[1973 Code § 58-1]
It shall be unlawful for any owner, lessee or occupant of any
lot or land to dump or permit to be dumped thereon, or allow to accumulate
or remain thereon, or to permit to grow thereon, brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and other debris, or any other offensive or unsightly matter
and material.
[1973 Code § 58-2]
It shall be unlawful for any person to deposit upon any property belonging to another person, without express permission of the owner, lessee, or any other person entitled to the possession thereof, or upon any public street, sidewalk or waterway, any brush, weeds, dead trees, old stumps and roots, filth, garbage, trash, debris or other offensive or unsightly matter. In case any such material shall be deposited with the consent of the owner, leasee, or any other person entitled to the possession thereof, the responsibility thereof shall then pass to the owner, lessee, or other person legally entitled to the possession thereof, in accordance with the provisions of subsection 17-1.1.
[1973 Code § 58-3]
It shall be unlawful for any owner, lessee or occupant of any
property to maintain any hedge, shrubbery or other vegetation in such
manner as to encroach upon any sidewalk or street, or in such manner
as to interfere with the free and unobstructed passage of persons
upon the sidewalks or streets.
[1973 Code § 58-4]
In the event that the owner, lessee or occupant of lands fails
to remove or eliminate the brush, weeds, old and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash, debris and other
unsightly matter and material within 10 days after notice to remove
and eliminate the same, the Town of Kearny shall cause the same to
be done under the direction of the Street Commissioner. The Street
Commissioner shall, upon the completion of the work, certify the cost
thereof to the Town Council, who shall examine the certificate of
cost, and, if found correct, shall cause the cost as shown thereon
to be charged against the lands, and the amount so charged shall forthwith
become a lien upon the lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon the 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.
[1973 Code § 58-5]
The notice hereinabove provided for shall be in writing and
shall be served upon the last known owner as the same appears upon
the tax records at the office of the Tax Collector. If the last known
owner be a resident of the Town of Kearny, service shall be effected
by handing a copy of the notice to the owner personally or by leaving
it at his usual place of abode. If the owner be a nonresident of the
Town of Kearny, service shall be effected by mailing a copy of the
notice to his last known address, as shown by the tax records, by
registered mail, return receipt requested. If the owner be a corporation,
service shall be effected upon the registered agent in the manner
hereinabove set forth.
[1973 Code § 58-6]
The purpose of this section is to preserve the public health,
safety, general welfare, and to eliminate fire hazards in the Town
of Kearny.
[1973 Code § 58-7; New]
[1973 Code § 58-8]
The creation of a lien upon the lands involved in accordance with the provisions of this section shall not be considered in lieu of the imposition of a penalty in accordance with the provisions of subsection 17-1.7, and likewise, the imposition of a penalty in accordance with subsection 17-1.7, shall not be considered in lieu of the creation of a lien.
[1973 Code § 83-29]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[1973 Code § 83-30]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any litter or accumulation of litter
from any public or private sidewalk or driveway. Every person who
owns or occupies property shall keep the sidewalk in front of his
or her premises free from litter. All sweepings shall be collected
and property containerized for disposal.
[1973 Code § 83-23]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[1973 Code § 83-24]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential except in
a fully enclosed structure or on days designated for the collection
of tires.
[1973 Code § 83-25]
It shall be unlawful for any residential property owner to park
or permit the parking of any vehicle on his or her residential lawn.
[1973 Code § 83-26]
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots and residential lawns except in a fully enclosed
structure, any motor vehicle, trailer or semi-trailer, which is:
[1973 Code § 76-1]
The owner of any property in the Town which consists primarily
of virgin, undeveloped meadowland, which contains any service road
leading to or from a public road, shall erect and maintain a fence
across the service road, sufficient to impede the travel of any motor
vehicle.
[1973 Code § 76-2]
Such fence shall be equipped with a gate which may be locked
or unlocked; provided, however, that a key to the gate must be left
with the Chief of the Fire Department or his authorized agent at all
times.
[1973 Code § 76-3; New]
[Ord. No. 2000-0-42 § 17-8.1]
This section shall be known as the "Property Maintenance Code
of the Town of Kearny" and will be referred to in this chapter as
"this code" or "the code."
[Ord. No. 2000-0-42 § 17-8.2]
The Mayor and Council hereby find, determine and declare that
there exists, have existed and persist in the Town of Kearny conditions
of deterioration in housing, in commercial and industrial installations
and in other physical components of community life which constitute
a menace to the health, safety and welfare of the inhabitants of the
Town, but that such conditions are amenable to correction and amelioration
by a concerted strategy embodied in this code.
[Ord. No. 2000-0-42 § 17-8.3]
The purpose of this code is (1) to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of both residential
and nonresidential premises; (2) to establish minimum standards to
make facilities fit for human habitation, occupancy and use; (3) to
fix certain responsibilities and duties upon owners, operators and
occupants; and (4) to fix penalties for the violation of this code.
It is intended that this code be construed liberally to effectuate
the purposes stated herein.
[Ord. No. 2000-0-42 § 17-8.4]
As used in this code, the following words have the following
definitions, unless the context otherwise indicates:
Shall mean a building that is used for the benefit of a main
building on the same lot and under the same ownership or control.
Shall mean 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, neglect, lack
of maintenance or excessive use.
Shall mean those portions of a building which are exposed
to public view and the open space on any premises outside of any building.
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Shall mean the presence of insects, rodents, vermin or other
pests which constitute a health hazard.
Shall mean:
Any public nuisances recognized by the courts of New Jersey
to be such and any conditions which unreasonably interfere with the
health, safety, peace, comfort or convenience of the general Kearny
community;
Any attractive nuisance detrimental to the health or safety
of children whether in a building or on premises where a building
is located, or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned ice-boxes,
refrigerators, motor vehicles, lumber, trash or debris and any structurally
unsound fences or structures;
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist;
Unsanitary conditions or conditions which render air, food or
drink detrimental to the health of human beings.
Shall mean any person who has charge, care or control of
a dwelling or premises, or a part thereof, whether with or without
the knowledge and consent of the owner.
Shall mean any person (1) who, alone or jointly or severally
with others, has legal or equitable title to any premises, whether
or not in actual possession thereof, or (2) who has charge, care or
control of any dwelling unit, as owner or agent of the owner, or as
a fiduciary, or as a mortgagee in possession regardless of how such
possession was obtained. Any person who is a lessee, sublessee or
assignee under any lease or sublease of any part or all of any dwelling
or dwelling unit shall, for purposes of this code, be deemed to be
a co-owner of, and shall have joint responsibility with the owner
respecting the part of the premises covered by the lease or sublease.
Shall mean a lot, plot or parcel of land, including the buildings
or structures thereon.
Shall mean putrescible and nonputrescible solid wastes including,
but not limited to, garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Shall mean anything that is built or constructed and permanently
affixed over or under the ground or upon another structure or building.
[Ord. No. 2000-0-42 § 17-8.5]
Every residential and nonresidential building and the premises on which it is situated, previously or presently used or intended to be used for dwelling, commercial, business or industrial occupancy, shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or for the installation or repair of equipment or facilities prior to the effective date of this code. This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained herein, except as provided in subsection 17-8.6.
[Ord. No. 2000-0-42 § 17-8.6]
In any case where the provisions of this code impose a standard
higher than set forth in other ordinances of the Town or under the
laws of the State of New Jersey, the standards as set forth herein
shall prevail. However, if the provisions of this code impose a lower
standard than those set forth in other ordinances of the Town or laws
of the State of New Jersey, the higher standard contained in any such
other ordinances or laws shall prevail.
[Ord. No. 2000-0-42 § 17-8.7]
No certificate of compliance with this code shall constitute
a defense against noncompliance with any other ordinance of the Town.
[Ord. No. 2000-0-42 § 17-8.8]
a.
Owners and Operators. Owners and operators shall have all the obligations
and responsibilities prescribed in this code and shall not be relieved
therefrom, nor be entitled to defend against any charge of a violation
thereof, by reason of the fact that the occupant is also responsible
therefor and in violation thereof.
b.
Contract Not to Alter Responsibilities. Unless expressly provided
to the contrary in this code, the respective obligations and responsibilities
of an owner and operator on one hand and an occupant on the other,
shall not be altered, affected or diminished by any agreement or contract
by and between any of the aforesaid or between them and other parties.
[Ord. No. 2000-0-42 § 17-8.9]
The exterior of the premises and all structures thereon shall
be kept free of any hazards or threats to the safety of occupants,
pedestrians or other persons utilizing the premises, and shall be
kept free of unsightly or unsanitary conditions. Any such hazards
shall be removed promptly and abated. Hazards and unsightly or unsanitary
conditions shall include, but shall not be limited to, the following:
a.
Refuse including, without limitation, junk, debris, scrap lumber,
scrap metal, inoperable machinery or parts and fragments thereof,
glass, stumps and trash.
b.
Loose and overhanging objects including, without limitation, dead
and dying trees, accumulations of ice and other similar conditions
which by reason of their location above ground level constitute a
hazard to persons in the vicinity thereof.
c.
Ground surface hazards including, without limitation, holes, excavations,
breaks, projections and obstructions.
d.
Inadequate foundation or retaining walls, piers, columns or similar
loadbearing components which are not capable of bearing imposed loads
safely.
e.
Unsafe exterior facilities including, without limitation, exterior
porches, landings, balconies, stairs and fire escapes. All such shall
be kept structurally sound and in good repair and shall be provided
with banisters or railings property designed and maintained.
f.
Inadequate run-off drains which shall fail to eliminate recurrent
or excessive accumulations of stormwater.
g.
Chimneys and all flue and vent attachments thereto not maintained
structurally sound and free from defects and not 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, smoketight and
capable of withstanding the action of flue gases.
h.
Snow and ice which shall not have been removed from sidewalks, entrance stairways and walkways connecting entrance stairways to sidewalks as provided in Section 23-11 of the Revised General Ordinances of the Town of Kearny so as to constitute a hazard to persons using the premises.
i.
Sidewalks which are not unencumbered, broom clean, free from filth,
slops and litter.
[Ord. No. 2000-0-42 § 17-8.10]
The exterior of premises, including the exteriors of dwelling
structures and accessory structures, shall be maintained so that the
appearance of the premises and all buildings thereon shall not constitute
a blight factor.
a.
General Maintenance. To preserve property values, eliminate safety
hazards and protect adjoining properties and the neighborhood from
blighting influences, the exterior of every structure or accessory
structure, including fences, shall be maintained in good repair. All
surfaces thereof shall be kept free of broken glass, loose shingles,
crumbling stone and brick or excessive peeling paint.
b.
Storage. Equipment and materials relating to business, commercial
or industrial uses shall not be stored on the premises unless permitted
under the zoning ordinances.
c.
Motor Vehicles. No unregistered, uninspected or inoperable motor
vehicle shall be parked outside on any residential property. At no
time shall any vehicle in a state of major disassembly, disrepair
or in the process of being stripped or dismantled be parked outside
on any residential property. However, nothing herein shall prevent
ordinary repairs or maintenance to be made on any personally owned
noncommercial vehicles by residents of the property on which the vehicles
are located.
d.
Front Yard Parking. No person shall park, stop or stand any motor
vehicle, or permit or suffer any vehicle to be parked, stopped or
standing, in the front yard area of any residential premises except
on driveways and parking areas constructed and installed in compliance
with applicable Town ordinances.
e.
Waterways, Brooks, Etc. All waterways, brooks, drainage ditches and
swales located on or immediately adjacent to the premises shall be
maintained in good condition, free from debris or other obstructions.
[Ord. No. 2000-0-42 § 17-8.11]
The exteriors of premises and accessory structures shall be
maintained so that the appearance of the premises and all buildings
shall not constitute a blight factor.
a.
General Maintenance. To preserve property values, eliminate safety
hazards and protect adjoining properties and the neighborhood from
blighting influences, the exterior of every structure or accessory
structure, including fences shall be maintained in good repair and
all surfaces thereof shall be kept free of broken glass, loose shingles,
crumbling stone or brick and excessive peeling paint.
b.
Conditions of Approval. All conditions of approval incorporated in
other ordinances or resolutions of the Town, or of any duly constituted
board or agency of the Town, shall be adhered to and shall be construed
to impose continuing conditions of approval hereunder. On-site improvements
of every kind or nature, including, without limitation, sidewalks,
curbs, catch basins, storm drains and driveways shall be maintained
in good and serviceable condition at all times.
c.
Windows. No storage of materials, stock or inventory shall be permitted
in window display areas unless the areas are first screened from the
public view by drapes, venetian blinds or other permanent rendering
of the windows opaque to the public view. All such screening of interiors
shall be maintained in a clean and attractive manner and in a good
state of repair. This section shall not apply to the ordinary display
of goods and materials offered for sale at that location.
d.
Store Fronts. All store fronts and all surfaces thereof shall be
maintained in good repair. In the event repairs to a portion of a
store front are made, such repairs shall be performed with materials
identical or compatible with the materials used in the area not undergoing
repair so that the appearance of the store front shall be uniform
and attractive and shall not constitute a blighting factor depreciating
adjoining properties.
e.
Motor Vehicles. Unregistered, uninspected or inoperable motor vehicles shall not be permitted on any property in any business, commercial or industrial zone. At no time shall any vehicle be in any state of major disassembly, disrepair or in the process of being stripped or dismantled, except at an approved automobile repair facility and then only when such vehicle is in the process of being repaired. At no time shall any vehicle of any type undergo major overhauling, including body work, in a business, commercial or industrial zone, except at an approved automobile repair facility when such vehicle is in the process of being repaired. This section shall not apply to junkyards which shall be governed by Section 5-54 of the Ordinances of the Town of Kearny.
f.
Awnings and Marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. If such awnings or marquees
are not properly maintained in accordance with the foregoing, they,
and their supporting members, shall be removed forthwith. If the 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 holes. Notwithstanding, nothing
herein shall be construed to authorized any encroachment not otherwise
permitted on streets, sidewalks or other parts of the public domain.
g.
Signs. All signs, including the structural and supporting components
thereof, and all light stanchions and poles shall be maintained in
good repair.
h.
Parking Lines. All parking areas shall be marked with clearly visible
parking lines and necessary directional arrows. Such markings shall
be consistent with requirements as to parking areas imposed by other
ordinances or resolutions.
i.
Waterways, Brooks, Etc. All waterways, brooks, drainage ditches and
swales, to the extent that the same are located on or immediately
adjacent to the premises, shall be maintained in good condition, free
from debris, plantings or other obstructions.
[Ord. No. 2000-0-42 § 17-8.12]
a.
Residential. Every dwelling and accessory structure, and every part
thereof, shall be kept structurally sound and in a state of good repair
to avoid safety or health hazards.
1.
Exterior Walls, Sidings and Roofs. Exterior walls, sidings and roofs
shall be kept structurally sound in good repair and free from defects.
2.
Structures or portions of structures showing signs of rot, leakage,
deterioration or corrosion are to be restored and protected against
weathering or seepage.
b.
Nonresidential. The exterior of every structure or accessory structure,
including fences and store fronts, shall be maintained in good repair.
All surfaces shall be maintained free of broken glass, loose brick,
excessive peeling paint, or other conditions reflective of deterioration
or inadequate maintenance. All reconstruction of walls and siding
shall be of standard quality and appearance commensurate with the
character of the properties in the zoning district in which the premises
are located.
[Ord. No. 2000-0-42 § 17-8.14]
Vacant buildings shall be locked. All windows, doors and other
openings, shall be kept adequately secured to exclude trespassers,
but shall not be boarded up except on a temporary basis with the prior
approval of the Construction Official.
[Ord. No. 2000-0-42 § 17-8.14]
The Construction Official shall be responsible for all inspections,
regulations and enforcement. All hearings on violations of the provisions
of this code, unless expressly stated to the contrary, shall be under
his direction and supervision.
[Ord. No. 2000-0-42 § 17-8.15]
All buildings and premises subject to this code are subject
to inspections by the Construction Official for compliance with the
provisions of this code. Such inspections shall be made only between
9:00 a.m. and 4:00 p.m. unless the Construction Official obtains prior
approval from the Mayor and Council or where there is reason to believe
that a violation exists of a character which is an immediate threat
to health or safety, requiring inspection and abatement without delay.
[Ord. No. 2000-0-42 § 17-8.16]
The Construction Official shall request consent of the owner, or other person in charge of a structure prior to entry. If any owner, or person in charge of a structures refuses, impedes, inhibits, interferes with, restricts or obstructs entry, the Construction Official may seek a warrant as per subsection 17-8.18.
[Ord. No. 2000-0-42 § 17-8.17]
The Construction Official may apply to the Judge of the Kearny
Municipal Court for a search warrant, setting forth factually in his
sworn application the conditions and circumstances which he alleges
provide a reasonable basis for believing that a violation of this
code exits.
[Ord. No. 2000-0-42 § 17-8.18]
Where a violation of this code is found to exist, a written
notice from the Construction Official shall be served on the person
or persons responsible for the correction thereof.
[Ord. No. 2000-0-42 § 17-8.19]
The notice shall specify (1) the violation or violations committed,
(2) what must be done to correct the same, (3) a reasonable period
of time, not to exceed 30 days, within which to correct or abate the
violation, (4) the right of the person served to request a hearing,
and (5) that the notice automatically shall become an order for the
Construction Official in 15 business days after service unless a hearing
is requested.
[Ord. No. 2000-0-42 § 17-8.20]
The notice of violation may be served personally or by certified
mail, addressed to the last known address of the person to be served.
Where it is ascertained that the owner does not reside on the premises,
the last known address shall be the address of the owner as shown
on the tax rolls. If the last known address cannot be ascertained,
the notice may be posted on the outside front entrance of the building.
The Construction Official shall file and provide notice to any
owner, operator or occupant of any violation at an address other than
the last known address if such other address is filed with the Construction
Official. Service upon an owner, operator or occupant also may be
effected by service of the notice upon a member of the family of the
owner, operator or occupant. The date of service of the notice, where
service is by mail, shall be the day shown on the certified receipt.
[Ord. No. 2000-0-42 § 17-8.21]
Ten business days after the date of service, the notice shall
constitute a final order unless a person affected by the notice serves
a written request for a hearing upon the Construction Official before
that time. Such a request for a hearing shall set forth briefly the
grounds or reasons on which the request is based and the factual matters
contained in the notice of violation which are to be disputed at the
hearing. The application shall be accompanied by a fee in the sum
of $25 for residential properties and $50 for nonresidential properties.
However, the said fees shall be refundable if no correction or abatement
is found necessary by the Construction Board of Appeals. Within 30
days of receipt of the request, the Construction Official shall set
the matter down for hearing before the Construction Board of Appeals.
The party requesting the hearing shall receive at least five business
days' notice of the hearing.
[Ord. No. 2000-0-42 § 17-8.22]
The Construction Official shall make available to the Board
the full record of the application, including a detailed explanation
of the reasons for the notice of violation.
All hearings shall be open to the public. The appellant, his
representatives or legal counsel, and the Construction Official shall
be granted an opportunity to address the Board, which may take testimony
under oath.
If fewer than four members of the Board are present to consider
a specific matter, either the appellant or the Construction Official
shall be entitled to a postponement of the hearing. In such cases,
the proceedings shall not be stayed more than 90 days. If there is
no request to postpone, any decision made by the Board members present
shall be binding.
No hearing shall be conducted unless there are at least three
members of the Board present.
The Board shall hear the appeal, render a decision thereon,
and file its decision with a statement of the reasons therefor with
the Construction Official not later than 10 business days following
the hearing.
The Board may affirm, reverse or modify the decision of the
Construction Official or remand the matter to the Construction Official
for further action.
Decisions of the Board shall be by a concurring vote of at least
three members. If three concurring votes are not obtained, the decision
of the Construction Official shall be deemed affirmed.
The Construction Official shall take immediate action in accordance
with the decision of the Board, unless the decision is stayed by a
Court of competent jurisdiction.
Any party, including the Construction Official, may appeal from
the decision of the Board to a Court of competent jurisdiction within
30 days of the decision.
[Ord. No. 2000-0-42 § 17-8.23]
The Construction Official 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 such event the time for completion may be extended
for a period not to exceed 90 days beyond the expiration date of the
original notice.
[Ord. No. 2000-0-42 § 17-8.24]
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to health or
safety unless abated without delay, the Construction Official may
either abate the violation or condition immediately or direct the
owner, operator or occupant to correct the violation or condition
within a period of time not to exceed three days. If the owner, operator
or occupant fails to do so, the Construction Official shall immediately
abate the condition.
[Ord. No. 2000-0-42 § 17-8.25]
Where abatement of any nuisance, correction of a defect or rendering
the premises in compliance with any ordinance or State law requires
expending Town moneys, the Construction Official shall present a report
of work proposed to be done to accomplish the foregoing to the Mayor
and Council, with an estimate of the cost thereof.
The Mayor and Council may thereupon by resolution authorize
the abatement of the nuisance, correction of the defect, or the work
necessary to place the premises in compliance. If the Mayor and Council
authorizes the work, the Construction Official may thereafter proceed
to have the work performed at Town expense not to exceed the amount
specified in the resolution. Upon completion of the work, he shall
submit a report of the moneys expended and costs to the Mayor and
Council. After review of the same, the Mayor and Council may approve
said costs, and any other costs related to the matter whereupon the
same shall become a lien against the premises collectible as provided
by law. A copy of the resolution approving said costs shall be certified
by the Mayor and filed with the Tax Collector who shall be responsible
for the collection thereof. The Tax Collector shall forthwith forward
to the owner as his, her or its name appears on the tax rolls a detailed
copy of the costs and the amount due by certified mail.
[Ord. No. 2000-0-42 § 17-8.26]
Any failure to correct or abate violations in accordance with
the requirements of this code shall be punishable by a fine not to
exceed $500 for each violation committed hereunder. Each violation
of a section or subsection of this code shall constitute a separate
violation independent of any other section or subsection. Each day's
failure to comply with any such section or subsection shall constitute
a separate violation. No fine may be levied against an owner-occupant
or a nonowner-occupant of a residential unit who submits adequate
proof that he or she is not financially able to correct the violations,
but such circumstance shall not preclude the construction official
from proceeding pursuant to Section 8-25 of this code.
Where an owner or operator has been convicted of a violation
of this code and within 12 months thereafter has been found guilty
of a second violation of this code, the Judge of the Kearny Municipal
Court may, if he finds the second offense was willful and inexcusable,
sentence the offender, to imprisonment in the County jail for a period
not to exceed 90 days in addition to or in lieu of the fine set forth.
[Ord. No. 2006-(O)-12 § 5]
The purpose of this section is to establish requirements for
the proper handling of yard waste in the Town of Kearny, so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 2006-(O)-12 § 5]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street or coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean leaves and grass clippings.
[Ord. No. 2006-(O)-12 § 5]
Other than in the manner and at the times provided for in Section 17-10 Yard Waste Collection Program, the owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 2006-(O)-12 § 5]
The provisions of this section shall be enforced by the Public
Works Department, the Health Department of the Town of Kearny and
any other department hereinafter designated by the Town Administrator.
[Ord. No. 2006-(O)-12 § 5]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500 for
each violation committed hereunder. Each day's failure to comply with
any section or subsection shall constitute a separate violation.
Where a person has been convicted of a violation of this section
and within 12 months thereafter has been found guilty of a second
violation of this section, the Judge of the Kearny Municipal Court
may, if the Judge finds the second offense was willful, sentence the
offender to imprisonment in the County jail for a period not to exceed
90 days in addition to or in lieu of the fine set forth above.
[Ord. No. 2006-(O)-12 § 6]
The purpose of this section is to establish a yard waste collection
and disposal program in the Town of Kearny, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Ord. No. 2006-(O)-12 § 6]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street or coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean leaves and grass clippings.
[Ord. No. 2006-(O)-12 § 6]
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this section.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Ord. No. 2006-(O)-12 § 6]
The provisions of this section shall be enforced by the Construction
Official of the Town of Kearny and any other department hereinafter
designated by the Town Administrator.
[Ord. No. 2006-(O)-12 § 6]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500 for
each violation committed hereunder. Each day's failure to comply with
any section or subsection shall constitute a separate violation.
Where a person has been convicted of a violation of this section
and within 12 months thereafter has been found guilty of a second
violation of this section, the Judge of the Kearny Municipal Court
may, if the Judge finds the second offense was willful, sentence the
offender to imprisonment in the County jail for a period not to exceed
90 days in addition to or in lieu of the fine set forth above.
[Ord. No. 2012-39]
For purposes of this section, the following definitions shall
apply:
Shall mean any container designed for the outdoor storage
of personal property, including a "POD" or similar storage container,
which is typically rented to owners or occupants of property for their
temporary use and which is delivered and removed by vehicle.
Shall mean a piece, parcel, tract or plot of land occupied
or that may be occupied by one or more buildings or uses and their
accessory buildings and accessory uses which is generally considered
to be one unified parcel.
Shall mean the owner or occupant of property entering into
an agreement with a portable storage unit company or other person
or entity for the placement of a portable storage unit on a site located
in the Town of Kearny.
[Ord. No. 2012-39]
a.
No portable storage unit shall be placed or maintained by any private
person or entity in or on any property, street or right-of-way in
the Town without a valid permit issued by the Construction Official
or his designee.
b.
No portable storage unit may be placed or maintained on any private
property unless it complies with one of more of the following provisions:
1.
Such containers may be placed or maintained on a driveway or other
suitably paved area, at the furthest accessible point from the street,
for purposes of packing or unpacking goods and materials of the owner
or occupant of the property in preparation for or subsequent to moving
in or out of the property for a period of not more than 30 consecutive
days.
2.
Such containers may be placed or maintained on a driveway or other
suitably paved area, at the furthest accessible point from the street,
for purposes of storing the personal property of the owner or occupant
of the property when necessary during renovation or rehabilitation
of the structure located on the property in which the personal property
would otherwise be located during the period of renovation or rehabilitation,
but in no event for more than a total of 30 consecutive days.
[Ord. No. 2012-39]
Before the placement of a portable storage unit on any private
property the owner of the property using the portable storage unit
or the person contracting for the use of such portable storage unit
shall apply for and receive a permit from the Town in accordance with
the requirements and standards set forth herein.
a.
An application for a permit shall be made to the Construction Official
or his designee on a form provided by the Town. The application shall
require, among other things, the full name, address and other contact
information for the owner of the portable storage unit, the owner
of the property with which the use of the portable storage unit is
associated, and the person contracting for the use of the portable
storage unit (if such person is not the owner of the property for
which the portable storage unit is to be used). Every application
for a permit shall be accompanied by a permit fee of $25.
b.
Any portable storage unit placed on private property shall be placed
on a suitable base to assure stability. If, in the opinion of the
Construction Official or his designee, the location is sufficiently
close to a vehicular intersection or pedestrian path, the permit may
require that the unit be equipped with appropriate reflectors or other
safety markings so that the unit will not constitute a hazard to traffic
or pedestrians. The specific number, location and type of markings
shall be determined by the Construction Official or his designee and
noted on the permit at the time of its issuance or at any time thereafter.
c.
Any permit issued for placement of a portable storage unit on private
property shall be valid for a period of 30 days and a sticker or notice
shall be prominently displayed on the portable storage unit or on
the property upon which the unit is placed indicating the commencement
and expiration dates of the permit.
d.
Upon a showing of continued need for the portable storage unit (such
as during the course of major construction projects), the Construction
Official or his designee may renew a permit for up to two additional
periods, not to exceed 30 days each, upon the filing of an application
for renewal and payment of a fee of $25 for each renewal.
e.
An application for an additional extension beyond the time periods
specified in paragraph d may be made to the Construction Official
or his designee on a form provided by the Town. The application shall
contain complete identifying information regarding the portable storage
unit, the permit number, the time the portable storage unit has been
at the site, and the reason for its use. The application for an additional
extension shall be accompanied by a fee of $50.
1.
The application shall be reviewed and a determination made as to
whether an additional extension should be granted, and the duration
of that extension, within 10 business days of the filing of a complete
application.
2.
In considering the application, the Construction Official or his
designee shall consider the following:
(a)
The length of time the portable storage unit has been in place;
(b)
The particular use of the portable storage unit;
(c)
The reasonableness of the time required to complete that purpose
in light of all attendant circumstances;
(d)
The location of the portable storage unit;
(e)
The visual impact, nature of the neighborhood, and similar issues;
(f)
Whether noise, litter or other quality of life issues have been
associated with the use of the portable storage unit;
(g)
Whether the delay in completing the work or project for which
the portable storage unit is necessary is beyond the reasonable control
of the owner of the property;
(h)
The additional time reasonably necessary to complete the work
or project; and
(i)
Such other factors deemed reasonable and appropriate under the
circumstances.
[Ord. No. 2012-39]
a.
No more than one portable storage unit may be placed on any property
at one time and no more than one permit may be issued for any property,
including any renewals of said permit, during a twelve-month period.
b.
No hazardous material or organic waste shall be placed in a portable
storage unit.
c.
No portable storage unit shall be used for the storage of construction
debris business inventory, commercial goods, or any personal property
which is not owned by the owner or occupant of the property where
the unit is located. Upon reasonable notice to the permit holder the
Town may inspect the contents of any portable storage unit for compliance
with this section.
d.
The owner of the portable storage unit and the owner of the site
on which the unit is located shall be jointly responsible to ensure
that the portable storage unit is in good condition, free from evidence
of deterioration, weathering, discoloration, rust, ripping, tearing
or other holes or breaks.
e.
A portable storage unit shall be no larger than 130 square feet in
area and no higher than 10 feet above grade.
[Ord. No. 2012-39]
The person contracting for the use of a portable storage unit
and the owner of the property associated with its use shall be jointly
responsible for compliance with the provisions of this section. Copies
of the penalty provisions of this section shall be appended to the
permit and shall be mailed with a copy of the permit to the owner
of the portable storage unit, the property owner, and any other interested
party.
[Ord. No. 2012-39]
a.
It shall be unlawful for a portable storage unit to remain on any
property in excess of the time period set forth in the permit issued
by the Town. Each day a portable storage unit remains on a property
in violation of the provisions of this section shall be considered
a separate violation subject to the penalty provisions set forth below.
b.
Any person who violates any provision of this section shall, upon
conviction in Municipal Court or any other court having jurisdiction,
be liable for a fine of not less than $50 nor more than $500.
[Ord. No. 2016-53]
The purpose of this Section 17-12 adopted by Ordinance No. 2016-53 is to notify property owners, lien holders and other interested parties of properties within the Town of Kearny of the intent of the Town to adopt the Abandoned Properties and Rehabilitation Act, N.J.S.A. 55:19-78 et seq. its provisions, procedures, authority and lawful remedies, empowering the Town and its officials to act under the authority of that act. This Section incorporates all substantive rights and obligation of the Act.
[Ord. No. 2016-53]
Means the person designated or appointed by the Mayor and
Council by resolution to exercise the powers and authority prescribed
by the Ordinance.
Means the Town of Kearny.
[Ord. No. 2016-53]
Except as provided in N.J.S.A. 55:19-83, any property that has
not been legally occupied for a period of six months and which meets
any one of the following additional criteria may be deemed to be abandoned
property upon a determination by the public officer that:
a.
The property is in need of rehabilitation in the reasonable judgment
of the public officer, and no rehabilitation has taken place during
that six-month period;
b.
Construction was initiated on the property and was discontinued prior
to completion, leaving the building unsuitable for occupancy, and
no construction has taken place for at least six months as of the
date of a determination by the public officer pursuant to this section;
c.
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes as of the date of a determination by the public officer pursuant to this section; or
d.
The property has been determined to be a nuisance by the public officer
in accordance with N.J.S.A. 55:19-82.
A property which contains both residential and non-residential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et al. so long as two-thirds or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either subsection a or subsection d of this section.
[Ord. No. 2016-53]
A property may be determined to be a nuisance if:
a.
The property has been found to be unfit for human habitation, occupancy
or use pursuant to N.J.S.A. 40:48-2.3;
b.
The condition and vacancy of the property materially increases the
risk of fire to the property and adjacent properties;
c.
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the Town has secured
the property in order to prevent such hazards after the owner has
failed to do so;
d.
The presence of vermin or the accumulation of debris, uncut vegetation
or physical deterioration of the structure or grounds have created
potential health and safety hazards and the owner has failed to take
reasonable and necessary measures to remove the hazards; or
e.
The dilapidated appearance or other condition of the property materially
affects the welfare, including the economic welfare, of the residents
for the area in close proximity to the property, and the owner has
failed to take reasonable and necessary measures to remedy the conditions.
The public officer who determines a property to be a nuisance
pursuant to paragraphs b through e of this subsection shall follow
the notification procedures set forth in N.J.S.A. 40:48-2.3 et seq.
[Ord. No. 2016-53]
a.
The Mayor and Council hereby direct the public officer to identify
"abandoned property" for the purpose of establishing an "abandoned
property list" of abandoned property throughout the entire Town. Each
parcel so identified shall include the tax lot and block number, the
name of the owner of record, if known, and the street address of the
lot.
b.
The public officer may add properties to the abandoned property list
at any time and alternatively may delete or remove properties from
the list at any time when the public officer finds that the property
no longer meets the criteria of an abandoned property.
c.
An abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of rehabilitation
work authorized by the permits. Removal of certain properties from
the abandoned property list may be performed in accordance with any
and all provisions of the Abandoned Properties Rehabilitation Act,
N.J.S.A. 55:19-78 et seq.
d.
The public officer shall establish the abandoned property list by
publication in an official newspaper of the Town, which publication
shall constitute public notice, and, within 10 days after publication,
the public officer shall send a notice, by regular and certified mail,
return receipt requested, to the record owner of each and every property
included on the published list. The publication shall include the
name of the record owner, tax lot and block number and street address.
The public officer, in consultation with the Assessor, shall also
send out a notice by regular mail to any known mortgagee, servicing
organization, or property tax processing organization that regularly
receives a duplicate copy of the tax bill for the property. The mailed
Notice shall indicate the factual basis for the public officer's determination
that the property is abandoned property specifying the rules and regulations
promulgated and the information relied upon in making such finding.
The public officer is further required to satisfy all other prescribed
notices and filings pursuant to the Abandoned Properties Rehabilitation
Act and is entitled to all other remedies and available procedures
afforded by it.
e.
An owner or lien holder may challenge the inclusion of his or her
property on the abandoned property list by appealing that determination
to the public officer within 30 days of the owner's receipt of the
certified or regular mailed notice or 40 days from the date upon which
the notice was sent. An owner whose identity was not known to the
public officer shall have 40 days from the date upon which notice
was published or posted, whichever is the later to challenge the inclusion
of the property of the abandoned property list. For good cause shown
to the public officer, a late challenge shall be accepted by the public
officer. Within 30 days of receipt of a challenge, the public officer
shall schedule a hearing for a redetermination of the inclusion. Any
property included on the list is presumed to have satisfied the criteria
for inclusion, and the burden is on the property owner to submit the
proper paperwork and/or testimony that can demonstrate that the property
was erroneously included on the list. The affidavit or certification
shall be accompanied by supporting documentation which may include,
but is not be limited to, photographs, repair invoices, bills and
construction contracts. The sole ground for appeal shall be that the
property in question is not abandoned property. The public officer
shall promptly, by certified mail return receipt requested, and by
regular mail notify the property owner of the decision and the reasons
therefor.
f.
The owner or lien holder may challenge an adverse determination of his or her appeal by the public officer by instituting a summary proceeding in the Superior Court, Law Division, in Hudson County. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the public officer pursuant to subsection e. The sole ground for appeal shall be that the property in question is not abandoned property as the term is defined in N.J.S.A. 55:19-54. The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination except that for good cause shown, the court may extend the time.
[Ord. No. 2016-53]
a.
If an entity other than the Town has purchased or taken assignment of a tax sale certificate on a property that has not been legally occupied for a period of six months, that property shall not be placed on the abandoned property list pursuant to N.J.S.A. 55:19-55. If an entity other than the Town has purchased or taken assignment of a tax sale certificate on a property that has not been legally occupied for a period of six months, that property shall not be placed on the abandoned property list pursuant to N.J.S.A. 55:19-55 if (i) the owner of the certificate has continued to pay all taxes and liens on the property in the tax year when due; and (ii) the owner of the certificate takes action to initiate foreclosure proceeding within six months after the property is eligible for foreclosure pursuant to either subsection a or subsection b of N.J.S.A. 54:5-86, as appropriate, and diligently pursues foreclosure proceedings in a timely fashion thereafter.
b.
A property which is used on a seasonal basis shall deemed to be abandoned
only if the property meets any two of the additional criteria set
forth in N.J.S.A. 55:19-81.
c.
A determination that the property is abandoned property under the
provisions of N.J.S.A. 55:19-78 et al. shall be constitute a finding
that the use of the property has been abandoned for purposed of municipal
zoning or land use regulation.
d.
Upon request of a purchaser or assignee of a tax sale certificate
seeking to bar the right of redemption on an abandoned property pursuant
to subsection of N.J.S.A. 54:5-86, the public officer or the tax collector
shall, in a timely fashion, provide the requester with a certification
that the property fulfills the definition of abandoned according to
the criteria set forth in sections 4 and 5 of N.J.S.A. 55:19-81 and
55:19-82.
[Ord. No. 2016-53]
a.
An owner may remove a property from the list of abandoned properties
prior to sale of the tax sale certificate by paying all taxes and
Town liens due, including interest and penalties, and:
1.
By posting cash or a bond equal to the cost of remediating all conditions
because of which the property has been determined to be abandoned
pursuant to N.J.S.A. 55:19-55 and depositing cash or a bond to cover
the cost of any environmental cleanup required on the property, evidenced
by a certification by a licensed engineer retained by the owner and
reviewed and approved by the public officer stating that the cash
or bond adequately covers the cost of the cleanup; or
2.
By demonstrating to the satisfaction of the public officer that the
conditions rendering the property abandoned have been remediated in
full; provided, however, that where conditions because of which that
property was determined to be abandoned pursuant to N.J.S.A. 55:19-55,
as evidenced by significant rehabilitation activity on the property,
the public officer may grant an extension of time of not more than
120 days for the owner to complete all work, during which time no
further proceeding will be taken against the owner of the property.
b.
If the owner has posted cash or a bond in order to have a property
removed from the abandoned property list and the conditions because
of which the property was determined to be abandoned have not been
fully remediated within one year of the date of posting the cash or
bond, or, in the case of a property which requires a remediation of
any known, suspected or threatened release of contaminants, if the
owner has failed to enter into a memorandum of agreement with the
Department of Environmental Protection or an administrative consent
order, remediation in conformance with the agreement or order, then
the cash or bond shall be forfeited to the Town which shall use the
cash or bond and any interest which has accrued thereon for the purpose
of demolishing or rehabilitating the property or performing the environmental
remediation. Any funds remaining after the property has been demolished,
rehabilitated or cleaned up shall be returned to the owner.
[Ord. No. 2016-53]
If any provision of this Section 17-12, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Section to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of this Section are severable.
[Ord. No. 2016-53]
All ordinances or parts of ordinances which are inconsistent
with any provisions of this Section are hereby repealed as to the
extent of such inconsistencies.
[Ord. No. 2016-53]
If any provision of this Section is inconsistent with the provisions
of the statute, the provisions of the statute shall govern.
[Ord. No. 2016-53]
The public officer shall provide a report to the governing body
every six months, with respect to the number and location of properties
on the Abandoned Property List, the status of those properties, and
any actions taken by the municipality or by any qualified rehabilitation
entity designated pursuant to the authority granted the public officer
with respect to any property on the list or any other abandoned property
within the Town.
[Ord. No. 2016-53]
No provision hereof shall be construed as restricting or otherwise
abrogating the enforcement and other powers of the Town's Construction
Code Official under the New Jersey Uniform Construction Code, including,
without limitation, N.J.S.A. 52:27D-123 et seq. and N.J.A.C. 5:23-1.1
et seq. (collectively, the "Code"). The provisions hereof shall be
construed as consistent with the enforcement and other powers of the
Town's Construction Code Official under the Code.
[Ord. No. 2016-53]
The Chief Financial Officer is authorized to impose liens for
costs resulting from any action taken by the Town pursuant to this
article, subject to the provisions of any law, regulation or ordinance
governing the imposition of such liens.
[Added 2-8-2022 by Ord. No. 2022-5]
a.
At any
construction site at which there are no bathroom or plumbing facilities
and for which a construction or building permit is issued or required,
the contractor or property owner may provide a portable toilet for
construction workers.
b.
Such portable
toilet shall be parked on private property only in accordance with
the requirements of Subsection C below. In no instance may such a
portable toilet be parked on public property or in a public right-of-way.
c.
Such portable
toilets shall not be located in the front of the property and shall
be located a reasonable distance from the property lines of adjoining
properties. Portable Toilets shall be dark green or brown in color
to minimize visual impacts, unless the contractor can demonstrate
that these colors are not readily available. If, in the judgment of
the Construction Official, such portable toilet cannot be located
anywhere but the front of the property and/ or cannot be located a
reasonable distance from the property lines of adjourning properties,
and/ or is not available in dark green or brown, the Construction
Official may require the contractor and/ or property owner to erect
barriers or screens around the portable toilet to minimize the impact
that such portable toilet has on adjoining properties. A sketch of
the screen or barrier to be employed and a sketch of the site indicating
the placement of the portable toilet shall be provided to the Construction
Official for his review. The reasonable judgment of the Construction
Official shall constitute grounds for the Construction Official directing
the movement of the portable toilet to a location other than that
proposed by the contractor or property owner.
d.
The portable
toilet placed at the site by the contractor or property owner shall
comply with all applicable federal, state, county or local laws, statutes,
ordinances, and regulations, including without limitation health codes
and regulations.
e.
The portable
toilet required hereunder shall be emptied on a regular basis and
shall otherwise be maintained in a safe and sanitary manner.
f.
The portable
toilet required hereunder shall immediately be removed upon the completion
of any construction work, or the availability of bathroom facilities
at the site. The portable toilet shall also be removed if construction
is inactive for 10 days.
g.
Except
as set forth above, no portable toilets shall be placed on any private
property within the Town.
