[HISTORY: Adopted by the Council of the Borough of Lawnside 6-6-1984 by Ord. No. 6-1984; amended 9-2-1987 by Ord. No.
11-1987. Amended in its entirety 4-3-1991 by Ord. No. 3-1991.
Further amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Code
of the Borough of Lawnside" and may be referred to as the "Property
Maintenance Code."
[Amended 4-3-2013 by Ord.
No. 05-FY2013]
A.
Findings. It is hereby found and declared that there exists in the
Borough of Lawnside structures used for residential and nonresidential
use which are substandard with respect to structure, equipment or
maintenance or further that the conditions, including but not limited
to structural deterioration, lack of maintenance and appearance of
exterior of premises, infestation, lack of maintenance or upkeep of
essential utilities and facilities, existence of fire hazards, unsanitary
conditions, constitute a menace to health, safety, morals, welfare
and reasonable comfort of the citizens and inhabitants of the Borough
of Lawnside. It is further found and declared that by reason of lack
of maintenance and progressive deterioration, certain properties have
the further effect of creating blighting conditions and initiating
slums, and that if the same are not curtailed and removed the conditions
stated in this section will grow and spread and will necessitate in
time the expenditure of large amounts of public funds to correct and
eliminate the same, and that by reason of timely regulations and restrictions
as herein contained, the growth of slums and blight may be reversed,
the desirability and amenities of residential and nonresidential uses
and neighborhoods enhanced, and the public health, safety and welfare
protected and fostered.
B.
Purpose. The purpose of this code is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance, condition of residential and nonresidential
premises; to establish minimum standards governing utilities, facilities
and other physical components and conditions essential to make the
facilities fit for human habitation, occupancy and use; to fix certain
responsibilities and duties upon owners and operators and distinct
and separate responsibilities and duties upon occupants; to authorize
and establish procedures for the inspection of residential and nonresidential
premises; to fix penalties for the violations of this code; to provide
for the right of access across the adjoining premises to permit repairs;
and to provide for the repair, maintenance and abatement of nuisances
on premises of the Borough of Lawnside. This code is hereby declared
to be remedial and essential for the public interest, and it is intended
that this code be liberally construed to effectuate the purposes as
stated herein.
[Amended 4-3-2013 by Ord.
No. 05-FY2013]
The following terms wherever used herein or referred to in this
code shall have the respective meanings assigned to them unless a
different meaning clearly appears from the context.
Whenever the terms "accessory structure," "building," "dwelling,"
"premises" and "structure" are used in this code, it shall be construed,
unless expressly stated to the contrary, to include the plurals of
these terms and as if they were followed by the words "or any part
thereof." The term "shall" shall be applied retroactively as well
as prospectively.
A structure the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
Any floor, any portion of which is more than 24 inches below
the adjacent grade level.
The Borough Administrator of the Borough of Lawnside and
any other officials that the Borough of Lawnside may designate to
act in the Borough Administrator's behalf.
Any structure which has enclosed walls, floor and roof that
is affixed to the land. A building may be used for agricultural, commercial,
industrial, institutional, or residential purposes.
[Amended 3-2-2022 by Ord. No. 02-2022]
Any motor vehicle registered by the state as a commercial
vehicle.
[Added 3-2-2022 by Ord. No. 02-2022]
The condition or appearance of a building or part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any structure designed for use by human occupants for sleeping
and living purposes, whether occupied or vacant, except that the foregoing
shall not apply to hotels as defined in N.J.S.A. 29:2-1.
All officials, officers or employees entrusted with the enforcement
of the provisions of this code.
Any premises or any part thereof or any building or any part
thereof, which may be lawfully viewed by the public or any member
thereof, from a sidewalk, street, alleyway, licensed open air parking
lot or from any adjoining or neighboring premises.
The portion of a building which is exposed to public view
and the open space of any premises outside of any building erected
thereon.
Any thing or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing, or extinguishing fire; or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire. (See also Nuisance)
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
Refuse and Rubbish)
The presence of insects, rodents, vermin or other pests on
the premises which constitute an actual or potential health hazard.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Borough of Lawnside.
Any attractive nuisance which may prove detrimental to the health
or safety of children whether in a building, or upon an unoccupied
lot. This includes but is not limited to: abandoned wells; shafts;
basements; excavations; abandoned iceboxes; refrigerators; motor vehicles;
any structurally unsound fences or structures; lumber; trash; fences;
debris; or vegetation such as poison ivy, oak or sumac, which may
prove a hazard for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of the Borough of Lawnside ordinances.
Unsanitary conditions or anything offensive to the senses or
dangerous to health, in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person living, sleeping, occupying, or having actual
possession of a premises or a part thereof.
Any person who has charge, care or control of a premises,
or a part thereof, whether with or without the knowledge and consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care,
or control of any dwelling or dwelling unit as owner or agent of the
owner, or as fiduciary, including but not limited to: executor, executrix,
administrator, trustee, receiver or guardian of the estate, or as
a mortgagee in possession regardless of how the possession was obtained.
Any person who is a lessee subletting or reassigning any part or all
of any dwelling or dwelling unit shall be deemed to be a co-owner
with the lessor and or assigned by the lessee.
One or more lots, plots, or parcels of land or rights-of-ways,
including the buildings or structures thereon.
Any vehicle used primarily for recreational purposes, including,
but not limited to, boats, motor homes, and other vehicles similar
in nature.
[Added 3-2-2022 by Ord. No. 02-2022]
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes. (See also Garbage and Rubbish)
Registered mail or certified mail.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, grass, bedding, crockery, and
similar materials. (See also Garbage and Refuse)
Combination of any materials whether fixed or portable, forming
a construction, including buildings.
Supply and removal of air to and from any space by natural
or mechanical means.
Deterioration, decay or damage caused by exposure to the
elements.
[Amended 4-3-2013 by Ord.
No. 05-FY2013]
A.
In general. This chapter shall be applicable to all buildings, every residential and nonresidential building and the premises on which it is situated in the Borough of Lawnside, used or intended to be used for dwelling, commercial, borough or industrial occupancy, which buildings shall comply with the provisions of this code, whether or not the building shall have been constructed, altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use of occupancy of the building or for the installation or repair of equipment or facilities prior to July 1, 1968. This code establishes minimum standards for the initial and continued occupancy and use of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in Subsection B of this section.
B.
Higher standard to prevail in case of conflict. In any case where
the provisions of this code impose a higher standard than set forth
in any other ordinances of the Borough of Lawnside or under laws of
the State of New Jersey, then the standards as set forth herein shall
prevail, but if the provisions of this code imposes a lower standard
than any other ordinances of the borough or of the laws of the State
of New Jersey, then the higher standard contained in any other ordinance
or law shall prevail.
C.
Issuance and renewal of other permits and licenses. After enactment
of this code, all licenses and permits shall be issued upon compliance
with the ordinances under which such licenses and permits are granted.
[Amended 3-2-2022 by Ord. No. 02-2022]
D.
Enforcement of and compliance with other ordinances. No license or
permit or other certification of compliance with this code shall constitute
a defense against any violation of any other ordinance of the Borough
of Lawnside applicable to any structure or premises, nor shall any
provision herein relieve any owner, operator or occupant from complying
with any other provision, nor any official of the borough from enforcing
any other provisions, nor any official of the Borough of Lawnside
from enforcing any other provision.
In any case where the provisions of this chapter impose a higher
or stricter standard than set forth in any other ordinance or regulation
of the borough or under the laws or regulations of the State of New
Jersey or any of its agencies, then the standards as set forth herein
shall prevail, but if the provisions of this chapter impose a lower
or lesser standard than any other regulation or ordinance of the borough
or of the laws and regulations of the State of New Jersey or any of
its agencies, then the higher standard contained in any such other
ordinance, regulation or law shall prevail.
Compliance with this chapter shall not constitute a defense
against any violation of any other ordinance of the borough applicable
to any premises, nor shall any one act of compliance constitute a
defense against any subsequent or other violation of this chapter.
[Amended 4-3-2013 by Ord.
No. 05-FY2013; 3-2-2022 by Ord. No. 02-2022]
A.
Owner and operator. Owners and operators shall have all duties and
responsibilities as prescribed in this code and the regulations promulgated
pursuant thereto, and no owner or operator shall be relieved from
any duty and responsibility nor be entitled to defend against any
charge of violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
B.
Occupant. Occupants shall have all the duties and responsibilities as prescribed in § 109-11.5 and all the regulations promulgated thereto, and the occupant shall not be relieved from any duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
C.
Contract not to alter responsibilities. Unless expressly provided
to the contrary in this code, the respective obligations and responsibilities
of the owner and operator on one hand, and the occupant on the other,
shall not be altered or affected by an agreement or contract by and
between any of them or between them and other parties.
Any alterations to buildings, structures or appurtenances thereto,
or changes of use therein, which may be caused directly or indirectly
by the enforcement of this chapter, shall comply with all applicable
provisions of the Uniform Construction Code and any other applicable
regulations, ordinance or law of the borough, county or state.
Nothing contained in this chapter or any requirement or compliance
herewith shall be deemed to alter, impair or affect the application
of the Land Use Ordinances of the borough to the premises in question.
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the municipality or its officers or agencies
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
[Amended 4-3-2013 by Ord.
No. 05-FY2013]
A.
Maintenance of exterior of premises. The exterior of the premises
and all structures thereon shall be kept free of all nuisances and
any hazards to the safety of occupants, pedestrians and other persons
utilizing the premises and free of unsanitary conditions, and any
of the foregoing shall be promptly removed and abated by the owner
or operator. It shall be the duty of the owner or operator to keep
the premises free of hazards, which include but are not limited to
the enumerations and provisions in the following subsections.
(1)
Refuse. Brush, weeds, broken glass, stumps, roots, and obnoxious
growths, filth, garbage, trash, refuse and debris.
(2)
Natural growth. Dead and dying trees, and limbs or other natural
growth which, by reason of rotting or deteriorating conditions or
storm damage, constitute a hazard to persons in the vicinity thereof.
Trees shall be kept pruned and trimmed to prevent those conditions.
(3)
Overhangings. Loose and overhanging objects, and accumulations of
ice and snow which by reason of location above ground level constitute
a danger of falling on persons in the vicinity thereof. Further, all
vegetative growth, which is or would normally grow to a height greater
than 18 inches, shall not be permitted by the owner or operator of
the premises to be planted within 18 inches or to grow within six
inches of an imaginary line extending vertically for 78 inches from
the border of any paved sidewalk or, where there is no sidewalk or,
where there is no sidewalk or street, within an area of 78 inches
as measured vertically from the surface of the sidewalk or street.
(4)
Ground surface hazards of unsanitary conditions. Holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow,
and excretion of pets and other animals on paths, walks, driveways,
parking lots and parking areas, and other parts of the premises which
are accessible to and used by persons on the premises. All holes and
excavations shall be filled and repaired, walks and steps replaced
and other conditions removed where necessary to eliminate hazards
or unsanitary conditions with reasonable dispatch upon their discovery.
(5)
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained in accordance with the ordinances of the
Borough of Lawnside to eliminate any recurrent or excessive accumulation
of stormwater.
(6)
Sources of infestation. Every owner and operator shall be responsible
for the elimination of infestation in and on the premises subject
to the owner's and operator's control.
(7)
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
(8)
Chimneys and all flue and vent attachments thereto. Chimneys and
all flue and vent attachments thereto shall be maintained structurally
sound, free from defects, and so maintained as to capably perform
at all times the functions for which they were designed. Chimneys,
flues, gas vents or other draft-producing equipment shall provide
sufficient draft to develop the rated output of the connected equipment
and shall be structurally safe, durable, smoke tight, and capable
of withstanding the action of flue gases.
(9)
Exterior raised porches, landings, balconies, stairs and fire escapes.
Exterior raised porches, landings, balconies, stairs and fire escapes
shall be provided with banisters or railings properly designed and
maintained to minimize the hazard of falling, and the same shall be
kept structurally sound, in good repair, and free from defects.
(10)
Address numbers. All buildings shall have address numbers placed
in a position to be plainly legible and visible from the street fronting
the property. The numbers shall contrast with their background and
shall not be less than four inches in height.
[Amended 3-2-2022 by Ord. No. 02-2022]
(11)
Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial uses unless permitted under Chapter 96, Zoning, for the premises.
(12)
Landscaping. The landscaping of premises shall be maintained
in an orderly state with lawns and bushes trimmed and free from becoming
overgrown, littered and unsightly where that would constitute a blighting
effect, depreciating and adjoining and nearby property. Open areas
shall be graded evenly to eliminate holes, depressions, gullies, mounds,
accumulations of debris or other unsightly or unsafe conditions.
(13)
Reconstruction of walls and sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front, so that the materials
used will not be of a kind that by their appearance under prevailing
appraisal practices and standards will depreciate the value of neighboring
and adjoining premises as stated.
(14)
General maintenance of all structures and accessory structures.
The exterior of every structure or accessory structure (including
fences) shall be maintained in good repair, and all surfaces thereof
shall be kept painted or whitewashed where necessary for purposes
of preservation and appearance. The same shall be maintained free
of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint to the end that the property itself may be preserved,
safety and fire hazards eliminated, and adjoining properties and the
neighborhood protected from blighting influences.
(15)
Front yard parking. No person shall park, stop, or stand any motor vehicle or permit or suffer the same to be done in any yard area of any premises except on driveway and parking areas, constructed and maintained in accordance with the provisions of Chapter 96, the Land Development Code of the Borough of Lawnside.
(16)
Awnings and marquees. Any awning or marquee and its accompanying
structural members which extends over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event the awnings
or marquees are not properly maintained in accordance with the foregoing,
they shall, together with their supporting members, be removed forthwith.
In the event awnings or marquees are made of cloth, plastic or of
similar materials, the cloth or plastic where exposed to public view
shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing, or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks, or other parts of the public domain.
(17)
Prohibited parking. No person shall park, stop, or stand any motor vehicle or permit or allow the same to be done in any front yard area of any premises, except in a driveway and designated parking areas, constructed and maintained in accordance with the provisions of Chapter 96, the Land Development Code of the Borough of Lawnside.
[Amended 3-2-2022 by Ord. No. 02-2022]
(18)
Exterior walls, sidings and roofs. Exterior walls, sidings and
roofs shall be kept structurally sound, in good repair and free from
defects.
(19)
Painting and other protective coating. All exposed surfaces
susceptible to decay shall be kept at all times painted or otherwise
provided with a protective coating sufficient to prevent deterioration.
(20)
Exterior walls, sidings and roofs. Exterior walls, sidings and
roofs shall be kept structurally sound, in good repair and free from
defects and mildew.
[Amended 3-2-2022 by Ord. No. 02-2022]
(21)
Exterior walls, roofs, etc. Exterior walls, roofs, windows,
window frames, doors, door frames, foundations and other parts of
the structure shall be so maintained as to keep water from entering
the structure and to prevent excessive drafts. Damaged materials must
be repaired or replaced promptly; places showing signs of rot, leakage,
deterioration or corrosion are to be restored promptly; places showing
signs of rot, leakage, deterioration or corrosion are to be restored
and protected against weathering or seepage.
(22)
Basements and cellars. Basements, cellars and crawl spaces are
to be free of moisture resulting from seepage, and cross ventilation
shall be required where necessary to prevent accumulations of moisture
and dampness.
(23)
Freedom of infestation. All parts of the premises shall be maintained
so as to prevent infestation.
(24)
General sanitation and safety. All parts of the structure shall
be kept in a clean and sanitary condition, free of nuisances and free
from health, safety and fire hazards.
(25)
Freedom of accumulations and obstructions. No accumulation or
obstruction from porches, hallways, basements or cellars, except that
garbage stored in proper containers may be set out for removal.
(26)
Maintenance of property in accordance with approved site plan.
Any property which has been the subject of a site plan review and
approval shall be maintained and operated in accordance with the approved
site plan, specifically including the parking and landscaping as provided
on the approved site plan. In the event that any of the landscaping
shall die, it shall be replaced not later than the next growing season.
The replacement landscaping shall be of the same type as designated
on the approved site plan and shall be of a size substantially the
same as the surrounding landscaping.
(27)
Swimming pools. Swimming pools shall be maintained in a clean
and sanitary manner and in good repair. All swimming pools must be
fully covered when not in use.
[Added 3-2-2022 by Ord.
No. 02-2022]
(28)
Snow removal. All snow and/or ice accumulated on sidewalks and
on and around fire hydrants shall be removed within 24 hours of the
accumulation of snow and/or ice.
[Added 3-2-2022 by Ord.
No. 02-2022]
(29)
Signs. All permitted signs shall be kept in good repair, and
printed matter, pictures or illustrations contained thereon shall
be maintained in good condition. Signs in violation of any ordinance
shall be removed from the premises. Any inoperable or broken signs
shall be repaired or removed.
[Added 3-2-2022 by Ord.
No. 02-2022]
(30)
Maintenance of sanitary sewer lines. All connections, service
laterals, sewer cleanouts and fixtures furnished by the customer shall
be maintained in good order, and all piping and connections furnished
and owned by the Borough, and on the property of the customer, shall
be protected properly and cared for by the customer. All leaks in
the service lateral or any other pipe or fixture in or upon the premises
serviced must be repaired immediately by the owner or occupant of
the premises. The customer shall be responsible for notifying the
Borough or the party engaged by said customer to do any maintenance
work in the customer's service lateral prior to work being commenced,
and said party shall not backfill any trench until the work has been
inspected and approved by the Borough's representative. Any work
not acceptable shall be immediately removed and replaced by work which
is acceptable.
[Added 3-2-2022 by Ord.
No. 02-2022]
(31)
Vacant buildings. The owner or operator of a building that has
become vacant shall ensure that the grass and shrubs are trimmed,
the exterior is in good repair, and all doors and windows are secure
against unauthorized entry until the building is legally occupied
or demolished.
[Added 3-2-2022 by Ord.
No. 02-2022]
[Added 4-3-2013 by Ord.
No. 05-FY2013]
A.
Cleanliness and sanitation. All parts of the premises under the control
of the occupant or operator shall be kept in a clean and sanitary
condition, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or unsanitary
or which would obstruct the owner or operator from performing any
duty required hereunder or maintaining the premises in a clean and
sanitary condition.
B.
Landscaping. The landscaping of premises shall be maintained in an
orderly state with lawns and bushes trimmed and free from becoming
overgrown, littered and unsightly where that would constitute a blighting
effect, depreciating adjoining and nearby property. Open areas shall
be graded evenly to eliminate holes, depressions, gullies, mounds,
accumulations of debris or other unsightly or unsafe conditions. To
this end, the owner or occupant of the premises, where appropriate,
shall reseed, sod, plant another vegetative covering or otherwise
utilize a landscaping material as necessary to preclude yard areas
of more than six square feet from deteriorating to or existing in
a barren condition.
C.
Ground surface hazards, unsanitary conditions, unregistered vehicles
and/or vehicles without current license plates.
(1)
It shall be the duty of the occupant to keep the premises free
of holes, excavations, and excretions of pets and other animals on
paths, sidewalks, driveways, parking lots and other parts of the premises.
[Amended 3-2-2022 by Ord. No. 02-2022]
(2)
All holes and excavations shall be filled and repaired and other
conditions repaired with reasonable dispatch upon their discovery.
(3)
It shall also be the duty of the occupant to remove any motor
vehicle which is unregistered and/or without current license tags
or plates from the premises unless same is properly stored in a closed
garage or, in the case of nonresidential premises, the motor vehicle
is being currently serviced or repaired by a garage person in order
to meet inspection requirements of the Motor Vehicle Commission of
the State of New Jersey.
(4)
No person shall park or permit to be parked any motor vehicle
on any street of public or private property in the Borough of Lawnside
for a period of more than 72 hours unless the motor vehicle is operable
and in condition for safe and effective performance of the function
for which it is intended, unless the motor vehicle is properly stored
in a closed garage or, in the case of nonresidential premises, the
motor vehicle garage or service station in order to make the motor
vehicle operable and in condition for safe and effective performance
of the function for which it is intended.
(5)
Snow removal. All snow and/or ice accumulated on sidewalks and
on and around fire hydrants shall be removed within 24 hours of the
accumulation of snow and/or ice.
[Added 3-2-2022 by Ord.
No. 02-2022]
(6)
Debris and junk. All residential and nonresidential premises
shall be maintained free of debris, miscellaneous junk and bulk items,
such as stoves, refrigerators, washer/dryers, furniture and auto parts.
[Added 3-2-2022 by Ord.
No. 02-2022]
(7)
Commercial vehicles. Commercial vehicles, such as tractor cabs, tractor trailers, tow trucks, school buses and box trucks, shall not be stored or parked in any residential neighborhood except when loading or unloading. In the case of nonresidential properties, commercial vehicles shall not be stored or parked unless permitted for such use under Chapter 96, Land Development.
[Added 3-2-2022 by Ord.
No. 02-2022]
(8)
Recreational vehicles. All motor homes, boats and other recreational
vehicles and equipment shall be in garages or areas designated by
the Borough for such parking.
[Added 3-2-2022 by Ord.
No. 02-2022]
D.
Eliminating infestation. Every occupant of a premises shall be responsible
for the elimination of infestation in the premises and on the premises.
E.
Malicious damage. Every occupant shall be responsible for willfully
or maliciously causing damage to any part of the premises.
[Amended 4-3-2013 by Ord.
No. 05-FY2013]
A.
In general. No person shall accumulate or permit, suffer or allow
the accumulation in any premises owned, operated, occupied or controlled
by such person of any refuse, garbage, rubbish and waste material
for a time longer that the period from one collection day to the next
ensuing collection day. The refuse, garbage, rubbish, or waste material
shall either be removed by the borough in accordance with regulations
made and provided or by an authorized collector.
B.
Nonresidential premises.
(1)
Every owner, operator and occupant of any nonresidential premises
shall be responsible for providing suitable containers consisting
of waterproofed receptacles, cans or barrels made of a substantial
material with a tight-fitting cover so constructed as to prevent spillage
or leakage of its contents which, when full, shall not weigh over
60 pounds (unless the container is to be mechanically raised) for
the receiving and holding of garbage, rubbish, refuse, or waste materials.
[Amended 3-2-2022 by Ord. No. 02-2022]
(2)
Every owner, operator and occupant of nonresidential premises shall be responsible for providing containers, as described in Subsection B(1) of this section, sufficient in number to hold all garbage, rubbish, refuse, and waste material in this manner prescribed, from one collection period to the next actual collection. Garbage, rubbish, refuse, and waste materials shall be placed in the containers prior to the time fixed for collections.
(3)
Every owner, operator and occupant of nonresidential premises shall
be responsible for making necessary arrangements for weekly collection
of garbage, rubbish, refuse, and waste material between the hours
of 6:00 a.m. and 8:00 p.m., prevailing time only.
C.
Residential premises.
(1)
Every owner, operator and occupant of residential premises shall be responsible for providing suitable containers consisting of waterproofed receptacles, cans or barrels made of a substantial material with a tight-fitting cover so constructed as to prevent spillage or leakage of its contents which, when full, shall not weigh more than 50 pounds, for the receiving and holding of garbage, rubbish, refuse, and waste materials subject to provisions of Subsection C(4) of this section.
[Amended 3-2-2022 by Ord. No. 02-2022]
(2)
Every owner, operator and occupant of residential premises shall be responsible for providing containers as described in Subsection C(1) of this section sufficient in number to hold all garbage, rubbish, refuse, and waste materials, in the manner prescribed, from one collection to the next actual collection. The garbage, rubbish, refuse and waste materials shall be placed in the containers prior to the time fixed for collection.
(3)
No person shall put or place any garbage, trash, rubbish, refuse
or waste materials at the curbside prior to 5:00 p.m. on the day preceding
the scheduled collection day. Garbage receptacles shall be removed
from the curb no later than 6:00 p.m. on the day of collection.
[Amended 3-2-2022 by Ord. No. 02-2022]
(4)
Discarded newspapers, magazines, and the like may be commingled with cans and bottles in containers for recycling disposal. Bulky items comprised of waste materials classified as garbage, paper, rubbish or ashes as defined in Chapter 80 of the Code of the Borough of Lawnside must be disassembled by the owner, operator and occupant of the premises into not more than three-foot lengths tied securely and placed in close proximity to the containers for collection.
[Amended 4-3-2013 by Ord.
No. 05-FY2013]
A.
Borough Administrator to supervise administration of inspections,
regulations, enforcements and hearings on violations. The Borough
Administrator is hereby designated to supervise and direct the Code
Official in all inspections, enforcements and hearings on violations
of the provisions of this code, unless expressly stated to the contrary.
Other public officials or employees of the borough may be delegated
authority by direction of the Borough Administrator to perform duties
as may be necessary to the enforcement of this code, including the
making of inspections and holdings of hearings.
B.
Code Official's powers. The Building Official or his designee shall
make all of the required inspections, or shall accept reports of inspections
by approved agencies or individuals. All reports of such inspections
shall be in writing and be certified by the responsible officer of
such approved agency or by the responsible individual. The Code Official
is authorized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise, subject to the approval
of the Mayor and Council. The Code Official shall issue all notices
or orders to ensure compliance with this code. All buildings and premises
subject to this code are subject to inspections from time to time
by the Code Official of the borough. At the time of the inspections,
parts of the premises must be available and accessible for the inspections,
and the owner, operator and occupant are required to provide the necessary
arrangements to facilitate the inspections.
C.
Identification and conduct of inspectors. Enforcement officials and
officers shall be supplied with identification and upon request shall
exhibit the identification when entering any structure of any part
of any premises subject to this code. Inspectors shall conduct themselves
so as to avoid intentional embarrassment or inconvenience to occupants.
D.
Where entry by enforcing officials is refused. When the enforcing
official or the official's agent is refused entry or access or is
otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises, the person shall be
in violation of this code and subject to the penalties hereunder.
E.
Search warrant or access warrant. In addition to the provisions of Subsection D of this section, enforcing officials may, upon affidavit, apply to the Superior Court of the State of New Jersey for an Order to Show Cause setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this code exists on the premises, and seeking a grant of injunctive relief by the Court to secure a physical inspection of that part of the premises on which the nuisance or violation exists.
F.
Notice of violation or issuance of citation Where a violation of
this code or the regulations hereunder is found to exist, a written
notice from the enforcing official shall be served on the person or
persons responsible for the correction thereof. The notice shall contain
a deadline for compliance, which may be extended after a written request
is submitted and reviewed by the Building Official or his designee.
A citation may be issued by the Code Official without prior written
notification.
G.
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection I of this section. The notice shall also advise the recipient that if the violation is not corrected or abated, the borough may do same, the cost of which shall become a lien on the subject property.
H.
Service of notice. Notice may be served personally or by prepaid
telegram or by mail with postage prepaid, addressed to the last known
address of the person to be served. In case the premises are occupied,
notice may be accomplished by posting upon the front door of the structure.
Where it is ascertained the owner does not reside on the premises,
the last known address shall be the address of the owner as shown
in the office of the Tax Collector. If the last known address cannot
be ascertained, service may be accomplished by mailing the notice
with postage prepaid to the mortgagee, if there be one, and by posting
the notice on the front door of the premises and printing the notice
in the legal advertising media at least one time. The Code Official
shall file and provide notice to any owner, operator or occupant of
any violation at any address other than the last known address provided
hereunder if the other address is filed with the Code Official personally
or by certified mail addressed to the Code Official. Service upon
any owner, operator or occupant may also be attained by service of
any notice upon a member of the family over 14 years old of the owner,
operator or occupant. Date of service of the notice shall be determined
where service is by mail as of the day following the day of mailing
of notices to addresses within the borough, and as of the third day
after the day of mailing for notices to addresses outside the borough.
Where the day of service would fall upon a Sunday or other day where
mail is not ordinarily delivered, then the day of service shall be
the next regular delivery day.
I.
Notice to become an order unless hearing requested. Within 10 days
of the date of service of a notice, the notice shall constitute a
final order unless any person affected by the notice requests a hearing
thereon and serves a written request within the ten-day period in
person or by mail on the Borough Administrator. The request for a
hearing shall set forth briefly the grounds or reasons on which the
request for a hearing is based and the factual matters contained in
the notice of violation which are to be disputed at the hearing. The
Borough Administrator upon receipt of the request shall, within 30
days therefrom and upon five days' notice to the party aggrieved,
set the matter down for hearing.
J.
Determination at hearing. At any hearing provided hereunder the Borough
Administrator, or his/her designee, shall be vested with all the powers
provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoenas; to require by subpoena
the production of books, records or other documents at any hearing
which may be pertinent to matters to be determined by the Borough
Administrator; and to enforce any subpoena or secure any order for
the enforcement of any subpoena as provided by law. Determination
shall be made within 10 days from the completion of the hearing. The
Borough Administrator shall issue an order either incorporating the
determinations and directions contained in the notice, modifying the
notice or withdrawing of the notice.
K.
Extension of time. The Borough Administrator may extend the time
for correction or abatement of the violations for an additional period
of time not to exceed 30 days, except where major capital improvements
or renovations are involved, in which instance the time for completion
may be extended for a period not to exceed 90 days beyond the expiration
date of the original notice.
L.
Prosecution of violations. Any person failing to comply with a notice
of violation, citation, or order served in accordance with this chapter
shall be deemed guilty of a 4th degree offense.
M.
Summary abatement in emergency; notice and hearing not required.
Where the violation or condition existing on the premises are of such
a nature as to constitute an immediate threat to life and limb unless
abated without delay, the Borough Administrator, or his/her designee,
may either abate the violation or condition immediately, using the
Borough Public Works Department, or independent contractors, or order
the owner, operator or occupant to correct the violation or condition
immediately or order the owner, operator or occupant to correct the
violation or condition within a period of time not to exceed 10 days,
and upon failure to do so, the Borough Administrator may abate the
condition immediately thereafter.
N.
Cost of any abatement to be a lien against premises. Where abatement
of any nuisance, as defined herein, correction of a defect in the
premises or the maintenance of the premises in a proper condition
as to conform to municipal ordinances or state law applicable thereto
requires expending borough monies therefore, the Code Official shall
present a report of work proposed to be done to accomplish the foregoing
to the Borough Administrator with an estimate of the cost thereof
along with a summary of the proceedings undertaken by the Code Official
to secure compliance including notices served upon the owner, operators,
lessors or agents, as the case may be, and hearing and orders of the
Borough Administrator. The Borough Administrator may thereupon order
the abatement of the nuisance, correction of the defect of work necessary
to place the premises in proper condition and in compliance with ordinances
of the borough and laws of the state. The Code Official may thereafter
proceed to have the work performed in accordance with the order at
borough expense, not to exceed the amount specified in the order,
and shall upon completion thereof submit a report of monies expended
by the Borough Administrator. After review of the same, the Borough
Council may approve the expenses and costs, whereupon the same shall
become a lien against the premises collectible as provided by law.
A copy of the resolution approving the expenses and costs shall be
certified by the Borough Clerk and filed with the Tax Collector of
the borough who shall be responsible for the collection thereof, and
a copy of this resolution shall be sent by certified mail to the owner.
O.
Extension of time where dispossess action undertaken. Where there
exists a violation of this code, an owner or operator, upon receipt
of a notice of violation, if unable to eliminate the violation by
peaceable means within the period of time specified in the notice,
shall commence within that period legal action to dispossess, evict
or eject the occupants who cause the violation. No further action
hereunder shall then be taken against owner or operator so long as
the action is pending in the court and is prosecuted expeditiously
and in good faith.
P.
Where notice and hearing not required prior to court proceedings.
(1)
A violation of §§ 109-11A(28), 109-11.5C(5) and 109-12C(3) may be prosecuted without notice, notwithstanding the requirements of Subsections F through J of this section, by the filing of a complaint by the Code Official in Municipal Court.
[Amended 3-2-2022 by Ord. No. 02-2022]
(2)
No notice shall be required on the enforcement of §§ 109-11A(28) and 109-11.5C(5) hereof as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where the snow or ice remains uncleared within 24 hours after the termination of the snowfall. No notice shall be required on the enforcement of § 109-12C(3) as to garbage being placed on the curbside prior to 5:00 p.m. preceding the scheduled collection day.
[Amended 3-2-2022 by Ord. No. 02-2022]
(3)
Where the Borough Administrator after hearing shall determine that
there was a violation and a notice was served upon the owner, operator
or occupant, whether or not the violation was abated prior to the
issuance of an order, if thereafter within the space of one year there
shall be a second violation by the same owner, operator, or occupant
of the same provision of this code discovered on the same premises,
the offender may be prosecuted on the second violation without the
Code Official first giving notice and opportunity for a hearing to
the owner, operator, or occupant by filing of a complaint by the Code
Official in the Municipal Court. Where the Borough Administrator has
on two different occasions found violations by the same operator or
occupant on the same premises and has issued notices on each and has
held at least one hearing and issued an order thereon, upon discovering
a third or subsequent violation by the same owner, operator or occupant
on the same premises within the space of one year, whether the same
sections or of any other sections of this code, the Borough Administrator
may thereupon prosecute the offender by filing a complaint in the
Municipal Court for the third or subsequent violation occurring within
the period of one year without first providing notice and opportunity
for a hearing by the Borough Administrator.
Q.
Effect of notice on owner. For the purposes of enforcement of this
code, the service of a notice or citation on an owner, whether or
not the owner is also the operator, shall constitute notice of violations
set forth therein until violations are abated in conformity with this
code and the other applicable ordinances of the Borough of Lawnside.
[Added 3-2-2022 by Ord.
No. 02-2022]
A.
The removal of debris and other building materials resulting from
construction of new buildings or alteration of existing buildings
shall be the responsibility of the contractor, property owner and/or
homeowner, and no such debris or building materials shall be placed
at the curbside for collection. Contractors and property owners shall
share mutual responsibility for violations under this section.
B.
At their own expense, commercial landscape companies, tree contractors,
gardeners, landscapers and horticulturists shall be required to remove
all trimmings, branches, brush, trees, stumps and other material resulting
from the service performed by them from the premises which they serviced.
[Amended 4-3-2013 by Ord.
No. 05-FY2013]
A.
Fines for violations. A violation of any section or subsection of
this code shall be subject upon conviction to a penalty as prescribed
below:
[Amended 3-2-2022 by Ord. No. 02-2022]
(1)
For a first offense conviction, by a fine not to exceed $500.
(2)
For a second offense conviction, by a fine not to exceed $1,000.
(3)
For a third offense conviction or any subsequent offense, by a fine
not to exceed $2,000 or imprisonment in the county jail for a period
not to exceed 90 days or by both fine and imprisonment.
B.
Meaning of the term "each violation." Each violation of a section
or subsection of this code shall constitute a separate and distinct
violation independent of any other section or subsection or any order
issued pursuant to this code. Each day's failure to comply with any
section or subsection shall constitute a separate violation.
C.
Minimum penalty for second violation. Where an owner, operator or
occupant has been convicted of a violation of this code, and within
12 months thereafter has been found by the Judge of Municipal Court
to be guilty of a second violation, the Court shall impose a fine
of not less than $500.
E.
Fine as lien. In the event of the imposing of a fine or penalty by
the Municipal Court or any other court of competent jurisdiction against
the owner, operator or lessor of any building or structure in the
borough for violation of any borough ordinance or any state law applicable
to the borough, the fine or penalty shall be collectible as a lien
against the premises, in addition to any other remedies now provided
by law.
[Added 4-3-2013 by Ord.
No. 05-FY2013]
The repeal of any provisions of any other ordinances by this
code shall not affect any action for prosecution or abatement under
any ordinance or any notice, complaint or order issued by any officer
or agency of the borough prior to the effective date of the adoption
of this code or concerning which any prosecution of other steps of
enforcement have been taken or are being taken within any administrative
agency or in the Municipal Court for enforcement thereof.
[Added 4-3-2013 by Ord.
No. 05-FY2013]
The Borough Administrator is hereby authorized and empowered
to promulgate written rules and regulations for the interpretation
and administration of the provisions of this code, provided that the
rules and regulations do not conflict with this code and conform to
the general standards prescribed by this code. The Borough Administrator
shall file copies of the rules and regulations with the Borough Clerk
which shall be available during regular borough hours. The rules and
regulations shall have the same force and effect as the provisions
of this code, and the violations thereof shall be enforced as violations
of the express provisions of this code, as herein provided.
[Added 4-3-2013 by Ord.
No. 05-FY2013]
A.
Application for inspection. Whenever an owner, operator, occupant,
prospective purchaser, mortgagee or prospective occupant shall apply
to the Code Official for an inspection in order to ascertain if any
section of this code has been violated, the Code Official shall, upon
payment of the fee hereunder stated, cause an inspection to be made
of the premises and issue an informational certificate of report of
the inspections of the applicant, indicating therein any violations
of this code on the premises. The applicant for the inspection shall
state in writing the applicant's full name, residence and the reasons
and basis for which the inspection is requested. The Code Official
may deny the application for failure to comply with this requirement.
B.
Application for status report. Where, in lieu of an inspection, an
owner, operator, occupant, lessee, prospective purchaser, mortgagee
or prospective occupant requests a status report as to whether or
not there are any known violations presently pending on the premises,
upon payment of the fee prescribed herein, a copy of any notice or
order on any violation then pending shall be sent to the applicant.
C.
Significance and scope of inspection or status report. No inspection report issued under Subsection A of this section or status report under Subsection B of this section shall be construed as providing a defense against any violation of this code or any other ordinance of the borough which may be discovered thereafter, whether or not the condition or violation existed at the time of any such inspection or status report. The inspection or status report is provided as a convenience to the public and shall not constitute a limitation on the full enforcement of this code. The inspection or status report shall include only those matters as are embraced in this code.
[Added 10-3-2018 by Ord.
No. 10-2018]
A.
The following job title is hereby created by the Borough of Lawnside:
Property Maintenance Official.
B.
The Property Maintenance Official shall be charged with the enforcement of Chapter 109, Property Maintenance, and shall exercise all powers, functions and duties prescribed by general law and ordinance.
|
All Ordinances or parts of this Ordinance heretofore adopted
that are inconsistent with this Ordinance are hereby repealed to the
extent of such inconsistency. This Ordinance shall take effect 20
days after its final passage and publication as provided by law.
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