[Ord. No. 2013-15]
That a certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Fair Haven, being marked and designated as the International Property Maintenance Code, 2012, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Fair Haven, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Fair Haven are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in subsection 14-1.2 of this section.
[Ord. No. 2013-15]
The following sections are hereby revised:
Section 101.1. Insert: Borough of Fair Haven
Section 112.4. Insert:
Section 302.4. Insert: 12 Inches
Section 602.3. Insert: October 1st through May 1st
Section 602.4. Insert: October 1st through May 1st
[Ord. No. 2013-15]
That Ordinance Section 14-1.1 through 14-1.7 of the current Property Maintenance Code and all other ordinances or parts of laws in conflict herewith are hereby repealed.
[Ord. No. 2013-15]
That if any section, subsection, sentence, clause or phrase
of this legislation is, for any reason, held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of this ordinance. The Borough Council hereby declares that it would
have passed this law, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
[Ord. No. 2013-15]
That nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection 14-1.3 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
[2002 Code § 8.20.080]
a.
Exterior of Premises. The exterior of all premises shall be kept
free from hazards and nuisances which include but are not limited
to the following:
1.
Garbage and rubbish, as defined in this section;
2.
Unsafe Structures. Structurally unsafe or unsound buildings, structures
or fences or abandoned, uncovered or structurally unsound walls, shafts,
towers, exterior cellar openings, basement hatchways, foundations
or excavations and abandoned septic tanks or cesspools;
3.
Discarded appliances and plumbing fixtures, abandoned refrigerators,
boilers, hot water heaters, television sets and other similar major
appliances, sinks, bathtubs, commodes and other plumbing fixtures;
4.
Overhangings. Loose and overhanging objects whether natural or manmade,
and accumulations of ice and snow which by reasons of locations above
ground level constitute a threat to the health and safety of people
if caused to fall;
5.
Ground Surface Hazards. Hidden or uncovered ground or surface hazards,
such as holes, sudden depressions, excavations, sharp or jagged projections
or obstructions;
6.
Recurring Accumulation or Stormwater. Stagnant surface or groundwater
accumulations of water which create or are likely to create insect
breeding areas;
7.
Infestation. Rodents, vermin, pest infestations, and conditions causing
same;
8.
Lawn and Landscaping. Overgrowth or neglect of reasonable maintenance
of landscape plantings, and ground covers including failure to remove
in a timely manner dead or diseased trees and shrubbery or parts thereof;
9.
Nuisances, as defined in this section;
10.
Inoperable Vehicles. Vehicles or parts thereof, including boats and
trailers, motorized or not, regardless of whether licensed or registered,
which vehicles or parts thereof have been dismantled or are in a state
of visible disrepair or in an abandoned condition;
11.
Parking. All operable vehicles parked on the premises or residential home shall be parked in a garage, on the driveway or on a maintained parking area constructed with cement, asphalt, gravel or other pavement type material, which is an extension of the driveway provided, however, that operable boats, trailers and recreational vehicles may also be parked as provided in Chapter 30, Land Use and Development.
(a)
Excepted are: (i) Emergency vehicles while responding to calls,
(ii) service vehicles temporarily on the premises for the purpose
of rendering a service to the premises or the occupants of the premises;
b.
Structural Soundness. Every structure and accessory structure and
every part thereof shall be kept structurally sound and in a state
of good repair to avoid safety, health or fire hazards including but
not limited to the following:
1.
Foundation Walls. Inadequate or unsafe foundation walls, piers and
columns and other similarly unsound, damaged or defective loadbearing
components which are incapable of supporting the imposed loads safely
at all points;
2.
Exterior Porches, Landings, Balconies, Stairs and Fire Escapes. Structurally
unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe
exterior portions of buildings or structures, including but not limited
to porches, landings, balconies, stairways, handrails, steps, walls,
overhangs, roofs, fences, supporting members, timbers, abutments,
fire escapes, signs and eaves, crumbling or falling bricks, blocks,
mortar or plaster;
3.
Projecting Surfaces. 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;
4.
Windows, Doors, Etc. Broken glass or windows, rotten, missing or
substantially destroyed window frames and sashes, door frames, exterior
doors or other junior exterior component parts of buildings or structures;
5.
Exterior Walls, Sidings and Roof. Exterior walls, sidings, gutters
and leaders and roofs shall be kept structurally sound in good repairs
and free from defects;
6.
Exterior Chimneys. Exterior chimneys 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.
c.
Steps, Walks, Driveways and Parking Lots. Steps, walks, driveways,
parking areas, parking lots, parking spaces and similar areas shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled,
or necessary repairs or replacement shall be performed promptly.
[2002 Code § 8.20.090]
a.
Enforcement Officer. It shall be the duty and responsibility of the
Code Enforcement Officer to enforce the provisions of the Property
Maintenance Code as herein provided. "Code Enforcement Officer," shall
also mean subordinates of the Code Enforcement Officer.
b.
Coordination of Enforcement. Inspection of premises and the issuing
of orders in connection therewith under the provisions of the Property
Maintenance Code shall be the exclusive responsibility of the Code
Enforcement Officer. Wherever in the opinion of the Code Enforcement
Officer it is necessary or desirable to have inspections of any condition
by any other department, he shall arrange for this to be done. No
order for correction of any violation under the Property Maintenance
Code shall be issued without the approval of the Code Enforcement
Officer.
c.
Inspection.
1.
The Code Enforcement Officer is authorized to enter upon any land
at any reasonable time for the purpose of performing his duty, with
the consent of the property owner.
2.
In the event a property owner refuses such consent the Enforcement
Officer is authorized to apply to the Judge of the Municipal Court
for an administrative search warrant. The Judge may issue such warrant
upon review of an affidavit of the Enforcement Officer setting forth
the following:
(a)
The precise regulatory purpose of the proposed search;
(b)
The frequency of previous requests for such warrants affecting
the subject premises, if any;
(c)
The exact scope of the search sought, setting forth the area
or areas of the premises to be searched; and
(d)
The exact manner in which the search is to be conducted;
(e)
All warrants so issued shall be limited to the purpose, scope
and manner of the search as set forth in the affidavit and all searches
conducted pursuant to this section shall be as strictly set forth
in such warrants.
3.
No search conducted pursuant to such administrative search warrant
shall take place other than during the hours of 8:00 a.m. to 6:00
p.m., unless the Code Enforcement Officer demonstrates that an emergency
exists and the public health, safety and welfare requires such search
during earlier or later hours, as the case may be.
4.
The inspections authorized hereunder are in addition to those which
may be authorized by the laws of the State of New Jersey.
d.
Enforcement Procedure. Whenever an Enforcement Officer determines
that there is or has been a violation of any provision of this section,
he shall give notice of such violation to the person, persons, or
entities responsible therefor under this section. 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 copy thereof is sent by regular mail to the last known address
of the person or entity upon which the same is served, as shown by
the most recent tax records of the municipality, or a copy thereof
handed to the person or persons, or a copy thereof left at usual place
of abode or office of the person or entities. Notice shall be given
as aforesaid within or without the municipality. The notice shall
also state that unless the violation is abated, removed, cured, prevented
or desisted within 30 days of the date of service of such notice (exclusive
of the date of service), a summons shall be issued for such violation.
The Enforcement Officer may extend the period for compliance with
the requirements of this section in regard to the violation stated
in the notice for a period in excess of the aforesaid 30 days if in
his judgment, the abatement, removal, prevention, cessation or cure
of the condition violated cannot reasonably be effected within the
thirty-day period; and in such cases shall state such reasonable required
extended period of notice, which shall then be applicable instead
of the aforesaid 30 days. In the event the violation is not abated,
removed, cured, prevented or desisted from or otherwise remedied within
the thirty-day period or within such extended period as set forth
in the notice, pursuant to the foregoing, a summons shall be issued
against the person, persons, entity or entities so notified. Any extension
beyond 60 days must be approved by the Mayor and Council.
e.
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 to protect by service of notice
as set forth in paragraph d above, reciting the existence of such
an emergency condition and requiring that such action be taken by
the violator as soon as is reasonably necessary to meet the emergency.
Notwithstanding any other provision of this section to the contrary,
such order shall be effective immediately. Any person to whom such
an order is directed shall comply therewith immediately, and upon
objection in writing to the Enforcement Officer, any such person shall
be afforded a hearing before the Governing Body as soon as is reasonably
possible. After such a hearing and decision by the Governing Body
as to the existence or nonexistence of the emergency condition, the
Governing Body may continue such order in effect, or modify or withdraw
it, subject to the issuance of a summons for violation thereof if
such order is continued.
[2002 Code § 8.20.100]
[2002 Code § 8.20.110]
This section is in addition to and supplements the following
regulations:
[2002 Code § 8.24.010]
Whenever the Chief of the Fire Department, Chief of Police or
Health Officer of the Borough shall determine that there exists upon
any lands lying within the limits of the Borough, brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris, removal of which may be necessary and expedient
for the public health, safety or general welfare or to eliminate a
fire hazard, he shall file with the Mayor and Council a written report
identifying the property and describing the brush, weeds, dead and
dying trees, stumps, roots, obnoxious growths, filth, garbage, trash
and debris, removal of which may be necessary and the reason or reasons
for which such removal may be necessary.
[2002 Code § 8.24.020]
After receipt of such report, the Mayor and Council shall proceed
to ascertain the condition existing upon and with respect to such
lands and if the Mayor and Council determines that the removal of
such brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris is necessary and expedient
for the preservation of the public health, safety or general welfare
or to eliminate a fire hazard, the Mayor and Council shall adopt a
resolution to that effect. The resolution shall also direct that the
Borough Administrator give notice in writing to the owner or owners,
tenant or tenants of such lands to remove such brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris within 10 days after the notice.
[2002 Code § 8.24.030]
The notice shall be given by registered mail, return receipt
requested, directed in the case of an owner to the address of such
owner as the same appears upon the last tax duplicate of the Borough
and in the case of a tenant to the street address of the lands in
question.
[2002 Code § 8.24.040]
It shall be the duty of the owner or tenant of such lands to
remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris within 10 days after notice
given as hereinabove provided.
[2002 Code § 8.24.050]
Should the owner or tenant to whom such notice is given fail
to remove such brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris within the ten-day
period prescribed in such notice, the Borough Administrator shall
proceed to have such brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris caused to be removed
under his direction and upon completion of such removal shall certify
the cost thereof to the Administrator. If it shall be found correct,
the Administrator shall cause the cost as shown thereon to be charged
against the property; and the amount so charged shall forthwith become
alien upon such lands, the same to bear interest at the same rate
as taxes and shall be controlled and enforced by the same officers
and in the same manner as taxes.
[1]
Editor's Note: Prior ordinance history includes portions
of 2002 Code §§ 15.12.010 — 15.12.170.
[Ord. No. 2010-16]
It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the Borough of Fair
Haven which have come into a state of disrepair through neglect, lack
of maintenance or use, fire, accident or other calamities, or through
any other act rendering the building or buildings, or parts thereof,
in a state of disrepair, to the extent that the building is unfit
for human habitation or occupancy or use, shall be deemed inimical
to the welfare of the residents of Fair Haven, and dangerous and injurious
to the health and safety of the residents of Fair Haven, and that
a public necessity exists for the repair, closing or demolition of
such building or buildings or parts thereof, and a public officer
appointed pursuant to the provisions of P.L.1942, c. 112 (C.40:48-2.3
et seq.) may exercise his or her powers to repair, demolish, or cause
the repairing or demolition of the building or buildings, or parts
thereof, pursuant to the provisions of section 5 of P.L. 1992, c.
89 (C.40:48-2.5b).
[Ord. No. 2010-16]
The words "governing body," "public officer," "public authority,"
"owner," "parties in interest," and "building," whenever used or referred
to in this section, shall have the meanings and be defined as set
forth in N.J.S.A. 40:48-2.4. The word "Council," whenever used or
referred to in this section, shall refer to the Council of the Borough
of Fair Haven.
[Ord. No. 2010-16]
No owner or parties in interest shall continue the existence, use or occupancy of any building or buildings or parts of buildings in violation of the findings and declarations of subsection 14-3.1 hereof.
[Ord. No. 2010-16]
The Council, or its designee, is hereby designated as the public
officer to exercise the powers prescribed by this section.
[Ord. No. 2010-16]
The public officer is hereby authorized and empowered to exercise
such powers as shall be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following
powers in addition to others herein granted:
a.
To investigate the building conditions in the Borough in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the provisions of this chapter.
e.
To delegate any of the public officer's functions and powers
under this chapter to such officers and agents as he may designate.
[Ord. No. 2010-16]
For the purposes of this section, the public officer may determine
that a building is unfit for human habitation or occupancy or use
if the public officer finds that conditions exist in such building
which are or may become dangerous or injurious to the health or safety
of the occupants of such building, the occupants of neighboring buildings
or other residents of the Borough of Fair Haven. Such conditions to
guide the public officer, of its designated agents, in determining
the fitness of a building for human habitation or occupancy or use,
shall be deemed to include the following, without limiting the generality
of the foregoing:
a.
Defects therein increasing the hazards of fire, accident or other
calamities;
b.
Lack of adequate ventilation, light or sanitary facilities;
c.
Dilapidation, disrepair, structural defects or uncleanliness;
d.
Failure to comply with the requirements of the building code or the
certificate of occupancy; and
e.
Conditions otherwise inimical to the welfare of the residents of
the Borough.
[Ord. No. 2010-16]
Whenever a petition is filed with the public officer by a public
authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the municipality charging that any building is unfit for human
habitation or occupancy or use as herein defined, or whenever it appears
to the public officer, on its own motion, that any building is unfit
for human habitation or occupancy or use, as herein defined, the public
officer shall, if the public officer's preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of and parties in interest in such building a complaint
stating the charges in that respect and containing a notice that:
a.
A hearing will be held before the public officer or its designated
agent at a place therein fixed not less than seven days nor more than
30 days after the serving of said complaint;
b.
The owner and parties in interest shall be given the right to file
an answer to the complaint and to appear in person or otherwise and
to give testimony at the place and time fixed in the complaint; and
that
c.
The rules of evidence prevailing in courts of law or equity shall
not be controlling in the hearing(s) before the public officer or
its designated agent.
[Ord. No. 2010-16]
If, after such notice and hearing, the public officer determines
that the building or buildings under construction are unfit for human
habitation or occupancy or use, it shall state, in writing, its findings
of fact in support of such determination and shall issue and cause
to be served upon the owners thereof and parties in interest an order:
a.
Requiring the repair, alteration or improvement of said building
to be made by the owner within a reasonable time, which time shall
be set forth in the order, or, at the option of the owner, to vacate
or have the said building vacated and closed within the time set forth
in the order; and
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve said building within the time specified
in the order, then the owner shall be required to remove or demolish
said building within a reasonable time as specified in said order
of removal.
[Ord. No. 2010-16]
Complaints or orders issued by the public officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once in a newspaper printed
and published in the Borough of Fair Haven or, in the absence of such
newspaper, in one printed and published in the County and circulating
in the Borough of Fair Haven in which the buildings are located. A
copy of such complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order, and a copy of
such complaint or order shall be duly recorded or lodged for record
with the County Clerk of Monmouth County.
[Ord. No. 2010-16]
a.
If the owner fails to comply with an order to alter, repair or improve
or, at the option of the owner, to vacate and close the building,
the public officer may cause such building to be repaired, altered
or improved or to be vacated and closed; thereupon, the public officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation; the use or occupation of this building is prohibited and
unlawful."
b.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the public officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment and summary
proceedings for the demolition thereof.
[Ord. No. 2010-16]
If the owner fails to comply with an order to remove or demolish
the building, the public officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
[Ord. No. 2010-16]
a.
The amount of the cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceedings taken under this section determined in favor of the
municipality, and the cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amount of the balance thereof remaining after deduction of the sum,
if any, realized from the sale of materials derived from such building
or from any contract for removal or demolition thereof, shall be a
municipal lien against the real property upon which such cost was
incurred. If the building is removed or demolished by the public officer,
the public officer, or its designated agent, shall sell the materials
of such building. There shall be credited against the cost of the
removal or demolition thereof, including the clearance and, if necessary
the leveling of the site, the proceeds of any sale of such materials
or any sum derived from any contract for the removal or demolition
of the building. If there are no such credits or if the sum total
of such costs exceeds the total of such credits, a detailed statement
of the aforesaid costs and the amount so due shall be filed with the
Municipal Tax Assessor or other custodian of the records of tax liens
and a copy thereof shall be forthwith forwarded to the owner by registered
mail. If the total of the credits exceeds such costs, the balance
remaining shall be deposited in the Superior Court by the public officer,
shall be secured in such manner as may be directed by such Court,
and shall be disbursed according to the order or judgment of the Court
to the persons found to be entitled thereto by final order or judgment
of the Court. Any owner or party in interest may, within 30 days from
the date of the filing of the lien certificate, proceed in a summary
manner in the Superior Court to contest the reasonableness of the
amount or the accuracy of the costs set forth in the municipal lien
certificate.
b.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the public officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
c.
Nothing in this section shall be construed to impair or limit in
any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this chapter intended to limit the authority
of the enforcing agency or construction official under the "State
Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et
seq.) or any rules or regulations adopted thereunder.
[Ord. No. 2010-16]
Any action taken using revenues derived from the local property
tax shall be taken only after advertisement for and receipt of bids
therefor, unless the action is necessary to prevent imminent danger
to life, limb or property.
[Ord. No. 2010-16]
Any person aggrieved by any order issued by a public officer
under this section may, within 30 days after the posting and service
of such order, bring an action for injunctive relief in the Superior
Court to restrain the public officer from carrying out the provisions
of the order and for any other appropriate relief. The court may proceed
in the action in a summary action or otherwise. The remedy herein
provided shall be exclusive, and no person affected by an order of
the public officer shall be entitled to recover any damages for action
taken pursuant thereto, or because of noncompliance by any person
with an order of the public officer.
[2002 Code § 12.12.010; Ord. No.
6-12-06(c)]
No brush, hedge, tree, or other plant life shall be permitted
to grow to a height in excess of 2 1/2 feet within a radius of
25 feet from the corner of an intersection of any two or more streets;
nor shall the limbs or foliage on any tree be permitted to grow nearer
to the ground than eight feet where such limbs or foliage overhang
or are over or upon land within a radius of 25 feet from the corner
of an intersection of any two or more streets.
[2002 Code § 12.12.020]
No fence or other structure of such construction or composition
that it would obstruct vision exceeding 2 1/2 feet in height
shall be constructed or maintained within a radius of 25 feet from
the corner of an intersection of any two or more streets.
[2002 Code § 12.12.030; New]
If the owner or tenant of any lands lying within a radius of 25 feet from the corner of an intersection of any two or more streets shall refuse or neglect to cut and keep out all brush, hedges, trees and other plant life in accordance with the provisions of subsection 14-4.1 within 10 days after written notice from the Code Enforcement Officer to cut the same shall have been served upon him, the Code Enforcement Officer, may trim, cut and remove the same, to comply with the provisions of this section.
[2002 Code § 12.12.040; New]
If the owner, or tenant of any lands lying within a radius of 25 feet from the corner of an intersection of any two or more streets now or hereafter constructing or maintaining a fence or other structure contrary to the provisions of subsection 14-4.2 shall refuse or neglect to remove the same or cause the same to be reduced to comply with the provisions of this section within 10 days after written notice from the Code Enforcement Officer to remove or reduce the same shall have been served upon him or them, the Code Enforcement Officer may cause the removal and reduce the same to the extent necessary to comply with subsection 14-4.2.
[2002 Code § 12.12.050; New]
The cost paid or incurred by the Borough where the work is done
by the Code Enforcement Officer shall be certified to the Mayor and
Borough Council who shall review such certificate and upon approval
of the same shall cause the cost as shown thereon to be charged against
the lands upon which such work is done and the amount so charged shall
forthwith become a lien upon such lands and shall be added to and
become and form apart of the taxes then next to be assessed and levied
upon such lands. The same shall bear interest at the same rate as
other taxes and shall be collected and enforced by the same officers
and in the same manner as taxes.
[2002 Code § 2.48.080]
It shall be unlawful for any person or firm to top any street
tree, park tree or other tree on public property. "Topping" is defined
as the severe cutting back of limbs larger than three inches in diameter
within the tree's crown to such a degree so as to remove the
normal canopy and disfigure the tree. Trees severely damaged by storms
or other causes or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this subsection at the determination of the Shade Tree Commission.
[2002 Code § 2.48.090]
Every owner of any tree or shrub overhanging any street or right-of-way
shall prune the branches so that such branches shall not obstruct
the view of any street intersection and shall not obstruct the light
from any street lamp and so that there shall be a clear space of eight
feet above the surface of the street or sidewalk. The owners shall
remove all dead, diseased, or dangerous trees or broken or decayed
limbs which constitute a menace to the safety of the public. The Borough
or Shade Tree Commission shall have the right, but not the obligation,
to prune any tree or shrub on private property when it interferes
with the proper spread of light along the street from a streetlight,
visibility of any traffic control device or sign, or passage on a
public street or sidewalk.
[2002 Code § 2.080.01; Ord. No.
470 § 14-1]
The owner, tenant or occupant of any building or lands abutting
upon any street within the Borough of Fair Haven shall cause the sidewalk
in front of the property to be cleared of snow or ice to a width of
at least two feet within 24 hours after the cessation of the snowfall
or formation of ice. In case of ice on the sidewalk, should it be
impracticable to remove same, then the sidewalk shall be covered with
sand or some other suitable substance so as to cause the sidewalk
to be made safe and convenient for persons traveling thereon.
[Ord. No. 470 § 14-2]
No person shall sweep, throw or deposit any snow or ice in that
part of the street which has been or is being plowed, swept, cleaned
or cleared by the municipality for the passage of traffic.
[Ord. No. 470 § 14-3]
a.
The owner, tenant or occupant of any residential building charged
with the duties as aforesaid, who shall violate any of the provisions
of this section or refuses or neglects to comply with same shall be
liable for a fine of $25 for the first offense (court appearance not
required) and for subsequent offenses a fine of $50, plus court costs
(court appearance mandatory).
b.
The owner, tenant or occupant of any nonresidential building or vacant
property, charged with the duties as aforesaid, who shall violate
any of the provisions of this section or refuses or neglects to comply
with same shall be liable for a fine of $250, plus court costs (court
appearance mandatory), for each offense.
[Ord. No. 470 § 14-4]
After the expiration of the time limited as aforesaid for the
removal of such snow or ice, a member of the Police Department may
cause the same to be removed, and the costs and expenses paid and
incurred for the removal of such snow or ice shall be certified by
a member of the Police Department to the Borough Council, with a statement
of the amount due in each case, and if found correct by the Borough
Council, the cost as shown thereon shall be charged against the lands
abutting such sidewalk; the amount so charged shall forthwith 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 be or interest at the same rate as taxes, and shall be collected
and enforced by the same officers and in the same manner as taxes.
[Ord. No. 470 § 14-5]
Complaints of violations shall be made in the Municipal Court
of Fair Haven by a member of the Fair Haven Police Department or by
the Fair Haven Code Enforcement Officer.
[2002 Code § 9.12.150]
All persons are forbidden to throw or deposit any rubbish or
refuse of any kind into or upon any of the sidewalks, gutters, streets
or public places within the Borough, except as provided in the pick
up schedule.
[2002 Code § 9.12.150]
All owners or occupants of real property within the Borough
are required to keep the sidewalks and gutters in front of their premises
in a clean and orderly condition.
[Ord. No. 2013-13; Ord. No. 2018-11]
a.
Title. This section shall be known as and may be cited as the "Tree
Preservation Regulations of the Borough of Fair Haven."
b.
Purpose. The purpose of this section is to prevent clear cutting
of trees on privately owned properties in the Borough, and to restrict
the removal of other trees, thereby maintaining the beauty and character
of the Borough of Fair Haven, preventing erosion, controlling action
that will substantially change drainage patterns, and restricting
any action that could create a hazard to persons or property.
The stream encroachment ordinances enforcing the Fair Haven
Stormwater Plan take precedence over any live tree removal permitted
by this section.
c.
Definitions and Word Usage. For the purposes of this section, the
following terms, phrases, words and their derivations shall have the
meaning given herein. When not inconsistent with the context, words
used in the present tense include the future; words in the plural
number include the singular and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
- BOROUGH TREE
- Shall mean any tree on Borough owned property or in Borough right-of-way.
- DIAMETER AT BREAST HEIGHT (DBH)
- Shall mean the diameter of a tree measured at breast height, which is approximately 4.5 feet above the ground. The diameter of a multi-trunked tree shall be 2/3 of the sum of the diameters of all trunks but not less than the diameter of the largest trunk. Diameter shall be calculated to be 1/3 of the circumference for the purpose of this definition.
- EMERGENCY
- Shall mean any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger or hazard to person or property.
- MITIGATION PLAN
- Shall mean a plan prepared by a tree expert showing the planting of replacement trees on the property on which tree removal is taking place. The plan must conform to the provisions set forth in this section.
- ORNAMENTAL TREE
- Shall mean any living Dogwood, American Holly, and Native Laurel with an anticipated mature height of six feet or more.
- PERMITTEE
- Shall mean any person who has been issued a permit pursuant to the terms and conditions of this section and who is obligated to fulfill all the terms of this section.
- PERSON
- Shall mean any person, firm, partnership, association, corporation, company, or public or private organization of any kind other than those exempted from the provisions of this section.
- REMOVAL
- Shall mean the actual removal of trees, or direct or indirect actions resulting in the effective removal of trees through damage or poison, or similar actions directly or indirectly resulting in the death of trees subject to the provisions of this section. Moving a tree to a different location on the same property does not constitute removal. Removal shall not include pruning for maintenance purposes.
- SIGNIFICANT SPECIMEN TREES
- Shall mean any tree with a diameter at breast height (DBH) exceeding 60% of that of the largest similar tree listed in either the "Monmouth County's Largest Trees" prepared and annually updated by the Monmouth County Shade Tree Commission or "New Jersey's Big Trees" prepared and updated biannually by the Division of Parks & Forestry of the New Jersey Department of Environmental Protection.
- SPECIMEN TREE
- Shall mean any tree or ornamental tree which is not a Significant Specimen Tree and which has a diameter at breast height (DBH) of 10 inches or more.
- TREE
- Shall mean any living deciduous or evergreen tree with a normally anticipated mature height of 20 feet or greater (including, but not limited to: Norway, Red, Silver or Sugar Maple, Sweetgum, London Plane, American Sycamore, White, Red or Pin Oak, American Elm, Yellow or White Poplar, Copper Beech, Cedar, Spruce, Pine, Fire or Hemlock).
- TREE CARE OPERATOR
- Shall mean a person licensed to provide tree care operator
services in the State of New Jersey pursuant to the "Tree Experts
and Tree Care Operating Licensing Act" N.J.S.A. 45:15C-11 et al.[Ord. No. 2018-11]
- TREE EXPERT
- Shall mean a person licensed to provide tree expert services
in the State of New Jersey pursuant to the "Tree Experts and Tree
Care Operating Licensing Act" N.J.S.A. 45:15C-11 et al.[Ord. No. 2018-11]
d.
Tree Removal Permit Required. Unless excepted under paragraph j below,
no person shall engage in, nor allow, permit or direct any person
to remove the following without first obtaining a Tree Removal Permit:
e.
Application Procedure for Tree Removal.
1.
Fees.
(a)
Any person desiring to undertake any action prohibited by paragraph d above shall file a written application for a tree removal permit with the Borough Clerk, together with prepayment of application fee of the greater of $25 per tree or $150. (Fees restated at subsections 2-56.1, Fee Schedule)
(b)
No prepayment need be made of that portion of the fee for trees which
it is claimed must be removed because they are diseased, dead or pose
a significant danger to public health and/or safety. The removal of
such trees does not require payment of any fee, provided that the
Code Enforcement Official or other official designated by the Borough
finds in fact that such trees should be removed because they are diseased,
dead or pose a significant danger to public health and/or safety.
2.
The written application may include some or all of the following
information:
(a)
Name and address of applicant and status of legal entity.
(b)
Status of application with respect to the land.
(c)
Written consent of the owner of the land, if applicant is not the
owner.
(d)
Name and address of person preparing any map, drawing or diagram
submitted with application.
(e)
Location of the property, including a street number and address and
lot numbers as shown on the Official Tax Map of the Borough.
(f)
Diagram of the parcel of land, specifically designating the area
or areas of proposed tree removal and the proposed use of such area.
(g)
Location of all proposed structures and driveways on the site.
(h)
Location of all specimen trees and identification of size and species
specifically highlighting the location of each specimen tree.
(i)
Designation of all diseased trees.
(j)
Designation of any trees posing significant danger to public health
and/or safety.
(k)
Any proposed grade changes that might adversely affect or endanger
any trees on the site and specifications of how to maintain them.
(l)
Designation of trees to be removed and trees to be maintained.
(m)
Purpose of tree removal (construction, street or roadway, driveway,
recreation area, patio, parking lot, etc.).
(n)
All materials to be planted with an indication of size, species and
methods of planting.
(o)
Such other information as may be required by an official application
form adopted by resolution of the Borough Council and which, if so
adopted, shall be provided to the applicant by the Borough Clerk.
(p)
A Mitigation Plan in conformity with the provisions of this section.
(q)
Name and address of tree removal company.
(r)
Evaluation and recommendation by a tree expert.
3.
The Borough Clerk shall maintain a register of all tree removal permit
applications, past and present, by lot and block designation.
4.
The Borough Clerk shall, within two days of the receipt of a completed
written application and correct application fee, refer the application,
together with a copy of any previous applications for removal of trees
from the tract of land, to the Code Enforcement Official or other
official designated by the Borough for consideration as detailed below.
5.
Upon referral of an application from the Borough Clerk, the Code
Enforcement Official or other official designated by the Borough shall
examine the premises referred to in the application; inspect the trees
referred to therein, and the physical conditions of the lands and
the vicinity thereof.
6.
In determining whether or not a permit should be granted, the Code
Enforcement Official or other official designated by the Borough may
consider some or all of the following:
(a)
The condition of the tree or trees with respect to disease, insect
attack, danger of falling, proximity to existing or proposed structures
and interference with utility services.
(b)
The necessity of removing the tree or trees in order to construct
the proposed improvements to allow reasonable economic use of the
property.
(c)
The effect of the removal on erosion, soil moisture retention and
flow of surface waters.
(d)
The number and density of trees in the area and the effect of tree
removal on property values of the neighborhood and other existing
vegetation.
(e)
Whether any tree in question is a tree worthy of preservation.
(f)
The ease with which the applicant can alter or revise the proposed
development or improvement to accommodate existing trees.
(g)
The economic hardship that would be imposed upon the applicant if
the permit were denied.
(h)
The heightened desirability of preserving tree cover in densely developed
or densely populated areas.
(i)
The need for visual screening in transition zones or relief from
glare, blight, commercial or industrial ugliness or any other visual
affront.
(j)
Whether the continued presence of the tree or trees is likely to
cause danger to a person or property.
(k)
Whether the topography of the area in which the tree is located is
of such a nature to be damaging or injurious to trees.
(l)
Whether the removal of the trees is for the purpose of thinning a
heavily wooded area where some trees will remain.
(m)
Whether the tree is a Significant Specimen Tree.
7.
In the event the Code Enforcement Official or other official designated
by the Borough fails to issue the tree removal permit within 30 days
of application, or denies the application, the property owner may
appeal to the Governing Body for the permit.
f.
Tree Replacement.
1.
As a condition of any activity regulated under this tree preservation
section, a mitigation plan must be submitted which will provide for
the replacement of all removed trees under the following schedule:
2.
All tree replacement required herein shall be located within the
boundaries of the property from which the tree removal occurs.
3.
The Governing Body shall have authority to grant relief from the
provisions of this section upon demonstrating that:
g.
Significant Specimen Trees. It is presumed that Significant Specimen
Trees should only be removed in the most compelling and extraordinary
circumstances. Removal will be permitted only if approved by the Governing
Body. The loss of lot yield, building area, or profitability of developmental
layout shall be deemed neither compelling nor extraordinary.
h.
Protection of Existing Trees. In connection with any construction,
subsequent to tree clearing but prior to the start of other construction,
snow fencing or other protective barrier acceptable to the Construction
Official and/or Borough Engineer shall be placed around trees that
are not to be removed. The protective barriers shall be placed at
the drip line or canopy line of any tree and shall remain in place
until all construction activity is terminated. No equipment, chemicals,
soil deposits or construction materials shall be placed within any
area so protected by barriers. Any landscaping activities subsequent
to the removal of the barriers shall be accomplished with light machinery
or hand labor.
i.
Emergency Action. In the event of an emergency, any person, otherwise
subject to this section, having responsibility, jurisdiction and/or
authority to cure, remedy or mitigate dangerous, hazardous, inconvenient,
unhealthy or obnoxious conditions resulting from the emergency may,
without first applying for and obtaining a permit under this section,
take any lawful action which is otherwise a regulated activity. However,
such person, or the agent or designee of such person shall apply for
a tree removal permit not later than the end of the second succeeding
business day after any regulated activity takes place and may not
proceed with non-emergency work including restoration until a permit
is obtained.
j.
Persons Exempt. The provisions of the Tree Preservation Regulations
shall not apply to activities by:
1.
The Borough or those acting under the control and direction of the
Borough including any person acting pursuant to a specific agreement
or contract approved by the Borough Council.
2.
Federal, State or County agencies or those acting under their control
and direction.
3.
Entities, having by their charters and the Laws of the State, authority
to engage in a regulated activity without the consent of the Borough
but only insofar as the purpose to which such authority extends; in
all other respects, such entities shall comply with this section.
4.
Properties operating under a silviculture or forestry management
plan approved by the State of New Jersey.
5.
Utility companies with public rights-of-way when such companies are
operating under the jurisdiction of the public agency controlling
the right-of-way.
k.
Violations and Penalties. Any person who violates the provisions
of this section, shall be subject to the following penalties:
Failure to be licensed pursuant to terms of the "Tree Experts
and Tree Care Operating Licensing Act" N.J.S.A. 45:15C-11 et al. shall
be considered a violation of the Act and the Borough of Fair Haven
shall report the violation to the Board of Tree Experts.
Failure to comply with any provisions of this section shall be considered a violation of the Code of the Borough of Fair Haven and shall be punishable, upon conviction, by the penalty stated in Chapter 1, Section 1-5. Each day of such violations continuance shall be considered as a separate offense and shall be separately punishable. These penalties shall not be the exclusive remedy available to the Borough and nothing in this section shall prevent the Borough or a property owner from seeking injunctive relief.
[Ord. No. 2018-11]
l.
Tree Escrow Fund. A Tree Escrow Fund shall be established and maintained
by the Chief Financial Officer of Fair Haven Borough to receive and
disburse replacement tree contributions. Appropriations from the Tree
Fund shall be authorized by the Governing Body with consideration
of the Shade Tree Commission recommendation in accordance with the
municipal tree planting plan.
[Ord. No. 2013-16]
It is the intent of this section to assure that the public health,
safety, and welfare is not impaired by the neglected maintenance of
the buildings and property. It is further intended to assure that
site improvements required by a Municipal Agency are properly maintained
and operable. It shall be the appropriate Code Enforcement, Administrative
Officer or designee's responsibility to enforce this section
where property conditions pose a hazard to the public or where a property
owner fails to maintain a required site improvement. It shall be the
responsibility of every property owner, tenant, developer and applicant
to maintain in a safe and orderly condition, all buildings and land
in the municipality which they own, use, occupy or have maintenance
responsibility for in accordance with the following regulations.
a.
Maintenance of all land uses within the municipality shall include,
but is not limited to, the following:
1.
Potholes and other pavement failures within paved parking areas shall
be repaired on a regular basis, but in no event shall potholes or
pavement failures be left unrepaired for a period in excess of 30
days. If such potholes or pavement failures are hazardous to vehicles,
they shall be appropriately barricaded and marked to warn motorists.
2.
Paint striping, traffic control signs and markings, and all other
signs and graphics shall be maintained in a condition whereby they
can be clearly seen and are legible.
3.
Curbing, other pavement edging and sidewalks shall be maintained
free of cracks and holes which would present a hazard to pedestrians.
4.
Unpaved or gravel parking and pedestrian areas shall be maintained
and regularly regraded in a manner which will keep the area free of
holes and other severe grade changes which would be hazardous to vehicular
and pedestrian usage.
5.
All areas of the site shall be kept free of debris and other materials.
All users of shopping carts or similar items shall provide for the
regular pickup of such shopping carts or similar items from parking
areas and other portions of the site at least once every hour during
their business hours. All shopping carts or similar items shall either
be stored indoors or in a location adjacent to the building specifically
set aside for such storage during nonbusiness hours.
6.
All plantings and ground cover shall be regularly watered and cut.
All dead plant materials shall be removed or replaced (if such plantings
are required under this section, they shall be replaced only). All
lawn or other nonpaved areas shall be kept trimmed and free from weeds
and other noxious growth.
7.
Building finishes shall be maintained reasonably free of peeling
or cracked paint, rust or other unsightly conditions.
8.
All refuse stored outdoors shall be kept within containers having
lids, in a manner that the refuse is not visible to pedestrians or
persons within vehicles on or off the site. Such containers shall
be stored only within side or rear yard areas and shall not be located
to interfere with vehicular or pedestrian circulation.
9.
Appropriate areas shall be provided for the storage of recyclable
materials. These areas shall be expanded or modified as necessary
to meet the requirements of any change in occupancy. Such areas shall
be within the structure or in side or rear yards and shall be properly
screened. Provisions shall be made to store paper, cardboard and similar
items out of the weather. Such areas shall be maintained in a clean,
orderly and neat condition.
10.
All outdoor lighting shall be maintained in a working condition.
b.
All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of Chapter 30 for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified above, additional maintenance responsibilities shall include, but are not limited to, the following:
1.
All ground cover and plantings within screening and landscaping areas
shown on an approved site plan or subdivision shall be regularly maintained.
When plant material shown on an approved site plan or subdivision
dies, it shall be replaced within the first 30 days of the next planting
season.
2.
Where a site plan specifies an outdoor refuse storage area, refuse
shall only be stored outdoors in such areas. Refuse containers located
elsewhere on the site shall not be permitted.
c.
Failure of the responsible property owner, tenant, developer and/or
applicant to maintain property in accordance with the provisions of
this section shall be in violation of this section subject to the
penalties prescribed in this chapter.
[Ord. No. 2014-25]
It is the intent of this section to assure that the public health,
safety, and welfare is not impaired by the neglected maintenance or
disruptive construction practices for construction activity that takes
place in the Borough. It shall be the appropriate Code Enforcement,
Administrative Officer or designee's responsibility to enforce
this subsection where property conditions pose a hazard to the public
or where a property owner fails to comply with the provisions of this
subsection. A construction or demolition site shall mean a property
within the Borough where construction or demolition activity is taking
place that requires a building permit or demolition permit from the
Borough. The provisions set forth in this section are in addition
to those requirements set forth under the International Property Maintenance
Code which has been adopted by the Borough.
a.
It shall be unlawful for any property owner, tenant, developer, agent
or contractor in charge of a construction site or demolition site
to permit the accumulation of litter before, during or after the construction
or demolition of a building or other project. It shall be the duty
of the property owner, tenant, developer, agent or contractor to furnish
containers adequate to accommodate flyable or non-flyable debris or
trash and a separate container for recycling at areas convenient to
the location where construction activity is occurring and to maintain
and empty the receptacles in such a manner and with such frequency
to prevent spillage of refuse. Any cardboard or other recyclable material
generated from a construction site shall be disposed of and not dropped
off at the Borough Recycling Facility.
b.
Construction sites shall be secured from pedestrian traffic. No trespass
signs must be installed in locations that are visible from the street.
c.
A safety fence, four feet in height, shall be installed and properly
supported around all construction projects, the intent is to enclose
each open lot line that is not afforded a barrier by an existing fence.
The Borough Construction Official or Zoning Officer shall determine
whether the safety fence meets the intent and purpose of this section.
d.
Rebar caps shall be in place on all exposed ends of rebar at the
end of each work day.
e.
Prior to commencement of construction, temporary electric shall be
procured for the construction site. If temporary electric is not reasonably
available, as determined by the Borough Construction Official or Zoning
Officer, a generator may be used on site provided it is located within
a sound attenuation enclosure.
f.
All soil erosion measures shall be installed and maintained in accordance
with Freehold Soil Conservation District Regulations. For projects
that are exempt, the Borough Construction Code Official or Zoning
Officer shall determine if soil erosion measures shall be installed
due to construction activity, land disturbance or soil stockpiling.
g.
At all times, the roadway shall be kept clean, free of dirt and debris.
Regular street sweeping shall be performed as necessary.
h.
All sidewalks and access ways shall be kept open to pedestrian traffic
at all times.
i.
Prior to construction and demolition, tree protection shall be installed
and maintained in accordance with local ordinances and Freehold Soil
Conservation District Regulations.
