Borough of Fair Haven, NJ
Monmouth County
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Table of Contents
Table of Contents
[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 103.5. Insert: Chapter 1, Sections 1-5
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of the current Property Maintenance Code and all other ordinances or parts of laws in conflict herewith are hereby repealed.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) 
Parking for structures other than one-family residential homes shall be in accordance with the site plans as approved pursuant to Chapter 30, Land Use and Development.
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]
Any person who shall violate any of the provisions of this section or any order promulgated hereunder shall be liable to the penalty stated in Chapter 1, Section 1-5.
[2002 Code § 8.20.110]
This section is in addition to and supplements the following regulations:
a. 
Section 14-2, Property Nuisances;
b. 
Section 14-3, Abatement of Dangerous Buildings.
The adoption of this section is not in any way intended to be a repealer either explicitly or implied of any of the aforesaid ordinances or any other ordinances now in existence or subsequently adopted by the Borough.
[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:
1. 
Any trees which have a diameter of 10 inches or larger at DBH;
2. 
Any Borough tree; or
3. 
Clear cutting areas more than 20% of the total trees on a lot or on slopes steeper than 15%.
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:
(a) 
For trees removed 24 inches DBH or less, the replacement trees planted must be a minimum of 2 1/2 inches DBH;
(b) 
For trees removed greater than 24 inches DBH, the replacement trees planted must be a minimum of four inches DBH.
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:
(a) 
Alternate measures, including the planting of trees on other property within the Borough, achieve substantially similar benefits to the required measures; and
(b) 
Literal compliance is technically impractical or presents a substantial economic hardship.
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.