[Ord. No. 90-1 § 1; Ord. No. 12-15 § 1]
This chapter shall be known as the "Property Maintenance Code of the Borough of Woodland Park" and may be referred to in this chapter in the short form as the "Code" or "chapter."
[Ord. No. 90-1 § 1; Ord. No. 12-15 § 1]
Experience and observations have shown that lack of maintenance of real property may lead to progressive deterioration and loss of property values. Through the establishment of the regulations and restrictions contained herein, the desirability of residential and nonresidential uses and the amenities of neighborhoods will be enhanced, and the general health, safety and welfare of all residents will be fostered and protected.
[Ord. No. 90-1 § 1; Ord. No. 12-15 § 1]
The purpose of this chapter is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises. It fixes certain responsibilities upon owners, operators, occupants and other persons. It authorizes and establishes procedures for the inspection of residential and nonresidential premises. It fixes penalties for the violations of this chapter and provides procedures for correcting violations in those cases requiring municipal action. This chapter is hereby declared to be protective, preventive and essential for the public interest, and it is intended that this chapter be liberally constructed to effectuate the purposes stated herein.
[Ord. No. 90-1 § 2; Ord. No. 12-15 § 2; Ord. No. 2017-27 § 1]
Words and terms in this chapter which are defined in the Zoning Ordinance of the Borough of Woodland Park are consistent in definition.
The following terms, wherever used herein or referred to in this Code, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:
- shall mean the condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
- EXPOSED TO PUBLIC VIEW
- shall mean any premises, or any part of any premises, which may be lawfully viewed by the public or any member thereof.
- EXTERIOR OF THE PREMISES
- shall mean those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
- shall mean the control and elimination of insects, rodents and vermin.
- FRONT YARD
- shall mean that space on the same lot with a principal building situated between the front street line or lines and the front line of the building projected to the side property lines. The depth of the "front yard" shall be measured along a line perpendicular to the front street line from the point of the foundation of the structure or building farthest from such street line.
- shall mean animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- shall mean the presence of rodents, vermin or other pests on the premises which constitutes a health hazard.
- INVASIVE PLANTS
- shall mean all native and non-native vines and vegetation
that grow beyond the boundaries of the property lines and are competitive,
persistent and pernicious. These plants may damages trees, vegetation
and structures. Examples include, but are not limited to: bamboo (spreading
or running type), ragweed, multi flora rose, kudzu-vine and poison
ivy or oak.[Ord. No. 2017-27 § 1]
- shall mean:
- (a) Any condition so defined by common law, the statutes of the State of New Jersey or the ordinances of the Borough of Woodland Park.
- (b) Any condition which may prove attractive but detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot.
- (c) Physical conditions dangerous to human life or detrimental to health or persons on or near the premises where the condition exists.
- (d) Conditions which render air, food or drink unwholesome or detrimental to the health of human beings.
- shall mean any person having actual possession of a property (home, apartment, building, and/or lot).
- shall mean any person who has charge, care of or control of a dwelling or premises, or any part thereof, with or without the knowledge and/or consent of the owner.
- shall mean any person or entity who, alone or jointly or severally with others, has legal or equitable title in any form to any premises, with or without actual possession thereof, or shall have charge, care or control of any dwelling or premises as owner or agent of the owner, including but not limited to a fiduciary, executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession.
- shall mean possessing property, which shall include but not be limited to: a lot, plot or parcel of land, including the buildings or structures thereon. This definition shall include the possession of an apartment or home.
- shall mean all nonputrescible solid wastes, including but not limited to abandoned vehicles and recreational devices and parts thereof, abandoned machinery and parts thereof, household furnishings, dead animals, debris, junk, appliances, rubbish, scrap lumber, stumps, tires, trash, grass and yard clippings. (See also "garbage.")
[Ord. No. 90-1 § 3; Ord. No. 12-15 § 3]
All structures and premises, residential, commercial and industrial shall comply with the provisions of this chapter, whether or not those structures and premises have been constructed, altered or repaired before or after the enactment of this chapter and irrespective of any permits or licenses which may have been issued for their use or occupancy prior to the effective date of this chapter. (Amending Ordinance No. 12-15, codified herein, was adopted September 19, 2012). Vacant lots, lands and premises are also required to comply with the provisions of this chapter.
[Ord. No. 90-1 § 4; Ord. No. 12-15 § 4]
In any case where the provisions of this Code impose a higher standard than set forth in any other ordinance of the Borough of Woodland Park or under the laws or regulations of the State of New Jersey, then the standards as set forth herein shall prevail. If the provisions of this Code impose a lower standard than any other ordinance of the Borough of Woodland Park or of the laws and regulations of the State of New Jersey, then the higher standard contained in any such ordinance or law shall prevail.
[Ord. No. 90-1 § 5; Ord. No. 12-15 § 5]
No certification of compliance with this Code shall constitute a defense against any violation of any other ordinance of the Borough of Woodland Park applicable to any structure or premises.
[Ord. No. 90-1 § 6; Ord. No. 12-15 § 6]
Owners and operators shall have all the duties and responsibilities as prescribed in this Code, and no owner and operator shall be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
[Ord. No. 90-1 § 6; Ord. No. 12-15 § 6]
Occupants shall have all the responsibilities and duties as prescribed in this Code, and the occupant shall not be relieved from any such duties and responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefore and in violation thereof.
[Ord. No. 90-1 § 6; Ord. No. 12-15 § 6]
Unless expressly provided to the contrary in this Code, the respective obligations and responsibilities of the owner and operator on the one hand and the occupant on the other shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.
[Ord. No. 90-1 § 7; Ord. No. 12-15 § 7]
It shall be the duty of the owner, operator and/or occupant to keep the exterior of the premises free of nuisance which include, but are not limited to, the following:
Garbage and/or refuse.
Natural growth, such as dead and dying or storm-damaged trees and limbs or other growth, which by reason of its condition or nature, constitutes a hazard to persons lawfully in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions. Owners of vacant premises must keep them free of nuisances.
Overhanging objects and accumulations of ice and/or snow which, by reason of their location above ground level, constitute a danger of falling on persons lawfully in the vicinity.
Ground surface hazards, such as holes, excavations, breaks and projections on residential premises within five (5) feet of an unfenced property line or on any part of a nonresidential premises to which the public has lawful access.
Sources of infestation, including all environments and conditions conducive to the increase or spread of vermin.
[Ord. No. 90-1 § 7; Ord. No. 12-15 § 7; Ord. No. 13-13; Ord. No. 2017-18]
It shall be the duty of the owner, operator and/or occupant to keep and maintain the exterior of the premises and structures so that the appearance of the same shall not constitute a blighting factor, including but not limited to the following:
Storage of Commercial and Industrial Material. The front, side and back yard, driveway, walks or other parts of the outside premises of any building or upon any lot on which no building is located shall not contain any boxes, barrels, sticks, stones, bricks, bottles, cans, metal drums, iron pipe, old scrap metal, old furniture, auto parts, old tires, unused lumber or any other equipment or materials relating to commercial or industrial uses, unless permitted under the Zoning Ordinance.
Storage of Garbage, Refuse and Debris. No garbage, refuse and/or debris, as they are defined in this chapter, shall be stored within twenty-five (25) feet from the curbline, except if it is kept in the side yard or back yard, or is placed at the curb for collection.
Landscape features other than lawn shall not exceed fifty (50%) percent of the front yard area. The lawn shall be located adjacent to the public right-of-way. Fifty (50%) percent of all required pervious area within a lot shall be lawn.
Patios are not permitted within the front yard or side yard of any interior lot. Patios may be permitted within the side yard of a corner lot when properly fenced or screened. A patio is defined as an exterior recreation area that adjoins a dwelling or accessory structure, is unroofed, is at ground level or elevated by land or retaining walls, is impervious or semi-impervious, may contain furniture and can be adapted to outdoor dining.
Premises shall be kept from becoming overgrown and/or unsightly. Vegetation along the public right-of-way shall be kept form becoming a hazard to pedestrians and motorists.
[Ord. No. 2017-18]
General Maintenance. The exterior of every structure shall be maintained in good repair for purposes of preservation and appearance and free of conditions reflective of deterioration or inadequate maintenance, including but not limited to, broken glass, excessive peeling or deteriorated paint, loose shingles and crumbling stone or brick.
Front Yard Parking; Commercial Vehicle Parking.
No person shall park any motor vehicle or boat in any front yard area except on driveways constructed and installed in compliance with Borough Ordinances, and no driveway shall be wider than fifty (50%) percent of the front yard width of any property.
The parking of commercial vehicles is prohibited in residential zones, except for the exemptions that are provided in other Borough Ordinances.
[Ord. No. 2017-27 § 2]
All persons must control the growth of invasive plants. Failure to control the spread of such vegetation beyond the boundaries of a resident's property line is a violation of this chapter. Each owner shall be required to take such measures as are reasonably expected to prevent such plants from invading or growing onto adjoining or neighboring properties. Such measures shall include, but not be limited to, installation of sheathing impenetrable by plants at a sufficient depth, which shall be a depth of a minimum of three (3) feet, within the property line or lines where invasive plants are growing to prevent the growth or encroachment upon adjoining or neighboring property by the invasive plants.
[Ord. No. 90-1 § 8; Ord. No. 12-15 § 8]
Nothing in this chapter shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any building or structure which is deemed to be dangerous, unsafe or unsanitary.
[Ord. No. 90-1 § 9; Ord. No. 12-15 § 9]
The Municipal Administrator of the Borough of Woodland Park is hereby designated as the officer in charge with the enforcement of this Code and is hereinafter referred to as the "Enforcement Officer." The Construction Code Official of the Borough of Woodland Park, Building Subcode Official, Municipal Engineer, all members of the Police Department and authorized inspectors of the Fire Department and Health Officers of the Borough of Woodland Park are hereby designated as Assistant Enforcement Officers for the purposes of the enforcement of this Code.
[Ord. No. 90-1 § 9; Ord. No. 12-15 § 9]
The Enforcement Officer shall cause to be made such inspections of premises within the Borough as he shall deem necessary to effect compliance with this chapter and shall have the authority to use the services of any public authority in the enforcement of this Code.
[Ord. No. 90-1 § 9; Ord. No. 12-15 § 9]
Following inspection, if the enforcement officer determines that the premises are not in compliance with this chapter, he shall then issue and cause to be served upon the owner, operator and/or occupant of the premises a written notification that shall contain a description of the property affected, sufficiently definite in terms to identify it, the nature of the violation and the correction action sought allowing fifteen (15) days (exclusive of the day of service) for its correction. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Public Officer may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three (3) days, and upon failure to do so, the Public Officer shall abate the condition immediately thereafter.
[Ord. No. 90-1 § 9; Ord. No. 12-15 § 9]
In the case of an owner or operator, the notice may be served personally upon him or by registered mail or certified mail, addressed to his last known address. If, after due diligence, the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the structure. Personal service of the notice may be upon a member of the family or the owner or operator over fourteen (14) years of age, residing in the same dwelling unit with the owner or operator, as the case may be. In the case of the occupant, notice may be mailed or delivered to him at his place of business or posted to the door of the occupant's premises.
[Ord. No. 90-1 § 10; Ord. No. 12-15 § 10]
Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Enforcement Officer may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or upon failure to do so, the Enforcement Officer shall abate the condition subject to the provisions of Section 18-11 of the within chapter.
[Ord. No. 90-1 § 11; Ord. No. 12-15 § 11]
Where abatement of any nuisance, as defined herein, correction of a defect in the premises or work necessary to place the premises in a proper condition so as to conform to ordinances of the Borough or applicable laws of the State of New Jersey requires expending Borough monies, the Construction Code Official and/or Superintendent of Public Works shall present a report of work proposed to be done to accomplish the foregoing to the Mayor and Municipal Council with an estimate of the cost, along with a summary of the proceeding undertaken by the Enforcement Officer to secure compliance, including notices served upon the occupants, owners, operators or their agents, as the case may be. The Mayor and Municipal Council may thereupon, by resolution, authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with the Code. The Construction Code Official and/or Superintendent of Public Works shall thereafter proceed to have the work performed in accordance with the resolution at municipal expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and costs to the Mayor and Municipal Council. After review of the report, the Mayor and Municipal Council may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Municipal Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the effected premises.
[Ord. No. 90-1 § 12; Ord. No. 12-15 § 12; Ord. No. 2017-19 §§ 1, 2; Ord. No. 2017-27 §§ 3, 4]
Where any owner, operator or occupant fails to comply with an order issued pursuant to this chapter, he shall be deemed in violation of this chapter and shall be subject to the penalties provided herein. It shall be the duty of the Enforcement Officer to cause a summons to be issued from the Municipal Court for such violations, but nothing contained herein shall limit the power of the Enforcement Officer to take such further action under the criminal and civil laws of this State through any court of competent jurisdiction as may be necessary to remove or abate any nuisance.
Whenever an invasive plant as defined in this chapter is found on any plot of land, lot or any other premises or place, a violation shall be given to the owner, in writing to remove or abate the same within such time as shall be determined by the enforcing officer.
The cost of abatement shall be borne by the property owner.
If the owner fails to comply within the time specified therein, the enforcing official may remove 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 the invasive plant.
[Ord. No. 2017-27 § 3]
Failure to Abate Violation Upon Conviction.
Upon failure of the violator to remove said violation after conviction, the Code Enforcement Officer shall serve notice of the Borough's intent to enter upon the property and remove said violation. Notice shall be sent to the violator via certified and regular mail and shall also be hand delivered by a Police Officer ten (10) days prior to the proposed removal.
The Code Enforcement Officer shall keep a detailed record of the costs thereof and when the Borough has affected the removal and/or disposal of said violation, shall submit the costs to the Borough Clerk for review of the Governing Body. The Governing Body shall examine the same and if it is found proper, shall confirm and forward to the Tax Collector to place as a municipal lien upon the property. Such amount shall bear interest at the same rate as taxes and shall be collected in the same manner as taxes.
[Ord. No. 2017-19 § 1]
Each violation of any of the provisions of this chapter and each day that the violation exists shall constitute a separate and distinct offense and shall be punishable by a fine not to exceed five hundred ($500.00) dollars per day and per offense, levied against the owner, operator or occupant, with a minimum fine of one hundred ($100.00) dollars per day.
[Ord. No. 2017-27 § 4]
Where abatement of any nuisance, as defined herein was accomplished and premises brought into compliance with this chapter through the expenditures of Borough funds, such costs shall be assessed against the premises cited as a lien in the same manner as real estate taxes.
[Ord. No. 2017-19 § 2; Ord. No. 2017-27 § 4]
[Ord. No. 90-1 § 13; Ord. No. 12-15 § 1]
Upon issuance of a notice of violation pursuant to this chapter, the property owner, operator or occupant shall correct the condition and notify the enforcement officer that said condition has been corrected. A compliance inspection shall then be made. Should full compliance not be achieved at the time of said inspection, the Borough shall be reimbursed by the property owner for the cost of all re-inspections. Failure to reimburse the Borough shall result in a lien for said cost being placed against the property in the same manner as real estate taxes.
[Ord. No. 90-1 § 14; Ord. No. 12-15 § 14]
There shall be no fee for an initial compliance inspection made following the issuance of a notice of violation required pursuant to this chapter. Fees for subsequent inspections to determine compliance shall be twenty-five ($25.00) dollars for the first inspection and shall increase in increments of twenty-five ($25.00) dollars for subsequent inspections.
[Ord. No. 11-08 § 1]
The following definitions will apply to the interpretation of this section:
- ENFORCING OFFICIAL
- shall mean and include the Board of Health Officer or other official authorized by the Woodland Park Board of Health to enforce this section.
- shall mean and include an individual, firm, corporation, association, society, partnership and their agents or employees.
- The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this municipality:
- a. Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this municipality;
- b. Pollution or existence of a condition or conditions which cause or threaten pollution of the airways or any waters in this municipality in such a manner as to cause or threaten injury to any of the inhabitants of this municipality, either in their health, comfort or property;
- c. The escape into the open air from any stack, vent, chimney or any entrance to the open air or from any fire of such quantities of smoke, fly ash, dust, fumes, vapors, mists or gases as to cause injury or detriment or noise to the inhabitants of this municipality or endanger their comfort, health or safety;
- d. The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place;
- e. The existence or presence of any water or other liquid in which mosquito larvae breed or exist;
- f. The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter which may attract flies and to which flies may have access or in which fly larvae or pupae breed or exist; and
- g. Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
[Ord. No. 11-08 § 2]
All places and premises in this municipality shall be subject to inspection by the Board of Health or the enforcing official if the Board or that official has reason to believe that any subsection of this section is being violated.
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Board of Health or the enforcing official from having full access to any place or premises upon which a violation of this section is believed to exist.
[Ord. No. 11-08 § 3]
Whenever a nuisance, as declared by subsection 18-15.1 of this section is found on any plot of land, lot, right-of-way or any other private premises or place, notice, in writing, shall be given to the owner thereof to remove or abate same within such time as shall be specified herein, but not less than five (5) days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place. If the owner resides out of the State or cannot be so notified in due course or in a timely manner, such notice shall be left at that place or premises with the tenant or occupant or posted on the premises, as such action shall be considered proper notification to the owner, tenant or occupant thereof.
If the owner, tenant or occupant, upon being notified as provided by the section, shall not comply with such notice within the time specified herein and fails to remove or abate such nuisance, the Board of Health shall proceed to abate the nuisance or may cause it to be removed or abated by such means as the Board shall deem proper including the issuance of a summons to the property owner for violation of this section.
[Ord. No. 11-08 § 4]
The Board of Health may institute an action at law to recover costs incurred by the removal or abatement of any nuisance as defined under subsection 18-15.1 of this section from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of the premises who, after notice and notification as herein provided, shall fail to remove and abate same within the time specified in such notice.
[Ord. No. 11-08 § 5]
The provisions of this section shall be enforced by the Board of Health or its duly appointed enforcing official.
[Ord. No. 11-08 § 6]
Any person who violates or neglects to comply with any of the provisions of this section shall upon being issued a proper summons as identified in subsection 18-15.3b of this section by the appropriate official and be liable, upon conviction, for a penalty of not more than one hundred ($100.00) dollars for each violation.
[Ord. No. 2017-33]
As used in this section, the following terms shall have the meanings indicated:
- ABANDONED PROPERTY
- As defined in accordance with the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et. seq., shall mean the following:
- 1. Except as provided in Section 6 of P.I. 2003, c. 210 (N.J.S.A. 55:19-83), any property that is not legally occupied and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the Public Official:
- (a) The property is in need of rehabilitation in the reasonable judgment of the Construction Official, and no material rehabilitation has taken place during the six (6) month period;
- (b) Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no material construction has taken place for at least six (6) consecutive months as of the date of a determination by the Public Official pursuant to this section;
- (c) At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statues (see N.J.S.A. 54:4-1 et. Seq.) as of the date of a determination by the Public Official pursuant to this section; or
- (d) The property has been determined to be a nuisance by the Public Official in accordance with Section 5 of P.I. 2003, c. 210 (N.J.S.A. 55:19-82).
- 2. A property which contains both residential and non-residential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et. seq.) so long as two-thirds (2/3) or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space is legally occupied at the time of the determination of abandonment by the Construction Official and the property meets the criteria of either paragraph 1 (a) or paragraph 1 (d) herein.
- 1. Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is or has been vacant. Such evidence would include, but is not limited to, evidence of the existence of two (2) or more of the following conditions at a property: overgrown or dead vegetation; 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 residential habitation; statements by neighbors, delivery agents, or government employees that the property is vacant or abandoned; infestation by insects, vermin, rats or other pests; windows or entrances that are boarded up or closed off; multiple window panes that are damaged, broken or unrepaired; doors that are smashed, broken, unhinged or continuously unlocked; or any uncorrected violations of a municipal building, housing or similar code during the preceding year.
- 2. Property determined to be "abandoned property" in accordance with the meaning of such term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et. seq., shall also be deemed to be vacant property for the purposes of this section.
- Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of C. 46:10B-51 (P.L. 2008 c. 127 S17) a debtor in possession or any other entity determined by the Borough of Woodland Park to act with respect to the property.
- VACANT PROPERTY
- Any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased for a period of at least three (3) months, and any commercial property that has not been legally occupied or at which substantially all lawful construction operations have ceased for a period of at least three (3) months, and which exhibits evidence of vacancy such that a reasonable person would believe that the property is vacant. Any property that contains all building systems in working order, is being maintained on a regular basis, has not been cited by the Borough for any violation of municipal ordinance within such time and is being actively marketed by its owner for sale or rental shall not be deemed vacant.
The owner of any vacant property as defined herein shall, within thirty (30) days after the building becomes vacant property or within thirty (30) days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Borough of Woodland Park on forms provided by the Borough of Woodland Park for such purposes. The owner shall be required to renew the registration semi-annually as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 18-16.4 of this section for each vacant property registered. The initial and renewal fees shall be prorated and or credited accordingly upon legal occupancy.
The owner shall notify the Borough of Woodland Park within thirty (30) days of any change in the registration information by filing an amended registration statement on a form provided by the Borough of Woodland Park for such purpose.
The registration statement shall be deemed prima facie proof of the statement therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough of Woodland Park against the owner or owners of the building.
After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Borough of Woodland Park Code Enforcement Officer if requested, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. If an inspection is requested of the interior of the property due to complaints or other cause, the fee for such inspection shall be the same as that for a Continued Certificate of Occupancy inspection as provided in the applicable provisions of the Code of the Borough of Woodland Park.
The registration statement shall include the name, street address, and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of any applicable code. The designated agent must have a contact number that will be available twenty-four (24) hours per day on an emergency basis. The statement shall also include the name of the person responsible for maintaining and securing the property, if different from the designated agent.
An owner who is a natural person and who meets the requirements of this section as to availability of a contact number on a twenty-four (24) hour emergency basis may designate himself or herself as agent.
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purpose of this section until the owner notifies the Borough of Woodland Park of a change of the authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of this section.
The registration shall remain valid for twelve (12) months from the date of registration. The owner shall be required to renew the registration every twelve (12) months as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed herein for each vacant property registered.
The initial registration fee for each building shall be $500.00. The fee for the first renewal is $1,500.00. The fee for any subsequent renewal is $5,000.00. Initial fee according the month of registration and renewal fees shall be every 12 months there after.
The owner of any building that has become vacant and abandoned property, and any person maintaining, operating or collecting rent for any such building that has become vacant, shall, immediately:
Post a sign affixed to the inside of the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to subsection 18-16.3 of this section), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches; and
Enclose and secure the building against unauthorized entry as provided in the provisions of the Code of the Borough of Woodland Park and maintain the sign required in paragraph a1 above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
Make provision for the maintenance of the lawn and yard, including regular grass cutting as required by the applicable provisions of the Code of the Borough of Woodland Park; and;
Make provision for the cessation of the delivery of mail, newspapers and circulars to the property, including having the property listed on the exclusion list maintained by the Borough of Woodland Park for the delivery of circulars and advertisements to the property; and
Make provision for the winterizing of the property by the cessation of water service to the property and the draining of water lines; other than buildings with a fire sprinkler system; and
Make provision for the cessation of electric or gas utility services to the property; other than buildings with a fire sprinkler system, and
Make provision for the regular maintenance of the exterior of the property.
Any owner who is not in full compliance with this section or who otherwise violates any provision of this section or of the rules and regulations issued hereunder shall be subject to a fine of not less than $500.00. And not more than $ 1,000.00. For each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property.
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of subsection 18-16.5 of this section, or such other matters as may be established by the rules and regulations of the Borough of Woodland Park shall be deemed to be a violation of this section.
Nothing in this section is intended to nor shall be read to conflict or prevent the Borough of Woodland Park from taking action against buildings found to be unfit for human habitation or unsafe structures as provided in applicable provisions of the Code of the Borough of Woodland Park and/or the Uniform Construction Code. Further, any action taken under any such code provision other than the demolition of a structure shall not relieve an owner from its obligations under this section.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. This obligation applies whether the determination that the property is vacant and abandoned is made is made by the Public Officer pursuant to Chapter 18 "Property Maintenance," Chapter XVII "Building and Housing," N.J.S.A. 2A:50-73, or otherwise,
If the creditor is located out-of State, the creditor shall be responsible for appointing an in-State representative or agent to act for the foreclosing creditor.
An out-of-State creditor shall include the full name and contact information of the in-State representative or agent in the notice required to be provided to the Municipal Clerk pursuant to N.J.S.A. 46:10B-51(a)(1).
An out-of State creditor found by the Municipal Court, or by any other court of competent jurisdiction, to be in violation of any provision of this section shall be subject to a fine of $ 2,500.00. For each day of the violation, commencing on the day after the ten(10) day period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose has been served.
A Public Officer appointed pursuant to N.J.S.A. 40:48-2.3 et. seq. or any Enforcement Officer described in this section, shall be authorized to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the Public Officer or Enforcement Officer determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. The notice shall require the person or entity to correct the violation within thirty (30) days of receipt of the notice, or within ten (10) days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute proof that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
A creditor found by the Municipal Court, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to paragraph a. shall be subject to a fine of $ 1,500.00. For each day of the violation commencing thirty-one (31) days following receipt of the notice, except if the violation presents an imminent risk, to the public health and safety, in which case any fines shall commence eleven (11) days following receipt of the notice.
The Borough of Woodland Park hereby grants to itself all such powers granted to municipalities by the State of New Jersey for the rehabilitation of abandoned property. Such powers are set forth, inter alia, in the "Abandoned Properties Rehabilitation Act" (N.J.S.A. 55:19-78 et seq.) and in applicable portions of the "New Jersey Urban Development Corporation Act" (N.J.S.A. 55-19-1 through 77). These state statutory powers are collectively referred to herein as the "enabling statutes".
The Public Officer as defined in N.J.S.A. 55:19-80, who is responsible for executing the provisions of this chapter for the rehabilitation of abandoned property, shall be designated by resolution of the Borough Council.
The Public Officer shall designate a property as an "abandoned property" if said property meets the criteria set forth in N.J.S.A. 55:19-81 (abandoned property criteria) and/or N.J.S.A. 55:19-82 (nuisance property criteria). The Public Officer's designation is limited by the provisions of N.J.S.A. 55:19-83.
The Public Officer shall establish an Abandoned Property List pursuant to N.J.S.A. 55:19-55. An interested party (as that term is defined in N.J.S.A. 55:19 — 105a) may request that the Public Officer include a property on the Abandoned Property List, pursuant to N.J.S.A. 55:19-105.
Borough of Woodland Park has such powers and rights regarding abandoned properties as set forth in the enabling statutes. Such powers include but are not limited to:
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
Special tax sales, pursuant to N.J.S.A. 55:19-101;
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100
Possession and control of property, pursuant to N.J.S.A. 55:19-84 to 55:19¬92 et. seq.;
Rehabilitation and reuse of property, while in possession and control, pursuant to N.J.S.A. 55:19-90;
Borrowing money and making applications for rehabilitation of property, while in possession and control, pursuant to 55:19-91;
Sale of property, pursuant to N.J.S.A. 55:19-96;
Purchase of property, pursuant to N.J.S.A. 55:19-96;
Recover rehabilitation costs by lien on property, pursuant to N.J.S.A. 55:19-98
Clearance, development, redevelopment or repair of property through power of imminent domain, pursuant to N.J.S.A. 55-19:56, N.J.S.A. 55:19-102.
Nothing in this section is intended to or shall be read to conflict of prevent the Borough from taking action against buildings found to be unfit for human habitation or unsafe structures, as provided in applicable provisions of the Code of the Borough of Woodland Park, or imposing a lien for costs on any property to the full extent permitted by law.
All references in this section to state statutes include reference to all amendments thereto. References to particular sections of the enabling statues are for ease of reference, but may not be exhaustive and are not meant to be exclusive of other applicable statutory provisions contained in the enabling statutes or elsewhere in the New Jersey Statutes.
All ordinances or parts of ordinances of the Borough of Woodland Park inconsistent herewith are repealed to the extent of such inconsistency.
If any subsection, clause or phrase of this section is for any reason held to be unconstitutional or invalid by any court of competence jurisdiction, such decision shall not affect the remaining portion of this section.
[Ord. No. 2017-3, adopted December 20, 2017]
This Section 18-16 shall take effect immediately upon final passage, approval and publication as required by law.
[1972 Code § 15-1]
No person shall own, operate, or manage any building or structure within the Borough which is a multi-family building or structure, without full compliance with the requirements of this chapter.
[1972 Code § 15-2]
The words, terms or phrases listed below for the purpose of this chapter shall be defined and interpreted as follows:
Building shall mean any building or structure, or part thereof, used for human habitation, use, or occupancy and includes any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.
Dwelling shall mean a building or structure or part thereof containing three (3) or more dwelling units or lodging units.
Dwelling unit shall mean any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designated to be used, for living, sleeping, cooking and eating.
Garbage shall mean the animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
Habitable room shall mean a room or enclosed floor space within a dwelling unit used or designated to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
Infestations shall mean the presence, within or around a building, of any insects, rodents or other pests.
Multi-family building shall mean any building or structure containing three (3) or more dwelling units.
Occupant shall mean any person or persons in actual possession of, and living in the building or dwelling unit, including the owner.
Owner shall mean any person properly authorized to exercise powers of, or for an owner, for the purposes of its purchase, sale, use, occupancy, or maintenance.
Person shall mean and include any individual, corporation, company, association, society, firm, partnership, and joint stock company, unless restricted by the context to an individual as distinguished from a corporate entity, or specifically restricted to one (1) or more of the above enumerated synonyms.
Plumbing fixtures shall mean and include all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
Rubbish shall mean and include all combustible and noncombustible waste material, except garbage.
Utilities shall mean and include electric, gas, heating, water, and sewage services, and equipment therefor.
[1972 Code § 15-3.1; Ord. No. 77-21 § I]
The Construction Official of the Borough is hereby designated and authorized to administer and enforce the provisions of this chapter.
[1972 Code § 15-3.2; Ord. No. 77-21 § II]
The Construction Official of the Borough or his duly authorized representatives, are hereby authorized and directed to make inspections of all buildings and structures and the common walkways, halls, garages, landscaped areas and lawns accessory thereto within the Borough. For the purpose of making inspections, the Construction Official or his duly authorized representatives may enter, inspect, examine and survey any building or structures, common walkways, halls, garages, landscaped areas and lawns at all reasonable times.
[1972 Code § 15-3.3]
The owner or lessor and occupant of any dwelling or dwelling unit contained in a dwelling shall give the officer or officers free access to the building and structures, common walkways, halls, garages, landscaped areas and lawns, at all reasonable times. The inspection shall be made as required to insure compliance with this chapter and all other ordinances of the Borough and any and all State statutes and to observe and inspect the compliance with any conditions or approval received from any board or authority of the Borough.
[1972 Code § 15-4.1]
All multi-family buildings or structures, common walkways, halls, garages, landscaped areas and lawns of premises which are or which contain any defects dangerous, harmful or detrimental to the life, safety, or health of the occupants of the premises or to the general public, shall constitute a nuisance.
[1972 Code § 15-4.2; Ord. No. 77-21 §§ III—IX, XV; Ord. No. 78-6 §§ I, II]
The owner or lessor of any multi-family building or structure, shall, with respect to general maintenance of a building and the ground surrounding the building:
Keep and maintain the exterior of the dwelling or building, including any masonry walls, clapboards, shingles, exterior studs, main cornices, foundation walls, wood sills, corner posts, wood plates, supporting rafters, roofing boards and covering, stoops, porches, flooring, railings, stair treads, risers, posts, hand rails, balustrades, frames, sills, stools, aprons, doors, door frames, fire escapes, and their flooring, railings, ladders, passageways, weights, chains, and stairs, and the joists and crossbeams of every dwelling or structure structurally sound.
Keep every dwelling or building and every part thereof, including heating plants, fixtures and equipment for heating water, including all chimneys and smoke pipes, doors, windows, foundations and rubbish containers in sound repair and in a clean, sanitary condition.
Maintain a dwelling or structure so that there shall not be excessive heat loss caused by lack of proper maintenance of the doors, windows, walls, roofs or other parts of the building.
Refrain from shutting off, or cause to have disconnected or discontinued, any utilities servicing any dwelling unit occupied in any multi-family dwelling or structure, except where interruption of utility service is necessary while in the actual process of making repairs, during temporary emergency for which repairs are being made.
Keep the basement, including all laundry rooms maintained therein, or cellar, dry and ventilated, and clean and free from any accumulation of filth, ashes, garbage, rubbish, refuse, junk, soil matter, wood, paper, and any other matters of a combustible and noncombustible or future putrefactive nature, and upon request therefor by the Construction Official or the Health Officer or either of their agents, shall clean and disinfect the same. The use of any cellar for sleeping purposes is prohibited.
Keep the porches, balconies, fire escapes, courts, yards, alleys, areaways and passageways, clean and free from filth, ashes, garbage, refuse, rubbish, junk, soil, water, slop, wood, paper, and all other materials of a combustible or noncombustible or putrefactive nature, and free from any and all fire accident hazards.
Contractor equipment (dumpster or containers) shall be maintained in good serviceable condition being cleaned and painted at regular intervals. Containers in sufficient numbers as designated by the Construction Official or authorized representatives, shall be placed at designated locations and returned thereto upon being emptied. It shall be the responsibility of the owners or lessors to insure the foregoing.
Maintain and keep all chimneys, smokestacks, smokepipes, and flues and all heating equipment of any dwelling, free from defect, and in such condition as to prevent coal or illuminating gas, soot, smoke or noxious fumes or odors from entering any dwelling or dwelling unit or habitable room contained therein or any dwelling or dwelling unit adjacent thereto.
Keep the roof, gutters, leaders, sidewalks, windows, window frames of any dwelling and every part thereof, structurally sound and free from leakage or rain water. All drainage from any dwelling shall be conveyed so as to prevent the flow of water upon the ground or onto property adjacent thereto.
Make, keep and maintain any dwelling and any dwelling unit contained therein or any habitable room contained therein, vermin and rodent-free and to exterminate the same to prevent infestation.
Provide in every room and hall in every dwelling or dwelling unit, a window or skylight, opening directly to the outer air. In the absence of natural ventilation, every such room contained in any such dwelling or dwelling unit shall be ventilated by mechanical means.
Furnish window screens, as a preventive against fly and mosquito and other insect infestation and keep the screening and panes in good serviceable condition.
Provide and maintain lawns, shrubbery and trees to reflect a high standard of care and maintenance. It shall be the responsibility of the owners or lessors to provide for competent personnel either through employment or contracted services to schedule regular cutting of lawns, trim shrubs and provide for the proper care and treatment of all times of landscaping. Dead, dying or damaged items of landscaping shall be removed or replaced to conform to landscape requirements set forth.
Replace dead and dying trees and shrubs by a quantity and quality on a unit to unit basis and remove all limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof. Trees and shrubs shall be kept pruned and trimmed to prevent such conditions.
Remove loose and overhanging objects and accumulations of ice and snow, which, by reason of location above ground level, constitute a danger of falling on persons in or about any portion of the premises surrounding multi-family dwellings.
Repair any holes, excavations, breaks or projections in or about the premises upon any walkway, sidewalk, curb, roadway or parking area, within forty-eight (48) hours after notification.
Clear any icy conditions brought about by inclement weather conditions. Where removal of ice is not possible, area is to be subjected to the application of salt, sand or grit to negate the hazard.
Accumulations of snow in excess of one (1) inch shall be removed from walkways, steps, platforms and sidewalks within twelve (12) hours of daylight after it has fallen.
Accumulations of snow in excess of three (3) inches shall be removed from roadways and parking areas, including driveway approaches, within twelve (12) hours of daylight after it has fallen.
Removal of accumulation will continue after snowfall and until the accumulation is properly removed.
Provide and maintain adequate runoff drains to eliminate any accumulation of storm water.
Maintain the exterior of the premises, and of any accessory structures, so that the appearance of all buildings shall reflect a high level of maintenance in keeping with the high residential standards of the neighborhood, so that the appearance of the premises and structure shall not constitute a blighting factor for the adjoining property owners nor an element leading to the progressive deterioration of the neighborhood.
Maintain all lawns, hedges, bushes and shrubs by mowing and trimming to avoid an overgrowth and unsightly appearance which may impair the high residential character of the neighborhood.
Maintain all signs, permitted by reason of other regulations, or as lawful nonconforming use, in good repair, and all printed matter, pictures and illustrations contained on any sign shall be completely maintained, and when any sign shall not longer be in use, that sign shall be completely removed.
Generally maintain the exterior of every structure or accessory structure, including any fences, in good repair, and all surfaces shall be kept properly painted or whitewashed where necessary for purposes of preservation and appearance. All structures or buildings shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved and all safety and fire hazards eliminated.
Maintain all exterior walls, roofs, windows, window frames, doors, door frames, foundations and other parts of any building or structure so as to prevent water from entering the structure to prevent drafts. Any damaged materials shall be repaired or replaced promptly. Any places or spots showing signs of rot, leakage, deterioration or corrosion, shall be restored and protected against weather and seepage.
Maintain the interior stairs in any structure in a structurally sound condition and free from defects. Handrailings and banisters shall be provided for all stairs, balconies, fire escapes and stairways and the handrails or banisters shall be securely attached and maintained free from any defect and shall be of sufficient height to guard against accidents and shall be appropriate for use by any persons of normal height utilizing any stairway, balcony or fire escape. All stairs shall be adequately lighted in all places.
Keep, provide and maintain building superintendents, janitors, laborers, caretakers and craftsmen in sufficient numbers and competence to satisfy the demands of general maintenance and repair of the premises and answer tenant complaints within a reasonable time.
Superintendents shall be regularly available to perform their assigned duties during the working day and to provide for adequate coverage of the premises at large on a twenty-four (24) hour a day basis. Superintendents shall be provided on a basis of one (1) per eighty (80) dwelling units. Janitors, laborers, caretakers and craftsmen shall be provided for either through employment, or contracted services as work load requires.
In addition to any requirements of the State of New Jersey "Truth in Renting Act," telephone numbers of assigned superintendents will be filed and registered with the Construction Official and Police Department, for official and emergency use only. The phone number of a superintendent shall not be made available or disclosed to the public unless an emergency condition exists and the Construction Official or Police Department is unable to make contact with the assigned superintendent via the twenty-four (24) hour a day telephone service as hereinafter provided.
Landlord is to keep an adequate telephone service available twenty-four (24) hours a day seven (7) days a week, for tenants to register requests or complaints relative to building maintenance and superintendent services. The telephone number is to be made readily available to all tenants.
Maintain the water system in good and operable condition at all times so that sufficient and positive pressure shall be available at all installed hot and cold water faucets and flush toilets maintained in every dwelling unit. For the benefit of a dwelling unit, water heating facilities which are properly installed and are properly connected to the hot water lines of every kitchen sink, lavatory basin, bathtub and shower and which shall be maintained in a safe working condition and capable of heating water at all times to such temperature as to permit an adequate amount of water to be drawn at every required fixture at a temperature of not less than one hundred twenty (120) degrees Fahrenheit.
Maintain any common laundry room, complete with tubs and all common cleaning facilities and receptacles for the disposal of all waste material. Any machines maintained in any common laundry room shall be kept in good working order.
Provide access at all times to all meter rooms for emergency purposes. Meter rooms where there are main disconnect switches for the purpose of disconnecting power shall not be used as storage rooms and shall be kept secure at all times by the locking of entry doors.
Heating plant rooms or spaces shall be kept free from dirt and accumulations of materials. Same shall not be used for storage and shall be secured by locking at all times.
It shall be the responsibility of the owners or lessors to prohibit parking within twenty (20) feet of fire hydrants. Roadway and curbs thereto shall be painted to designate no parking. Violators shall be notified in the form of warning notice, and vehicle subjected to towing at the owner's cost.
It shall be the responsibility of owners or lessors to prohibit parking upon interior access roadways in order to provide free passage of vehicular traffic at all times and more particularly to provide clear access to fire fighting and other emergency equipment. Owners or lessors shall properly post signs designating NO PARKING AT ANY TIME and to enforce after due notices are rendered to tenant violators, arrange to tow vehicles from the property at the cost of tenant.
Prohibit parking on any access roads so as to provide clear access to all buildings for emergency purposes.
It shall be the responsibility of the owners or lessors to provide for a designated superintendent to receive tenant complaints, and to maintain accurate and complete records of the complaint. Record shall indicate by date and time the nature of complaint and also the actions taken to alleviate the condition also by date and time of completed correction. The records shall be made available to the Construction Official or authorized representatives at all times, upon request.
It shall be the responsibility of the owners or lessors to insure that upon each new rental or movement of tenant that a new certificate of occupancy be arranged for. The Construction Official will physically inspect the dwelling unit to determine fitness of unit for rental and issue new certificate of occupancy upon request. It shall be the responsibility of the owner or lessor to arrange for free entry to the unit and collect the fee from the tenant for remittance to this office.
[1972 Code § 15-5.1]
Whenever the Construction Official or his duly authorized representative shall determine that a building or structure, or common walkway, hall, garage, landscaped area and lawn, or any other portion of the premises constitutes a nuisance or contains a defect or defects in violation of this chapter or violation of the condition of approval received from any board or agency of the Borough, the Construction Official shall give written notice thereof to the owner or lessor of the premises.
[1972 Code § 15-5.2; Ord. No. 77-21 § X]
A notice shall set forth the condition or conditions constituting a violation of the provisions of this chapter and shall also specify a reasonable time within which the owner or lessor, as the case may be, shall abate, correct or eliminate such nuisance, defect or violation of this chapter.
If the condition cannot be abated, corrected or eliminated within the time specified by the notice it shall be at the discretion of the Construction Official to extend the time period or assess a penalty for nonconformance.
Penalties so assessed by the Construction Official shall be not less than fifty ($50.00) dollars nor more than two hundred fifty ($250.00) dollars. Where the violation is of a continuing nature and remains unabated, each day shall constitute a separate and distinct violation, except during the time of appeal and hearing thereto. Failure to pay the assessed penalty after due notification shall result in a property lien being placed upon the properties in the dollar amount assessed and the Borough through resolution of the Mayor and Council may authorize the expenditure of municipal funds in a fixed amount to be used to correct, abate or repair any violation, and provide that the amount be charged forthwith as a lien upon the premises which shall be added to and become a part of taxes to be assessed and levied upon the premises. The amount shall bear interest at the same rate and shall be collected and forwarded to the same offices in the same manner as taxes.
If the condition is such that it cannot be abated, corrected or eliminated within the time specified by the notice, it shall be at the discretion of the Construction Official to extend the time period or issue a complaint or summons before the Court, citing the condition and failure to comply with an order.
The failure to comply with the order of the Construction Official shall constitute a violation of this section and subject the landlord or lessor, upon conviction, to the penalties stated in Chapter I, Section 1-5.
[1972 Code § 15-5.3]
A notice shall be served personally upon, or by certified mail directed to, the owner, the lessor, or the agent in charge of the premises residing in the Borough, to the last known address of the owner, lessor or agent. Where the owner, lessor or agent cannot be found at the premises, the posting of the notice upon the premises in a conspicuous place shall constitute the sufficient notice to the owner, lessor or agent.
[1972 Code § 15-5.5; Ord. No. 77-21 § XII]
Any person ordered or directed by the Construction Official to alter, correct or eliminate a violation of this chapter or assessed a penalty by the Construction Official shall be entitled to a hearing upon a review of an order or direction by the Mayor and Municipal Council, provided application for a hearing shall be submitted to the Mayor and Municipal Council in writing within three (3) days after receipt of our posting of such notice by the Construction Official or the assessment of a penalty. At the conclusion of the hearing the Mayor and Municipal Council shall:
[1972 Code § 15-6.1]
All parts of the premises under the actual control of the occupant shall be kept in a clean and sanitary condition and the occupants shall refrain from performing any acts which would render other parts of the premises unclean or unsanitary or which would cause the violation of the terms and provisions of this chapter or which would obstruct the owner or lessor from performing a duty required hereunder or maintaining the premises free from any violations of the terms of this chapter.
[1972 Code § 15-6.2]
All occupants shall place all garbage in receptacles provided for garbage disposal. Garbage and refuse shall not be thrown out of the windows nor shall garbage and refuse be set out on the stairways or in the common halls. All occupants shall keep all stairways, areaways and common hallways free of accumulation of personal belongings and all storage areas assigned to any occupant shall be kept free of accumulation of garbage and refuse and flammable materials.
[1972 Code § 15-6.3]
Every occupant of every dwelling unit shall be responsible for maintaining a dwelling unit free from vermin and shall be responsible for eliminating all conditions causing infestation which are caused by the occupant.
[1972 Code § 15-6.4]
Every occupant shall keep all plumbing fixtures used by him in a clean and sanitary condition and he shall not deposit any material in any fixture or sewer system which would result in the stoppage of or damage to the fixture or sewer system.
[1972 Code § 15-6.5]
Every occupant shall keep the laundry area free from accumulation of garbage and shall dispose of all dirt from washers and dryers after using them, in the proper receptacles, which have been provided by the owners.
[1972 Code § 15-6.6]
Any adult member of the family occupying a dwelling unit shall be responsible and liable for any violation of this chapter caused by minors who are under their care or custody and occupying the same dwelling unit.
[1972 Code § 15-6.7]
No tenant or occupant shall cook on porches or balconies with charcoal or propane gas grills or any open flame device.
[1972 Code § 15-6.8]
The provisions of N.J.S.A. 2A:42-74 through 94 pertaining to substandard multiple dwelling units, receivership thereof and rent controls are hereby adopted by reference and made a part of this chapter.
[Ord. No. 77-21 § XIV]
Any act upon the part of a tenant leading and lending themselves to rendering the premises unclean or unsanitary, shall be deemed as constituting a nuisance in that their actions are dangerous, harmful or detrimental to the life, safety and health of the occupants of the premises or to the general public.
After investigation by the Construction Official wherein he does determine a nuisance does in fact exist he shall issue warning notice to that effect. Upon evidence that the nuisance has not been abated, corrected or eliminated within a reasonable time as so specified in the notice he shall issue a complaint before the Court. Violators shall be subject to same conditions and penalty as that imposed upon the owners or lessor of the premises, and shall be continued upon a day to day basis for each day the condition continues to occur.
[Ord. No. 77-21 § XIV]
It shall be the responsibility of tenants who are in fact maintaining animals within the premises to exercise to the fullest extent proper care and maintenance of the animals, thereby safeguarding the general public. Animals are to be confined within the dwelling unit proper and not permitted to be confined by tying or other means in hallways, common walkways, patios or porches.
It shall be the responsibility of the tenant to clear the grounds of pet excretions as a safeguard to the health and welfare of the general public.
Dogs or other animals running at large are prohibited. Walking of dogs shall be accomplished only when properly leashed and accompanied by a responsible member of the individual household.