[Ord. #603; 1973 Code § 55-1]
a.
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.
b.
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.
c.
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]
b.
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.
c.
Surcharge Fee.
1.
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.
2.
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]
a.
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:
1.
Actual location of the proposed dwelling, with ground floor and garage
floor elevations and building heights.
2.
Proposed front, rear and side yard setbacks.
3.
Means of foundation drainage and any subsurface drainage structures,
drainage inlets or seepage fields.
4.
All existing trees over six (6") inches in diameter and trees to
be removed.
5.
All existing and proposed utility and sanitary sewer connections.
6.
All easements, with purpose and/or owner.
7.
Dimensions and locations of proposed curb opening for driveways.
8.
All existing and proposed contours for the subject lot and existing
contours for adjacent lots to adequately demonstrate proposed surface
water flows.
9.
All existing and/or proposed on- and off-site improvements in close
proximity to the subject lot.
10.
Percolation test locations and rates. Percolation test must be witnessed
by the Borough Engineer.
11.
New Jersey flood hazard areas, floodway and freshwater wetlands limits.
12.
Details pertaining to the sanitary sewer connection for the property.
b.
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:
1.
Surface and subsurface drainage.
2.
Preservation of trees and landscaping.
3.
Suitability of proposed utility connections.
4.
Soil erosion control.
5.
Any other factor relating to the health, safety and welfare of the
public.
6.
Suitability of existing streets, storm drainage and emergency access
to the subject or surrounding sites affected by proposed construction.
c.
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.
d.
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):
1.
All topographic information provided on the approved plot plan.
2.
Final utility connections with reference ties to building corners.
3.
Final surface contours at two (2') foot intervals.
4.
Location of all underground structures with reference ties to building
corners.
5.
Finished floor elevations.
6.
Spot elevations at all building corners, drainage structures, sewers,
driveway property limits, walls and/or other structures.
7.
Topographical information within the public right-of-way surrounding
the site.
8.
Property survey boundary data.
9.
All other information deemed necessary by the Borough Engineer or
Construction Code Official to determine consistency with the approved
development application or building permit.
e.
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]
a.
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:
1.
Be put in writing;
2.
Include a statement of the reasons why it is being issued;
3.
Allow a reasonable time for the performance of any act it requires;
4.
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.
b.
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.
c.
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.
d.
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.
e.
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]
a.
This section shall be administered and enforced by the Zoning Officer.
b.
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.
c.
If the property owner shall fail to abate such nuisance, the Zoning
Officer shall cause such nuisance to be abated.
d.
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]
a.
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.
c.
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:
a.
To provide for the public health, safety and welfare.
b.
To avoid, prevent and eliminate the maintenance creation of hazards
to the public health and safety.
c.
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.
d.
To prevent the creation, continuation, extension or aggravation of
blight.
e.
To preserve property values in the Borough.
f.
To prevent the physical deterioration or progressive downgrading
of the quality of residential dwellings in the Borough.
g.
To maintain the value of economic health of the commercial properties
and business that serve and help to support the Borough and its citizens.
h.
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.
i.
To establish minimum standards governing the maintenance and condition
of lands, buildings, structures and premises in the Borough.
j.
To fix responsibilities and duties therefor upon owners, lessees,
operators and occupants of property.
k.
To provide for administration and enforcement.
l.
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.
Shall mean the Enforcement Officer described in Subsection 10-4.8.
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.
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 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:
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.
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.
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]
a.
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.
b.
The National Existing Structures Code is hereby amended and changed
as follows:
1.
The following articles, sections or subsections of the National Structures
Code shall be deleted in their entirety:
|
ES-100.0
|
General
|
|
ES-101.0
|
Validity
|
|
ES-102.0
|
Existing Structures
|
|
ES-103.1
|
Approved Materials and Equipment
|
|
ES-103.3
|
Used Materials and Equipment
|
|
ES-104.0
|
Enforcement Authority
|
|
ES-105.0
|
Duties and Powers of Code Official
|
|
ES-106.0
|
Condemnation
|
|
ES-107.0
|
Notices and Orders
|
|
ES-108.0
|
Placarding
|
|
ES-109.0
|
Emergency Orders
|
|
ES-110.0
|
Violations
|
|
ES-111.0
|
Demolition
|
|
ES-112.0
|
Right to Appeal
|
|
ES-302.1.1
|
Street Numbers
|
|
ES-302.4.7
|
Guards for Basement Windows
|
|
ES-303.0
|
Interior Structure
|
|
ES-400.0
|
General
|
|
ES-401.0
|
Light
|
|
ES-402.0
|
Ventilation
|
|
ES-403.0
|
Dwelling Unit Limitations
|
|
ES-404.0
|
Space Requirements
|
|
ES-500.0
|
General
|
|
ES-501.0
|
Required Facilities
|
|
ES-502.0
|
Toilet Rooms
|
|
ES-503.0
|
Plumbing Fixtures
|
|
ES-504.0
|
Water System
|
|
ES-505.0
|
Sewerage System
|
|
Article 6
|
Mechanical and Electrical Requirements
|
|
Article 7
|
Fire Safety Requirements
|
|
Article 8
|
Responsibilities of Persons
|
|
Article 9
|
Hazard Abatement in Existing Building
|
2.
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."
3.
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."
4.
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."
c.
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]
a.
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:
1.
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.
2.
Abandoned uncovered structurally unsound wells, shafts, towers, exterior
cellar openings, basements, hatchways, foundations or excavations.
3.
Abandoned iceboxes, refrigerators, heaters, television sets and other
similar major appliances.
4.
Structurally unsafe or unsound buildings, structures or fences or
parts thereof.
5.
Rodents, vermin, pest infestation or rodent harborage.
6.
Animal excrement piles or manure piles, within one hundred (100')
feet of a property line.
7.
Buried refuse or rubbish.
8.
Stagnant surface or ground water accumulations which create or are
likely to create mosquito or other insect breeding areas.
9.
Nuisances as hereinabove defined.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
Broken glass or windows; rotten, missing or substantially destroyed
window frames and sashes, door frames, exterior components parts of
buildings or structures.
16.
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.
17.
Persons maintaining compost heaps or piles otherwise permitted by
this chapter shall comply with the following additional requirements:
(a)
Each compost heap or pile shall be properly maintained pursuant
to any regulations established by the Board of Health;
(b)
No compost heap shall emit unsafe or obnoxious odors;
(c)
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;
(d)
No material shall be deposited in a compost heap which may create
a pollutant or be a safety or health hazard.
(e)
The compost heap or pile must be kept free of insects and rodents.
(f)
Under no circumstances are compost heaps or piles permitted
in front or side yards or less than ten (10') feet from any property
line.
(g)
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.
18.
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.
19.
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.
20.
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.
21.
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.
b.
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.
c.
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.
d.
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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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]
a.
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.
b.
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.
c.
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]
a.
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: Chapter 14-2 titled; "Removal of Impediments", and Zoning Ordinance Section 34-13.5, titled "Trailers, Mobile Homes, Boats, Campers, and Wheel-Based Vehicles," and Section 15-3.3, "Yard Waste Collection," and Section 15-3.4, "Enforcement."
[Amended 9-24-2020 by Ord. No. 10-20; 2-23-2023 by Ord. No. 02-2023]
b.
Enforcement Procedure.
1.
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.
3.
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.
4.
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]
a.
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:
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.
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.
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]
a.
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.
b.
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.
c.
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:
a.
For one-family homes and individual condominiums, cooperative units
and apartment units: one hundred ($100.00) dollars.
b.
For two-family dwellings: one hundred fifty ($150.00) dollars.
c.
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.
d.
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.
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.
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.
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.
a.
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:
1.
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
2.
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.
b.
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.
c.
This standard does not apply:
1.
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:
2.
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:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one (1") inch spacing between the bars; or
4.
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.
[Added 7-13-2023 by Ord. No. 18-2023]
It is determined that invasive plants are 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 Midland Park from the damaging spread of Invasive
Plants, to protect indigenous and other plant materials from the invasive
spread of Invasive Plants and to maintain the general welfare of the
residents of the Borough of Midland Park.
[Added 7-13-2023 by Ord. No. 18-2023]
As used in this section, the following terms shall have the
meanings indicated:
Woody perennial grass plant species classified under the
taxonomic family Poaceae, that may be known as monopodial (running)
bamboo, sympodial (clumping) bamboo, "common" bamboo, golden bamboo
and arrow bamboo.
A clear distance of five feet from any property line, street,
public property or Borough right-of-way, or from any neighboring property,
whichever is the most restrictive for the Invasive Plants owner.
All native and non-native vines and vegetation that grow
beyond the boundaries of the property lines and are competitive, persistent
and pernicious. These plants may damage trees, vegetation, and structures.
Examples include, but are not limited to, those plants and vegetation
as detailed in www.invasivespeciesinfo.gov.
Any property owner or resident who has planted and/or grows
Invasive Plants, or who maintains Invasive Plants on the property,
or who permits Invasive Plants to grow or remain on a property, prior
to the effective date of this section.
The Borough employee designated as the Property Maintenance
Official and/or Code Enforcement Officer for the Borough of Midland
Park, or his designee.
[Added 7-13-2023 by Ord. No. 18-2023]
a.
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 Invasive Plants upon any property located within
the Borough of Midland Park.
b.
Any existing Invasive Plants may not be replanted or replaced after
any such Invasive Plants has died or been destroyed, uprooted or otherwise
removed.
c.
Any person who plants or replants Invasive Plants within the Borough
limits after the effective date of this section shall be in violation
thereof and subject to penalties as set forth herein.
[Added 7-13-2023 by Ord. No. 18-2023]
a.
In the event any Invasive Plants are located upon any property within
the Borough of Midland Park 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.
b.
Within 180 days of the adoption of this section, Invasive Plants
owners shall notify the Code Enforcement Officer/Property Maintenance
Official, in writing, by certified mail, return receipt requested,
confirming the presence of Invasive Plants on the property prior to
the effective date of this section.
1.
No existing Invasive Plants shall be permitted to remain in any buffer
zone, and it shall be removed.
2.
Invasive Plants that have been confirmed to have already encroached
onto another property prior to the effective date of this section
shall be removed from the affected property by the Invasive Plant
owner and the affected property shall be restored to preexisting conditions
at the Invasive Plants owner's expense, as well as ensuring compliance
with the other provisions of this section.
3.
In lieu of confining the species, the property owner or occupant
may elect to totally remove the Invasive Plants from the property
and all affected properties.
4.
Failure to properly confine such Invasive Plants shall require removal
as set forth below. The cost of said removal shall be at the Invasive
Plants property owner's expense.
5.
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the Borough that the
Invasive Plants which are on his/her property at the time of the adoption
of this section originated on another property.
6.
Invasive Plants owners that fail to comply with the requirements
of this section within 120 days from the adoption of this section
shall be subject to penalties as set forth herein.
[Added 7-13-2023 by Ord. No. 18-2023]
a.
In the event any Invasive Plants located upon any property within the Borough of Midland Park, prior to the effective date of this prohibition, is found to have encroachment of Invasive Plants or root, either by receipt of a complaint or as otherwise determined by the Code Enforcement Officer/Property Maintenance Official after observation and/or inspection, and the Code Enforcement Officer/Property Maintenance Official confirms 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 Invasive Plants property owner, in writing, that the Invasive Plants have invaded other private or public property(ies) or public right-of-way (rights-of-way) and demand the removal of the Invasive Plants from the affected property and demand confinement in accord with § 10-8.4 of this section.
b.
The Property Maintenance Official and/or Code Enforcement Officer
shall provide notice to the Invasive Plants property owner, as well
as to the owner of the affected property(ies), by certified, return
receipt requested, mail and regular mail.
c.
Within 30 days of receipt of such notice, the Invasive Plants property
owner shall submit to the Property Maintenance Official and/or Code
Enforcement Officer a plan for the removal of the Invasive Plants
from the affected property, which plan shall include restoration of
the affected property after removal of the Invasive Plants, a copy
of which shall be provided to the owner of the affected property.
d.
Within 60 days of approval of the plan of removal and restoration,
the removal and restoration shall be completed to the satisfaction
of the Borough.
[Added 7-13-2023 by Ord. No. 18-2023]
a.
If an Invasive Plants owner fails to confine existing Invasive Plants in accord with Chapter 10, § 10-8.4 or does not accomplish the removal of the Invasive Plants from such other private or public property or public right-of-way in accord with § 10-8.5, the owner shall upon conviction, be liable to the penalty stated in Chapter 1, § 1-5, General Penalty. A summons may be issued per Chapter 10, § 10-4.10. 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.
b.
When an encroachment is upon public property or a public right-of-way
and the Invasive Plants property owner and/or occupant has not complied
with the written notice provided as set forth above, the Borough of
Midland Park, at its discretion, may remove or contract for the removal
of such Invasive Plants from Borough property or the public right-of-way.
The cost of said removal shall be the responsibility of the Invasive
Plants property owner and/or occupant and shall be paid or assessed
as a lien against the property on which the Invasive Plants growth
originated. Such lien may be enforced in the same manner as unpaid
taxes and assessments. The cost of said removal from Borough-owned
property and/or the public right-of-way shall include the installation
of an appropriate barrier to prevent future Invasive Plants invasion
or other suitable remedy approved by the Borough.
[Added 7-13-2023 by Ord. No. 18-2023]
The requirements under this section shall be enforceable by
the Property Maintenance Official and/or Code Enforcement Officer
or designee, including, but not limited to, the Borough Construction
Official or Zoning Officer. The Midland Park Police Department can
also enforce the provisions of this section.
