[Ord. No. 289 § 1; Ord. No. 2011-2 § 1]
That a certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Interlaken, being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Interlaken, 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 Clerk of the Borough of Interlaken are hereby referred to, adopted, and made a part hereof, as if fully set out in the ordinance, with the additions, insertions, deletions and changes, if any, prescribed in subsection 11-1.2 of this section.
[Ord. No. 289 § 3; Ord. No. 2011-2 § 2]
The following sections are hereby revised:
Section 101.1 Insert: (Borough of Interlaken)
Section 103.5 Insert: (See Ordinance 394 and as it may be amended
from time to time)
Section 112.4 Insert: (Not less than $100.00, not more than
$1,250.00)
Section 302.4 Insert: (Six inches)
Section 304.14 Insert: (Not Applicable)
Section 602.3 Insert: (October 1 to May 1)
Section 602.4 Insert: (Not Applicable)
[Ord. No. 65 § 1]
It shall be unlawful for any owner or owners, lessee, or occupant,
or any agent, servant, representative, or employee of any such owner,
lessee or occupant, having control of any occupied or unoccupied lot
or tract of land or any part thereof in the Borough, to permit or
maintain on any such lot or tract of land, or on or along the sidewalk
or street adjacent to the same, between the property line and the
curb, any growth of weeds, grass, or other rank vegetation to a greater
height than four inches on the average, or any accumulation of dead
weeds, grass or brush. It shall be unlawful for any such person or
persons to cause, suffer or allow poison ivy, ragweed, or other poisonous
plants or plants detrimental to health to grow on any such lot or
land in such manner that any part of such ivy, ragweed, or other poisonous
plant shall extend upon, overhang, or border any public place.
[Ord. No. 65 § 2]
It shall be the duty of any owner, lessee, or occupant, or any agent, servant, representative or employee of any such owner, lessee, or occupant of any lot or land to cut and remove, or cause to be cut and removed, all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of subsection 11-2.1.
[Ord. No. 65 § 3]
If the provisions of the foregoing subsection of this section
are not complied with, the Borough Clerk shall serve written notice
upon the owner, lessee or occupant or any person have the care or
control of any such lot or land, to comply with the provisions of
this section. If the person upon whom this notice is served fails,
neglects or refuses to cut or remove, or cause to be cut or removed,
such weeds, grass or other vegetation within five days after receipt
of such notice; or if no person can be found in the Borough of Interlaken
who either is or claims to be the owner of such lot or land or either
represents or claims to be the person having the care or control of
such lot or land, the Borough Clerk shall cause such weeds, grass
or other vegetation on such lot or land to be cut and removed, and
the actual cost of such cutting and removal shall be certified by
the Borough Clerk to the Tax Collector, and shall become thereupon
and be a lien upon the property on which such grass, weeds and other
vegetation were located, and shall be added to and become part of
the taxes next to be assessed and levied upon such lot or land, and
shall bear interest at the same rate as taxes, and shall be collected
and enforced by the same officer and in the same manner as taxes.
[Ord. No. 65 § 4;
New]
Any person who shall neglect to cut and remove weeds, grass or other vegetation as directed by this section, or who shall fail, neglect or refuse to comply with the provisions of this section, or who shall resist or obstruct the Borough employees in the cutting and removal of weeds, grass or other vegetation, shall, upon conviction thereof, be subject to the penalty stated in Chapter 1, Section 1-5. Each day on which the violations continue shall constitute a separate offense.
[Ord. No. 2014-4]
a.
POTENTIAL HAZARD – Shall mean any tree or tree limb that is,
by reason of its position, condition, angle or other perceptible factors,
in reasonably discernible danger of falling upon adjacent lots, overhead
utility lines, public streets or other public rights-of-way, homes
or other structures, due to disease, damage or death. If in doubt
as to whether a tree is diseased, the Code Enforcement Officer shall
consult the certified tree expert of the Borough.
b.
IMMINENT HAZARD – Shall mean a "potential hazard" as previously
defined which, based on discernible, observable factors, may imminently
fall upon adjacent lots, overhead utility lines, public streets or
other public rights-of-way, homes or other structures, due to disease,
damage or death. If in doubt as to whether a tree is diseased, the
Code Enforcement Officer shall consult the certified tree expert of
the Borough.
c.
FELLED TREE – Shall mean any tree, or part thereof, including,
but not limited to a tree trunk, branch or limb that has fallen and
is laying on an adjacent lot, public street or other public right-of-way,
sidewalk or public park.
[Ord. No. 2014-4]
a.
Upon a finding of the Code Enforcement Officer of a potential hazard,
he or she will issue a notice to the owner, occupant or controller
of the property on which the base of the tree is situated to remove
said potential hazard within 30 days. Upon the property owner's,
occupant's or controller's failure to comply, the Code Enforcement
Officer may issue a summons to appear in Municipal Court, as hereinafter
provided, and/or said removal may be undertaken by the Borough with
the cost thereof to be charged against the dwelling or land, and become
a lien upon such dwelling or land, as hereinafter provided. The Code
Enforcement Officer is authorized to grant extensions of time for
compliance in the exercise of reasonable discretion.
b.
Upon the finding of the Code Enforcement Officer of an imminent hazard,
he or she will issue an immediate notice to abate such a violation
to the owner, occupant or controller of the property on which the
base of the tree is situated. If such removal does not occur within
10 days of the notice, as hereinafter provided, the Code Enforcement
Officer may issue a summons to appear in Municipal Court, and/or said
removal may be undertaken by the Borough with the cost thereof to
be charged against the dwelling or land, and become a lien upon such
dwelling or land, as hereinafter provided. In situations where the
Code Enforcement Officer reasonably determines that 10 days may not
be allowed for removal because of the nature of the hazard, he or
she may determine a shorter period of time. The Code Enforcement Officer
is authorized to grant extensions of time for compliance in the exercise
of reasonable discretion.
[Ord. No. 2014-4]
The Code Enforcement Officer shall issue a notice to any property
owner, occupant or controller of property from which a felled tree
has fallen onto an adjacent lot, public street or other public right-of-way,
sidewalk or public park, to remove any such felled tree, including
any trunk, branch or limb thereof, within 10 days of such notice.
If such removal does not occur within 10 days of the notice, as hereinafter
provided, the Code Enforcement Officer may issue a summons to appear
in Municipal Court, and/or said removal may be undertaken by the Borough,
with the cost thereof to be charged against the dwelling or land,
and with said cost to become a lien upon such dwelling or land, as
hereinafter provided. The Code Enforcement Officer is authorized to
grant extensions of time for compliance in the exercise of reasonable
discretion.
[Ord. No. 2014-4]
Nothing stated in this section shall be construed in such a way as to be inconsistent with the provisions Chapter 22 of the Revised General Ordinances of the Borough of Interlaken, "Protection of Trees." Nothing in this section shall be construed to be an abrogation of the responsibilities, duties and powers of the Shade Tree Commission. It is the intent of this section that the Code Enforcement Officer should refrain from taking any action in enforcement of this section, which encroaches upon the exclusive jurisdiction and authority of the Shade Tree Commission.
[Ord. No. 2014-4]
Any person convicted of a violation of this section shall have imposed upon him or her a penalty consistent with the provisions of Section 1-5 of the Revised General Ordinances of the Borough of Interlaken. Each violation of the provisions of this section and each day of the violation shall be deemed to be a separate and distinct violation.
[Ord. No. 2014-4]
In any case where the property owner, occupant or controller
has failed to act in accordance with the dictates of this section,
the Borough is authorized to enter the property and destroy and remove
the trees, trunk, branches, limbs or stumps. Where such action has
occurred, the Code Enforcement Officer shall certify the cost thereof
to the Governing Body, which shall examine the certificate, and if
found correct, shall cause the cost as shown thereon to be charged
against the dwelling or lands. The amount so charged shall forthwith
become a lien upon such dwelling or lands and shall be added to and
become a part of the taxes next to be assessed and levied upon such
dwelling or lands, the same to bear 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. 2014-4]
Upon a finding of the Code Enforcement Officer that a felled
tree, including, but not limited to, the entire tree or a tree trunk,
branch or limb, has fallen upon or in Deal Lake, its watershed or
onto the banks adjacent to the lake, he or she will issue a notice
to the owner, occupant or controller of the property on which the
base of the tree is or was located to remove said tree, or component
part, within 30 days. Upon the property owner's, occupant's
or controller's failure to comply, the Code Enforcement Officer
may issue a summons to appear in Municipal Court and/or said removal
may be undertaken by the Borough with the cost thereof to be charged
against the dwelling or land, and become a lien upon such dwelling
or land. The Code Enforcement Officer is authorized to grant extensions
of time for compliance in the exercise of reasonable discretion.
