or give way.
f.
The building or structure, or any portion thereof, is clearly unsafe
for its use and occupancy.
g.
The building or structure is neglected, damaged, dilapidated, unsecured
or abandoned so as to become an attractive nuisance to children who
might play in the building or structure to their danger, becomes a
harbor for vagrants, criminals or immoral persons, or enables persons
to resort to the building or structure for committing a nuisance or
an unlawful act.
h.
Any building or structure has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building or structure provided by the approved building or
fire code of or applicable to the Borough, or of any law or ordinance
to such an extent as to present either a substantial risk of fire,
building collapse or any other threat to life and safety.
i.
A building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, inadequate light, ventilation,
mechanical or plumbing system, or otherwise, is determined by the
Director of Code Enforcement to be unsanitary, unfit for human habitation
or in such a condition that is likely to cause sickness or disease.
j.
Any building or structure, because of a lack of sufficient or proper
fire-resistance-rated construction, fire-protection systems, electrical
system, fuel connections, mechanical system, plumbing system or other
cause, is determined by the Director of Code Enforcement to be a threat
to life or health.
k.
Any portion of a building remains on a site after the demolition
or destruction of the building or structure or whenever any building
or structure is abandoned so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
[7-25-2017 by Ord. No.
2017-21]
If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the Director
of Code Enforcement is authorized to post a placard of condemnation
on the premises and order the structure closed up so as not to be
an attractive nuisance. Upon failure of the owner or owner's authorized
agent to close up the premises within the time specified in the order,
the Director of Code Enforcement shall cause the premises to be closed
and secured through any available public agency or by contract or
arrangement by private persons, and the cost thereof shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate and shall be collected by any other
legal recourse.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement shall have the authority to
authorize disconnection of utility service to the building, structure
or system regulated by the code in case of emergency where necessary
to eliminate an immediate hazard to life or property or where such
utility connection has been made without approval. The Director of
Code Enforcement shall notify the serving utility and, whenever possible,
the owner or owner's authorized agent and occupant of the building,
structure or service system of the decision to disconnect prior to
taking such action. If not notified prior to disconnection, the owner,
owner's authorized agent or occupant of the building, structure or
service system shall be notified in writing as soon as practical thereafter.
[7-25-2017 by Ord. No.
2017-21]
Whenever the Director of Code Enforcement has condemned a structure or equipment under the provisions of this Section 17-8, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 17-7.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 17-7.2.
[7-25-2017 by Ord. No.
2017-21]
Upon failure of the owner, owner's authorized agent or person
responsible to comply with the notice provisions within the time given,
the Director of Code Enforcement shall post on the premises or on
defective equipment a placard bearing the word "Condemned" and a statement
of the penalties provided for occupying the premises, operating the
equipment or removing the placard.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Director of Code Enforcement shall be subject to the penalties
provided by the code.
[7-25-2017 by Ord. No.
2017-21]
Any occupied structure condemned and placarded by the Director
of Code Enforcement shall be vacated as ordered by the Director of
Code Enforcement. Any person who shall occupy a placarded premises
or shall operate placarded equipment, and any owner, owner's authorized
agent or person responsible for the premises who shall let anyone
occupy a placarded premises or operate placarded equipment, shall
be liable for the penalties provided by the code.
[7-25-2017 by Ord. No.
2017-21]
The owner, owner's authorized agent, operator or occupant of
a building, premises or equipment deemed unsafe by the Director of
Code Enforcement shall abate or cause to be abated or corrected such
unsafe conditions either by repair, rehabilitation, demolition or
other approved corrective action.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement shall cause a report to be
filed on an unsafe condition. The report shall state the occupancy
of the structure and the nature of the unsafe condition.
[7-25-2017 by Ord. No.
2017-21]
When, in the opinion of the Director of Code Enforcement, there
is imminent danger of failure or collapse of a building or structure
that endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the Director
of Code Enforcement is hereby authorized and empowered to order and
require the occupants to vacate the premises forthwith. The Director
of Code Enforcement shall cause to be posted at each entrance to such
structure a notice reading as follows: "This Structure Is Unsafe and
Its Occupancy Has Been Prohibited by the Director of Code Enforcement."
It shall be unlawful for any person to enter such structure except
for the purpose of securing the structure, making the required repairs,
removing the hazardous condition or of demolishing the same.
[7-25-2017 by Ord. No.
2017-21]
Notwithstanding other provisions of the code, whenever, in the
opinion of the Director of Code Enforcement, there is imminent danger
due to an unsafe condition, the Director of Code Enforcement shall
order the necessary work to be done, including the boarding up of
openings, to render such structure temporarily safe whether or not
the legal procedure herein described has been instituted; and shall
cause such other action to be taken as the Director of Code Enforcement
deems necessary to meet such emergency.
[7-25-2017 by Ord. No.
2017-21]
When necessary for public safety, the Director of Code Enforcement
shall temporarily close structures and close, or order the authority
having jurisdiction to close, sidewalks, streets, public ways and
places adjacent to unsafe structures and prohibit the same from being
utilized.
[7-25-2017 by Ord. No.
2017-21]
For the purposes of this Section 17.9, the Director of Code
Enforcement shall employ the necessary labor and materials to perform
the required work as expeditiously as possible.
[7-25-2017 by Ord. No.
2017-21]
Costs incurred in the performance of emergency work shall be
paid by the Borough. The costs of such repair shall be charged against
the real estate upon which the repairs were made and shall be a lien
upon such real estate.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement shall order the owner or owner's
authorized agent of any premises upon which is located any structure
which, in the Director of Code Enforcement's or owner's authorized
agent's judgment, after review, is so deteriorated or dilapidated
or has become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation or occupancy, and such that
it is unreasonable to repair the structure, to demolish and remove
such structure; or if such structure is capable of being made safe
by repairs, to repair and make safe and sanitary, or to board up and
hold for future repair, or to demolish and remove at the owner's option;
or where there has been a cessation of normal construction of any
structure for a period of more than two years, the Director of Code
Enforcement shall order the owner or owner's authorized agent to demolish
and remove such structure, or board up until future repair.
[7-25-2017 by Ord. No.
2017-21]
Notices and orders shall comply with Section 17-7.
[7-25-2017 by Ord. No.
2017-21]
If the owner of a premises or owner's authorized agent fails
to comply with a demolition order within the time prescribed, the
Director of Code Enforcement shall cause the structure to be demolished
and removed, either through an available public agency or by contract
or arrangement with private persons, and the cost of such demolition
and removal shall be charged against the real estate upon which the
structure is located and shall be a lien upon such real estate.
[7-25-2017 by Ord. No.
2017-21]
When any structure has been ordered demolished and removed,
the governing body or other designated officer under said contract
or arrangement aforesaid shall have the right to sell the salvage
and valuable materials. The net proceeds of such sale, after deducting
the expenses of such demolition and removal, shall be promptly remitted
with a report of such sale or transaction, including the items of
expense and the amounts deducted, for the person who is entitled thereto,
subject to any order of a court. If such a surplus does not remain
to be turned over, the report shall so state.
[7-25-2017 by Ord. No.
2017-21]
Whenever the Director of Code Enforcement finds any work regulated
by the code being performed in a manner contrary to the provisions
of the code or in a dangerous or unsafe manner, the Director of Code
Enforcement is authorized to issue a stop-work order.
[7-25-2017 by Ord. No.
2017-21]
A stop-work order shall be in writing and shall be given to
the owner of the property, to the owner's authorized agent, or to
the person doing the work. Upon issuance of a stop-work order, the
cited work shall immediately cease. The stop-work order shall state
the reason for the order and the conditions under which the cited
work is authorized to resume.
[7-25-2017 by Ord. No.
2017-21]
Where an emergency exists, the Director of Code Enforcement
shall not be required to give a written notice prior to stopping the
work.
[7-25-2017 by Ord. No.
2017-21]
Any person who shall continue any work after having been served
with a stop-work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be subject
to a fine of not less than $100 nor more than $2,000.
Unless otherwise expressly stated, the following terms shall, for the purposes of the code, have the meanings shown in this Section 17-12.
[7-25-2017 by Ord. No.
2017-21]
Words stated in the present tense include the future; words
stated in the masculine gender include the feminine and neuter; the
singular number includes the plural, and the plural, the singular.
[7-25-2017 by Ord. No.
2017-21]
Where terms are not defined in the code and are defined in the
International Building Code, International Existing Building Code,
International Fire Code, International Fuel Gas Code, International
Mechanical Code, International Plumbing Code, International Residential
Code, International Zoning Code or NFPA 70, such terms shall have
the meanings ascribed to them as stated in those codes.
[7-25-2017 by Ord. No.
2017-21]
Where terms are not defined through the methods authorized by this Section 17-12, such terms shall have ordinarily accepted meanings such as the context implies.
[7-25-2017 by Ord. No.
2017-21]
Whenever the words "dwelling unit," "dwelling," "premises,"
"building," "rooming house," "rooming unit," "housekeeping unit" or
"story" are stated in the code, they shall be construed as though
they were followed by the words "or any part thereof."
[7-25-2017 by Ord. No.
2017-21]
As used in this chapter, the following terms shall have the
meanings indicated:
Secured in a manner that provides positive connection.
Acceptable to the Director of Code Enforcement.
That portion of a building that is partly or completely below
grade.
A room containing plumbing fixtures including a bathtub or
shower.
Any room or space used or intended to be used for sleeping
purposes in either a dwelling or sleeping unit.
The Director of Code Enforcement, who is charged with the
administration and enforcement of the code, or any duly designated
Code Enforcement Inspector.
To adjudge unfit for occupancy.
The costs shall include the actual costs of the demolition
or repair of the structure less revenues obtained if salvage was conducted
prior to demolition or repair. Costs shall include, but not be limited
to, expenses incurred or necessitated related to demolition or emergency
repairs, such as asbestos survey and abatement if necessary; costs
of inspectors, testing agencies or experts retained relative to the
demolition or emergency repairs; costs of testing; surveys for other
materials that are controlled or regulated from being dumped in a
landfill; title searches; mailing(s); postings; recording; and attorneys'
fees expended for recovering the cost of emergency repairs or to obtain
or enforce an order of demolition made by a Code Official or the governing
body.
When a structural element is physically disconnected from
another and that connection is necessary to provide a positive connection.
To weaken, disintegrate, corrode, rust or decay and lose
effectiveness.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above a lot or lots.
Those structural members or assemblies of members or manufactured
elements, including braces, frames, lugs, snuggers, hangers or saddles,
that transmit gravity load, lateral load and operating load between
the equipment and the structure.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A building component or a system of building components located
at or near the open sides of elevated walking surfaces that minimizes
the possibility of a fall from the walking surface to a lower level.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
Any building or structure that is one or more of the following:
Listed or certified as eligible for listing, by the State Historic
Preservation Officer or the keeper of the National Register of Historic
Places, on the National Register of Historic Places.
Designated as historic under an applicable state or local law.
Certified as a contributing resource within a National Register
or state or locally designated historic district.
A room or group of rooms forming a single habitable space,
equipped and intended to be used for living, sleeping, cooking and
eating, that does not contain, within such a unit, a toilet, lavatory
and bathtub or shower.
A condition which could cause serious or life-threatening
injury or death at any time.
The presence, within or contiguous to a structure or premises,
of insects, rodents, vermin or other pests.
A vehicle which cannot be driven upon the public streets
for reasons including, but not limited to, being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
Equipment, materials or products to which have been affixed
a label, seal, symbol or other identifying mark of a nationally recognized
testing laboratory, inspection agency or other organization concerned
with product evaluation that maintains periodic inspection of the
production of the above-labeled items and whose labeling indicates
either that the equipment, material or product meets identified standards
or has been tested and found suitable for a specified purpose.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
The lack of proper maintenance for a building or structure.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building or having
possession of a space within a building.
That part of a window, skylight or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having legal
or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food or water; or by other
approved pest elimination methods.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen
facilities, but not both. Such rooms and spaces that are also part
of a dwelling unit are not sleeping units.
An offense in which the prosecution in a legal proceeding
is not required to prove criminal intent as a part of its case. It
is enough to prove that the defendant either did an act which was
prohibited or failed to do an act which the defendant was legally
required to do.
That which is built or constructed or a portion thereof.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal but not a bathtub
or shower.
The deformation at which failure occurs and which shall be
deemed to occur if the sustainable load reduces to 80% or less of
the maximum strength.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
Executed in a skilled manner; e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
An open space on the same lot with a structure.
[7-25-2017 by Ord. No.
2017-21]
The provisions of the code shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
[7-25-2017 by Ord. No.
2017-21]
The owner of the premises shall maintain the structures and
exterior property in compliance with these requirements, except as
otherwise provided for in the code. A person shall not occupy as owner-occupant
or permit another person to occupy premises that are not in a sanitary
and safe condition and that do not comply with the requirements of
the code. Occupants of a dwelling unit, rooming unit or housekeeping
unit are responsible for keeping in a clean, sanitary and safe condition
that part of the dwelling unit, rooming unit, housekeeping unit or
premises which they occupy and control.
[7-25-2017 by Ord. No.
2017-21]
Vacant structures and premises thereof or vacant land shall
be maintained in a clean, safe, secure and sanitary condition as provided
herein and as detailed herein, so as not to cause a blighting problem
or adversely affect the public health or safety.
[7-25-2017 by Ord. No.
2017-21]
Exterior property and premises shall be maintained in a clean,
safe and sanitary condition. The property owner shall be responsible
to keep the exterior of the property in a clean and sanitary condition.
[7-25-2017 by Ord. No.
2017-21]
[7-25-2017 by Ord. No.
2017-21]
Sidewalks, walkways, stairs, driveways, parking spaces and similar
areas shall be kept in a proper state of repair and maintained free
from hazardous conditions.
[7-25-2017 by Ord. No.
2017-21]
a.
Premises and exterior property shall be maintained free from weeds, grass, or plant growth in excess of eight inches. Noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. Violators of this Section 17-14.4 shall be issued a summons by the Director of Code Enforcement, with a mandatory court appearance.
[7-25-2017 by Ord. No.
2017-21]
Trees, shrubs, hedges and bushes shall be kept neat and trim
so as to allow for unobstructed pedestrian passage and safe line-of-sight
viewing for vehicles at intersections.
[7-25-2017 by Ord. No.
2017-21]
Structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be
promptly exterminated by approved processes that will not be injurious
to human health. After pest elimination, proper precautions shall
be taken to eliminate rodent harborage and prevent reinfestation.
[7-25-2017 by Ord. No.
2017-21]
Pipes, ducts, conductors, fans or blowers shall not discharge
gases, steam, vapor, hot air, grease, smoke, odors or other gaseous
or particulate wastes directly upon abutting or adjacent public or
private property or that of another tenant.
[7-25-2017 by Ord. No.
2017-21]
Accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
[7-25-2017 by Ord. No.
2017-21]
a.
Except as provided for in other regulations, no inoperative or unlicensed/unregistered
motor vehicle shall be parked, kept or stored on any premises, and
no vehicle shall at any time be in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled. Painting of vehicles
is prohibited unless conducted inside an approved spray booth.
b.
Exception: A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
[7-25-2017 by Ord. No.
2017-21]
a.
No person shall willfully or wantonly damage, mutilate or deface
any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti.
b.
It shall be the responsibility of the owner to restore said surface
to an approved state of maintenance and repair.
c.
Properties found in violation of 17-14.10a or b shall be issued a
notice of violation by the Department of Code Enforcement. In the
event that the owner or agent having charge of the property in question
has failed or refused to abate or remedy the violation set forth in
the notice of violation, after the fifth day from date of issue, the
Director of Code Enforcement is directed to arrange for abatement
of the condition complained of and shall keep a record of all costs
and expenses incurred in connection with the removal or abatement
and shall certify it to the Mayor and Council, who shall examine the
certificate and, if found correct, cause the cost of removal or abatement
to be charged against the land benefited. The amount charged may be
collected directly from the property owner or, at the direction of
the Mayor and Council, become a lien upon the land benefited and shall
be added to and become a part of the taxes next assessed upon that
land, and shall bear interest to be collected and enforced in the
same manner as taxes. The remedy provided by this subsection shall
be in addition to any penalty which may be imposed for a violation
of this section.
[Added 6-25-2019 by Ord.
No. 2019-30]
[7-25-2017 by Ord. No.
2017-21]
Swimming pools shall be maintained in a clean and sanitary condition
and in good repair.
[7-25-2017 by Ord. No.
2017-21]
a.
Private swimming pools, hot tubs and spas, containing water more
than 24 inches (610 mm) in depth, shall be completely surrounded by
a fence or barrier not less than 48 inches (1,219 mm) in height above
the finished ground level, measured on the side of the barrier away
from the pool. Gates and doors in such barriers shall be self-closing
and self-latching. Where the self-latching device is less than 54
inches (1,372 mm) above the bottom of the gate, the release mechanism
shall be located on the pool side of the gate. Self-closing and self-latching
gates shall be maintained such that the gate will positively close
and latch when released from an open position of six inches (152 mm)
from the gatepost. No existing pool enclosure shall be removed, replaced
or changed in a manner that reduces its effectiveness as a safety
barrier.
[7-25-2017 by Ord. No.
2017-21]
The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the
public health, safety or welfare.
[7-25-2017 by Ord. No.
2017-21]
a.
The following conditions shall be determined as unsafe and shall
be repaired or replaced to comply with the International Building
Code or the International Existing Building Code as required for existing
buildings:
1.
The nominal strength of any structural member is exceeded by nominal
loads, the load effects or the required strength;
2.
The anchorage of the floor or roof to walls or columns, and of walls
and columns to foundations, is not capable of resisting all nominal
loads or load effects;
3.
Structures or components thereof that have reached their limit state;
4.
Siding and masonry joints, including joints between the building
envelope and the perimeter of windows, doors and skylights, are not
maintained, weather-resistant or watertight;
5.
Structural members that have evidence of deterioration or that are
not capable of safely supporting all nominal loads and load effects;
6.
Foundation systems that are not firmly supported by footings, are
not plumb and free from open cracks and breaks, are not properly anchored
or are not capable of supporting all nominal loads and resisting all
load effects;
7.
Exterior walls that are not anchored to supporting and supported
elements or are not plumb and free of holes, cracks or breaks and
loose or rotting materials, are not properly anchored or are not capable
of supporting all nominal loads and resisting all load effects;
8.
Roofing or roofing components that have defects that admit rain,
roof surfaces with inadequate drainage, or any portion of the roof
framing that is not in good repair with signs of deterioration, fatigue
or without proper anchorage and incapable of supporting all nominal
loads and resisting all load effects;
9.
Flooring and flooring components with defects that affect serviceability
or flooring components that show signs of deterioration or fatigue,
are not properly anchored or are incapable of supporting all nominal
loads and resisting all load effects;
10.
Veneer, cornices, belt courses, corbels, trim, wall facings
and similar decorative features not properly anchored or that are
anchored with connections not capable of supporting all nominal loads
and resisting all load effects;
11.
Overhang extensions or projections including, but not limited
to, trash chutes, canopies, marquees, signs, awnings, fire escapes,
standpipes and exhaust ducts not properly anchored or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects;
12.
Exterior stairs, decks, porches, balconies and all similar appurtenances
attached thereto, including guards and handrails, are not structurally
sound, not properly anchored or that are anchored with connections
not capable of supporting all nominal loads and resisting all load
effects; or
13.
Chimneys, cooling towers, smokestacks and similar appurtenances
not structurally sound or not properly anchored, or are anchored with
connections not capable of supporting all nominal loads and resisting
all load effects.
[7-25-2017 by Ord. No.
2017-21]
Exterior surfaces of both primary and accessory structures,
including, but not limited to, doors, door and window frames, cornices,
porches, trim, balconies, decks and fences, shall be maintained in
good condition. 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. Siding and masonry
joints, as well as those between the building envelope and the perimeter
of windows, doors and skylights, shall be maintained weather-resistant
and watertight. Metal surfaces subject to rust or corrosion shall
be coated to inhibit such rust and corrosion, and surfaces with rust
or corrosion shall be stabilized and coated to inhibit future rust
and corrosion. Oxidation stains shall be removed from exterior surfaces.
Surfaces designed for stabilization by oxidation are exempt from this
requirement.
[7-25-2017 by Ord. No.
2017-21]
Buildings shall have approved address numbers placed in a position
to be plainly legible and visible from the street or road fronting
the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers
shall be not less than four inches (102 mm) in height with a minimum
stroke width of 0.5 inch (12.7 mm).
[7-25-2017 by Ord. No.
2017-21]
Structural members shall be maintained free from deterioration
and shall be capable of safely supporting the imposed dead and live
loads.
[7-25-2017 by Ord. No.
2017-21]
Foundation walls shall be maintained plumb and free from open
cracks and breaks and shall be kept in such condition so as to prevent
the entry of rodents and other pests.
[7-25-2017 by Ord. No.
2017-21]
Exterior walls shall be free from holes, breaks, and loose or
rotting materials and maintained weatherproof and properly surface-coated
where required to prevent deterioration.
[7-25-2017 by Ord. No.
2017-21]
The roof and flashing shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure.
Roof drains, gutters and downspouts shall be maintained in good repair
and free from obstructions. Roof water shall not be discharged in
a manner that creates a public nuisance.
[7-25-2017 by Ord. No.
2017-21]
Cornices, belt courses, corbels, terra cotta trim, wall facings
and similar decorative features shall be maintained in good repair
with proper anchorage and in a safe condition.
[7-25-2017 by Ord. No.
2017-21]
Overhang extensions, including, but not limited to, canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust
ducts, shall be maintained in good repair and be properly anchored
so as to be kept in a sound condition. Where required, all exposed
surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
[7-25-2017 by Ord. No.
2017-21]
Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
[7-25-2017 by Ord. No.
2017-21]
Chimneys, cooling towers, smokestacks, and similar appurtenances
shall be maintained structurally safe and sound and in good repair.
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.
[7-25-2017 by Ord. No.
2017-21]
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
[7-25-2017 by Ord. No.
2017-21]
Every window, skylight, door and frame shall be kept in sound
condition, good repair and weathertight.
[7-25-2017 by Ord. No.
2017-21]
Glazing materials shall be maintained free from cracks and holes.
[7-25-2017 by Ord. No.
2017-21]
Every window, other than a fixed window, shall be easily openable
and capable of being held in position by window hardware.
[7-25-2017 by Ord. No.
2017-21]
a.
During the period from March 1 to October 15, every door, window
and other outside opening required for ventilation of habitable rooms,
food preparation areas, food service areas, or any areas where products
to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly
fitted screens of not less than 16 mesh per inch (16 mesh per 25 mm),
and every swinging door shall have a self-closing device in good working
condition.
b.
Exception: Screens shall not be required where other approved means,
such as air curtains or insect-repellent fans, are employed.
[7-25-2017 by Ord. No.
2017-21]
Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means-of-egress doors shall be in accordance with Section 17-22.4.
[7-25-2017 by Ord. No.
2017-21]
Every basement hatchway shall be maintained to prevent the entrance
of rodents, rain and surface drainage water.
[7-25-2017 by Ord. No.
2017-21]
Every basement window that is openable shall be supplied with
rodent shields, storm windows or other approved protection against
the entry of rodents.
[7-25-2017 by Ord. No.
2017-21]
Doors, windows or hatchways for dwelling units, room units or
housekeeping units shall be provided with devices designed to provide
security for the occupants and property within.
[7-25-2017 by Ord. No.
2017-21]
Doors providing access to a dwelling unit, rooming unit or housekeeping
unit that is rented, leased or let shall be equipped with a deadbolt
lock designed to be readily openable from the side from which egress
is to be made without the need for keys, special knowledge or effort
and shall have a minimum lock throw of one inch (25 mm). Such deadbolt
locks shall be installed according to the manufacturer's specifications
and maintained in good working order. For the purpose of this section,
a sliding bolt shall not be considered an acceptable deadbolt lock.
[7-25-2017 by Ord. No.
2017-21]
Operable windows located in whole or in part within six feet
(1,828 mm) above ground level or a walking surface below that provides
access to a dwelling unit, rooming unit or housekeeping unit that
is rented, leased or let shall be equipped with a window sash locking
device.
[7-25-2017 by Ord. No.
2017-21]
Basement hatchways that provide access to a dwelling unit, rooming
unit or housekeeping unit that is rented, leased or let shall be equipped
with devices that secure the units from unauthorized entry.
[7-25-2017 by Ord. No.
2017-21]
Exterior gates, gate assemblies, operator systems if provided,
and hardware shall be maintained in good condition. Latches at all
entrances shall tightly secure the gates.
[7-25-2017 by Ord. No.
2017-21]
The owner or other person having control of any premises abutting upon any public sidewalk in the Borough shall remove all snow and ice from the portion of the sidewalk abutting his/her premises. Violators of this Subsection 17-16.25 shall be issued a summons by the Bound Brook Police Department or the Director of Code Enforcement, with a mandatory court appearance.
[7-25-2017 by Ord. No.
2017-21]
No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice upon the street. Violators of this Subsection 17-16.26 shall be issued a summons by the Bound Brook Police Department or the Director of Code Enforcement, with a mandatory court appearance.
[7-25-2017 by Ord. No.
2017-21]
In the event that snow or ice is not removed as required by Subsection 17-16.25, or is cast, deposited or placed upon sidewalks or streets in violation of Subsection 17-16.25, the snow or ice may be removed by the appropriate department of the Borough, and the cost of removal shall be certified to the Mayor and Council. The remedy provided by this Subsection 17-16.27 shall be in addition to any penalty imposed for a violation of Subsection 17-16.25 or Subsection 17-16.26.
[7-25-2017 by Ord. No.
2017-21]
The interior of a structure and equipment therein shall be maintained
in good repair, structurally sound and in a sanitary condition. Occupants
shall keep that part of the structure that they occupy or control
in a clean and sanitary condition. Every owner of a structure containing
a rooming house, housekeeping units, a hotel, a dormitory, two or
more dwelling units, or two or more nonresidential occupancies shall
maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
[7-25-2017 by Ord. No.
2017-21]
a.
The following conditions shall be determined as unsafe and shall
be repaired or replaced to comply with the International Building
Code or the International Existing Building Code as required for existing
buildings:
1.
The nominal strength of any structural member is exceeded by nominal
loads, the load effects or the required strength;
2.
The anchorage of the floor or roof to walls or columns, and of walls
and columns to foundations, is not capable of resisting all nominal
loads or load effects;
3.
Structures or components thereof that have reached their limit state;
4.
Structural members are incapable of supporting nominal loads and
load effects;
5.
Stairs, landings, balconies and all similar walking surfaces, including
guards and handrails, are not structurally sound, not properly anchored
or are anchored with connections not capable of supporting all nominal
loads and resisting all load effects;
6.
Foundation systems that are not firmly supported by footings are
not plumb and free from open cracks and breaks, are not properly anchored
or are not capable of supporting all nominal loads and resisting all
load effects.
[7-25-2017 by Ord. No.
2017-21]
Structural members shall be maintained structurally sound and
be capable of supporting the imposed loads.
[7-25-2017 by Ord. No.
2017-21]
Interior surfaces, including windows and doors, shall be maintained
in good, clean and sanitary condition. Peeling, chipping, flaking
or abraded paint shall be repaired, removed or covered. Cracked or
loose plaster, decayed wood and other defective surface conditions
shall be corrected.
[7-25-2017 by Ord. No.
2017-21]
Every stair, ramp, landing, balcony, porch, deck or other walking
surface shall be maintained in sound condition and good repair.
[7-25-2017 by Ord. No.
2017-21]
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
[7-25-2017 by Ord. No.
2017-21]
Every interior door shall fit reasonably well within its frame
and shall be capable of being opened and closed by being properly
and securely attached to jambs, headers or tracks as intended by the
manufacturer of the attachment hardware.
[7-25-2017 by Ord. No.
2017-21]
The components of a structure and equipment therein shall be
maintained in good repair, structurally sound and in a sanitary condition.
[7-25-2017 by Ord. No.
2017-21]
a.
Where any of the following conditions cause the component or system
to be beyond its limit state, the component or system shall be determined
as unsafe and shall be repaired or replaced to comply with the International
Building Code or the International Existing Building Code as required
for existing buildings:
1.
Soils that have been subjected to any of the following conditions:
(a)
Collapse of footing or foundation system;
(b)
Damage to footing, foundation, concrete or other structural
element due to soil expansion;
(c)
Adverse effects to the design strength of footing, foundation,
concrete or other structural element due to a chemical reaction from
the soil;
(d)
Inadequate soil as determined by a geotechnical investigation;
(e)
Where the allowable bearing capacity of the soil is in doubt;
or
(f)
Adverse effects to the footing, foundation, concrete or other
structural element due to the groundwater table.
6.
Wood that has been subjected to any of the following conditions:
(a)
Ultimate deformation;
(b)
Deterioration;
(c)
Damage from insects, rodents and other vermin;
(d)
Fire damage beyond charring;
(e)
Significant splits and checks;
(f)
Horizontal shear cracks;
(g)
Vertical shear cracks;
(h)
Inadequate support;
(i)
Detached, dislodged or failing connections; or
(j)
Excessive cutting and notching.
[7-25-2017 by Ord. No.
2017-21]
a.
Every exterior and interior flight of stairs having more than four
risers shall have a handrail on one side of the stair, and every open
portion of a stair, landing, balcony, porch, deck, ramp or other walking
surface that is more than 30 inches (762 mm) above the floor or grade
below shall have guards. Handrails shall be not less than 30 inches
(762 mm) in height nor more than 42 inches (1,067 mm) in height measured
vertically above the nosing of the tread or above the finished floor
of the landing or walking surfaces. Guards shall be not less than
30 inches (762 mm) in height above the floor of the landing, balcony,
porch, deck, or ramp or other walking surface.
b.
Exception: Guards shall not be required where exempted by the adopted
building code.
[7-25-2017 by Ord. No.
2017-21]
Exterior property and premises, and the interior of every structure,
shall be free from any accumulation of rubbish, garbage, trash and
debris.
[7-25-2017 by Ord. No.
2017-21]
Every occupant of a structure shall dispose of all rubbish in
a clean and sanitary manner by placing such rubbish in approved containers.
[7-25-2017 by Ord. No.
2017-21]
The owner of every occupied premises shall supply approved covered
containers for rubbish, and the owner of the premises shall be responsible
for the removal of rubbish. Such containers must be stored in a neat
manner on the side near the rear of the structure or in the rear of
the property. No containers may be stored on the front side of the
property.
[7-25-2017 by Ord. No.
2017-21]
Appliances, furniture and other discarded items may not be stored
outside or at the curb. Any appliance, furniture, mattress, or any
discarded item can be placed at the curb for pickup with the appropriate
approved trash stickers affixed no earlier than 5:00 p.m. the evening
before scheduled pickup.
[7-25-2017 by Ord. No.
2017-21; amended 12-27-2017 by Ord. No. 2017-37; 7-11-2023 by Ord. No. 2023-033; 8-22-2023 by Ord. No. 2023-037]
a.
Every occupant of a structure shall dispose of garbage in a clean
and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers. Approved garbage
containers may be placed at the curb for pickup no earlier than 5:00
p.m. the evening before scheduled pickup. Garbage containers must
be removed from the curb/front of property no later than 8:00 p.m.
the evening of trash pickup.
b.
Exceptions.
1.
Curbside garbage placement and pickup is prohibited between the hours
of 5:00 p.m. on Fridays and 8:00 p.m. on Sundays on East Main Street.
Borough of Bound Brook authorized pickup is exempt.
2.
Residential apartment buildings located on East Main Street, West
Main Street, Talmage Avenue, Hamilton Street, East Street, Drake Street,
Van Keuren Avenue, Vosseller Avenue, and East Second Street are restricted
to garbage pickup times between 6:30 a.m. and 10:30 a.m. Monday through
Friday.
3.
Residential apartment buildings located on East Main Street, West
Main Street, Talmage Avenue, Hamilton Street, East Street, Drake Street,
Van Keuren Avenue and East Second Street with sidewalk dumpster pickup
must have an attendant wheel the dumpster out only when the garbage
truck is present for pickup and the dumpster must be wheeled back
into the building immediately after picking up. Dumpsters may not
be left unattended in the public right-of-way.
4.
Any refuse spilled (solid or liquid) by dumpsters in the public right-of-way
must be cleaned immediately.
[7-25-2017 by Ord. No.
2017-21]
The owner of every dwelling shall supply the following: an approved
mechanical food waste grinder in each dwelling unit; and an approved
leakproof, covered, outside garbage container.
[7-25-2017 by Ord. No.
2017-21]
The operator of every establishment that produces garbage shall
provide, and at all times cause to be utilized, approved leakproof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement may file a summons and/or complaint
in the municipal court or cause the issuance of the same, whether
or not a notice of violation or order shall have been served.
[7-25-2017 by Ord. No.
2017-21; amended 5-28-2019 by Ord. No. 2019-24]
Upon failure of the owner or agent having charge of a property to comply with Section 17-20 after five days of the issuance of a summons, the Borough will have the right to remove rubbish, garbage, trash and debris from property as detailed in the following procedure:
a.
In the event that the owner or agent having charge of the property
in question has failed or refused to abate or remedy the violation
set forth in the summons after the fifth day from date of issue, the
Director of Code Enforcement is directed to arrange for abatement
of the condition complained of and shall keep a record of all costs
and expenses incurred in connection with the removal or abatement
and shall certify it to the Mayor and Council, who shall examine the
certificate and, if found correct, cause the cost of removal or abatement
to be charged against the land benefited. The amount charged shall
become a lien upon the land benefited and shall be added to and become
a part of the taxes next assessed upon that land, and shall bear interest
to be collected and enforced in the same manner as taxes. The remedy
provided by this subsection shall be in addition to any penalty which
may be imposed for a violation of this section.
[7-25-2017 by Ord. No.
2017-21]
The owner of any structure shall be responsible for pest elimination.
Structures and common areas shall be kept free from insect and rodent
infestation. Structures in which insects or rodents are found shall
be promptly exterminated by approved processes that will not be injurious
to human health. After pest elimination, proper precautions shall
be taken to prevent reinfestation.
[7-25-2017 by Ord. No.
2017-21]
The owner of any structure/property where infestation has been
reported must have the property inspected by a state-certified pest
control company. The inspection report along with the treatment plan
and a final inspection report must be submitted to the Director of
Code Enforcement and the Borough Health Officer within 14 days of
the report of infestation.
The provisions of this Section 17-22 shall govern the minimum conditions and standards for firesafety relating to structures and exterior premises, including firesafety facilities and equipment to be provided.
[7-25-2017 by Ord. No.
2017-21]
The owner of the premises shall provide and maintain such firesafety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this Section 17-22.
[7-25-2017 by Ord. No.
2017-21]
A safe, continuous and unobstructed path of travel shall be
provided from any point in a building or structure to the public way.
Means of egress shall comply with the International Fire Code.
[7-25-2017 by Ord. No.
2017-21]
The required width of aisles in accordance with the International
Fire Code shall be unobstructed.
[7-25-2017 by Ord. No.
2017-21]
Means-of-egress doors shall be readily openable from the side
from which egress is to be made without the need for keys, special
knowledge or effort, except where the door hardware conforms to that
permitted by the International Building Code.
[7-25-2017 by Ord. No.
2017-21]
Required emergency escape openings shall be maintained in accordance
with the code in effect at the time of construction and the following.
Required emergency escape and rescue openings shall be operational
from the inside of the room without the use of keys or tools. Bars,
grilles, grates or similar devices are permitted to be placed over
emergency escape and rescue openings, provided the minimum net clear
opening size complies with the code that was in effect at the time
of construction and such devices shall be releasable or removable
from the inside without the use of a key, tool or force greater than
that which is required for normal operation of the escape and rescue
opening.
[7-25-2017 by Ord. No.
2017-21]
The use of key-lock bedroom doors is not permitted.
[7-25-2017 by Ord. No.
2017-21]
The required fire-resistance rating of fire-resistance-rated
walls, fire stops, shaft enclosures, partitions and floors shall be
maintained.
[7-25-2017 by Ord. No.
2017-21]
Required opening protectives shall be maintained in an operative
condition. Fire and smokestop doors shall be maintained in operable
condition. Fire doors and smoke barrier doors shall not be blocked
or obstructed or otherwise made inoperable.
[7-25-2017 by Ord. No.
2017-21]
Systems, devices and equipment to detect a fire, actuate an
alarm, or suppress or control a fire, or any combination thereof,
shall be maintained in an operable condition at all times in accordance
with the International Fire Code.
[7-25-2017 by Ord. No.
2017-21]
Inspection, testing and maintenance of automatic sprinkler systems
shall be in accordance with NFPA 25.
[7-25-2017 by Ord. No.
2017-21]
Where the Fire Department connection is not visible to approaching
fire apparatus, the Fire Department connection shall be indicated
by an approved sign mounted on the street front or on the side of
the building. Such sign shall have the letters "FDC" not less than
six inches (152 mm) high and words in letters not less than two inches
(51 mm) high or an arrow to indicate the location. Such signs shall
be subject to the approval of the Fire Code Official.
[7-25-2017 by Ord. No.
2017-21]
[7-25-2017 by Ord. No.
2017-21]
b.
Exceptions:
1.
Where the code that was in effect at the time of construction required
smoke alarms and smoke alarms complying with those requirements are
already provided.
2.
Where smoke alarms have been installed in occupancies and dwellings
that were not required to have them at the time of construction, additional
smoke alarms shall not be required, provided that the existing smoke
alarms comply with requirements that were in effect at the time of
installation.
3.
Where smoke detectors connected to a fire alarm system have been
installed as a substitute for smoke alarms.
[7-25-2017 by Ord. No.
2017-21]
Single- or multiple-station smoke alarms shall be installed
in all of the following locations in Group R-1:
a.
In sleeping areas.
b.
In every room in the path of the means of egress from the sleeping
area to the door leading from the sleeping unit.
c.
In each story within the sleeping unit, including basements. For
sleeping units with split levels and without an intervening door between
the adjacent levels, a smoke alarm installed on the upper level shall
suffice for the adjacent lower level, provided that the lower level
is less than one full story below the upper level.
[7-25-2017 by Ord. No.
2017-21]
Single- or multiple-station smoke alarms shall be installed
and maintained in Groups R-2, R-3, R-4 and I-1, regardless of occupant
load, at all of the following locations:
a.
On the ceiling or wall outside of each separate sleeping area in
the immediate vicinity of bedrooms.
b.
In each room used for sleeping purposes.
c.
In each story within a dwelling unit, including basements, but not
including crawl spaces and uninhabitable attics. In dwellings or dwelling
units with split levels and without an intervening door between the
adjacent levels, a smoke alarm installed on the upper level shall
suffice for the adjacent lower level, provided that the lower level
is less than one full story below the upper level.
[7-25-2017 by Ord. No.
2017-21]
Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 17-22.14 or 17-22.15.
a.
Ionization smoke alarms shall not be installed less than 20 feet
(6,096 mm) horizontally from a permanently installed cooking appliance.
b.
Ionization smoke alarms with an alarm-silencing switch shall not
be installed less than 10 feet (3,048 mm) horizontally from a permanently
installed cooking appliance.
c.
Photoelectric smoke alarms shall not be installed less than six feet
(1,829 mm) horizontally from a permanently installed cooking appliance.
[7-25-2017 by Ord. No.
2017-21]
[7-25-2017 by Ord. No.
2017-21]
a.
Where more than one smoke alarm is required to be installed within
an individual dwelling or sleeping unit, the smoke alarms shall be
interconnected in such a manner that the activation of one alarm will
activate all of the alarms in the individual unit. Physical interconnection
of smoke alarms shall not be required where listed wireless alarms
are installed and all alarms sound upon activation of one alarm. The
alarm shall be clearly audible in all bedrooms over background noise
levels with all intervening doors closed.
b.
Exceptions:
1.
Interconnection is not required in buildings that are not undergoing
alterations, repairs or construction of any kind.
2.
Smoke alarms in existing areas are not required to be interconnected
where alterations or repairs do not result in the removal of interior
wall or ceiling finishes exposing the structure, unless there is an
attic, crawl space or basement available that could provide access
for interconnection without the removal of interior finishes.
[7-25-2017 by Ord. No.
2017-21]
a.
Single-station smoke alarms shall receive their primary power from
the building wiring, provided that such wiring is served from a commercial
source and shall be equipped with a battery backup. Smoke alarms with
integral strobes that are not equipped with battery backup shall be
connected to an emergency electrical system. Smoke alarms shall emit
a signal when the batteries are low. Wiring shall be permanent and
without a disconnecting switch other than as required for overcurrent
protection.
b.
Exceptions:
1.
Smoke alarms are permitted to be solely battery-operated in existing
buildings where no construction is taking place.
2.
Smoke alarms are permitted to be solely battery-operated in buildings
that are not served from a commercial power source.
3.
Smoke alarms are permitted to be solely battery-operated in existing
areas of buildings undergoing alterations or repairs that do not result
in the removal of interior walls or ceiling finishes exposing the
structure, unless there is an attic, crawl space or basement available
that could provide access for building wiring without the removal
of interior finishes.
[7-25-2017 by Ord. No.
2017-21]
Smoke detectors listed in accordance with UL 268 and provided
as part of the building's fire alarm system shall be an acceptable
alternative to single- and multiple-station smoke alarms and shall
comply with the following:
a.
The fire alarm system shall comply with all applicable requirements
in Section 907 of the International Fire Code.
b.
Activation of a smoke detector in a dwelling or sleeping unit shall
initiate alarm notification in the dwelling or sleeping unit in accordance
with Section 907.5.2 of the International Fire Code.
c.
Activation of a smoke detector in a dwelling or sleeping unit shall
not activate alarm notification appliances outside of the dwelling
or sleeping unit, provided that a supervisory signal is generated
and monitored in accordance with Section 907.6.5 of the International
Fire Code.
[7-25-2017 by Ord. No.
2017-21]
For the purposes of determining occupancy, up to three infants
under the age of two years shall not be included in calculations of
minimum space requirements and other occupancy limitations.
[7-25-2017 by Ord. No.
2017-21]
Dwelling units shall not be occupied by more occupants than
permitted by the minimum area requirements of Table 404.5.
|
Table 404.5
| |||
|---|---|---|---|
|
Minimum Area Requirements
| |||
|
Minimum Area in Square feet
| |||
|
Space
|
1-2 Occupants
|
3-5 Occupants
|
6 or More Occupants
|
|
Living rooma, b
|
120
|
120
|
150
|
|
Dining rooma, b
|
No requirement
|
80
|
100
|
|
Bedrooms
|
Shall comply with Section 404.4.1 of the International Property
Maintenance Code 2015 (IPMC 2015)
| ||
|
NOTES:
| |
|
For SI: 1 square foot = 0.0929 m2.
| |
|
a
|
See Section 404.5.2 of the IPMC (2015) for combined living room/dining
room spaces.
|
|
b
|
See Section 404.5.1 of the IPMC (2015) for limitations on determining
the minimum occupancy area for sleeping purposes.
|
[7-25-2017 by Ord. No.
2017-21]
The minimum occupancy area required by Table 404.5 shall not
be included as a sleeping area in determining the minimum occupancy
area for sleeping purposes. Sleeping areas shall comply with Section
404.4 of the IPMC (2015).
[7-25-2017 by Ord. No.
2017-21]
Combined living room and dining room spaces shall comply with
the requirements of Table 404.5 if the total area is equal to that
required for separate rooms and if the space is located so as to function
as a combination living room/dining room.
[7-25-2017 by Ord. No.
2017-21]
Nothing in this section shall prohibit an efficiency living
unit from meeting the following requirements:
a.
A unit occupied by not more than one occupant shall have a minimum
clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum
clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear
floor area of 320 square feet (29.7 m2).
These required areas shall be exclusive of the areas required by Subsections
b and c.
b.
The unit shall be provided with a kitchen sink, cooking appliance
and refrigeration facilities, each having a minimum clear working
space of 30 inches (762 mm) in front. Light and ventilation conforming
to this code shall be provided.
c.
The unit shall be provided with a separate bathroom containing a
water closet, lavatory and bathtub or shower.
d.
The maximum number of occupants shall be three.
[7-25-2017 by Ord. No.
2017-21]
All spaces to be occupied for food preparation purposes shall
contain suitable space and equipment to store, prepare and serve foods
in a sanitary manner. There shall be adequate facilities and services
for the sanitary disposal of food wastes and refuse, including facilities
for temporary storage.
[7-25-2017 by Ord. No.
2017-21]
Every bedroom shall have unencumbered access to at least one
water closet and one lavatory. Every bedroom in a dwelling unit shall
have access to at least one water closet and lavatory located in the
same story as the bedroom or an adjacent story.
[7-25-2017 by Ord. No.
2017-21]
Every owner and operator of any building who rents, leases,
or lets one or more dwelling units, rooming units, dormitory or guestrooms
on terms, either expressed or implied, to furnish heat to the occupants
thereof shall supply heat during the period from October 15 to May
1 to maintain a temperature of not less than 68° F. (20° C.)
during the hours of 6:00 a.m. to 11:00 p.m. and 65° F. (18°
C.) during the hours of 11:00 p.m. to 6:00 a.m. in all habitable rooms,
bathrooms, and toilet rooms.
a.
Exception: When the outdoor temperature is below the winter outdoor
design temperature for the locality, maintenance of the minimum room
temperature shall not be required, provided that the heating system
is operating at its full design capacity. The winter outdoor design
temperature for the locality shall be as indicated in Appendix D of
the International Plumbing Code.
[7-25-2017 by Ord. No.
2017-21]
a.
Indoor occupiable work spaces shall be supplied with heat during
the period from October 15 to May 1 to maintain a temperature of not
less than 65° F. (18° C.) during the period the spaces are
occupied.
[7-25-2017 by Ord. No.
2017-21]
It shall be the duty of any owner or other person in possession
of or responsible for the maintenance of any land in the Borough to
keep his/her/its land free of brush, weeds, dead and dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash and other
debris which may constitute a fire hazard or which is otherwise detrimental
to the public health or safety.
[7-25-2017 by Ord. No.
2017-21]
It shall be the duty of any owner or other person in possession
of or responsible for the maintenance of any land in the Borough bordering
upon any public street to remove all grass, weeds, brush and other
debris from that part of the street bordering upon his/her/its property.
Trees, shrubs and bushes shall be kept neat and trim so as to allow
for unobstructed pedestrian passage and safe line-of-sight viewing
for vehicles at intersections.
[7-25-2017 by Ord. No.
2017-21]
The Director of Code Enforcement may issue a notice to the owner, tenant or person in possession of the land in question, in accordance with Section 17-7 of the code, to remove the brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or other debris.
[7-25-2017 by Ord. No.
2017-21]
In the event that the owner, tenant or person in possession
of the land in question has refused to abate or remedy the condition
complained of within the time frame set forth in the notice, the Mayor
and Council may order the condition complained of to be abated or
removed by an appropriate municipal official or department. The official
or department directed to remove or abate the condition complained
of shall keep a record of all costs and expenses incurred in connection
with the removal or abatement and shall certify it to the Mayor and
Council, who shall examine the certificate and, if found correct,
cause the cost of removal or abatement to be charged against the land
benefited. The amount charged shall become a lien upon the land benefited
and shall be added to and become a part of the taxes next assessed
upon that land, and shall bear interest to be collected and enforced
in the same manner as taxes. The remedy provided by this subsection
shall be in addition to any penalty which may be imposed for a violation
of this section.
[7-25-2017 by Ord. No.
2017-21]
a.
No person shall erect or maintain any fence or hedge in the Borough
of Bound Brook which is within seven feet of the established curbline
of a public street.
b.
No person shall erect or maintain any fence or hedge within the Borough
of Bound Brook which is located within 50 feet of the intersection
of the near side lines of any public street and which is of a height
greater than three feet six inches from the curb grade or the center
of the roadway, whichever is lower.
[7-25-2017 by Ord. No.
2017-21]
Any person erecting or maintaining a fence or hedge which is in violation of this Section 17-25 shall remove it within 10 days after receiving notice to do so from the Director of Code Enforcement or his/her designee. Notice may be served either personally or by sending a copy by registered mail, return receipt requested, and regular mail, to the owner of the property upon which the fence or hedge is erected or maintained at his/her last-known address.
[7-25-2017 by Ord. No.
2017-21]
In the event that the owner of the property upon which the fence or hedge is erected or maintained fails to remove it, relocate it or reduce it in height within 10 days after being served with notice to do so, the Director of Code Enforcement may cause the fence or hedge to be removed, relocated or reduced in height so that it complies with the provisions of this Section 17-25. In the event of such action by the Director of Code Enforcement, the cost of doing the work shall be certified to the Mayor and Council, who shall examine the same and, if found correct, shall cause the cost of doing the work to be charged against the lands upon which the work was performed. The amount charged shall become a lien upon the land and shall be added to and become a part of the taxes next assessed upon the land upon which the work was performed, and shall bear interest to be collected and enforced in the same manner as taxes. The cost of removal, relocation or reduction in height by the Director of Code Enforcement of any fence or hedge shall be in addition to any penalty imposed for the violation of this Section 17.25.
[7-25-2017 by Ord. No.
2017-21]
It is the intent of this section to protect and preserve the
public health, safety and welfare and security and quiet enjoyment
of residents and neighborhoods by:
[7-25-2017 by Ord. No.
2017-21]
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When consistent with the context, words used in the present tense
include the future, words in the plural include the singular, and
words in the singular include the plural. The word "shall" is always
mandatory and not merely directory.
The Borough of Bound Brook.
The creditor having a right of foreclosure, including, but
not limited to, the holder of a mortgage on a property, and any agent,
servant or employee of the creditor, a loan servicing company, or
any successor in interest and/or assignee of the creditor's rights,
interests or obligations under the document granting foreclosure rights.
Consecutive calendar days.
The process by which property, placed as security for a real
estate loan, is prepared for sale to satisfy the debt if the borrower
defaults.
Any real estate, or portion thereof, located in the Borough
of Bound Brook, including any improvements thereon.
Any property that contains one or more dwelling units used,
intended or designed to be occupied for living purposes.
Measures taken to ensure that the property is inaccessible
to unauthorized persons.
With regard to any property, that no portion of the property
is legally occupied. A property shall not be deemed "vacant" for purposes
of this section:
Where there is a building on the property containing multiple
units, if any of the units are legally occupied;
Where the legal occupant has temporarily left the property for
vacation or other purposes for a period not exceeding 180 days, possessing
both the intent to return and the legal right to return, such as a
residential property owner or tenant who resides in another municipality
or state for a portion of the year; or
Where the building is under construction with current, valid
construction permits and work is being performed on the property on
a regular basis.
[7-25-2017 by Ord. No.
2017-21]
a.
All owners of vacant property must register such vacant property
with the Bound Brook Borough Clerk within 14 days of such property
becoming vacant. The registration must be renewed every six months
as set forth below for as long as the property remains vacant. Vacant
property registration and fee progression schedule runs continuously
from when the property is vacant through occupancy of said property.
[Amended 2-26-2019 by Ord. No. 2019-09]
b.
Owners of vacant properties shall designate an individual or property
management company responsible for the security and maintenance of
the property. The individual or property management company responsible
for the security and maintenance of the property shall have an office
located within 25 miles of the property.
c.
The registration required by this section must contain the following
information:
1.
The owner's name, telephone number, and mailing address. The mailing
address may not be a P.O. box.
2.
The street address and Tax Map designation (lot and block) of the
property.
3.
Whether the property is residential, nonresidential, or mixed use.
4.
The name, telephone number, and mailing address of an individual
or property management company responsible for the security and maintenance
of the property. The mailing address may not be a P.O. box.
5.
Certification that the property was inspected as required by this
section.
6.
Proof of utility (gas, electric, water) connections or disconnections.
d.
The owner shall have a continuing duty to notify the Borough of any
changes to the information contained in the registration.
e.
The Bound Brook Borough Clerk may promulgate forms on which the information
in the registration must be provided.
f.
The owner must notify the Bound Brook Borough Clerk if, at any time
subsequent to registration as a vacant property, the property is no
longer vacant and provide proof that the property is no longer vacant.
[7-25-2017 by Ord. No.
2017-21]
a.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on property in this Borough, including, but not limited
to, residential property, shall, within 10 days of serving the summons
and complaint, file a registration with the Bound Brook Borough Clerk.
The registration must be renewed as set forth below until title to
the property has been transferred to a new owner or the foreclosure
action is dismissed. A creditor who takes title to a vacant property
shall then be required to register as an owner of such vacant property
and to renew such registration for as long as the property remains
vacant.
b.
If the property is vacant, the creditor must designate an individual
or property management company responsible for the security and maintenance
of the property. The individual or property management company responsible
for the security and maintenance of the property shall have an office
located within 25 miles of the property.
c.
The registration shall contain the following information:
1.
The creditor's name, telephone number, and mailing address. The mailing
address may not be a P.O. Box.
2.
The street address and Tax Map designation (lot and block) of the
property for which foreclosure has been sought.
3.
Whether the property is residential, nonresidential, or mixed use.
4.
The name, telephone number, and mailing address of a designated representative
of the creditor who is responsible for receiving complaints of property
maintenance and code violations for that property. The mailing address
may not be a P.O. box.
5.
If the property is vacant, the name, telephone number, and mailing
address of an individual or property management company responsible
for the security and maintenance of the property. The mailing address
may not be a P.O. box.
6.
If the property is vacant, certification that the property was inspected
as required by this section.
7.
If the property is vacant, proof of utility (gas, electric, water)
connections or disconnections.
d.
The creditor shall have a continuing duty to notify the Borough of
any changes to the information contained in the registration.
e.
The Bound Brook Borough Clerk may promulgate forms on which the information
in the registration must be provided.
f.
Once the foreclosure action has terminated, either through dismissal
or transfer of title, the creditor must provide proof of such termination,
sale, transfer or occupancy to the enforcement authority within 30
days of sale, transfer or occupancy.
[7-25-2017 by Ord. No.
2017-21; amended 2-26-2019 by Ord. No. 2019-09; 11-9-2021 by Ord. No. 2021-027]
[7-25-2017 by Ord. No.
2017-21]
a.
Properties subject to the requirements of this section must be maintained
in accordance with all applicable federal, state and local laws, rules
and regulations. The owner, creditor, local individual or local property
management company, as appropriate, must inspect the property twice
a month for the duration of the vacancy or foreclosure, as appropriate.
b.
In addition to, and not in lieu of, meeting all other applicable
federal, state, and local laws, rules, and regulations:
1.
Properties subject to the requirements of this section shall be kept
free of accumulated snow and ice, weeds, dry brush, dead vegetation,
trash, junk, debris, building materials, unregistered vehicles, any
accumulation of newspapers, circulars, flyers, notices (except those
required by law), and discarded personal items, including, but not
limited to, furniture, clothing, large and small appliances, printed
material or any other items giving the appearance that the property
is vacant.
2.
Properties subject to the requirements of this section shall be maintained
free of graffiti, tagging, or similar markings. In the event that
any graffiti, tagging, or similar markings are placed on the property,
it/they shall either be removed or painted over with an exterior-grade
paint matching the color of the portion of the structure where the
graffiti, tagging, or similar marking was placed.
3.
Front yards, rear yards, and side yards of properties subject to
the requirements of this section shall be landscaped and maintained
to neighborhood standards. Landscaping and maintenance shall include,
but is not limited to, care of grass, mulch, decorative rock, artificial
turf/sod specifically designed for residential or commercial installation,
or other ground cover, bushes, shrubs, hedges, trees, or similar plantings,
removal or repair of gravel, broken concrete, asphalt, decomposed
granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar
material, in addition to regular watering, irrigation, cutting, pruning
and mowing of required vegetation and removal of all trimmings.
4.
Any pool, spa, or other standing body of water shall either be kept
in working order so the water remains clear and free of growth, pollutants,
and debris, and does not become a harborage for vermin or insects,
or drained and kept dry. In either case, properties with pools or
spas must comply with the security fencing requirements of the Borough.
c.
The owner of any vacant property shall acquire and maintain liability
insurance covering injury or damage to any person or any property
in not less than $300,000 for residential buildings and $1,000,000
for nonresidential buildings or property.
d.
The property owner shall be responsible for property maintenance.
However, if the owner of a property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a property
is or becomes vacant at the time of or 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 property is
found to be a nuisance or in violation of any applicable state or
local code, the enforcement authority shall notify the creditor, which
shall have the responsibility to abate the nuisance or correct the
violation in the same manner and to the same extent as the title owner
of the property, to such standard or specification as may be required
by state law or Borough ordinance. The enforcement authority 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. If the creditor fails to remedy the violation
within that time period, the Borough may impose the penalties allowed
for the violation of municipal ordinances pursuant to N.J.S.A. 40:49-5
against the creditor to the same extent as they could be imposed against
the owner of the property.
e.
Adherence to this section does not relieve the owner or creditor
of obligations set forth in any other statute, regulation, ordinance,
or other source of authority or obligation.
[7-25-2017 by Ord. No.
2017-21]
The enforcement authority shall have the authority to inspect
properties subject to this section for compliance and to issue summonses
for any violations.
[7-25-2017 by Ord. No.
2017-21]
Enforcement authority shall be vested in the Bound Brook Code
Enforcement Department and its officials and inspectors.
[7-25-2017 by Ord. No.
2017-21]
a.
Violation of any of the terms of this section shall be punishable
by a fine of not less than $100 nor greater than $2,000 per occurrence
in addition to any registration fee or renewal fee that may be due
and owing. Each subsequent occurrence shall result in an increased
penalty.
b.
Failure to abate a nuisance or correct a violation of any statute,
regulation, or ordinance regulating the construction, maintenance,
health, or security of a property shall be subject to the penalties
set forth in the applicable statute, regulation, or ordinance for
the specific violation.
[7-25-2017 by Ord. No.
2017-21; amended 7-26-2022 by Ord. No. 2022-23]
Nothing contained in this Section 17-26 shall prevent the Borough from taking action to abate a nuisance or correct a violation where the owner or creditor, as applicable, has failed to abate the nuisance or correct the violation on a vacant property or a property in foreclosure after notice and the opportunity to abate or correct. In such situations, the Borough may impose a lien against the property for costs to correct the violation or abate the nuisance. Property registration fees imposed pursuant to Subsection 17-26.5 hereof shall be considered a municipal charge pursuant to the Tax Sale Law, N.J.S.A. 54:5-1 et seq. Such lien shall hereafter form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as such taxes, to be collected and enforced by the same officers and in the same manner as such taxes.
[7-25-2017 by Ord. No.
2017-21]
No governmental entity shall be required to register under this section. However, nothing contained in this Section 17-26 shall be construed as granting exemption from property maintenance or other obligations imposed by any other statute, regulation, or ordinance.
[7-25-2017 by Ord. No.
2017-21]
a.
The boarding of doors and windows is not permitted unless directed
by written permission of the Director of Code Enforcement.
b.
Permission will only be granted in cases where windows and/or doors
have been broken and need to be immediately secured. Boarding will
be used as a temporary fix, and repairs must be made and boarding
removed within 90 days of permission being granted.
c.
Windows and doors shall be boarded in an approved manner to prevent
entry by unauthorized persons and shall be painted to correspond to
the color of the existing structure. Permitted boarding must follow
the following specifications.
[7-25-2017 by Ord. No.
2017-21]
Boarding sheet material shall be minimum one-half-inch-thick
(12.7 mm) wood structural panels complying with the International
Building Code.
[7-25-2017 by Ord. No.
2017-21]
Boarding framing material shall be minimum nominal two-inch
by four-inch (51 mm by 102 mm) solid sawn lumber complying with the
International Building Code.
[7-25-2017 by Ord. No.
2017-21]
Boarding fasteners shall be minimum three-eights-inch-diameter
(9.5 mm) carriage bolts of such a length as required to penetrate
the assembly and as required to adequately attach the washers and
nuts. Washers and nuts shall comply with the International Building
Code.
[7-25-2017 by Ord. No.
2017-21]
The boarding installation shall be in accordance with Figures
A103.1(1) and A103.1(2).
|
FIGURE A103.1(1) BOARDING OF DOOR OR WINDOW
 |
|
FIGURE A103.1(2) BOARDING OF DOOR WALL
 |
[7-25-2017 by Ord. No.
2017-21]
The boarding sheet material shall be cut to fit the door or
window opening neatly or shall be cut to provide an equal overlap
at the perimeter of the door or window.
[7-25-2017 by Ord. No.
2017-21]
The window shall be opened to allow the carriage bolt to pass
through, or the window sash shall be removed and stored. The two-inch
by four-inch (51 mm by 102 mm) strong back framing material shall
be cut a minimum of two inches (51 mm) wider than the window opening
and shall be placed on the inside of the window opening six inches
(152 mm) minimum above the bottom and below the top of the window
opening. The framing and boarding shall be predrilled. The assembly
shall be aligned, and the bolts, washers and nuts shall be installed
and secured.
[7-25-2017 by Ord. No.
2017-21]
The door opening shall be framed with minimum two-inch by four-inch
(51 mm by 102 mm) framing material secured at the entire perimeter
and vertical members at a maximum of 24 inches (610 mm) on center.
Blocking shall also be secured at a maximum of 48 inches (1,219 mm)
on center vertically. Boarding sheet material shall be secured with
screws and nails alternating every six inches (152 mm) on center.
[7-25-2017 by Ord. No.
2017-21]
Doors shall be secured by the same method as for windows or
door openings. One door to the structure shall be available for authorized
entry and shall be secured and locked in an approved manner.
[7-25-2017 by Ord. No.
2017-24]
It is determined that certain types of the bamboo plant are
invasive and often difficult to control and can cause significant
damage to property. The purpose of this section is to preserve and
protect public and private property of the Borough of Bound Brook
from the damaging spread of bamboo, to protect indigenous and other
plant materials from the invasive spread of bamboo, and to maintain
the general welfare of the residents of the Borough of Bound Brook.
[7-25-2017 by Ord. No.
2017-24]
No owner, tenant or occupant of a property, or person, corporation
or other entity, shall plant, install or cause or permit the planting
or installation of plant species commonly known as "running (monopodial)
bamboo" or "clumping (sympodial) bamboo" upon any property located
within the Borough of Bound Brook. This prohibition shall include,
but is not limited to, the following plant genera:
[7-25-2017 by Ord. No.
2017-24]
In the event any species commonly known as "running bamboo"
or "clumping bamboo" is located upon any property within the Borough
of Bound Brook prior to the effective date of this prohibition, the
owner and occupant of said property shall jointly and severally be
required to confine such species to prevent the encroachment, spread,
invasion or intrusion of same onto any other private or public property
or public right-of-way.
a.
In lieu of confining the species, the property owner or occupant
may elect to totally remove the bamboo from the property and all affected
properties.
b.
Failure to properly confine such bamboo shall require removal as
set forth below. The cost of said removal shall be at the bamboo property
owner's expense.
c.
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the Director of Code
Enforcement or his designee that the bamboo which is on his/her property
at the time of the adoption of this section originated on another
property.
[7-25-2017 by Ord. No.
2017-24]
All places and premises in the Borough Bound Brook may be inspected by the Director of Code Enforcement or his designee subject to a complaint alleging that any subsection of this Section 17-28 has been violated.
[7-25-2017 by Ord. No.
2017-24]
a.
Whenever an invasive plant, as defined by this chapter is found on
any plot of land, lot or any other premises or place, a violation
notice shall be given to the owner, in writing, to remove or abate
the violation within such time as shall be specified in such notice.
b.
The cost of abatement shall be borne by the property owner.
c.
If the owner fails to comply with such notice within the time specified
therein, the enforcing official may have removed or otherwise control
the invasive plant species, and the Borough may thereafter recover
the cost of such removal from the property owner and place a lien
on the property to recover the cost of invasive plant removal.
[Added 11-7-2018 by Ord.
No. 2018-31]
a.
The owner of any property that contains a creek, brook, stream, canal,
or other nonnavigable waterway (collectively referred to as "waterways")
has the duty to perform cleaning and maintenance activities to the
waterways that do not require the submission of a formal application
to or written permission from the Division of Land Use Regulation
in the New Jersey Department of Environmental Protection so that the
natural flow of the water runs unimpaired.
b.
The property owner shall be responsible for keeping the section of
the waterway on their property clear and free of any fallen tree,
fallen tree branches, brush, or garbage/trash of any kind (collectively
referred to as "debris"). Pursuant to N.J.A.C. 7:13-7.5, the removal
of such debris shall be performed by hand according to the following:
1.
No machinery is used within the waterway except for handheld equipment;
2.
The material removed consists solely of accumulated debris and does
not alter the natural bed and banks of the waterway;
3.
Where work is proposed along a trout production or maintenance water,
the appropriate timing restrictions set forth at N.J.A.C. 7:13-11.5(d)
are observed;
4.
No riparian zone vegetation is cleared, cut, and/or removed, unless
such disturbance is unavoidable, necessary to gain access to the waterway,
and minimized; and
5.
No trees are cleared, cut, and/or removed in a riparian zone.
c.
If the use of machinery is required to remove an obstruction that
cannot be removed by hand, such as a fallen tree, abandoned vehicles,
furniture, and other large debris then, pursuant to N.J.A.C. 7:13-7.6,
removal of same shall be performed according to the following:
1.
All machinery is situated outside the waterway, except for handheld
equipment such as chainsaws. Heavy machinery such as backhoes may
be used to reach into the waterway to remove material, but cannot
be driven or otherwise placed in the waterway;
2.
No fill material or accumulated sediment is removed from the waterway;
and
3.
No riparian zone vegetation is cleared, cut, and/or removed, unless
such disturbance is unavoidable, necessary to gain access to the waterway,
and minimized.
d.
The maintenance described above is the property owner's responsibility
even if the object washed down the waterway from upstream.
e.
Property owners who have waterways or canals with either natural
or man-made retaining walls must keep the retaining walls in good
condition. Pursuant to N.J.A.C. 7:13-7.27, repair and maintenance
of canals must be performed according to the following:
1.
A public entity having jurisdiction over the canal determines that
the proposed repair and/or maintenance is necessary for proper operation
of the canal;
2.
No fill is placed in any floodway or fluvial flood hazard area, except
where necessary to restore a failed embankment to its pre-failure
condition; and
3.
No trees are cleared, cut, and/or removed in a riparian zone outside
the canal and its embankment.
f.
If these measures require any physical repair or if the property
owner wishes to install a measure to stabilize the slope in the waterway,
the property owner must obtain all necessary permits from all appropriate
state, county, and/or municipal agencies.
a.
Failure to maintain the waterways will result in a notice of violation
issued by a Code enforcement inspector.
1.
Violators will be given seven calendar days to abate violations of Subsection 17-29.1a, b, c, or d of the Borough Code.
2.
Violators will be given 10 calendar days to abate violations of Subsection 17-29.1e of the Borough Code.
3.
Failure to abate the violations within the time limits set forth
above will result in the issuance of a summons with a mandatory court
appearance. Violators will be fined a minimum fine of $250 for a first
offense, $500 for a second offense. A third offense will result in
the maximum allowable fine of $2,000.
b.
In the event that the property owner fails to maintain or repair
damage to either natural or man-made retaining walls for waterways
within 10 days after being served with notice to do so, the Director
of Code Enforcement may cause the damaged retaining walls to be repaired
by the Borough or the Borough's designee.
1.
In the event of such action, the cost of the repair work shall be
certified to the Mayor and Council by the Director of Code Enforcement.
If the Mayor and Council find that the certified cost of repairs is
correct, they shall cause the certified cost of doing the work to
be charged against the land upon which the work was performed.
2.
The amount charged shall become a lien upon the land and shall be
added to and become a part of the taxes next assessed upon the land,
and shall bear interest to be collected and enforced in the same manner
as taxes. The cost of the aforementioned work shall be in addition
to any penalty imposed for the violation of this section.
[Added 3-12-2019 by Ord.
No. 2019-10]
It is the purpose and intent of the Borough of Bound Brook,
through the adoption of this section, to establish a vacant property
registration ordinance as a mechanism to preserve the integrity of
Bound Brook's commercial districts and prevent these areas from becoming
blighted through the lack of adequate maintenance and security of
abandoned and vacant properties. Additionally the Borough desires
to deter crime and theft of materials, to minimize loss of property
value to vacant properties and surrounding occupied properties, to
reduce the risk of damage from fire, flooding or other hazards, and
to promote the comfort, happiness and emotional stability of area
residents. The provisions of this section shall apply to all commercial
units in the Borough.
For the purposes of this chapter, certain words and phrases
used in this section are defined as follows:
The Borough of Bound Brook.
Any building in whole, or part thereof used for nonresidential
purposes. This includes, but is not limited to, storefronts that are
part of a mixed-used structure.
Consecutive calendar days.
Any aesthetic condition that on its own or combined with
other conditions present would lead a reasonable person to believe
that the property is vacant. Such conditions include, but are not
limited to, covered or obscured windows, missing or broken business
signage, overgrown or dead vegetation, extensively chipped or peeling
exterior paint, exterior walls in poor condition, porches and steps
in poor condition, roof in poor condition, broken windows and other
signs of general disrepair, accumulation of newspapers, circulars,
flyers or mail, past due utility notices or disconnected utilities,
accumulation of trash, junk or debris, the absence of window coverings
such as curtains, blinds, or shutters, the absence of furnishings
or personal items consistent with commercial habitation, statements
by neighbors, passersby, delivery agents, government employees that
they property is vacant.
Any person, partnership, association, corporation or fiduciary
having a legal or equitable title or any interest in any real property.
No trustee in any deed of trust shall be considered an owner.
Is the person or entity listed on recorded deed, probated
will or heir by intestacy.
Any unimproved or improved real property or portion thereof,
situated in the Town and includes the buildings or structures located
on the Property regardless of condition.
A building, or portion thereof, in a mixed use, designed
exclusively for residential occupancy, including one-family, two-family,
multiple dwellings, mobile homes, house trailers, boarding- and lodging
houses, apartment houses, and apartment hotels.
Water, sewer, telephone, natural and propane gas, and electricity
services.
A property that has not been legally occupied for 30 days.
"Legally occupied" means occupancy by the owner or any business or
individual whose presence therein is with the consent of the owner.
All owners of vacant commercial unit(s) must register such vacant
commercial unit(s) with the Bound Brook Department of Code Enforcement
within 14 days of such commercial unit(s) becoming vacant. The registration
along with registration fees as outlined in Section 17-29.4 must be
paid and renewed every six months as set forth below for as long as
the commercial unit(s) remains vacant. Vacant commercial unit(s) registration
and fee progression schedule runs continuously from when the unit(s)
is vacant through occupancy of said unit(s).
a.
Owners of commercial unit(s) shall designate an individual or property
management company responsible for the security and maintenance of
the unit. The individual or property management company responsible
for the security and maintenance of the unit shall have an office
located within 25 miles of the property.
b.
The registration required by this section must contain the following
information:
1.
The owner's name, telephone number, and mailing address. The mailing
address may not be a P.O. box.
2.
The street address (including unit designation) and Tax Map designation
(lot and block) of the unit.
3.
The name, telephone number, and mailing address of an individual
or property management company responsible for the security and maintenance
of the unit/property. The mailing address may not be a P.O. box.
4.
Certification that the unit was inspected as required by Section
17-29.6.
5.
Proof of utility (gas, electric, water) connections or disconnections.
6.
Proof of insurance meeting the requirements of Section 17-29.5c of
this section.
7.
The owner shall have a continuing duty to notify the Borough of any
changes to the information contained in the registration.
8.
The Department of Code Enforcement may promulgate forms on which
the information in the registration must be provided.
9.
Registration must be renewed every six months.
10.
Vacant commercial units shall remain subject to the six-month
registration/reregistration, maintenance, and security requirements
of this chapter as long as they remainy vacant.
11.
Once the commercial unit is no longer vacant or is sold, the
owner must provide written proof of occupancy or sale to the Department
of Code Enforcement.
[Amended 11-9-2021 by Ord. No. 2021-027]
a.
Commercial units subject to the requirements of this section must
be maintained in accordance with all applicable federal, state and
local laws, rules and regulations. The owner, creditor, local individual
or local property management company, as appropriate, must inspect
the unit twice a month for the duration of the vacancy or foreclosure,
as appropriate.
b.
In addition to, and not in lieu of, meeting all other applicable
federal, state, and local laws, rules, and regulations:
1.
Properties with commercial units subject to the requirements of this
section shall be kept free of accumulated snow and ice, weeds, dry
brush, dead vegetation, trash, junk, debris, building materials, unregistered
vehicles, any accumulation of newspapers, circulars, flyers, notices
(except those required by law), and discarded personal items, including,
but not limited to, furniture, clothing, large, small and commercial
appliances, printed material or any other items giving the appearance
that the property is vacant.
2.
Properties with commercial units subject to the requirements of this
section shall be maintained free of graffiti, tagging, or similar
markings. In the event that any graffiti, tagging, or similar markings
are placed on the property, it/they shall either be removed or painted
over with an exterior-grade paint matching the color of the portion
of the structure where the graffiti, tagging, or similar marking was
placed.
3.
Properties with commercial units that have front yards, rear yards,
and side yards of properties subject to the requirements of this section
shall be landscaped and maintained to neighborhood standards. Properties
with commercial units that have rear alleys and garbage container
areas will maintain the alleys and the garbage container area in a
neat and clean manner. Landscaping and maintenance shall include,
but is not limited to, care of grass, mulch, decorative rock, artificial
turf/sod specifically designed for commercial installation, or other
ground cover, bushes, shrubs, hedges, trees, or similar plantings,
removal or repair of gravel, broken concrete, asphalt, decomposed
granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar
material, in addition to regular watering, irrigation, cutting, pruning
and mowing of required vegetation and removal of all trimmings.
4.
Properties with commercial units that have front windows and doors
shall maintain windows, doors and doorways in a clean and safe manner.
The interior of the unit will be kept clean and free of debris and
rubbish.
5.
Windows are to be left uncovered and the interior of the unit visible
to the outside. Exception: Units that are under active construction
with open construction permits(s).
c.
The owner of any vacant commercial unit shall acquire and maintain
liability insurance covering injury or damage to any person or any
property in not less than $1,000,000 for nonresidential buildings
or property.
d.
The property owner shall be responsible for maintenance of the vacant
commercial unit. However, if the owner of a property vacates or abandons
any property on which a foreclosure proceeding has been initiated
or if a property is or becomes vacant at the time of or 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 property is found to be a nuisance or in violation of any
applicable state or local code, the enforcement authority shall notify
the creditor, which shall have the responsibility to abate the nuisance
or correct the violation in the same manner and to the same extent
as the title owner of the property, to such standard or specification
as may be required by state law or Borough ordinance. The enforcement
authority 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. If the creditor fails
to remedy the violation within that time period, the Borough may impose
the penalties allowed for the violation of municipal ordinances pursuant
to N.J.S.A. 40:49-5 against the creditor to the same extent as they
could be imposed against the owner of the property.
e.
Adherence to this section does not relieve the owner or creditor
of obligations set forth in any other statute, regulation, ordinance,
or other source of authority or obligation.
a.
Every new vacant commercial unit registered with the Borough must
undergo an inspection by the enforcement authority. The enforcing
authority will, upon successful completion of the inspection, issue
a certificate that the unit has been inspected.
b.
The enforcement authority shall have the authority to inspect properties
subject to this section at any time necessary for compliance and to
issue summonses for any violations.
Enforcement authority shall be vested in the Bound Brook Code
Enforcement Department and its officials and inspectors.
a.
Violation of any of the terms of this section shall be punishable
by a fine of not less than $200 nor greater than $2,000 per occurrence
in addition to any registration fee or renewal fee that may be due
and owing. Each subsequent occurrence shall result in an increased
penalty.
b.
Failure to abate a nuisance or correct a violation of any statute,
regulation, or ordinance regulating the construction, maintenance,
health, or security of a property shall be subject to the penalties
set forth in the applicable statute, regulation, or ordinance for
the specific violation.
[Amended 7-26-2022 by Ord. No. 2022-23]
Nothing contained in this Section 17-26 shall prevent the Borough from taking action to abate a nuisance or correct a violation where the owner or creditor, as applicable, has failed to abate the nuisance or correct the violation on a vacant property or a property in foreclosure after notice and the opportunity to abate or correct. In such situations, the Borough may impose a lien against the property for costs to correct the violation or abate the nuisance. Property registration fees imposed pursuant to Subsection 17-26.30.4 hereof shall be considered a municipal charge pursuant to the Tax Sale Law, N.J.S.A. 54:5-1 et seq. Such lien shall hereafter form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as such taxes, to be collected and enforced by the same officers and in the same manner as such taxes.
No governmental entity shall be required to register under this
section. However, nothing contained in this section shall be construed
as granting exemption from property maintenance or other obligations
imposed by any other statute, regulation, or ordinance.
