[1982 Code § 172-1]
The purpose of this section is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises; to establish minimum standards governing facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners, operators and occupants; and to fix penalties for the violation of this section. This section is hereby declared to be remedial and essential for the public interest, and it is intended that this section be liberally construed to effectuate the purposes stated herein.
[1982 Code § 172-2]
As used in this section:
- EXTERIOR OF PREMISES
- Shall mean those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto, and the open land space of any premises outside of any building or structure erected thereon.
- Shall mean any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling, premises or rooming unit, or any person or entity in possession of or using any premises or part thereof, whether or not the owner thereof and regardless of the duration of time of such possession, use or occupancy.
- Shall mean any person, persons or entity not the owner, who has charge, care or control of a dwelling or premises or part thereof, with or without the knowledge, consent or authority of the owner.
- Shall mean any person, persons or entity who shall have legal or equitable title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building, structure or part thereof, as owner or agent of the owner, or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession regardless of how such possession was obtained. Any person, group or persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this section and shall have the responsibility over the portion of the premises so sublet, leased or assigned.
- Shall mean a lot, plot or parcel of land, right-of-way or multiples thereof, including the buildings or structure thereon.
- REFUSE OR RUBBISH
- Shall mean all discarded, useless, unusable, used or worthless solid waste matter or materials, combustible or noncombustible, including but not limited to abandoned, inoperative or unusable automobiles and vehicles.
[1982 Code § 172-3]
Every residential and nonresidential building, structure, lot and the premises or portion of the premises on which it is situated in the Borough of Little Ferry previously or presently used or intended to be used for dwelling, commercial, business, recreational, service, transportation, institutional, religious, charitable, quasi-public, professional or industrial occupancy and uses accessory thereto shall comply with the provisions of this section, whether or not any such building or structure shall have been constructed, altered or repaired before or after the enactment of this section, and irrespective of any permits or licenses which may have been issued for the use or occupancy of such building or for the installation or repair of equipment or facilities prior to the effective date of this section. Vacant lots, lands and premises are also required to comply with the provisions of this section.
[1982 Code § 172-4]
In any case where the provisions of this section impose a higher or stricter standard than set forth in other ordinance or regulation of the Borough of Little Ferry or under the laws or regulations of the State of New Jersey or any of its agencies, then the standard as set forth herein shall prevail, but if the provisions of this chapter impose a lower or lesser standard than any other regulation or ordinance of the Borough of Little Ferry or the laws and regulations of the State of New Jersey or any of its agencies, then the higher standard contained in any such other ordinance, regulation or law shall prevail.
[1982 Code § 172-5]
Compliance with this section shall not constitute a defense against any violation of any other ordinance of the Borough of Little Ferry applicable to any structure or premises, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this section.
[1982 Code § 172-6]
Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this section, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder or be entitled to assert as a defense against any charge made against him or them for violation of this section the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.
[1982 Code § 172-7; New]
Any alteration to buildings, structures or appurtenances thereto, or changes of use therein, which may be caused directly or indirectly by the enforcement of this section, shall be done in accordance with all applicable provisions of the State Uniform Construction Code and Chapter 13, Building and Construction.
[1982 Code § 172-8; New]
Nothing contained in this section or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the Zoning Regulations and Chapter 35, Land Use.
[1982 Code § 172-9]
Nothing in this section 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 buildings or structures which are deemed to be dangerous, unsafe or unsanitary.
[1982 Code § 172-10; Ord. No. 1215-24-06; Ord. No. 1270-02-09; Ord. No. 1303-13-10]
In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner or tenant of a dwelling or lands lying within the Borough of Little Ferry, where it shall be necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard to do the following:
To remove from such lands or dwelling or to destroy any solid waste stored in such a way that it is accessible to and likely to be strewn about by animals, such as, but not limited to, dogs, cats, raccoons, birds or rodents. Such removal or destruction of the solid waste shall be required to be completed not less than 72 hours or more than 10 days after the owner or tenant has received written notice of such violation. In the event the owner or tenant refuses or neglects to remove or destroy the solid waste in the manner and within the time set forth herein, then such removal or destruction of the solid waste shall be undertaken by or under the direction of the Borough Administrator, Property Maintenance Officer or Code Enforcement Officer, and the owner or tenant shall be responsible for any and all costs pursuant to Subsection 18-1.26.
To remove from such lands or dwelling or destroy brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice to remove or destroy the same. In the event the owner or tenant refuses or neglects to remove or destroy the same in the manner and within the time set forth herein, then such removal or destruction of the same shall be undertaken by or under the direction of the Borough Administrator, Property Maintenance Officer or Code Enforcement Officer, and the owner or tenant shall be responsible for any and all costs pursuant to Subsection 18-1.26.
[Added 10-10-2017 by Ord. No. 1484-17-17]
Purpose. It is determined that certain types of the bamboo plant are invasive and often difficult to control and can cause significant damage to property. The purpose of this section is to preserve and protect public and private property in the Borough of Little Ferry from the damaging spread of bamboo, to protect indigenous and other plant materials from the invasive spread of bamboo, and to maintain the general welfare of the residents of the Borough of Little Ferry.
Prohibition. No owner, tenant or occupant of a property, or person, corporation or other entity, shall plant, install or cause or permit the planting or installation of plant species commonly known as "running (monopodial) bamboo" or "clumping (sympodial) bamboo" upon any property located within the Borough of Little Ferry. This prohibition shall include, but is not limited to, the following plant genera:
Duty to confine. In the event any species commonly known as "running bamboo" or "clumping bamboo" is located upon any property within the Borough of Little Ferry prior to the effective date of this prohibition, the owner and occupant of said property shall jointly and severally be required to confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may elect to totally remove the bamboo from the property and all affected properties.
Failure to properly confine such bamboo shall require removal as set forth below. The cost of said removal shall be at the bamboo property owner's expense.
This duty to confine shall not apply if the property owner and/or occupant can establish to the satisfaction of the Borough Inspector that the bamboo which is on his/her property at the time of the adoption of this subsection originated on another property.
In the event running bamboo or clumping bamboo is present on the effective date of this prohibition and a complaint is received by the Borough regarding an encroachment of any bamboo plant or root, and the Borough Inspector, after observation and/or inspection, determines that there is an encroachment or invasion on any adjoining/neighboring private or public property or public right-of-way (hereinafter, "the affected property"), the Borough shall serve notice to the bamboo property owner in writing that the bamboo has invaded other private or public property(ies) or public right(s)-of-way and demand the removal of the bamboo from the affected property, and demand approved confinement against future encroachment or, in the alternative, the total removal from the bamboo property owner's property. Notice shall be provided to the bamboo property owner, as well as to the owner of the affected property, by certified, return receipt requested, mail and regular mail. Within 45 days of receipt of such notice, the bamboo property owner shall submit to the Borough Inspector, with a copy to the owner of the affected property, a plan for the removal of the bamboo from the affected property, which plan shall include restoration of the affected property after removal of the bamboo. Within 120 days of receipt of approval of the plan of removal and restoration, the removal and restoration shall be completed to the satisfaction of the Borough.
If the bamboo property owner does not accomplish the removal of the bamboo from such other private or public property or public right-of-way in accordance herewith, the Borough Inspector shall cause a citation to be issued and penalties to be imposed in accordance with N.J.S.A. 40:49-5 ("Penalties for municipal ordinances") for each day the violation continues, enforceable through the Municipal Court of the Borough of Little Ferry. The Borough may also institute civil proceedings for injunctive or civil relief.
Nothing herein shall be interpreted as limiting the rights of a private property owner to seek civil relief through a court of proper jurisdiction nor the institution of civil proceedings against the property parties.
Replanting prohibited. Any running bamboo or clumping bamboo either planted or caused to be planted or existing on the effective date of this regulation may not be replanted or replaced once such bamboo is or has become dead, destroyed, uprooted, or otherwise removed.
[1982 Code § 172-11; Ord. No. 1215-24-06; Ord. No. 1344-29-11]
The exterior of all premises shall be kept free of the following matter, materials conditions:
Refuse, as hereinabove defined.
Rubbish, as hereinabove defined.
Abandoned, uncovered or structurally unsound walls, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
Abandoned iceboxes, refrigerators, boilers, hot-water heaters, television sets and other similar major appliances.
Structurally unsafe or unsound buildings, structures or fences.
Vehicles or parts thereof, including boats and trailers, motorized or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof are or have been junked, abandoned, dismantled or are in a state of visible disrepair.
Weeds or grass in excess of ten (10) inches high or plant growth which are obnoxious or detrimental to public health and safety. This includes but is not limited to poison ivy, poison oak, poison sumac and ragweed growth, dead or dying tree stumps and roots.
Excepting between the hours of 9:00 p.m. and 9:00 a.m., no person shall park or leave standing on private property an automobile or any other motor vehicle of any nature in an RA or RB Zone, unless it shall be parked or left standing on a driveway constructed or installed in accordance with the provisions of Chapter 35, Land Use.
During the hours between 9:00 p.m. and 9:00 a.m. a person shall be allowed to park or leave standing on private property a noncommercial vehicle on the front yard or on a front yard surface subject to the following: If on a front yard surface:
The surface must be of a pervious nature and may consist of honeycomb style pavers with grass growing in the holes commonly referred to as "turf' or "grass" pavers.
The installation of a surface pursuant to this section shall require a fifty ($50.00) dollar permit fee.
If the Borough removes on-street parking in front of a residence necessitating the homeowner to apply for a permit pursuant to this paragraph i., then in that case the permit fee shall be waived.
All permit requests for the installation of such pervious surfaces shall include a plan that is to be reviewed by the Construction Code Official. Formal approval from the Construction Code Official shall constitute the permit. At a minimum, the plan shall include, location of surfaces and material of said pervious surfaces.
The design and placement of the surface must not allow for the motor vehicle to track mud, dirt, grass, etc., into the public roadway. If it is found that such items have been found in the public roadway, the fine shall be five hundred ($500.00) dollars. If such items are found in the public sewer (storm or sanitary) system, the fine shall be seven hundred fifty ($750.00) dollars and the cost of cleanout.
Failure to obtain the permit will result in a two hundred ($200.00) dollar fine.
The Little Ferry Police Department, Construction Code Official, Property Maintenance Inspector(s), Department of Public Works or other Borough official that the Borough Council shall designate shall be empowered to enforce the provisions of this paragraph.
[1982 Code § 172-21; Ord. No. 1215-24-06]
Adoption of the International Property Maintenance Code, 2003 by Reference. The Borough of Little Ferry hereby adopts by reference the International Property Maintenance Code, 2003 edition, as published by the International Code Council and all additions and supplements thereto as the Property Maintenance Code of the Borough of Little Ferry, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of the Property Maintenance Code on file in the office of the Borough of Little Ferry are hereby referred to, adopted, and made a part hereof, as if fully set out in this subsection, with any additions, insertions, deletions and changes, if any, as a result of the adoption of the International Property Maintenance Code, 2003 Edition, as published by the International Code Council.
Effect on Pending Suits and Existing Actions. Nothing in this subsection or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as a result of the adoption of this subsection nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[Ord. No. 1242-01-08]
All materials and work shall be in accordance with the specifications on file in the Building Department.
Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced within 10 days of removal in accordance with specifications on file in the Building Department. The Construction Official may allow longer periods of time as required for special circumstances.
No concrete sidewalk shall be replaced or covered with blacktop.
Whenever a curb cut or driveway depression is required, the entire section or sections of curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited. The curb cuts at residential property shall be in accordance with Subsection 35-108.8.
[Amended 4-9-2019 by Ord. No. 1513-03-19]
It shall be unlawful for any person to drive any vehicle upon or over any curb or sidewalk on any street, avenue or highway within the limits of the Borough of Little Ferry without properly protecting the curb or sidewalk from damage.
[1982 Code § 172-22]
All other provisions contained in this section establishing minimum standards of property maintenance for all residential and nonresidential premises in the Borough of Little Ferry shall be applicable to this section as if recited at length.
[1982 Code § 172-12; Ord. No. 1239-20-07; Ord. No. 1354-09-12; Ord. No. 1456-05-16]
Under the Supervision of the Construction Code Official, the Code Enforcement Officer or Deputy Zoning Officer under the supervision of the Zoning Officer, investigates complaints, performs UCC building inspections, performs interior inspections of properties whenever an application is filed with the Building Department and/or the Joint Planning Board and Zoning Board of Adjustment; reviews construction plans for consistency with local zoning codes, enforces Little Ferry's Property Maintenance, Zoning and other general codes as directed. The Code Enforcement Officer must possess at least an RCS Building Inspector's License as issued by the Department of Community Affairs. The Code Enforcement Officer shall work ten (10) hours per week and shall be compensated in accordance with the Borough's Salary Ordinance. The Code Enforcement Officer position shall be a part-time position and shall not be entitled to benefits. The Deputy Zoning Officer shall work ten (10) hours per week and shall be compensated in accordance with the Borough's Salary Ordinance. The Deputy Zoning Officer position shall be a part-time position and shall not be entitled to benefits. The hours per week for the Code Enforcement Officer and Deputy Zoning Officer shall be set by the Borough Administrator and approved by the Mayor and Council and shall be compensated in accordance with the Borough's Salary Ordinance.
[1982 Code § 172-13]
Except as may be otherwise provided in any other provision of this section, the Enforcement Officer shall notify in writing, by registered or certified mail or personal service as is more specifically provided in subsection 18-1.22, the owner, operator or occupant of a structure, as the case may be, of the existence of a condition or conditions or other provisions which constitute the violation of any subsection or other provision of this section.
[1982 Code § 172-14]
In the case of an owner or operator, the notice may be served personally upon him or by registered 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 also be made upon a member of the family of the owner or operator over fourteen (14) years of age, residing in the same dwelling unit as the owner or operator, as the case may be. In the case of the occupant, notice may be mailed or delivered to him at this place of business or posted on the door of the occupant's premises.
[1982 Code § 172-15]
For the purpose of enforcement of this section, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until the violations are abated in conformity with this section and other applicable ordinances of the Borough.
[1982 Code § 172-16]
The notice of violation shall contain the following:
Such notice shall designate the building, structure or premises or portion thereof in violation.
Such notice shall contain a statement of the violations existing in the building, structure or premises or portion thereof and the correction thereof sought by the Enforcement Officer.
Such notice shall specify a reasonable time, not to exceed thirty (30) days from the date of service of the notice, in which the notice shall be complied with and the violation abated, corrected or eliminated.
[1982 Code § 172-19]
Where the violation or condition existing on the premise is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Construction Official may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three (3) days. Upon failure to do so, the Construction Official shall abate the condition immediately.
[1982 Code § 172-20; Ord. No. 1270-02-09; Ord. No. 1303-13-10]
Where abatement of any nuisance as defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to conform to the municipal ordinances or state law applicable thereto requires expending Borough monies therefor, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the Building Inspector with an estimate of the cost thereof along with a summary of the proceedings undertaken to secure compliance, including the notices served upon the owners, operators, lessors or agents, as the case may be. The Building Inspector may thereupon determine to order the abatement of the nuisance and correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the Borough and laws of the state. The enforcing officer may thereafter proceed to have the work performed in accordance with such order at Borough expense, not to exceed the amount specified in the order, and shall, upon completion thereof, submit a report of the monies expended and costs to the Building Inspector. After review of the same, the Borough Council, upon resolution, shall direct the Borough Tax Collector to charge the cost incurred by the Borough as a lien upon such lands in the form of property taxes to be assessed and levied upon such lands, same to bear interest at the same rate as taxes and to be collected and enforced by officers in the same manner as taxes. The aforestated provisions are consistent with N.J.S.A. 40:65-12 and 40:48-2.27. A copy of the resolution approving the expenses and costs shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection thereof, and a copy of this resolution shall be sent by registered mail to the owner.
[Amended 11-9-2017 by Ord. No. 1487-20-17]
In all cases where solid waste stored in such a way that it is accessible to and likely to be strewn about by animals, such as, but not limited to, dogs, cats, raccoons, birds or rodents, and in all cases where brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris are destroyed or removed from any dwelling or lands under this section (adopted pursuant to N.J.S.A. 40:48-2.13 and N.J.S.A. 40:48-2.13a) by or under the direction of the Borough Administrator, Property Maintenance Officer or Code Enforcement Officer, then and in that case such Borough Administrator, Property Maintenance Officer or Code Enforcement Officer shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[1982 Code §§ 172-17, 172-18; New]
Where the defendant is other than a natural person or persons, paragraph a shall apply to any agent, office, member or partner who shall, alone or with others, have charge, care or control of the premises within the definition of "owner" under this section.
[1982 Code § 158-2]
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:
Any matter, thing, condition or act which, in the opinion of the Health Officer, using environmental standards adopted by the State of New Jersey, is or is likely to become detrimental or a menace to the health of the inhabitants of this municipality.
Pollution, or existence of a condition or conditions which cause or threaten pollution, of any waters in this municipality in such manner as to cause or threaten injury to any of the inhabitants of this municipality either in their health, comfort or property. The pollution standards that the Health Officer shall adopt shall be the same as set by the State of New Jersey, Department of Environmental Protection.
The escape into the open air from any stack, vent, chimney or any entrance to the open air, or from any fire into the open air, of such quantities of smoke, fly ash, dust, fumes, vapors, mists or gases as to cause injury, detriment or annoyance to the inhabitants of this municipality or endanger their comfort, repose, health or safety. The particulate and pollution standards that the Health Officer shall adopt in relation to air pollution shall be those which have been promulgated by the State of New Jersey, Department of Environmental Protection.
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
The growth, existence or presence of poison ivy or similar poisonous plant within twenty (20) feet of any property line.
The existence or presence of any stagnant water or other liquid in which mosquito larvae breed or exist or which presents any other health hazard.
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 or which presents any other health hazard.
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 as or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance as declared and described in this subsection.
[1982 Code § 158-4]
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 section 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.
[1982 Code § 158-6]
Whenever a nuisance as defined in this section is found on any plot of land, lot, right-of-way or any private premises or place, notice in writing shall be given to the owner thereof (unless a health emergency exists in the opinion of the Health Officer, then verbal notice shall be acceptable) to remove or abate the same within such time as shall be specified therein but not less than twenty-four (24) hours from the date of service thereof, or reasonable attempt shall be made at notification of the owner or agent of the owner. A duplicate of the notice or real notification shall be left with one (1) or more of the tenants or occupants of the premises or places if different from the owner. If the owner resides out of the State or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof or posted on the premises, and such action shall be considered proper notification of the owner, tenant or occupant thereof.
Whenever a nuisance as defined in this section is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If in the opinion of the Health Officer a health emergency exists, such notification may be made verbally. If such person fails to comply with such notice within the time specified therein, the Board of Health may remove or abate such nuisance in a summary manner and charge the costs of the same to the party responsible for the continuance of the nuisance.
If the owner, tenant or occupant of private property, upon being notified as provided by this subsection, shall not comply with such notice within the time specified therein 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 in a summary manner by such means as the Board shall deem proper.
[1982 Code § 158-7]
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as defined in this section from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of premises who, after notice and notification as herein provided shall fail to remove and abate the same within the time specified in such notice.
[1982 Code § 158-8]
The provisions of this section shall be enforced by the Board of Health or its enforcing official.