[1979 Code § 27-1.1; Ord. No. 23-40 § 1]
It is hereby found and declared that there exists in the City,
premises which are, or may become, unfit for human habitation or occupancy
or use, due to dilapidation, defects increasing the hazards of fire,
accidents or other calamities, lack of ventilation, light or sanitation
facilities, or due to other conditions rendering such premises or
part thereof, unsafe or unsanitary, or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the City and persons upon or having access to the premises. It
is further found and declared that by reason of lack of maintenance
and progressive deterioration, the condition of certain premises has
the further effect of creating blighting conditions, and that if the
same are not curtailed and removed, the aforesaid conditions will
grow and spread and will necessitate in time the expenditure of large
amounts of public funds to correct and eliminate the same. By reason
of timely regulations and restrictions as herein contained, deterioration
may be prevented with neighborhood and property values thereby maintained.
The desirability and amenities of premises and neighborhoods may be
enhanced and the public health, safety and welfare protected and fostered.
[1979 Code § 27-1.2; Ord. No. 23-40 § 2]
The purpose of this Code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance,
appearance and condition of premises situated in the City, used or
intended to be used or designed to be used, in whole or in part, for
commercial, business, industrial or any other nonresidential occupancy;
to establish minimum standards governing utilities, facilities and
other physical components and conditions essential to make such premises
fit for human habitation, occupancy and use; to fix certain responsibilities
and duties upon owners, occupants, operators or other parties in interest,
and distinct and separate responsibilities and duties upon occupants;
to prevent blighting conditions and deterioration of property values;
to authorize and establish procedures for the inspection of such premises;
to fix penalties for the violation of this Code; to provide for the
right of access across adjoining premises to permit repairs; and to
provide for the repair, demolition or vacation of premises unfit for
human habitation or occupancy or use. This Code is hereby declared
to be remedial and essential for the public interest and it is intended
that this Code be liberally construed to effectuate the purpose as
stated herein.
[1979 Code § 27-1.3a; Ord. No.
23-40 § 3]
Each and every building and the premises on which it is situated
in the City, used or intended to be used or designed to be used, in
whole or in part, for commercial, business, industrial or any other
nonresidential occupancy shall comply with the provisions of this
Code, whether or not any such building shall have been constructed,
altered or repaired before or after the enactment of this Code, and
regardless of any permits or licenses which shall have been issued
for the use or occupancy of any such building or premises for the
construction, alteration or repair of any such building or for the
installation or repair of equipment or facilities therein or thereon
prior to the effective date of this Code. This Code establishes minimum
standards for the initial and continued occupancy and use of all such
buildings and premises and does not replace, modify or lessen standards
otherwise established for the construction, repair, alteration or
use of such buildings and premises, equipment or facilities contained
therein or thereon, except as provided herein. Where there is mix
occupancy of such buildings and premises, the residential and nonresidential
uses thereof shall be regulated by and be subject to the applicable
provisions of this Code.
[1979 Code § 27-1.3b; Ord. No.
23-40 § 3]
In any case where the provisions of this Code impose a higher
standard than that set forth in any other ordinance of the City or
laws of the State of New Jersey applicable thereto; then the higher
standard contained in such other ordinance or law shall prevail.
[1979 Code § 27-1.3c; Ord. No.
23-40 § 3]
After the date of enactment hereof, all licenses and permits
relating to such buildings and premises which may be issued or renewed
pursuant to any other ordinances of the City, may be issued or renewed
only upon compliance with this Code as well as compliance with the
ordinances under which such licenses and permits may be granted or
renewed.
[1979 Code § 27-1.3c; Ord. No.
23-40 § 3]
Compliance with this Code shall not constitute a defense against
the violation of any provisions of any other regulation of the City
applicable to any building or premises, nor shall compliance with
any provision of this Code relieve any owner, operator or occupant
from complying with any such other provision, nor relieve any official
of the City from enforcing any such other provision.
[1979 Code § 27-1.4a; Ord. No.
23-40 § 4]
Owners and operators shall have all the duties and responsibilities
promulgated herein. No owner or operator shall be relieved from such
duties or responsibilities nor be entitled to defend against any charge
of violation thereof by reason of the fact that the other of them
or the occupant is also responsible therefor and in violation thereof.
[1979 Code § 27-1.4b; Ord. No.
23-40 § 4]
Occupants shall have all the duties and responsibilities as
prescribed herein; and the occupant shall not be relieved of any such
duties or responsibilities nor be entitled to defend against any charge
of violation thereof by reason of the fact that the owner or operator
or both is or are also responsible therefor, and in violation thereof.
[Ord. No. 54-28]
It shall be unlawful for any person or entity to allow dumping,
depositing or storage of snow, ice and construction debris, but not
limited to snow, ice, gravel, fill, top soil, etc.
[1979 Code § 27-1.5a; Ord. No.
23-40 § 5; Ord. No. 23-63 § 1]
The provisions of this subsection shall constitute the standards
to guide the Public Officer and his agents in determining the fitness
of premises for human habitation, use and occupancy; and in determining
whether premises are being maintained in such condition as to not
constitute a blighting effect upon neighboring properties nor an element
leading to a progressive deterioration and downgrading of neighboring
properties with an accompanying diminution of property values.
[1979 Code § 27-1.5b; Ord. No.
23-40 § 5; Ord. No. 23-63 § 1]
The words, terms or phrases listed below, for the purposes of
this Code, are hereby defined and shall be interpreted as follows:
Shall mean any enclosed space which contains one (1) or more
of the following, i.e., bathtub, shower, water closet, lavatory, water
closet compartment, washbowl, sink or fixtures serving similar purposes.
Shall mean any building or structure, or part thereof whether
used for human habitation or otherwise, and includes any outbuildings
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, neglect, lack of maintenance or excessive
wear.
Shall mean falling out of repair or decayed.
Shall mean any premises, or part thereof, which may be lawfully
viewed by the public, or any member thereof, from a sidewalk, street,
alleyway, parking lot or from any adjoining or neighborhood premises.
Shall mean: (a) any part of the premises not occupied by
any building thereon; (b) any open space on the outside of the building,
up to and including sidewalk, curb and gutter; or (c) any part of
the building which is exposed to the elements.
Shall mean the control and elimination of insects, rodents
and vermin by eliminating their harborage places; or by removing or
making inaccessible material that may serve as their food; or by poisoning,
spraying, fumigating, trapping or any other approved means of pest
elimination.
Shall mean the animal and vegetable and any other organic
waste resulting from the handling, preparation, cooking and consumption
of food or other products.
Shall man the presence, on or within a premises, of any insects,
rodents or other pests.
Shall mean any building containing one (1) or more dwelling
units, rooming units or hotel or motel accommodations and also having
a portion thereof devoted to nonresidential uses.
Shall mean:
Any public nuisance known at public law or in law or equity
jurisprudence, or as provided by the statutes of the State of New
Jersey, or the ordinances of the City.
Any inadequately protected well, shaft, basement, excavation,
abandoned or non-driveable motor vehicle or equipment, structurally
unsound fence or building, lumber, trash, debris or vegetation such
as poison ivy, oak or sumac, or other condition which is or may be
detrimental to the safety or health of persons.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Shall mean any room or group of rooms or part thereof forming
a single usable unit (used or intended to be used, or designed to
be used, for nonresidential purposes) and located within a building
used or intended to be used or designed to be used, in whole or in
part, for commercial business, industrial or any other nonresidential
occupancy.
Shall mean any person or persons, including the owner, in
actual possession of, and using an entire building or an occupancy
unit in a building.
Shall mean any person who has charge, care or control of
a premises, or part thereof, whether with or without the knowledge
and consent of the owner.
Shall mean the holder or holders of the title to premises
in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possessions thereof.
Shall be given the same meaning as defined in New Jersey
Statutes Annotated 1:1-2.
Shall mean a lot, plot or parcel of land and any buildings
up to and including sidewalks, curb and gutter and any buildings located
thereon.
Shall mean the person or persons who are authorized by this
section to exercise powers prescribed by this Code.
Shall mean all putrescible and non-putrescible solid wastes
(except body wastes) including but not limited to: garbage, rubbish,
ashes, street cleaning, dead animals, abandoned automobiles and solid
market and industrial wastes.
Shall mean and include all combustible and noncombustible
waste material, except garbage.
Shall mean an assembly of materials forming construction
including, but not limited to, buildings, stadiums, gospel and circus
tents, reviewing stands, platforms, staging, observation towers, radio
towers, water tanks, trestles, open sheds, bins, shelters, fences
and display racks and signs.
Shall mean the property of admitting the passage of light
but diffusing it so that objects beyond it cannot be clearly distinguished.
Shall mean an enclosure containing a single water closet.
Shall mean deterioration, decay or damage caused by exposure
to the elements.
Shall mean an opening in the wall or roof of a building for
the admission of light which opening may be closed to the elements
by casements or sashes containing glass or other transparent material.
Shall mean that area of a building in proximity to the inner
surface of a window which is designed or used for the viewing of the
interior and the display of items representative of any goods or services
pertaining to the business therein.
[1979 Code § 27-16; Ord. No. 23-40 § 6; Ord. No. 26-69 § 1; Ord. No. 27-10 § 1;
New]
a.
The premises shall be kept free of litter (including without limiting
the generality of the foregoing, discarded, windblown, deposited,
dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes
and broken glass) which shall include the regular daily sweeping of
the sidewalks adjoining such premises and the disposal of same in
accordance with the provisions of municipal ordinances governing same.
Under no circumstances shall any such refuse or litter be swept into
the street or curb area, or any other similar place. The premises
shall further be kept free of all nuisances and hazards to the safety
of tenants, occupants, pedestrians and other persons, having access
to the premises, and free of unsanitary conditions; and any of the
foregoing shall be promptly removed and abated: the word "hazards"
shall include, but is not limited to the following:
1.
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, rubbish, refuse and debris of any description.
2.
Natural Growth. Dead and dying trees and other natural growth which,
by reason of rotting or deteriorating conditions or storm damage,
are or may be dangerous to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions. Weeds
and grass shall not be allowed to exceed five (5) inches in height.
3.
Overhanging. Loose, overhanging and projecting objects and accumulations
of ice and snow which by reason of location above ground level constitute
dangers to persons in the vicinity thereof.
4.
Ground Surface and Unsanitary Conditions. Holes, excavations, breaks,
projections, obstructions and excretion of pets or other animals on
paths, sidewalks, walks, driveways, parking lots and parking areas,
and other parts of the exterior of the premise which are accessible
to and use by persons having access to such premises.
5.
Recurring Accumulation of Storm Water. Adequate run-off drains shall
be provided and maintained. Storm water shall be deposited underground
to curb or as approved by the City Engineering Department.
6.
Sources of Infestation.
7.
Foundation Walls. Foundation walls shall be kept structurally sound,
free from defects and damage, and capable of bearing imposed loads
safely.
8.
Chimneys and Flue and Vent Attachments Thereto. Chimneys and flue
and vent attachments thereto shall be maintained structurally sound,
free from defects and so maintained as to capably perform at all times
the functions for which they were designed and constructed. Chimneys,
flues, gas vents and other draft producing equipment shall provide
sufficient draft to develop the rated output of the connected equipment,
shall be structurally safe, durable, smoke tight and capable of withstanding
the action of flue gases.
9.
Exterior Porches, Landings, Balconies, Stairs and Fire Escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with bannisters or railings properly designed and maintained structurally
sound, in good repair, well painted or otherwise provided with a protective
treatment to prevent deterioration, and free from defects.
10.
Abandoned or Otherwise Inoperable Motor Vehicles.
b.
Any private public parking lot of over twenty-five (25) parking spaces
shall be provided with litter baskets of a type to be approved by
the public officer. Such litter baskets shall be adequately affixed
to the ground. There shall be one (1) such litter basket for each
twenty-five (25) parking spaces. Such litter baskets shall be emptied
daily and shall be kept in a good state of repair.
c.
For the purposes of this section, the Police Department shall enjoy
concurrent jurisdiction and shall be empowered to issue summonses
for any and all violations hereof.
[1979 Code § 27-1.7; Ord. No. 23-40 § 7]
The exterior of the premises shall be maintained so that the
appearance thereof shall reflect a level of maintenance in keeping
with the standards of the neighborhood or such higher standards of
the neighborhood or such higher standards as may be adopted by the
City, and such that the appearance thereof shall not constitute a
blighting effect upon neighboring properties nor an element leading
to a progressive deterioration and downgrading of neighboring properties
with an accompanying diminution of property values including the following:
a.
Landscaping. Where exposed to public view, the landscaping of premises
shall be maintained in an orderly state with lawns and bushes trimmed
and free from becoming overgrown, littered and unsightly where such
would constitute a blighting effect, depreciating adjoining and nearby
property. Open areas shall be graded evenly to eliminate holes, depressions,
gullies, mounds, accumulations of debris or other unsightly or unsafe
conditions.
b.
Signs and Billboards. All permanent signs and billboards exposed
to public view permitted by the zoning regulations and regulated by
the building code or other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any sign or billboard which
has weathered excessively or faded or the paint on which has excessively
peeled or cracked shall, with the supporting members, be removed forthwith
or put into a state of good repair. All non operative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
c.
Windows and Window Display Areas. All windows exposed to public view
shall be kept clean and free of marks and foreign substances. Except
when necessary in the course of changing displays, no storage of materials,
stock or inventory shall be permitted in window display areas ordinarily
exposed to public view unless such areas are first screened by drapes,
venetian blinds or other means of making the windows translucent.
All screening of interiors shall be maintained in a clean and attractive
manner and in a good state of repair.
d.
Repair and Painting of Exterior of Buildings. All store fronts and
the exterior of all buildings shall be kept in good repair, painted
where required or otherwise provided with protective treatment sufficient
to prevent deterioration and shall not constitute a safety hazard
or nuisance.
e.
Awnings and Marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
be so maintained as to not constitute a nuisance or safety hazard.
In the event any such awning or marquee is not properly maintained
in accordance with the foregoing, it shall, together with its supporting
members, be removed forthwith. In the event any such awning or marquee
is made of cloth, plastic, or of similar materials, the materials,
where exposed to public view, shall be maintained in good condition
and shall not show evidence of excessive weathering, discoloration,
ripping, tearing or other deterioration. Nothing herein shall be construed
to authorize any encroachment of an awning, marquee or its accompanying
structural members on streets, sidewalks or other parts of the public
domain.
f.
Scaffolding. No temporary painting scaffold or other temporary equipment
used for construction, repair or maintenance shall be permitted to
remain in place beyond a period of six (6) months after erection or
placement thereof without permission of the public officer.
g.
Fences. Barbed wire fences may only be used for the purpose of protecting
the area enclosed, and in the event of use of such fencing, the lowest
point of the barbed wiring thereof must be at least six (6) feet from
the ground level.
In the event any fence is broken down or becomes so deteriorated
as to be classified as dilapidated, then and in that event the failure
to comply with a directive to repair or replace such fence shall be
considered as a violation of this section.
Where by reason of the maintenance of property or the use thereof,
the same becomes unaesthetically acceptable, then and in that event
and in the discretion of the Public Officer he shall have the authority
to order the premises to be fenced for the purpose of screening the
area from public view.
[1979 Code § 27-1.8; Ord. No. 2 3-40 § 8]
The exterior of every building shall be maintained in good repair
and all exterior surfaces thereof shall be kept painted or otherwise
provided with a protective treatment where necessary for purposes
of preservation and appearance. All exterior surfaces thereof shall
be maintained free from broken glass, loose shingles or siding, crumbling
masonry, excessively peeling paint or other condition reflective of
deterioration or inadequate maintenance to the end that the building
itself may be preserved, safety and fire hazards eliminated, and adjoining
properties and the neighborhood protected from blighting influences.
[1979 Code § 27-1.9; Ord. No. 23-40 § 9]
a.
Floors shall be maintained in a structurally sound condition capable
of safely bearing imposed loads and shall be maintained at all times
in a condition as to be free of hazards.
b.
Bathroom and water closet compartment floors shall be surfaced with
water resistant material and shall be kept in a dry, clean and sanitary
condition at all times.
c.
All portions of any structure shall be kept structurally sound, free
from deterioration and capable of safely bearing imposed loads.
d.
In buildings containing not more than four (4) occupancy units, it
shall be the responsibility of each of the occupants and, in buildings
containing more than four (4) occupancy units, it shall be the responsibility
of the owner and operator to furnish such receptacles as are needed
for the proper storage of garbage and rubbish until removal thereof
and to provide for the periodic removal of all garbage and rubbish
from the premises in accordance with the regulations and ordinances
of the City.
e.
Storage bins, rooms and areas shall not be used for the storage of
accumulated garbage and rubbish unless:
1.
Such garbage is stored in watertight receptacles of metal or other
material approved by the public officer with tight fitting covers;
2.
Such rubbish is stored in watertight receptacles of metal or other
material approved by the public officer and provided with tight fitting
covers;
3.
Such storage bins, rooms and areas are of smooth, easily cleanable
construction and are kept in a sanitary condition;
4.
Such areas, if located outside of a building, and visible from any
public walk, street or public parking area, are shielded by a method
approved by the Public Officer and constructed in compliance with
the applicable provisions of the building code of the City;
5.
Such other area is of fireproof construction.
f.
Rubbish and garbage shall be placed or kept on the property within
the building located thereon or not nearer to the street line than
the building line or nearer to the street line than the face of the
building, whichever distance from the street line is the greater,
except during any "clean-up week" proclaimed by the City Council.
g.
Inflammable or combustible liquids or other materials shall not be
stored on the premises unless they are of a type approved for storage
by regulation of the Fire Department and then only in such quantities
and in such fireproof storage containers as may be prescribed by applicable
Fire Department regulations.
h.
Every occupant of a single occupancy unit in a building comprising
a single occupancy unit shall be responsible for the extermination
of any insects, rodents or other pests therein or on the premises;
and each occupant of an occupancy unit in any building which has more
than one (1) occupancy unit shall be responsible for such extermination
whenever his occupancy unit is the only one infested. Notwithstanding
the foregoing provision, whenever infestation is caused by failure
of the owner or operator to maintain any such building in a reasonably
pest-proof condition, extermination shall be the responsibility of
the owner and operator. Whenever infestation exists in two (2) or
more of the occupancy units in any building or in the common parts
of any building containing two (2) or more occupancy units, extermination
thereof shall be the responsibility of the owner and operator.
[1979 Code § 27-1.10; Ord. No.
23-40 § 10]
a.
Every building shall be provided with electric service where required,
in accordance with the standards of the State Uniform Construction
Code.
b.
Every bathroom and water closet compartment shall be provided with
permanently installed and operating artificial lighting fixtures with
switches and wall plates so located and maintained that there is no
danger of electrical shock from a simultaneous contact with a water
supply fixture.
c.
Maximum fuse sizes as specified by the State Uniform Construction
Code, shall be posted conspicuously on the inside cover of all fuse
boxes and no fuse shall be installed therein in excess of the state
maximum. Owners and operators shall not be held responsible for violation
in fuse sizes where the correct maximum size is stated and the fuse
box is located within any part of the building which is the exclusive
possession of an occupant or occupants other than the owner.
[1979 Code § 27-1.11a; Ord. No.
23-40 § 11]
Upon discovery by an occupant of any condition on the premises
which constitutes a violation of this Code, the occupant shall report
the same to the Public Officer responsible for enforcement of this
Code.
[1979 Code § 27-1.11b; Ord. No.
23-40 § 11]
All parts of the premises under the control of an occupant shall
be kept in a clean, sanitary and safe condition by the occupant, and
the occupant shall refrain from performing any acts which would render
other parts of the premises unclean, unsanitary or unsafe, or which
would prevent the owner or operator from performing any duty required
hereunder.
[1979 Code § 27-1.12a; Ord. No.
23-40 § 12; New]
The Public Officer shall be synonymous with the Zoning Officer
of the City of Linden.
[1979 Code § 27-1.12b; Ord. No.
23-40 § 12]
All premises within the City covered by this Code shall be subject
to inspection by the Public Officer to determine the condition thereof
in order that he may perform his duty of safeguarding the health and
safety of the persons occupying the same and of the general public.
For the purpose of making such inspections, the Public Officer is
hereby authorized to enter, examine and survey at all reasonable times
all such premises; provided, however, that such entries are made in
such manner as to cause the least possible inconvenience to the person
in possession. The owner, operator and persons occupying the same
shall give the Public Officer free access to the same at all reasonable
times for the purpose of such inspection. Every person occupying such
premises shall give the owner and operator thereof access to that
portion of the premises occupied by or in the possession of such person
at all reasonable times for the purpose of making such repairs, alteration
or corrections as are necessary to effect compliance with the provisions
of this Code or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this Code.
[1979 Code § 27-1.12c; Ord. No.
23-40 § 12]
For the purposes of this Code, the Public Officer may determine
that a building is unfit for human habitation, use or occupancy if
he finds that conditions exist in such building which are dangerous
or injurious to the health or safety of persons occupying or using
the same or neighboring buildings or to other residents of the City.
Such conditions may include the following (without limiting the generality
of the foregoing): including the hazards of fire; accident or other
calamities; dilapidation and deterioration.
[1979 Code § 27-1.12d; Ord. No.
23-40 § 12]
Whenever a petition is filed with the Public Officer by a public
authority (as defined in New Jersey Statutes Annotated 40:48-2.4)
or by at least five (5) residents of the City charging that any building
is unfit for human habitation or occupancy or use, or whenever it
appears to the Public Officer (on his own motion) that any building
is unfit for human habitation or occupancy or use, the Public Officer
shall, if his preliminary investigation discloses a basis for such
charges, issue and cause to be served upon the owner of and parties
in interest in such building, a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Public Officer (or his designated agent) at a place therein fixed
not less than ten (10) days nor more than thirty (30) days after the
serving of the complaint; and that the owner and parties in interest
shall be given the right to file an answer to the complaint and to
appear in person or otherwise, and give testimony at the place and
time fixed in the complaint; and that the rules of evidence prevailing
in the courts of the State of New Jersey shall not be controlling
in hearings before the Public Officer.
[1979 Code § 27-1.12e; Ord. No.
23-40 § 12]
If, after the notice and hearing provided for in subsection 12-10.4, the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
a.
The repair, alteration or improvement of the building to be made
by the owner within a reasonable time, which time shall be set forth
in the order at the option of the owner to vacate or to have the building
vacated and closed within the time set forth in the order.
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, that the owner remove or demolish the building within
a reasonable time as specified in the order of removal.
[1979 Code § 27-1.12f; Ord. No.
23-40 § 12]
If the owner fails to comply with an order requiring him to
repair, alter or improve or, at his option, to vacate and close the
building, the Public Officer may cause such building to be repaired,
altered or improved, or to be vacated and closed; and may cause to
be posted on the main entrance of any building so closed, a placard
with the following words: "This building is unfit for human habitation
or occupancy or use; the use or occupation of this building is prohibited
and unlawful."
[1979 Code § 27-1.12g; Ord. No.
23-40 § 12]
If the owner fails to comply with an order to remove or demolish
the building, the Public Officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
[1979 Code § 27-1.12h; Ord. No.
23-40 § 12]
The amount of:
a.
The cost of the filing of legal papers, expert witnesses' fees,
search fees and advertising charges, incurred in the course of any
proceeding taken under this Code determined in favor of the City.
b.
The cost of any such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, undertaken pursuant to Section 12-10 and subsection 12-10.7 hereof, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred.
|
If the building is removed or demolished by the Public Officer,
he shall sell the materials of such building. There shall be credited
against the cost of the removal or demolition thereof, the proceeds
of any sale of such materials or any sum derived from any contract
for the removal or demolition of the building. If there are no such
credits or if the sum total of such costs exceeds the total of such
credits, a detailed statement (herein called the municipal lien certificate)
of the aforesaid costs and the amount so due, shall be filed by the
Public Officer with the Municipal Tax Assessor of the City and a copy
thereof shall be forthwith forwarded by the Public Officer to the
owner by registered mail. If the total of the credits exceed such
costs, the balance remaining shall be deposited with the Clerk of
the Superior Court by the Public Officer, shall be secured in such
manner as may be directed by such court and shall be disbursed according
to the order of judgment of the court to the persons found to be entitled
thereto by final order of judgment of such court; provided, however,
that nothing contained in this Code shall be construed to limit or
impair in any way the power of the City to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise. Any owner or party in interest may, within sixty (60) days
from the date of the filing of the municipal lien certificate, proceed
in a summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
|
[1979 Code § 27-1.12i; Ord. No.
23-40 § 12]
a.
Who May Apply. Where any owner, operator or occupant is required
to make repairs or otherwise improve his property and is unable to
comply with this Code without having a right of access to the premises
through or across adjoining premises not owned by him or under his
control, and where right to access has been refused, such owner, operator
or occupant required to make such repair, or where the owner or person
empowered to grant such access cannot be found or located, then upon
the filing of an affidavit by such owner, operator or occupant with
the Police Officer, setting forth the facts and applying for a certificate
of necessity, the Public Officer shall serve written notice of the
hearing on the application upon the applicant for such certificate
and upon the owner or person empowered to grant such access. The notice
of hearing shall state the matters to be considered at the hearing
and shall be served in the manner prescribed for the service of complaints
and orders by New Jersey Statutes Annotated 40:48.2.7, except that
the Public Officer shall not be required to record or lodge a copy
of such notice with the County Recording Officer of the County of
Union. At least ten (10) days notice of such hearing shall be given
where the address of the owner or person empowered to grant such access
is known. If such address is unknown or cannot be ascertained by the
Public Officer in the exercise of reasonable diligence, at least thirty
(30) days notice thereof shall be given, calculated from the date
of the first newspaper publication thereof.
b.
Hearing. On the day fixed for hearing, the Public Officer shall provide
opportunity for the owner or person empowered to grant such access
to state why such access should not be granted.
c.
Issuance of Certificate Conditions. If the Public Officer determines
that such access is necessary to accomplish or complete repairs or
improvements necessary for compliance with this Code, then the Public
Officer shall issue a certificate of necessity granting and ordering
access and setting forth therein the person or persons to whom the
certificate shall apply, such conditions as shall be necessary to
protect adjoining property, reasonable time limits during which such
certificate shall operate, precautions to be taken to avoid damage
and, where the Public Officer deems proper, that a bond be procured
at the expense of the person seeking such access to secure such adjoining
property owner against damage to persons or property arising out of
such right of access. The amount set forth for the bond shall take
into consideration the extent, nature and duration of the repair and
improvements, the proximity thereof to the premises over which access
has been sought and the potential risk of damage thereto. The bond,
if required, shall be filed with the Public Officer.
d.
Refusal to Comply with Certificate. Any refusal to comply with a
certificate issued hereunder, or any interference with the purpose
for which a certificate is issued, shall be a violation of this Code,
and in addition, to the penalties provided hereunder, the Public Officer
may upon affidavit, setting forth the facts, apply to the Judge of
the City of Linden, or the Superior Court of New Jersey, for a warrant
authorizing access and, if the Judge is satisfied as to the matters
set forth in the affidavit, he shall authorize the issuance of a warrant
permitting access.
[1979 Code § 27-1.12j; Ord. No.
23-40 § 12]
Complaints, orders and certificate of necessity issued by the
Public Officer pursuant to this Code shall be served and recorded
or lodged for record in the manner prescribed in New Jersey Statutes
Annotated 40:48.2.7. The public officer in hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry
out the purposes and provisions of this Code, including but not limited
to the following, in addition to others herein granted: (a) to administer
oaths, affirmations, examine witnesses and receive evidence; and (b)
to make and adopt such written rules and regulations as he may deem
necessary and the City Council approves by resolution, for the proper
enforcement of the provisions of this Code; provided, however, that
such rules and regulations shall not be in conflict with the provisions
of this Code, nor in anywise alter, amend, add to or supersede any
of the provisions hereof. The Public Officer shall file a certified
copy of all such rules and regulations in his office and in the office
of the City Clerk.
[1979 Code § 27-1.12k; Ord. No.
23-40 § 12]
The public officer shall submit to the City Council each year,
an annual report of his activities during the preceding calendar year,
which report shall include such recommendations as he may have with
reference to proposed amendments to this Code.
[1979 Code § 27-1.13; Ord. No.
23-40 § 13]
Notwithstanding anything contained in this chapter, the provisions
thereof shall not apply to any land located in an industrial zone
and existing in its natural state.
[1979 Code § 27-1.14; Ord. No.
23-40 § 14]
The service of orders for the correction of violations of this
Code shall be made upon the owner, occupant or other persons responsible
for the conditions, either by delivering a copy of same to such person,
or by delivering the same to and leaving it with any person in charge
of the premises, or by sending it by mail to the owner, occupant,
operator or other parties in interest.
[Ord. No. 61-58]
a.
Before any real property for any use may be transferred, it shall
be necessary for the owner to procure a Municipal Continued Certificate
of Occupancy from the zoning official or designated representative.
This certificate shall not be issued unless the real property conforms
to all requirements of the National, State, County and Local Codes
and of this chapter. The fee for the Municipal Continued Certificate
of Occupancy is set in accordance with paragraph c of this subsection.
b.
Commercial Municipal Continued Certificate of Occupancy.
1.
It shall be unlawful for any owner to use or permit the use of any
real property or part thereof, hereafter erected, altered, converted
or enlarged, wholly or in part, until a Municipal Continued Certificate
of Occupancy, applied for at the time of application for a real property
permit, shall have been issued by the Zoning Official or his designee.
Such Certificate shall show that such real property, or part of a
real property, and the proposed use thereof, conforms to the requirements
of this subsection. It shall be the duty of the Zoning Official or
his designee to issue a Municipal Continued Certificate of Occupancy
only when he is satisfied that the real property, or part of a real
property, and the proposed use thereof so conform.
2.
Should the Zoning Official or his designee decline to issue a Municipal
Continued Certificate of Occupancy, his reasons for doing so shall
be so stated on one (1) copy of the application and that copy returned
to the applicant.
3.
Upon written request from an owner or tenant, the Zoning Official
or his designee shall issue a Municipal Continued Certificate of Occupancy
for any real property or use of land existing at the time of enactment
of this subsection certifying, after inspection, the extent and kind
of use made of the real property and whether such use conforms to
the provisions of this subsection. Such certificate shall be issued
without charge within six (6) months of the enactment of this subsection
for any nonconforming use of real property.
4.
The Zoning Official or his designee may issue a temporary Municipal
Continued Certificate of Occupancy, for a use of land or a real property
which is related to the development of a permitted use of property.
Such permits may be issued for a period of six (6) months and no more
than one (1) six (6) month extension may be granted.
c.
d.
Penalties for Violations.
Any person who violates, disobeys, omits, neglects or refuses
to comply with, or who resists the enforcement of the provisions of
this subsection or any order, decision or determination by the Board
of Adjustment or the Planning Board, shall be deemed guilty and upon
conviction thereof, shall for each and every violation and for each
and every day such violation continues, be subject to a fine of not
less than one hundred ($100.00) dollars nor more than one thousand
($1,000.00) dollars.
[1979 Code § 27-1.15; Ord. No.
23-40 § 15; New]
Any person who shall violate any of the provisions of this Code
shall, upon conviction, be fined one thousand ($1,000.00) dollars
fined per week if violation is allowed to go unabated, or be punished
by a fine not to exceed five hundred ($500.00) dollars or by imprisonment
in the County jail for a period of not to exceed ninety (90) days
or both such fine and imprisonment in the discretion of the Judge
of the Municipal Court.
