[Ord. No. 17-80, S1]
This chapter shall be known and may be cited as "The Property Maintenance Code of the Borough of Cliffside Park" and is referred to herein as "this code."
[Ord. No. 17-80, S2]
The purpose of this code is to protect the public health, safety and welfare and to preserve property values by establishing minimum standards governing the maintenance, appearance and condition of premises. This code is hereby declared to be remedial in promoting the public interest and is to be liberally construed to effectuate the purpose as stated herein.
[Ord. No. 17-80, S3]
All buildings and the premises on which they are situated in the borough, used or intended to be used for residential, commercial, business or industrial occupancy, shall comply with the provisions of this code, whether or not such building shall have been constructed altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building, or for the installation or repair of equipment or facilities prior to the effective date of this code. This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building, equipment, or facilities contained therein, except as provided in section 22-5 of this code.
[Ord. No. 17-80, S4]
In any case where the provisions of this code impose a higher standard than set forth in any other ordinances of the borough or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail. If, however, the provisions of this code impose a lower standard than any other ordinances of the borough or under the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
[Ord. No. 17-80, S4]
After the date of enactment hereof, all licenses and permits shall be issued upon compliance with this code as well as compliance with the ordinances under which such licenses and permits are granted.
[Ord. No. 17-80, S5]
Owners and operators shall have all the responsibilities as prescribed in this code and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
Occupants shall have all the duties and responsibilities as prescribed in section 22-8 and all the regulations promulgated thereto and the occupants shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
[Ord. No. 17-80, S6; Ord. No. 2010-03]
The exterior of the premises shall be kept free of litter and all nuisances and hazards to the safety of tenants, occupants, pedestrians and other persons having access to the premises, and free of unsanitary conditions; and any of the foregoing shall be promptly removed and abated. The word "hazards" shall include but is not limited to the following:
a.
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, garbage, trash, rubbish, refuse and debris.
b.
Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
c.
Overhangings. Loose and overhanging objects, and accumulations of snow and ice, which by reason of the location above ground level constitute a danger of falling on persons in the vicinity thereof.
d.
Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow, and excretion of personal pets on paths, outdoor fireplaces, walls, fences, walks, driveways, parking lots and parking areas and other parts of the premises (e.g. exterior porches, landings, balconies, stairs and fire escapes) which are to be accessible to be used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
e.
Recurring accumulation of storm water. Adequate runoff drains shall be provided and maintained in accordance with borough ordinances to eliminate any such recurrent or excessive accumulation of storm water. Leaders and gutters shall be maintained in good condition and capable of performing their functions.
f.
Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
g.
Chimneys and vent attachments thereto. Chimneys, flues and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed and constructed. Chimneys, flues, gas vents and other draft producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable; smoke tight, and capable of withstanding the action of flue gases.
h.
Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained, structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.
i.
Storage of commercial and industrial materials. There shall not be stored or used at a location visible from the sidewalk, street or other public areas, equipment and materials relating to commercial or industrial uses unless permitted under the zoning ordinance for the premises.
j.
General property maintenance. The premises shall be maintained in an orderly state, free from becoming overgrown, littered and unsightly where such would constitute a blighting effect on adjoining and nearby property. Open areas shall be maintained to avoid unsightly or unsafe conditions.
k.
Freedom from accumulations and obstructions. No accumulation or obstruction from garbage, refuse or rubbish shall be permitted on exterior stairways, areaways, balconies, porches, alleyways, except that garbage stored in proper containers may be set out for removal.
l.
Change of topography. No change in the topography of the land shall be made which shall endanger or interfere with the property rights of adjacent or adjoining property owners. In any event, a design plan must be submitted to the building inspector before any change in topography or excavation is made on private property and such change in topography or excavation shall not be made without a permit from the building inspector who has the right to refuse such change if the design plan or the work to be performed by the change in topography may be a detriment to adjacent or adjoining property owners or to the public at large.
m.
Procedure upon failure. If within three days after a notice to remove all grass, weeds, impediments, debris, etc., a property owner or agent fails to remove same, the borough may proceed to utilize municipal employees and/or bid and/or obtain private contractors if said cost does not exceed the bid threshold for the removal of any such grass, weeds, impediments, debris, etc. Upon completion of the municipal clean up process, the municipal official shall submit a certification to the council as to the actual cost of removing said grass, weeds, impediments, hedges, debris, etc. The council upon resolution shall direct the municipal tax collector to charge the cost incurred by the municipality as a lien upon lands in form of property taxes to be assessed or levied upon such lands, same to bear interest at the same rate as taxes and collected and enforced by officers in the same manner as taxes. The aforestated provisions are consistent with N.J.S.A. 40:65-12 and 40:48-2.27.
[Ord. No. 17-80, S7]
The exterior of the premises shall be maintained by the owner or operator so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the Borough of Cliffside Park and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values, including the following:
[Ord. No. 17-80, S7.1]
Where exposed to public view, the landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby properties. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris, excavated material or other unsightly or unsafe conditions.
[Added 7-12-2022 by Ord. No. 2022-10]
a.
No resident, land owner, or landscaping entity or private person, shall use any type of gasoline powered equipment and/or machinery for landscaping of any type on Sundays or Holidays between the hours of 6:00 a.m. and 12:00 Noon.
b.
The enforcement of this section shall be the responsibility of the Borough's Building Department or Police Department or their duly authorized designee.
c.
Violations of this subsection:
First Offense | Written Warning |
Second Offense | $250 fine plus Court Costs |
Third Offense | $500 fine plus Court Costs |
Fourth and Subsequent Offense(s) | $1,000 fine plus Court Costs |
d.
A summons will be issued to both the homeowner/resident wherein the equipment is used, as well as to the person/entity using the gasoline powered equipment.
[Ord. No. 17-80, S7.2]
All permanent signs and billboards exposed to public view permitted by the zoning ordinance and regulated by the building code or other regulations or as a lawful nonconforming use shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or on which the paint has excessively peeled or cracked shall, with the supporting members, be removed forthwith or put into a state of good repair. All non-operative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
[Ord. No. 17-80, S7.3]
All windows exposed to public views shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened by drapes, venetian blinds, or other means of making the windows non-transparent. All screening of interiors shall be maintained in a clean and attractive manner and in good state of repair.
[Ord. No. 17-80, S7.4]
All store fronts and the exteriors of all buildings shall be kept in good repair, painted where required or otherwise provided with protective treatment sufficient to prevent deterioration and shall not constitute a safety hazard nor nuisance. In the event repairs to the store front become necessary, such repairs shall be made in harmony with the original design with the same materials or materials of appearance similar to those used in the construction of the store front in such a manner as to permanently repair the damaged area or areas.
[Ord. No. 17-80, S7.5]
Except for "for rent" signs, any temporary sign or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed (a) at the expiration of the event or sale for which it was erected or posted, or (b) within 30 days after it was erected or posted, whichever shall have occurred sooner. Except during the course of repairs or alterations, not more than 33-1/3 percent of the square footage of any single window or single window display area shall be devoted to temporary signs or other advertising material attached thereto or otherwise exposed to public view.
[Ord. No. 17-80, S7.6]
Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall be so maintained as to not constitute a nuisance or a safety hazard. In the event any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event any such awning or marquee is made of cloth, plastic or similar materials, such materials where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein contained shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.
[Ord. No. 17-80, S7.7]
No temporary painting, scaffolding or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period of 30 days after erection and placement thereof without the permission of the enforcement officer.
[Ord. No. 17-80, S7.8; amended 7-16-2024 by Ord. No. 2024-09]
a. COMMERCIAL OR INDUSTRIAL PREMISE COMMERCIAL PROPERTY EXTERIOR WALL, WINDOW, OR DOOR SECURITY GATE SECURITY WINDOW
Definitions.
Shall mean any external portion of the premise which is exposed to public view.
Shall mean any property or any portion of a property that is used for other than a dwelling unit.
Shall mean any wall, window or door wherein one side is located on the exterior of the building.
Shall mean any system employing bars, gates, shutters, grills, or other similar devices affixed to a structure with the intent of preventing or which prevents access to or from the interior of the structure, including roll-down, accordion, or removable system.
Shall mean any metal or other rigid substances, or glass covering which completely obstructs the view of the interior of the premise to safeguard the premise from vandals, burglars, civil disturbances or other such unlawful acts.
b.
Roll down security gates.
1.
It shall be unlawful for any person owning or occupying any commercial, residential or industrial property to install, maintain, or have any security gate located on the outside of any exterior wall or door which faces a public street.
2.
It shall be unlawful for any person owning or occupying any commercial, residential or industrial property to install, maintain, or have any security gate located on the inside of any exterior wall or door which faces a public street, or residential structure.
3.
Any exterior roll-down security gates existing on the effective date of this Subsection may remain, however, when repaired, shall be relocated to the interior of the premises, replacement shall be prohibited.
c.
Security windows.
1.
It shall be unlawful for any person owning or occupying any commercial, residential or industrial property to install, maintain, or have any security windows located on the outside of any exterior window which faces a public street.
2.
It shall be unlawful for any person owning or occupying any commercial, residential or industrial property to install, maintain, or have any security windows located on the inside of any exterior window which faces a public street.
3.
Any security window existing on the effective date of this subsection may remain, however, when repaired, shall be relocated to the interior of the premise, replacement shall be prohibited.
[Ord. No. 17-80, S8]
The roof of every building shall be maintained watertight and the exterior of every building, including gutters and leaders, shall be maintained in good repair, and all exterior surfaces thereof shall be kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearances. All exterior surfaces thereof shall be maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the building itself may be preserved, safety and fire hazards eliminated, and adjoining property and the neighborhood protected from blighting influences.
[Added 10-5-2021 by Ord. No. 2021-08]
In order to maintain a building's facade in a safe condition, the following requirements shall apply to all existing buildings or buildings constructed, which: (1) are more than three stories in height, and/or (2) consist of a masonry, structural steel, stucco or planking and/or brick attached dwellings in excess of 20 feet:
a.
A visual facade inspection, including photographs, and report under seal shall be conducted every five years by a licensed architect or engineer. This report shall include, but is not limited to, inspection of all exterior walls and appurtenances. This inspection shall be in addition to any other building inspections required by law.
1.
The initial inspection shall be completed by December 31, 2022. Thereafter, a facade inspection must be conducted every five years.
2.
The facade inspection shall include a complete review of the most recently prepared engineering report in possession of the property owner, condominium or cooperative association including, but not limited to, facade, which may be constructed in brick or planking or any other construction material.
3.
The facade inspection shall be conducted in accordance with applicable engineering forms prepared by the Borough Engineer expressly for this Ordinance, which shall be made accessible through the Building Department to all property owners, condominium or cooperative associations.
4.
The property owner, condominium or cooperative association shall be responsible for the cost and municipal review of such inspection, and for any necessary repairs, and/or additional inspections that may be required to bring the building into municipal compliance.
b.
Reporting Requirements. Facade inspections must be complete by December 31 of each year in which an inspection is mandated. Within 30 days of the inspection, property owners, condominium and cooperative Associations must submit a written Facade Inspection Report under seal, prepared by a licensed architect or engineer to the Building Department.
1.
The Facade Inspection Report shall comply with the Inspection Form prepared by the Borough Engineer. The Report shall consist of:
(a)
Certification of the results of such inspection;
(b)
Clearly documenting the condition of the building's facade, inclusive of photographs, noting the conditions as safe or unsafe; and
(c)
Provide repair and maintenance recommendations if applicable, including information on which repairs are emergent and a timeline for which all repairs must be made.
c.
Repairs. If the inspection indicates repairs, if any, are needed to the building or its facade, the property owner, condominium or cooperative association, shall be responsible for such repairs and shall immediately undertake such measures as may be required to secure public safety. All repairs must be made pursuant to the recommendations and timeline set forth in the Facade Inspection Report and in conjunction with the recommendations and approval of the Borough Engineer and Construction Code Official.
[Added 10-5-2021 by Ord. No. 2021-08]
a.
Following completion of the repairs, the licensed architect or engineer shall inspect the building and the property owner, condominium or cooperative association shall file, under seal, an amended Facade Inspection Report, prepared by the licensed architect or engineer, setting forth the conditions of the building with the Building Department within 30 days of repairs being completed.
b.
If repairs are not made in accordance with the recommendations and timeline set forth in the Facade Inspection Report as may be amended, inclusive of the mandated repairs directed by the Construction Code Official and/or Borough Engineer, the Construction Code Official shall have the power to "Redtag" the building and order the evacuation of residents who are residing in the building that is an imminent threat to the safety and welfare of the occupants or residents of Cliffside Park.
c.
The facade inspection and subsequent inspection shall be conducted in accordance with applicable inspection guidelines promulgated by the Borough's Engineer with the advice and consent of the Construction Code Official.
d.
If the Construction Code Official orders the evacuation of any or all residents, the property owner or condominium or cooperative association shall be fully responsible for all relocation costs including temporary housing not to exceed 120 days. If the relocation requirement exceeds 120 days, the Borough and property owner, condominium or cooperative association shall review the emergent housing situation and develop a reasonable housing alternative. The entire relocation cost shall be the obligation of the property owner, condominium or cooperative association who shall tender payment to the Borough within 10 business days of receipt of invoice. If the property owner, condominium or cooperative association shall fail to reimburse the Borough for their out-of-pocket relocation expenses, the Council shall have the authority upon resolution and notice of said resolution to the property owner or condominium or cooperative association to place a real property tax lien on the property.
[Added 10-5-2021 by Ord. No. 2021-08]
a.
The fee for the filing and review of the Facade Inspection Report shall be as follows:
b.
If after 30 days the property owner, condominium or cooperative association fails to repair the building per the report, the Borough shall have the right but not the obligation to have the building repaired at the expense of the property owner, condominium or cooperative association with the right to lien, upon resolution, and notice to recoup all expenses.
[Added 10-5-2021 by Ord. No. 2021-08]
a.
If the property owner, condominium or cooperative association fails to remedy any construction issue noted in the report as needed to be repaired within the time period established by the Borough's Construction Code Official and Borough Engineer and any reasonable extensions thereto, the property owner, condominium or cooperative association shall be issued a summons for each day the restoration work is not completed as follows:
Days 1-5 | $1,000 per day |
Days 6-10 | $2,000 per day |
Days 11-17 | $3,000 per day |
Days 18-25 | $4,000 per day |
Days 26 until completion of work to the satisfaction of the Construction Code Official and Borough Engineer | $5,000 per day |
b.
Each day shall be deemed a separate offense.
[Added 10-5-2021 by Ord. No. 2021-09]
Structural Inspection Requirement. In order to maintain a building's structural integrity, the following requirements shall apply to all existing buildings or buildings constructed of steel, stick, brick, stucco or fabricated panel facades, and/or concrete buildings more than four stories in height or buildings consisting in excess of 12 residential units:
a.
A visual structural inspection, including photographs and a report under seal shall be conducted and submitted to the Borough every 10 years by a licensed architect or engineer. This report shall include, but is not limited to, inspection of foundations, balconies, all structural members, and waterproofing. This inspection shall be in addition to any other building inspections required pursuant to this ordinance or required by state building codes.
1.
The initial inspection shall be completed by December 31, 2022. Thereafter, a structural inspection shall be conducted every 10 years thereafter.
2.
The structural inspection shall include a complete review of the most recently prepared engineering report in possession of the property owner condominium or cooperative association including, but not limited to, roof, structural integrity, facade, boiler, et seq.
3.
The structural inspection shall be conducted in accordance with the applicable engineering forms prepared by the Borough Engineer expressly for this section, which shall be made accessible through the Building Department to all property owners, condominium or cooperative associations.
4.
The property owner, condominium or cooperative association shall be responsible for the cost and municipal review of such inspection, and for any necessary repairs or additional inspections that may be required to bring the building into municipal compliance.
b.
Reporting Requirements. Structural inspections must be completed by December 31 of each year in which an inspection is mandated. Within 30 days of the inspection, Property Owners must submit a written Structural Inspection Report under seal, prepared by a licensed architect or engineer to the Building Department.
1.
The Structural Inspection Report shall comply with Inspection Forms prepared by the Borough Engineer. The Report shall consist of:
(a)
Certification of the results of such inspection;
(b)
Clearly document the condition of the building's structure, inclusive of photographs, noting the respective conditions as safe or unsafe; and
(c)
Provide repair and maintenance recommendations if applicable, including information on which repairs are emergent and a timeline for which all repairs must be made.
c.
Repairs. If the inspection indicates structural or that any repairs are needed, the property owner or condominium or cooperative association shall be responsible for such repairs and shall immediately undertake such measures as may be required to secure public safety. All repairs must be made pursuant to the recommendations and timeline set forth in the Structural Inspection Report and in conjunction with the recommendations and the approval issued by the Construction Code Official and Borough Engineer.
[Added 10-5-2021 by Ord. No. 2021-09]
a.
Following completion of the repairs, the licensed architect or engineer shall inspect the building and the property owner, condominium or cooperative association shall file, under seal, an amended Structural Inspection Report, prepared by the licensed architect or engineer, setting forth the conditions of the building with the Building Department within 30 days of repairs being completed.
b.
If repairs are not made in accordance with the recommendations and timeline set forth in the Structural Inspection Report as may be amended, inclusive of the mandated repairs directed by the Construction Code Official and/or Borough Engineer; the Construction Code Official shall have the power to "Redtag" the building and order the evacuation of any residents, who are residing in a building that is an imminent threat to the safety and welfare of the occupants and/or residents of Cliffside Park.
c.
The structural inspection and subsequent inspection shall be conducted in accordance with applicable inspection guidelines promulgated by the Borough's Engineer with the advice and consent of the Construction Code Official.
d.
If the Construction Code Official orders the evacuation of any or all residents, the property owner or condominium or cooperative association shall be fully responsible for all relocation costs including temporary housing not to exceed 120 days. If the relocation requirement exceeds 120 days, the Borough and property owner, condominium or cooperative association shall review the emergent housing situation and develop a reasonable housing alternative. The entire relocation cost shall be the obligation of the property owner, condominium or cooperative association who shall tender payment to the Borough within 10 business days of receipt of invoice. If the property owner, condominium or cooperative association shall fail to reimburse the Borough for their out-of-pocket relocation expenses, the Council shall have the authority upon Resolution and notice of said Resolution to the property owner or condominium or cooperative association to place a real property tax lien on the property.
[Added 10-5-2021 by Ord. No. 2021-09]
a.
The fee for the filing and review of the Structural Inspection Report shall be as follows:
b.
If after 30 days the property owner, condominium or cooperative association fails to repair the building per the report, the Borough shall have the right but not the obligation to have the building repaired at the expense of the property owner, condominium or cooperative association with the right to lien, upon resolution and notice to recoup all expenses.
[Added 10-5-2021 by Ord. No. 2021-09]
a.
If the property owner, condominium or cooperative association fails to remedy any construction issue noted in the report as needed to be repaired within the time period established by the Borough's Construction Code Official and Borough Engineer and any reasonable extensions thereto, the property owner, condominium or cooperative association shall be issued a summons for each day the restoration work is not completed as follows:
Days 1-5 | $1,000 per day |
Days 6-10 | $2,000 per day |
Days 11-17 | $3,000 per day |
Days 18-25 | $4,000 per day |
Days 26 until completion of work to the satisfaction of the Construction Code Official and Borough Engineer | $5,000 per day. |
b.
Each day shall be deemed a separate offense.
[Ord. No. 17-80, S9]
Floors, interior walls and ceiling of every structure used for human habitation shall be structurally sound and maintained in good repair and in a clean and sanitary condition. Floors shall be considered to be structurally sound when capable of safely bearing normally imposed loads. Walls and ceilings shall be considered to be in good repair when clean, free from cracks, breaks, loose plaster, excessive blistering paint and similar conditions.
The enforcement officer may order the owner to clean, repair, paint, whitewash or paper such walls, floors or ceilings when a wall, floor or ceiling has deteriorated as to provided a harborage for rodents or vermin, or the plaster wallboard or other covers have become loose or badly cracked or missing. Nothing in this section shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in subsection 22-13.2.
[Ord. No. 17-80, S9.1]
Bathroom and water closet compartment floors, walls and ceilings, where deemed necessary by the enforcement officer, shall be surfaced with water resistant material and shall be kept dry, clean and sanitary condition at all times.
[Ord. No. 17-80, S9.2]
Supporting structural members shall be kept structurally sound, free from deterioration and capable of safely bearing imposed loads.
[Ord. No. 17-80, S9.3]
In buildings containing not more than four occupancy units, it shall be the responsibility of each of the occupants. In buildings containing more than four occupancy units, it shall be the responsibility of the owner and operator to furnish such receptacles as are needed for the proper storage of garbage and rubbish until removal thereof and to provide for the periodic removal of all garbage and rubbish from the premises in accordance with the regulations and ordinances of the Borough of Cliffside Park.
[Ord. No. 17-80, S9.4]
Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:
a.
Such rubbish or garbage is stored in water-tight receptacles and covered with tight fitting lids;
b.
Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition;
c.
When rubbish and garbage are stored inside the building, the room or area, the room or area containing such rubbish and garbage shall be so constructed or protected as to prevent the spread of fire to other parts of the building or buildings.
[Ord. No. 17-80, S9.5]
Rubbish and garbage shall be readily accessible for collection, stored in such manner as to constitute the least likelihood of becoming a fire hazard and shall be placed or kept on the property within the building located thereon or not nearer to the street line than the face of the building, whichever distance from the street line is the greater, except during any "clean-up week" proclaimed by the borough council.
[Ord. No. 17-80, S9.6]
Flammable or combustible liquids or other materials shall not be stored on the premises unless they are of a type approved for storage by regulation of the fire department and then only in such quantities and in such fireproof storage containers as may be prescribed by the Cliffside Park Fire Prevention Code as contained in the BOCA Code.
[Ord. No. 17-80, S9.7]
Every occupant of a single occupancy unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises. Whenever infestation exists in one or more of the occupancy units in any building or in the common parts of any building containing two or more occupancy units, extermination thereof shall be the responsibility of the owners and operator.
[Ord. No. 17-80, S10]
No person owning or occupying any property within Cliffside Park shall permit any "parking area" or "private street" to become deteriorated and shall maintain such parking area and private street in good repair, smoothly graded, hard-surfaced and adequately drained. All dangerous parking areas and private streets within the terms of this chapter are hereby declared to be a public nuisance and shall be repaired and maintained as hereinafter provided.
[Ord. No. 17-80, S10.1]
The following standards shall be followed in substance by the building inspector in ordering repairs and maintenance:
a.
If a dangerous parking area or private street can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired;
b.
Restoration and repair shall be in accordance with the specifications of the Borough of Cliffside Park as approved by the borough engineer;
c.
The surface shall conform to proper grade for entrance and exit onto the public thoroughfares;
d.
Owner and occupant shall notify the borough building inspector before repair work is commenced;
e.
During repair work, every reasonable and necessary precaution shall be taken by the owner or occupant to keep the area free of safety hazards.
[Ord. No. 17-80, S11]
Every building shall be provided with electric service where required in accordance with the standard of the National Electrical Code, as amended from time to time.
[Ord. No. 17-80, S11.1]
Every bathroom and water closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wall plates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water supply fixture.
[Ord. No. 17-80, S11.2]
Maximum fuse sizes as specified by the National Electrical Code, as amended from time to time, shall be posted conspicuously on the inside cover of all fuse boxes and no fuse shall be installed therein in excess of the stated maximum. Owners and operators shall not be held responsible for violations in fuse sizes where the correct maximum size is stated and the fuse box is located within any part of the building which is the exclusive possession of an occupant or occupants other than the owner.
[Ord. No. 17-80, S11.3]
In the absence of any written contract or agreement to the contrary, it shall be the duty and responsibility of the owner or person in charge of any building to supply heat sufficient to maintain a minimum inside temperature of 70 degrees Fahrenheit from 6:00 a.m. to 11:00 p.m. and 65 degrees Fahrenheit from 11:00 p.m. to 6:00 a.m. in all units, offices and stores therein, except in rooms specifically designed for cold temperatures. The temperatures shall be taken as close as possible to the center of the room at a height approximately three feet above the floor.
[Ord. No. 17-80, S12]
Upon discovery by an occupant of any condition on the premises which constitutes a violation of this code, the occupant shall report the same to the enforcement officer.
[Ord. No. 17-80, S13]
The building inspector is hereby designated to supervise and direct all inspections, regulations, enforcements and hearings on violations of the provisions of this code, unless expressly stated to the contrary. Other public officials or employees of the borough may be designated by ordinance or the building inspector to perform duties as may be necessary to the enforcement of this code, including the making of inspections and holdings of hearings.
[Ord. No. 17-80, S13.1]
All buildings and exterior premises are subject to inspections from time to time by the enforcing officer of the borough. At the time of such inspections, parts of the exterior premises must be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections.
[Ord. No. 17-80, S13.2]
Where a violation of this code or the regulations hereunder is found to exist, a written notice from the enforcing officer shall be served on the person or persons responsible for the correction thereof. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 32 days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order ten days after service, unless a hearing is requested pursuant to section 22-13. The notice shall also advise the recipient that, if the violation is not corrected or abated, the municipality may do the same, the cost of which shall become a lien on the subject property. Notice may be served personally or by registered mail. In the case of an occupant, notice may be posted upon the door of the structure. Where it is ascertained that the owner does not reside on the premises, the "last known address" shall be that shown in the office of the tax assessor; and if the last known address cannot be ascertained, notice shall be printed in the legal advertising media of the Borough of Cliffside Park at least once weekly for two weeks successively. Date of service of the notice shall be determined as the day following the day of mailing of the notices, or the next regular delivery date.
[Ord. No. 17-80, S13.3]
Within ten days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice serves a written request within the ten day period in person or by registered mail on the building inspector. Such request for a hearing shall set forth briefly the reasons for which the request is based and the factual matters contained in the notice of violation to be disputed at the hearing. Upon receipt of the request, the building inspector shall set the matter down for hearing within 30 days therefrom and upon five days' notice to the aggrieved party.
[Ord. No. 17-80, S13.4]
At any hearing provided hereunder, the building inspector shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena ten days from the completion of the hearing. The building inspector shall issue an order either incorporating the determinations and directions contained in the notice, modifying same or withdrawing of the charges.
[Ord. No. 17-80, S13.5]
The building inspector may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended 90 days beyond the expiration date of the original notice.
[Ord. No. 17-80, S13.6]
Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the building inspector may either abate the violation or condition or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the building inspector shall abate the condition immediately thereafter.
[Ord. No. 17-80, S13.7]
Where abatement of any nuisance as defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to conform to the municipal ordinances or State law applicable thereto requires expending borough monies therefor, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the building inspector with an estimate of the cost thereof along with a summary of the proceedings undertaken to secure compliance including the notices served upon the owners, operators, lessors or agents, as the case may be, and hearing and orders of the building inspector with reference thereto. The building inspector may thereupon determine to order the abatement of the nuisance and correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the borough and laws of the State. The enforcing officer may thereafter proceed to have the work performed in accordance with such order at borough expense, not to exceed the amount specified in the order, and shall upon completion thereof submit a report of the monies expended and costs to the building inspector. After review of the same, the borough council may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the borough clerk and filed with the tax collector of the borough who shall be responsible for the collection thereof, and a copy of this resolution shall be sent by registered mail to the owner.
[Ord. No. 17-80, S13.8]
Where there exists a violation of this code, an owner or operator upon receipt of the notice of violation and if unable to eliminate the violation by peaceable means within the period of time specified in such notice, may commence within such period legal action to dispossess, evict or eject the occupants who cause the violation. No further action hereunder shall then be taken against the owner or operator so long as the action aforesaid is pending in the court and is prosecuted expeditiously and in good faith.
[Ord. No. 17-80, S13.9]
No notice shall be required on the enforcement of section 22-10 hereof, as to the removal of accumulated snow or ice from paths, walks, driveways, ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where such snow and ice remain uncleared within 24 hours after the termination of the snowfall.
Where the building inspector, after hearing, shall determine that there was a violation and notice served upon the owner, operator or occupant and within the space of one year thereafter, there shall be a second violation by the same owner, operator or occupant of the same provision of this code on the same premises, the offender may be prosecuted on the second violation without the enforcing officer first serving notice and giving the opportunity for a hearing to the owner, operator or occupant by the filing of a complaint by the enforcing officer with the municipal court.
Where the building inspector has on two different occasions found violations by the same owner, operator or occupant on the same premises and has issued notices on each and has held at least one hearing and issued an order thereon, and upon discovering a third or subsequent violation by the same owner, operator or occupant on the same premises within the space of one year of any section of this code, he may thereupon prosecute the offender by filing a complaint with the municipal court for the violation without first providing notice and opportunity for a hearing by the building inspector.
[Ord. No. 17-80, S14; amended 3-20-2023 by Ord. No. 2023-03]
Violation of any section or subsection of the Property Maintenance Code shall be subject, upon conviction, to a penalty not less than five hundred ($500.00) dollars, nor more than five thousand ($5,000.00) dollars per offense. Each violation of a section or subsection of this code shall constitute a separate offense and a distinct violation. Each day’s failure to comply with such section or subsection shall also constitute a separate offense and a distinct violation. The Municipal Magistrate shall have the option in the interest of justice and equity to impose the fines as required or waive or structure any other equitable relief, plus Court costs.
[Ord. No. 17-80, S14.1]
Where an operator, owner or occupant has been convicted of a violation of this code and within one year thereafter has been found guilty by the judge of the municipal court of a second violation, the court may, if it finds that the second violation was willful and inexcusable, sentence the offender in addition to or in lieu of the fine set forth in section 22-14 hereof to imprisonment in the county jail for a period not to exceed 90 days.
[Ord. No. 17-80, S14.2]
Where the defendant is other than a natural person or persons, section 22-14 shall also apply to any agent, superintendent, officer, member, or partner who shall alone or with others have charge, care or control of the premises.
[Ord. No. 17-80, S14.3]
In the event of the imposition of a fine or penalty by the municipal court or any other court of competent jurisdiction against the owner, operator or occupant of any building or structure in the borough, the fine or penalty shall be collectible as a lien against the premises, in addition to any other remedies now provided by law.
[Ord. No. 17-80, S15]
The repeal of any provisions of any other ordinances by this code shall not affect any action for prosecution or abatement under any such ordinance or any notice, complaint or order issued by any officer or agency of the borough prior to the effective date hereof or concerning which any prosecution or other steps of enforcement have been taken or are being taken within any administrative agency or in the municipal court for enforcement thereof.
[Ord. No. 17-80, S16]
The building inspector is hereby authorized and empowered to promulgate such written rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this code, provided that such rules and regulations do not conflict with this code and conform to the general standards prescribed by this code.
[Ord. No. 17-80, S17]
Whenever an owner, operator, occupant, prospective purchaser, mortgagee or prospective occupant shall apply to the enforcing officer for an inspection in order to ascertain if any section of this code has been violated, the enforcing officer shall, upon payment of the fee hereunder stated, cause an inspection to be made of the premises and issue an informational certificate or report of the inspection to the applicant, indicating therein any violations of this code on the premises. The applicant for such inspection shall state in writing his full name, residence and the reasons for which the inspection is requested. The enforcing officer may deny the application for failure to comply with this requirement.
[Ord. No. 17-80, S17.1]
Where, in lieu of an inspection, an owner, operator, occupant, lessee, prospective purchaser, mortgagee or prospective occupant requests a status report as to whether or not there are any known violations presently pending on the premises, upon payment of the fee prescribed herein, a copy of any notice or order on any violation then pending shall be sent to the applicant.
[Ord. No. 17-80, S17.2]
No inspection report issued under this section or status report issued under this section shall be construed as providing a defense against any violation of this code or any other ordinance of the borough which may be discovered thereafter whether or not the condition or violation existed at the time of any such inspection or status report. The inspection or status report is provided as a convenience to the public and shall not constitute a limitation on the full enforcement of this code. The inspection or status report shall include only such matters as are embraced in this code.
[Ord. No. 17-80, S18]
If any section, subsection, paragraph, sentence, clause, phrase or word contained in this code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this code, which shall remain in full force and effect, and to the end the provisions of this code are hereby declared to be severable.
[Added 2-7-2023 by Ord. No. 2023-02]
[Added 2-7-2023 by Ord. No. 2023-02]
As used in this section:
Means the Commissioner of the Department of Community Affairs.
Means Department of Community Affairs.
Means Department of Community Affairs.
Means the New Jersey Department of Health.
Means a sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development (HUD).
Means a building containing a room or rooms, or suite, apartment, unit, or space, that is rented and occupied or intended to be rented and occupied for sleeping and dwelling purposes by one or more persons.
Means a unit within a building that is rented and occupied or intended to be rented and occupied for sleeping and dwelling purposes by one or more persons.
Means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs and as it is defined under 42 U.S.C. § 4851b and regulations implemented pursuant thereto.
Means a set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by N.J.A.C. 5:17.
Means a firm certified by the Department to perform lead abatement work pursuant to N.J.A.C. 5:17.
Means an individual certified by the New Jersey Department of Health (DOH) to perform lead abatement work pursuant to N.J.A.C. 8:62.
Means a firm certified by the Department to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17. This includes the ability to perform dust wipe sampling.
Means that a dwelling or dwelling unit has been confirmed to have fully abated all lead-based paint hazards or that no lead-based paint exists in the dwelling or dwelling unit.
Means an individual certified by DOH to perform lead inspection and risk assessment work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe sampling.
Means that a dwelling has no outstanding lead-based paint hazards, but the dwelling is not necessarily lead free.
Means interim controls, as defined above. Note that this definition is specific to lead-based paint inspections in rental dwellings and is not to be confused with the lead hazard control work as defined within the Department's regulations for Lead Hazard Evaluation and Abatement, N.J.A.C. 5:17.
Means paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law.
Means any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present in surfaces, that would result in adverse human health effects.
Means the certification issued pursuant to the regulations promulgated pursuant to P.L. 2021, c. 182, which confirms that a periodic inspection, as defined below, was performed, and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance.
Means any building or structure and any land appurtenant thereto, and any portion thereof, in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other.
Multiple dwelling also means any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied or intended to be occupied by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. |
Multiple dwelling does not include those buildings and structures that are excluded by statute (See N.J.S.A. 55:13A). |
Means the initial inspection of all applicable dwelling units at the earlier of two years from the effective date of P.L. 2021, c. 182, July 22, 2022, or tenant turnover, and thereafter the earlier of three years or upon tenant turnover for the purposes of identifying lead pursuant to P.L. 2021, c. 182.
Based paint hazards in dwellings subject means a local, municipal agency maintained for the purpose of conducting inspections and enforcing laws, ordinances, and regulations concerning buildings and structures within its jurisdiction. This may include local building agencies, health agencies, and housing agencies.
Means interim controls or lead abatement work undertaken in conformance with this section to address lead-based paint hazards. Remediation is often used synonymously with interim controls and does not include abatement; however, in the context of P.L. 2021, c. 182, remediation is defined as encompassing both interim controls and abatement.
Means the time at which all existing occupants vacate a dwelling unit, and all new tenants move into the dwelling unit or the time at which a new tenant enters a vacant dwelling unit.
Means a visual examination for deteriorated paint or visible surface dust, debris, or residue.
[Added 2-7-2023 by Ord. No. 2023-02]
Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et seq., and N.J.S.A 55:13A-1 et seq.
[Added 2-7-2023 by Ord. No. 2023-02]
The owner, landlord and/or agent of every single-family, two-family, and/or multiple dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date of the law, July 2, 2022, or upon tenant turnover, whichever is earlier. In any event, the First Inspection must take place on or before July 22, 2024.
[Added 2-7-2023 by Ord. No. 2023-02]
a.
After the initial inspection required by Subsection 22-19.3, the owner, landlord, and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
b.
In accordance with P.L. 2021, c. 182, single-family, two-family, and multiple rental dwellings must be inspected for lead-based paint hazards, except for the following:
1.
Dwellings that were constructed during or after 1978.
2.
Single-family and two-family seasonal rental dwellings which are rented for less than six-months duration each year by tenants that do not have consecutive lease renewals. This exemption for seasonal rental dwellings does not extend to seasonal multiple dwellings.
3.
Dwellings that have been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17-3.16(b) either after an abatement is completed or an evaluation has confirmed that there is no lead-based paint in the dwelling.
4.
Multiple rental dwellings that have been registered with the Department of Community Affairs for at least 10 years and have no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law" (N.J.S.A. 55:13A-1). Cyclical inspections currently occur every five years in multiple dwellings.
(a)
This means that all multiple dwellings constructed prior to 1978 and registered with the Department for at least 10 years that have a certificate of inspection issued by the Department of Community Affairs, Bureau of Housing Inspection, are exempt from this requirement. A certificate of inspection means there are no outstanding violations.
[Added 2-7-2023 by Ord. No. 2023-02]
a.
For nonexempt units, after the initial inspection, units shall be inspected pursuant to the following:
1.
An inspection upon tenant turnover is not required if the owner has a valid lead-safe certificate;
2.
Lead-safe certificates are valid for two years;
3.
If the lead-safe certificate has not expired upon tenant turnover, the next inspection will be three years from the prior inspection.
4.
If the lead-safe certificate has expired upon tenant turnover (i.e., more than two years after the issuance of the certificate, but before the three-year mark), an inspection is required upon tenant turnover;
5.
An inspection upon tenant turnover will reset the three-year inspection requirement, or reletting of the dwelling, whichever event is first to occur;
6.
If it is determined upon inspection that no lead-based paint hazards exist in a dwelling, the lead evaluation contractor or local enforcing agency shall certify the dwelling unit as lead-safe. The lead-safe certification is valid for a period of two years.
[Added 2-7-2023 by Ord. No. 2023-02]
If lead-based paint hazards are found during an inspection, the owner of the dwelling unit shall remediate the lead-based paint hazard by using lead-based paint hazard control methods including interim controls or abatement, as outlined in this section.
[Added 2-7-2023 by Ord. No. 2023-02]
a.
Interim controls are statutorily mandated measures designed to temporarily reduce human exposure to lead-based paint hazards.
b.
Interim controls may also be appropriate if the housing unit is slated for demolition or renovation;
c.
Interim control measures include the following:
1.
Paint Stabilization: All deteriorated pain on exterior surfaces shall be stabilized in accordance with the HUD Guidelines.
2.
Smooth and cleanable surfaces:
(a)
All surfaces, such as floors, stairs, and interior windowsills, that are rough, pitted, or porous shall be made smooth;
(b)
Minor surface damage may be correctable by spackling and recoating. If more practical the area shall be covered or coated with plastic, sheet vinyl, linoleum, or another comparable material.
[Added 2-7-2023 by Ord. No. 2023-02]
a.
If interim controls are unlikely to be effective, then abatement procedures shall be implemented.
b.
All abatement work must be undertaken in accordance with the State regulations for Lead Hazard Evaluation and Abatement, which are described in N.J.A.C. 5:17;
c.
Abatement:
1.
The removal of lead-based paint by mechanical methods. Acceptable procedures include wet scraping, wet sanding, and nonabrasive blasting;
2.
Abatement constitutes the systematic removal of any building component which contains a lead- based paint hazard.
(a)
New components shall not be brought into the working area until all dust-generating activity is completed and has been cleaned to ensure the new component is not exposed to lead hazards.
3.
Required procedures include enclosing lead-based paint hazards behind other materials.
[Added 2-7-2023 by Ord. No. 2023-02]
a.
After remediation, whether through interim controls or abatement, the municipality or lead evaluation contractor shall perform an additional inspection within 60 days of the initial periodic lead-based paint inspection to conclude there are no other lead-based paint hazards.
b.
Upon reinspection of remediated dwellings, using interim controls, if it is determined that no lead-based paint hazards are found, the municipality or inspector shall certify the dwelling to be lead safe pursuant to P.L. 2021, c. 182. The certificate will be valid for two years.
c.
Pursuant to N.J.A.C. 5:17-9.1, post abatement results and the receipt of the lead abatement clearance certificate, issued at the final clearance inspection shall exempt the dwelling from future inspections pursuant to P.L. 2021, c. 182.
[Added 2-7-2023 by Ord. No. 2023-02]
b.
Municipal Investigations:
1.
Failure to comply with the requirements of P.L. 2021, c. 182, shall result in the issuance of penalties.
2.
If a property owner has failed to comply with the requirements of this section, the property owner shall be given 30 days from the date of the determination to cure any violation by either obtaining a new inspection or by initiating remediation.
3.
If the violations are note remediated within 30 days, the owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated. Remediation efforts are considered initiated when the owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control methods.
[Added 2-7-2023 by Ord. No. 2023-02]
Notwithstanding any other fees due pursuant to this Chapter, the following fees shall be paid:
a.
Certification Submission and Administrative Fee. The Borough shall not permit the dwelling owner or landlord to hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements utilizing the services of Certified Lead Paint Inspection.
b.
The Borough shall retain and dispatch Certified Lead Based Paint Inspectors who shall be responsible for inspection for all rental units per this section.
c.
Upon requesting acceptance per this section, the property owner shall submit payment to the Building Department of $20 as an administrative fee plus a State fee of $20 per unit, dedicated for deposit into the Lead Hazard Control Assistance Fund.
[Added 2-7-2023 by Ord. No. 2023-02]
A copy of the Lead Safe Certificate is attached hereto and incorporated herein as if set forth in its entirety.
Editor's Note: The Lead Safe Certificate is on file in the Borough offices.
[Ord. No. 2013-05; Ord. No. 2016-02]
The Borough of Cliffside Park does hereby adopt the 2015 Edition of the International Property Maintenance Code which will regulate and govern the conditions and maintenance of all property, buildings and structures by providing the standards for supplies and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; the condemnation of buildings and structures unfit for human occupancy and use, the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees; each and all of the regulations provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Building Department; hereby referred to, adopted, and made a part hereof, as if fully set forth in this ordinance with the additions, insertions, deletions and changes, if any prescribed in subsection 22-20.2 of this section.
[Ord. No. 2013-05]
The following sections are hereby revised:
2.01 Section 101.1. Title. These regulations shall be known as the International Property Maintenance Code of the Borough of Cliffside Park, hereinafter referred as "this Code."
2.02 Section 103.5. Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule.
[INSERT APPROPRIATE SCHEDULE.] |
2.03 Section 112.4. Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250.00 (two hundred fifty dollars) or more than $1,000.00 (one thousand dollars) per offense; each day of non-compliance shall be deemed a separate offense.
2.04 Section 302.4. Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, the property owner or tenant shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds, growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. This ordinance permits the tax collector to issue a municipal lien on the property to ensure collection.
2.05 Section 304.14. Insect Screens. During the period from May to October 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
2.06 Section 602.3. Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1, to maintain a temperature of not less than 68°F (20°C) in all habitable rooms including, bathrooms and toilet rooms.
Exceptions: |
1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code which is incorporated herein as if set forth in its entirety. |
2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. |
2.07 Section 602.4. Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 1 to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
Exceptions: |
1. Processing, storage and operation areas that require cooling or special temperature conditions. |
2. Areas in which persons are primarily engaged in vigorous physical activities. |