[Ord. #603; 1973 Code § 55-1]
There is hereby established in the Borough, a State Uniform Construction Code enforcing agency to be known as the "Construction Code Enforcing Agency of the Borough," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Code. The Construction Official shall be the chief administrator of the enforcing agency. The Plumbing Subcode Official shall be the Plumbing Inspector as appointed by the Board of Health.
Each official position created in Subsection a hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one (1) such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
The public shall have the right to do business with the enforcing agency at one (1) office location except for emergencies and unforeseen or unavoidable circumstances.
[Ord. #603; 1973 Code § 55-2; Ord. #831, § 1]
The Bergen County Construction Board of Appeals is hereby named as the agency to hear appeals from decision by the enforcing agency.
[Ord. #603; Ord. #625; 1973 Code § 55-3; Ord. #825, § 9; Ord. #37-89, § 9]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Council, biannually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
In order to provide for the training, certification and technical support programs required by the State Uniform Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee of $0.0014 per cubic foot of volume of new construction. The surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarters ending September 30, December 3, March 31 and June 30, and not later than one (1) month next succeeding the end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, the fee shall be collected and remitted for the third and fourth quarters only.
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, the report shall be for the third and fourth quarters only.
[Ord. #12-06, § 1]
Before a construction permit is issued for any proposed new single-family dwelling, a new two-family dwelling, a multiple-family dwelling or townhouse (all as same are defined in § 34-3 of the Zoning Ordinance of the Borough of Midland Park), the Construction Code Official shall forward to the Borough Engineer for approval a plot plan provided by the owner or his designee drawn to a scale of not less than one (1") inch equals twenty (20') feet, prepared by a licensed professional engineer or land surveyor, showing the following:
Actual location of the proposed dwelling, with ground floor and garage floor elevations and building heights.
Proposed front, rear and side yard setbacks.
Means of foundation drainage and any subsurface drainage structures, drainage inlets or seepage fields.
All existing trees over six (6") inches in diameter and trees to be removed.
All existing and proposed utility and sanitary sewer connections.
All easements, with purpose and/or owner.
Dimensions and locations of proposed curb opening for driveways.
All existing and proposed contours for the subject lot and existing contours for adjacent lots to adequately demonstrate proposed surface water flows.
All existing and/or proposed on- and off-site improvements in close proximity to the subject lot.
Percolation test locations and rates. Percolation test must be witnessed by the Borough Engineer.
New Jersey flood hazard areas, floodway and freshwater wetlands limits.
Details pertaining to the sanitary sewer connection for the property.
Within forty-five (45) days of receipt of the plot plan, the Borough Engineer shall issue a report to the Construction Code Official with his/her recommendations. The Borough Engineer shall include, but not be limited to, the following factors in evaluating such plot plans:
Surface and subsurface drainage.
Preservation of trees and landscaping.
Suitability of proposed utility connections.
Soil erosion control.
Any other factor relating to the health, safety and welfare of the public.
Suitability of existing streets, storm drainage and emergency access to the subject or surrounding sites affected by proposed construction.
Upon completion of the construction of a building or structure foundation, an as-built foundation location plan prepared by a licensed land surveyor shall be submitted to the Construction Code Official and Borough Engineer for review and approval. The location plan shall indicate foundation setbacks from property and building lines and indicate finished floor elevators.
Upon completion of construction approval on the plot plan, prior to the issuance of a certificate of occupancy, an as-built plan of the site shall be submitted to the Borough Engineer which provides the following information and details (except for the provisions of an as-built foundation location survey):
All topographic information provided on the approved plot plan.
Final utility connections with reference ties to building corners.
Final surface contours at two (2') foot intervals.
Location of all underground structures with reference ties to building corners.
Finished floor elevations.
Spot elevations at all building corners, drainage structures, sewers, driveway property limits, walls and/or other structures.
Topographical information within the public right-of-way surrounding the site.
Property survey boundary data.
All other information deemed necessary by the Borough Engineer or Construction Code Official to determine consistency with the approved development application or building permit.
The initial deposit for engineering review and inspection costs in connection with a plot plan approval shall be in the amount of five hundred ($500.00) dollars. Any unused portion of the escrow shall be refunded to the owner. In the event that the initial engineering escrow is exhausted, the owner shall replenish the escrow in an amount reasonably determined by the Borough Engineer.
This section shall not apply to additions or alterations to existing structures except if such addition or alteration increases the footprint by five hundred (500) square feet or greater.
[Ord. #425; 1973 Code § 71-1; New]
The Health Officer and the Construction Official of the Borough are hereby designated as the officers to exercise the powers prescribed by this section, and they shall serve in such capacity without any additional salary.
[Ord. #425; 1973 Code § 71-2]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this section and three (3) copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
[Ord. #425; 1973 Code § 71-3]
Either one (1) of the officers or his authorized representative is hereby authorized to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[Ord. #425; 1973 Code § 71-4; New]
Whenever the Health Officer or the Construction Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this section, or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:
Be put in writing;
Include a statement of the reasons why it is being issued;
Allow a reasonable time for the performance of any act it requires;
Be served upon the owner or his agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this State. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted hearing on the matter before the Borough Council, provided such person shall file in the office of the Borough Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice was served.
Upon receipt of such petition, the Borough Council shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed, provided that upon application of the petitioner the Borough Council may postpone the date of the hearing for a reasonable time beyond such ten (10) day period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the Borough Council shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the Borough Council sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Clerk within ten (10) days after such notice is served.
The proceedings at such hearing, including the findings and decision of the Borough Council shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Borough Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Borough Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State.
Whenever the Health Officer or Construction Official finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to Borough Council shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Borough Council shall continue such order in effect, modify it or revoke it.
[Ord. #425; 1973 Code § 71-5; New]
The Health Officer and the Construction Official are hereby authorized and empowered to make and adopt such written rules and regulations as they may deem necessary for the proper enforcement of the provisions of this section; provided, however, that such rules and regulations shall not be in conflict with the provisions of this section, nor in any way alter, amend or supersede any of the provisions thereof. The officers shall file a certified copy of all rules and regulations which they may adopt in their office and in the office of the Borough Clerk.
[Ord. #425; 1973 Code § 7-16]
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Ord. #27; 1973 Code § 79-1]
Numbers are to be assigned to each twenty-five (25') foot frontage on all streets and public places in the Borough, and each and every lot having an actual frontage of less than twenty-five (25') feet on any streets or public places shall be assigned a number where practicable as though the same were of the full frontage of twenty-five (25') feet, and each and every lot having an actual frontage on any streets and public places exceeding twenty-five (25') feet shall be assigned a number for each twenty-five (25') feet or fractional part hereof, where practicable.
[Ord. #27; 1973 Code § 79-2]
The numbers assigned to the frontage streets and public places shall commence as follows: on all streets running northerly and southerly, or westerly and easterly, the most southerly or easterly points shall be the commencing points where practicable, thence running northerly and westerly to the ends thereof.
[Ord. #27; Ord. #554; 1973 Code § 79-3]
In numbering streets, the odd numbers shall be assigned to the right-hand side of the street and the even numbers shall be assigned to the left-hand side of the streets. Nothing contained in this subsection shall affect the numbering of houses as established at the adoption of the Code.
[Ord. #27; 1973 Code § 79-4; Ord. #842, § 1]
The numbers assigned shall be set down upon a copy of the map filed with the Borough Clerk, entitled "Tax Map Borough of Midland Park, Scale as Shown, June 1931, Clinton Bogert Associates, revised to show conditions as of March 1, 1986" and further having endorsed on the first page thereof the legend "Map showing numbers assigned to the lot frontage on the streets and public places of the Borough of Midland Park." When the numbers shown on this map conflict with the rules set forth in this section for allocating numbers, the numbers shown on such map shall control.
[Ord. #27; 1973 Code § 79-5; Ord. #842, § 2]
The numbers to be assigned to the frontage of any streets not presently in existence shall be as shown on the subdivision map or plat establishing such street as approved pursuant to the Land Development Regulations of this Code.
[Ord. #842, § 3]
No number shall be displayed on any lot or building which does not conform with the numbers required by this section. All lots or buildings displaying any number not in accordance with this section shall revise the displayed number to be in accordance with this section.
[Ord. #842, § 4]
This section shall be administered and enforced by the Zoning Officer.
If any person shall have been convicted of a violation of this section, and the violation continues despite that conviction, such unlawful display of a number is hereby declared to be a nuisance detrimental to the health, safety and welfare of persons within the Borough.
If the property owner shall fail to abate such nuisance, the Zoning Officer shall cause such nuisance to be abated.
In causing the abatement of such a nuisance, the Zoning Officer shall certify the costs thereof to the Mayor and Council. The Mayor and Council shall examine the certificate of costs and, if found to be correct shall, by resolution, cause the costs as shown thereon to be charged against the particular land upon which the nuisance was maintained. The amount so charged shall become a lien upon such land and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the Tax Collector in the same manner as taxes; provided, however, that nothing herein shall act to prevent or waive any right of the Borough to seek a money judgment against the owner of the property upon which the nuisance was maintained to recover the cost of abatement.
[Ord. #842, § 5; New]
Upon discovery of a violation of this section, the Zoning Officer shall notify the owner of the property upon which the violation is maintained of the fact of the violation and in such notice shall demand that such violation be abated. Such notice shall be in writing and delivered by personal service or by certified mail, return receipt requested to the address of the property owner as disclosed on the tax records of the Borough. If such violation is not cured within ten (10) days of the notice, the Zoning Officer shall charge the property owner with a violation of this section by filing a complaint with the Municipal Court.
A violation which persists for more than one (1) day shall be deemed a separate violation for each day on which it so persists.
[1973 Code § 87-1; Ord. #862, § 1]
This section, as amended and supplemented, shall be known as the "Property Maintenance Code of the Borough of Midland Park" and may be referred to as "the Property Maintenance Code" or "this code". The purposes of this code are:
To provide for the public health, safety and welfare.
To avoid, prevent and eliminate the maintenance creation of hazards to the public health and safety.
To avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties.
To prevent the creation, continuation, extension or aggravation of blight.
To preserve property values in the Borough.
To prevent the physical deterioration or progressive downgrading of the quality of residential dwellings in the Borough.
To maintain the value of economic health of the commercial properties and business that serve and help to support the Borough and its citizens.
To prevent and eliminate physical conditions in or on property which constitute nuisances and are thereby potentially dangerous or hazardous to the life, health or safety of persons on or near the premises where such conditions exist.
To establish minimum standards governing the maintenance and condition of lands, buildings, structures and premises in the Borough.
To fix responsibilities and duties therefor upon owners, lessees, operators and occupants of property.
To provide for administration and enforcement.
To fix penalties for the violation of this code.
[1973 Code § 87-2; Ord. #862, § 2, Ord. #25-89, §§ 1-2]
As used in this section.
- GENERAL PROVISIONS
- Shall mean for the specific purposes of this section, the following terms, whenever used herein or referred to in this section, shall have the respective meanings assigned to them hereunder unless a different meaning clearly appears from the context.
- 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.
- FOOD WASTE
- Shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Shall mean as used in the National Existing Structures Code described in Subsection 10-4.4, when referring to a political subdivision or territory.
- Shall mean:
- a. Any public or private condition that would constitute a nuisance according to the Statutes, laws and regulations of the State of New Jersey, its governmental agencies or the ordinances of the Borough.
- b. Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where such conditions exists.
- 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 unit, or operating a business therein, 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 or such possession, use or occupancy.
- Shall mean any person or entity not the owner, who has charge, care of or control of a dwelling or premises, or a part thereof, with or without the knowledge, consent or authority of the owner.
- Shall mean any person 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 of 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 or entity who is a lessee, sublessee or assignee of a lease 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 code and shall have 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 structures thereon.
- REFUSE or RUBBISH
- Shall mean all discarded, useless, unusable, unused or worthless solid waste matter or materials combustible or noncombustible, including but not limited to garbage; trash, ashes, paper, paper goods and products; wrappings; cans; bottles; containers; yard clippings; garden refuse; brush and containers of waste materials, chemicals or oil other than garbage containers used and intended to be picked up in the normal weekly scavenger collection service; debris; junk; glass; boxes; crockery; wood; mineral matter; plastic; rubber; leather; furniture; household goods; appliances; fixtures; bedding; scrap lumber; scrap metal, construction material; inoperable machinery or parts thereof; dead or rotting vegetation; excluding compost piles which are not otherwise prohibited in this section; abandoned, inoperative, unused or unusable automobiles and vehicles, or parts or components of automobiles, motor vehicles, motorcycles or vehicles of any kind; and solid commercial or industrial waste. The terms "refuse" or rubbish" shall also include those items defined as recyclables in § 14-5 of the Code of the Borough of Midland Park. The terms "refuse" or "rubbish" shall not include those items defined as food waste.
[1973 Code § 87-3; Ord. #862, § 3]
Every residential and nonresidential building, structure, lot and the premises or part of the premises on which it is situated in the Borough 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 Code whether or not any such building or structure shall have been constructed, altered or repaired before or after the enactment of this Code 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 Code. Vacant lots, lands and premises are also required to comply with the provisions of this Code.
[1973 Code § 87-4; Ord. #862, § 4; Ord. #16-95, §§ 1, 2]
Except as modified below, the National Existing Structures Code, 1993, as published by the Building Officials and Code Administrators (BOCA) International, Inc., a copy of which is annexed hereto and incorporated herein by reference as if set forth at length herein, be and is hereby adopted as part of the Property Maintenance Code of the Borough of Midland Park, and each and all of the regulations of the National Existing Structures Code, 1993, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter with the modifications to the Code set forth below.
The National Existing Structures Code is hereby amended and changed as follows:
The following articles, sections or subsections of the National Structures Code shall be deleted in their entirety:
The definitions of "one-family dwelling" and "two-family dwelling" contained in Section ES 201.0 shall be deleted and the following is substituted in lieu thereof:
"One-family dwelling: A building containing one (1) dwelling unit with not more than two (2) lodgers or boarders.
Two-family dwelling: A building containing two (2) dwelling units with not more than two (2) lodgers or boarders per family."
The following shall be added to Section ES 301.6: "Grass and weeds shall be trimmed to less than eight (8) inches in height on all areas of all properties within the Borough."
Section ES 301.10.1 shall be deleted and the following substituted in lieu thereof: "ES-301.10.1 - Residential areas: No vehicle shall, at any time, undergo major overhaul, including body work, in a residential area."
Copies To Be Kept on File. No fewer than three (3) copies of said Code have been placed on file in the office of the Borough Clerk prior to the introduction of this section and shall remain on file there for use and examination by the public until final action is taken on this section, at least three (3) copies of the Code shall remain on file in the office of the Borough Clerk, and at least three (3) copies shall be placed and remain on file in the office of the Borough Building Inspector for use and examination by the public for as long as this section is in effect.
[1973 Code § 87-5; Ord. #862, § 5; Ord. #25-89, § 5]
Prohibited Matter and Conditions. The exterior or all premises shall be kept free of the following matter, materials or conditions, provided that the materials described below which are collected by the Borough pursuant to Subsection 15-1.5 of this Code or by the authorized scavenger for the Borough may be placed at the curbside for collection by the Borough or the scavenger after 12:00 noon the day before the scheduled collection:
Refuse and rubbish, except for rubbish or refuse placed at the curbside for collection by an authorized scavenger after 12:00 noon the day prior to collection and provided further that leaves may be placed for curbside collection in accordance with Subsection 15-1.5c. In no event shall leaves gathered for municipal collection be deposited, or placed on the public roadway in such a manner as to be an impediment to vehicular traffic.
Abandoned uncovered structurally unsound wells, shafts, towers, exterior cellar openings, basements, hatchways, foundations or excavations.
Abandoned iceboxes, refrigerators, heaters, television sets and other similar major appliances.
Structurally unsafe or unsound buildings, structures or fences or parts thereof.
Rodents, vermin, pest infestation or rodent harborage.
Animal excrement piles or manure piles, within one hundred (100') feet of a property line.
Buried refuse or rubbish.
Stagnant surface or ground water accumulations which create or are likely to create mosquito or other insect breeding areas.
Nuisances as hereinabove defined.
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 state of visible disrepair for a period of more than two (2) weeks. This subparagraph shall take effect only where the conditions described herein are visible from surrounding or adjoining properties. No part of this subparagraph, however, shall be applicable to properties upon which the business of an automobile body shop or automobile dealership is lawfully conducted.
Dangerously loose and overhanging objects, including but not limited to, dead trees or tree limbs, accumulations of ice, or any object, natural or man-made which could threaten the health and safety of persons if caused to fall, or other similar dangerously loose and overhanging objects, which by reason of their location above ground level constitute an actual hazard to persons or vehicles in the vicinity thereof.
Inadequate or unsafe foundations, wells, piers and columns, and other similar structurally unsound, damaged or defective load bearing components which are incapable of bearing imposed loads safely at all points.
Structurally unsound, loose, dangerous, crumbling, missing, broken, rotten or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, hand rails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, fire escapes, signs, loose, crumbling or falling bricks, stones, mortar or plaster.
Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith.
Broken glass or windows; rotten, missing or substantially destroyed window frames and sashes, door frames, exterior components parts of buildings or structures.
Weeds, brush, stumps, roots which are obnoxious, noxious or detrimental to public health and safety and includes, but is not limited to, poison ivy, poison oak, poison sumac and ragweed growth. This shall also include dead and dying trees and limbs, or other natural growth, including compost heaps or piles which by reason of rotting or deteriorating conditions, create obnoxious odors or blighting and unsightly factors for adjoining properties or the Borough.
Persons maintaining compost heaps or piles otherwise permitted by this chapter shall comply with the following additional requirements:
Each compost heap or pile shall be properly maintained pursuant to any regulations established by the Board of Health;
No compost heap shall emit unsafe or obnoxious odors;
No materials shall be deposited into the compost heap in such a manner so that they can be transferred off the lot, directly or indirectly by natural forces such as precipitation, surface water, evaporation or wind;
No material shall be deposited in a compost heap which may create a pollutant or be a safety or health hazard.
The compost heap or pile must be kept free of insects and rodents.
Under no circumstances are compost heaps or piles permitted in front or side yards or less than ten (10') feet from any property line.
Compost heaps or piles in residential zones may only be for personal, not business, use by the occupant of the dwelling located on the lot on which the compost heap is located.
Garbage cans, pails or other containers used to place materials for scavenger pickup shall be removed by 9:00 p.m. on the same day of scavenger pickup. Such containers shall not be placed in such a manner as to impede vehicular or pedestrian traffic. Garbage or trash dumpsters shall not be maintained in front yards unless permitted by site plan approval from the Planning Board or Board of Adjustment or for temporary construction or renovation purposes.
In residential zone districts, and upon all properties used for residential purposes in whole or in part, parking spaces shall be on paved or gravel driveways constructed and installed and located pursuant to the provisions of the Zoning Ordinance and other applicable codes, rules and regulations of the Borough. Parking of motor vehicles on front lawns, yards, or landscaped front yards is prohibited, except for the purpose of temporary emergency or necessity not to exceed a period of twenty-four (24) hours.
The exterior of all premises, the exterior of structures and condition of accessory structures, including fences and walls of any type, shall be kept structurally sound, in good repair and free from defect and shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining properties, or the Borough, such as but not limited to structural collapse, excessive peeling paint, graffiti, rotting or decay.
Properties with landscaping, lawns, hedges and bushes shall be kept from becoming overgrown and unsightly where exposed to public view, and from becoming a blighting factor for adjoining properties or the Borough.
General Maintenance. The exterior of every structure or accessory structure, including signs and fences shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint, or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties and the Borough be protected from blighting influences.
Obstructions. All brush, hedges, and plant life exceeding two and one-half (2 1/2') feet and interfering with and/or obstructing vision, at intersections of the public roadway shall be deemed a hazard and must be removed or trimmed to abate the hazard.
Food Waste. All food waste, except for food waste placed at the curbside after 12:00 noon the day before scheduled collection by an authorized scavenger. All food waste shall be stored in a leakproof, nondecomposable container provided with a close fitting cover.
[1973 Code § 87-6; Ord. #862, § 6]
Conflict With Other Laws or Ordinances. In any case where the provisions of this code impose a higher or stricter standard than set forth in any other ordinance or regulation of the Borough, or the State or any of its agencies, then the standards as set forth herein shall prevail, but if the provisions of this code impose a lower or lesser standard than any other regulation or ordinance of the Borough or the laws and regulations of the State, or any of its agencies, then the higher standard contained in any such other ordinance regulation or law shall prevail.
Compliance With Other Ordinances. Compliance with this code shall not constitute a defense against any violation of any other ordinance of the Borough applicable to any structure or premises, nor shall any one (1) act of compliance constitute a defense against any subsequent or other violation of this code.
Application of Uniform Construction Code. Any alterations to buildings, structures or appurtenances thereto, or changes of use therein, which may be caused directly or indirectly by the enforcement of this code, shall be done in accordance with all applicable sections of the Uniform Construction Code of the Borough.
Application of Zoning Ordinance. Nothing contained in this code or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the Zoning Ordinance or zoning laws of the Borough.
Existing Remedies. Nothing in this code shall be deemed to abolish or impair existing remedies of the Borough or its officers or agencies relating to the removal or demolition of any buildings, structures, or trees which are deemed to be dangerous, unsafe, or unsanitary.
Effect on Activities or Uses Otherwise Prohibited. The provisions of this chapter or of the Existing Structures Code hereby adopted shall not be deemed to permit any activities or uses of property which are otherwise prohibited, restricted or regulated by any law, ordinance or regulation applicable thereto.
[1973 Code § 87-7; Ord. #862, § 7]
Compliance. In furtherance of the purposes of this Code, it shall be the duty and responsibility of the owner, operator and occupant of premises to comply with any or all of the requirements and standards of this Code; to keep the premises free of conditions which constitute violations hereof, and to promptly remove, prevent or abate such conditions.
General Responsibility. Without limitation by the foregoing, it shall also be the duty and responsibility of owners, occupants, or operators to keep the exterior of all premises structurally sound, in good general repair and sufficiently maintained, to an extent so as to prevent and avoid conditions that violate the purposes of this Code, as set forth in Subsection 10-4.1.
Owner, Operator and Occupant to Comply Independently. Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this Code, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder, nor be entitled to assert as a defense against any charge made against him or them for violation of this Code, the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.
[1973 Code § 87-8; Ord. #862, § 8; Ord. #25-89, § 11; Ord. #16-95, §§ 3, 4]
Enforcement Officer. The Property Maintenance Official, appointed annually by the Mayor and Council, is hereby designated as the officer charged with enforcement of this Code and is hereinafter referred to as the "Property Maintenance Official." The Property Maintenance Official will also be responsible for the enforcement of the following codes: § 14-2, titled "Removal of Impediments," and Zoning Ordinance § 34-13.5, titled "Trailers, Mobile Homes, Boats, Campers, and Wheel-Based Vehicles."
[Amended 9-24-2020 by Ord. No. 10-20]
Except for violations of Subsections 10-4.5c and 10-4.5d, and except as provided in Subsection 10-4.4, whenever any Enforcement Officer determines that there is or has been a violation of any provisions of this Code, he shall give notice of such violation to the persons or entities responsible therefor under this Code. Such notice shall be in writing and shall include a concise statement of the reasons, for its issuance. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown by the most recent tax lists of the Borough or a copy thereof handed to such person; or a copy thereof left at the usual place of abode or office of such persons or entities. The notice requirement relating to a violation at a particular property shall be deemed satisfied by a single notice relating to a specific offense being given to the persons or entities responsible therefor, and no subsequent notice shall be required, should a subsequent violation occur, absent a change in the ownership of such property. Notice shall be given as aforesaid within or without the Borough. The notice shall also state that unless the violation is abated, removed, cured or prevented from within ten (10) days of the date of service of such notice (exclusive of the date of service) a summons shall issue for such violation. The Enforcement Officer may, at the time he issues the notice, extend the period for compliance with the violation stated in the notice for a period in excess of the aforesaid ten (10) days if, in his judgment, the abatement, removal, prevention, cessation of or cure of the condition violated cannot reasonably be effected within a ten (10) day period; and in such cases the Enforcement Officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid ten (10) days. In the event the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the ten (10) day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall then issue against the persons or entities so notified.
Whenever any person or entity is given one (1) notice of a violation of Section ES 301.6 of the National Existing Structures Code as adopted and amended by Subsection 10-4.4 of this chapter at any time in any calendar year, and any Enforcement Officer determines that there is or has been a violation of that section occurring between April 1 and October 31 in that calendar year subsequent to the issuance of that notice, the Enforcement Officer shall file a complaint in the Municipal Court against the responsible party for each violation subsequent to the notice without the need for any further prior notice.
In addition to the remedies provided for in this section, should an owner, operator or occupant of any premises fail to comply with any order and directive of the Enforcement Officer within ten (10) days after notice of such violation, the Enforcement Officer may cause such condition to be remedied. In such case, the Enforcement Officer may cause such remediation by retaining the services of a contractor, in accordance with applicable law and the cost of such remediation shall be paid by the Borough. The expense incurred by the Borough shall become a charge or a lien on such lands and shall be added to and become and form a part of the taxes to be assessed and levied upon such lands and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner.
[1973 Code § 87-9; Ord. #862, § 9]
Emergency Conditions. Whenever the Enforcement Officer finds that an emergency condition in violation of this section exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in Subsection 10-4.8, reciting the existence of such an emergency condition and requiring that such action may be taken necessary to meet the emergency. Notwithstanding any other provision of this Code, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the Enforcement Officer any such person shall be afforded a hearing before the Mayor and Council as soon as is reasonably possible. After such a hearing and decision by the Mayor and Council as to the existence or nonexistence of the emergency condition, the Mayor and Council may continue such order in effect, or modify or withdraw it, subject to issuance of a summons for violation thereof, if such order is continued.
[1973 Code § 87-10; Ord. #862, § 10; New]
Any person or entity who shall violate any of the provisions of this section or any order promulgated hereunder, shall upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. Each violation of any of the provisions of this section and each day that each such violation shall continue, shall be deemed to be a separate and distinct offense.
[Ord. #3-90, Preamble]
The State of New Jersey, through the State Uniform Construction Code has required the installation of smoke detectors in one (1) and two (2) family dwelling units on which construction commenced on or after August 6, 1984; and, the State of New Jersey, through Hotel and Multiple Dwelling Act requires the installation of smoke detector units in "multiple dwellings" which are defined as dwelling units containing three (3) or more units either occupied or intended to be occupied. It is in the best interest of the Borough that smoke detectors be installed in residential dwelling units not otherwise regulated.
[Ord. #3-90, § 1; Ord. # 8-91, § 1]
Smoke detectors shall be installed in each dwelling unit as defined in N.J.S.A. 55:13A upon the sale, rental, transfer or lease of any dwelling unit in the Borough of Midland Park.
Each dwelling unit sold, rented, leased or transferred shall have a minimum of one (1) smoke detector on each level and within ten (10') feet of all sleeping areas. A floor area separated by three (3) or more risers from another floor area shall be considered a separate level. Where a basement exists, a smoke detector shall be installed on the basement ceiling.
Smoke detectors shall not be required in an unoccupied attic. In order to achieve compliance with this act, smoke detectors are required to be approved by the Underwriter's Laboratories or Factory Mutual Research Corp.
Alarm signals from the smoke detectors shall be clearly audible in all rooms on the level on which the smoke detector is installed when all intervening doors are closed.
Except as otherwise provided by law, smoke detectors shall be powered by either battery or electricity.
[Ord. #3-90, § 2]
Sellers, transfers or lessors of all dwelling units subject to this section shall be responsible for the correct installation and maintenance of smoke detectors.
The owner of a rental unit shall, at that time of installation of smoke detector and thereafter at the commencement of each tenancy, provide to the tenant at least one (1) copy of written instructions on the operation, maintenance, and testing of the smoke detector, including the replacement of batteries in the battery operated unit.
The owner of each rental unit shall be responsible for the proper maintenance of the smoke detectors including the replacing of batteries, repair or replacement of the unit in accordance with the standards hereinabove set forth.
[Ord. #3-90, § 3; Ord. #8-91, § 2]
Upon the sale of a one (1) or two (2) family residence or the rental, lease or transfer of any dwelling unit, the seller, landlord or transferor is required to obtain from the Fire Official of the Borough of Midland Park or his designee a smoke detector compliance certification certifying that the property is in compliance with the provisions of this section.
[Ord. #3-90, § 4; Ord. #8-91, § 3; amended 3-22-2018 by Ord. No. 05-18]
The fee for the smoke detector compliance certificate shall be $50. Applications for a smoke detector compliance certificate shall be made to the Fire Official together with the fee of $50. All fees must be paid before a certificate of compliance is issued. Within 10 business days of the receipt of said application, the designated official of the Borough of Midland Park shall inspect the premises to determine whether the same complies with the terms of this section. If, for any reason, a re-inspection should be required, there will be a $25 re-inspection fee.
[Ord. #01-07, § 1]
As used in this section, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- Shall mean the Zoning Official to the Borough of Midland Park or such other officer designated by the Mayor and Council to enforce the provisions of this section.
- MULTIPLE DWELLING
- Shall mean any building or structure containing three (3) or more rented or leased dwelling units occupied or intended to be occupied by three (3) or more persons, together with all appurtenant land, buildings and structures.
- Shall mean the lawful possession of a dwelling unit, commercial or industrial space.
- Shall mean the person or persons holding a legal or equitable fee simple interest in a commercial, industrial or residential building or, in case of premises held in the cooperative form of ownership, the person or persons holding legal or equitable title to the cooperative shares allocated to a dwelling unit.
- RESIDENTIAL BUILDING
- Shall include one-, two- and three-family homes, multiple-family dwellings and units therein and individual condominium and cooperative units.
[Ord. No. 01-07, § 2; Ord. No. 01-16; Ord. No. 10-16; § 1]
No person shall occupy or use any portion of a residential building after such building or portion thereof has been vacated or sold, until the owner or landlord thereof shall have applied for and secured a certificate of continuing occupancy. Such certificate shall be issued upon a determination by the Enforcement Officer that, based upon a general inspection of the visible parts of the building and the portion thereof that has been vacated or sold, there are no imminent hazards and that the premises in question is in compliance with the applicable building, health, safety, zoning and fire codes, regulations, ordinances and statutes of the Borough of Midland Park and State of New Jersey.
Prior to the sale of any residential building involving a new occupancy, the Enforcement Officer shall issue a certificate of continuing occupancy in accordance with the standards set forth in Subsection a of this section.
A certificate of occupancy shall expire ninety (90) days after the date of issuance.
[Ord. #01-07, § 3]
No certificate of continuing occupancy may be issued to a residential building or any portion thereof unless an approved smoke detector device and carbon monoxide device have been installed as required by applicable State statute.
[Ord. #01-07, § 4]
Prior to the sale of any residential building or any portion thereof, the owner thereof shall apply to the Enforcement Officer, on an appropriate form, for a certificate of continuing occupancy.
[Ord. #01-07, § 5]
The Enforcement Officer shall conduct an inspection of said residential building or portion thereof which is to be sold, within a reasonable time, not exceeding twenty (20) days after completion of said application, and shall issue a certificate of continuing occupancy, provided that the standards set forth in Subsection 10-6.2a of this section have been satisfied and, in the case of residential buildings, that the premises is in compliance with the requirement of installation of a smoke detector alarm system.
[Ord. #01-07, § 6]
If, after inspection by the Enforcement Officer, a certificate of continuing occupancy may not be issued to the residential building or portion thereof because of the existence of a violation of any code or failure to comply with the standards set forth in Subsection 10-6.2a of this section, notice shall be given by the Enforcement Officer to the owner detailing the violations of applicable laws, regulations or ordinances. The Enforcement Officer shall have authority to issue any summons or complaint for any violation of any ordinance, statute or regulation against the owner and/or occupant of the residential building or portion thereof wherein the violation exists. In the event that any violations are found to exist, there shall be no new occupancy or use of the premises until the criteria has been satisfied for the issuance of the certificate of continuing occupancy.
[Ord. #01-07, § 7]
The following fees shall be applicable for the inspection and issuance of a certificate of continuing occupancy:
For one-family homes and individual condominiums, cooperative units and apartment units: one hundred ($100.00) dollars.
For two-family dwellings: one hundred fifty ($150.00) dollars.
For multiple-family dwellings: one hundred fifty ($150.00) dollars for the first two (2) units and fifty ($50.00) dollars for each additional unit.
The fee for all reinspections required for the issuance of the certificate shall be one-half (1/2) of the original fee.
[Ord. #01-07, § 8]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine in accordance with Subsection 1-5.1 of the Code of the Borough of Midland Park.
[Ord. #10-09 § I]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Midland Park or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
- Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
- STORM DRAIN INLET
- Shall mean an opening in a storm drain used to collect storm water runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
- WATERS OF THE STATE
- Shall mean the ocean and its estuaries, all springs, streams and bodies of surface of groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #10-09 § III]
No person in control of private property (except a residential lot with one (1) single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
[Ord. #10-09 § IV]
Storm drain inlets identified in Subsection 10-7.2 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 10-7.3c below.
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater that five-tenths (0.5") inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0") inches across the smallest dimension.
This standard does not apply:
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards:
Where flows are conveyed through any device (e.g. end of pipe netting facility, manufactured treatment device, or catch basin hold) that is designed, at a minimum, to prevent delivery of all solid and floatable material that could not pass through one of the following:
Where flows are conveyed through a trash rack that has parallel bars with one (1") inch spacing between the bars; or
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. #10-09 § V]
This section shall be enforced by the Police Department, the Construction Official, and/or such other designee of the Mayor and Council of the Borough of Midland Park.
[Ord. #10-09 § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the fine in accordance with Subsection 1-5.1 of the Code of the Borough of Midland Park within the discretion of the Municipal Court Judge.