[Adopted 6-12-1985 by Ord. No. 85-802 (Ch. 86, Art. I, of the 1966 Code)]
[1]
Editor's Note: Original Part 1 of Ch. 86 of the 1966 Code, Buildings Other Than Single-Family Residential, adopted 4-14-1970 by Ord. No. 572, as amended, was repealed 5-27-1997 by Ord. No. 97-1060.
This article shall be known as the "Property Maintenance Code of the Borough of Montvale" and may be referred to in this article in the short form as "this code."
It is hereby found and declared that there exist in the Borough of Montvale buildings and premises used for residential and nonresidential purposes which are or may become substandard with respect to structural integrity, equipment or maintenance, and further that such conditions, including but not limited to structural deterioration, lack of exterior maintenance, infestation, lack of minimal essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding constitute a hazard and endangerment to the health, safety, welfare and reasonable comfort of the citizens and inhabitants of the Borough of Montvale.
The purpose of this code is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, condition and occupancy of premises situated in the Borough, used or intended to be used or designed to be used, in whole or in part, for residential and nonresidential purposes; to establish standards governing utilities, facilities and other physical components and conditions essential to make such premises fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities upon occupants; to prevent blighting conditions; to authorize and establish procedures for the inspection of such premises; to correct violations or to fix penalties for the violations of this code; and to provide for the right of access across adjoining premises to permit repairs. 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.
A. 
Buildings affected by this code. Every building and the premises on which it is situated in the Borough used or intended to be used or designed to be used, in whole or in part, for residential and nonresidential purposes, as limited herein, shall comply with the provisions of this code, whether or not any 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 construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this code. This code establishes standards for the maintenance of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided in § 305-4B hereof.
B. 
Higher standards to prevail in case of conflict with other ordinances or laws. In any case where the provisions of this code impose a higher standard than that set forth in any other ordinance of the Borough or law of the State of New Jersey applicable thereto, then the standards as set forth herein shall prevail; but if the provisions of this code impose a lesser standard than such other ordinance of the Borough or law of the State of New Jersey, then the higher standard contained in such other ordinance or law shall prevail.
C. 
Issuance and renewal of other permits and licenses. After the date of enactment hereof, all licenses, permits and certificates of occupancy relating to such buildings and premises which may be issued or renewed pursuant to any other ordinance of the Borough may be issued or renewed only upon compliance with this code as well as compliance with the ordinance under which such licenses and permits may be granted or renewed.
D. 
Enforcement and compliance with other ordinances. Compliance with this code shall not constitute a defense against the violation of any provision of any other ordinance of the Borough or law of New Jersey applicable to any building or premises.
A. 
Owners and operators. Owners and operators shall have all the duties and responsibilities as prescribed in this code and the regulations promulgated pursuant thereto, unless specifically set forth to the contrary, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge or violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B. 
Occupants. Occupants shall have all the duties and responsibilities as prescribed in this code and all the regulations promulgated in connection therewith to the extent that said occupant has control over the premises or in the further event that the occupant has caused the condition violative of the provisions of this code.
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 any agreement or contract by and between any of the aforesaid or between them and their parties.
[Amended 5-27-1997 by Ord. No. 97-1060]
A. 
As used in this article, the following terms shall have the meanings indicated:
ABANDONED MOTOR VEHICLE
A motor vehicle exposed to public view which does not have a valid registration and license plate and has no inspection sticker or an inspection sticker which has elapsed for more than 60 days or has been inoperative for more than 60 days because of the lack of essential components such as engine parts or wheels.
BATHROOM
Any enclosed space which contains one or more of the following, i.e., bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures serving similar purposes.
BLIGHT
That which causes or is likely to cause disease or injury or, in terms of the neighborhood, frustrates its healthy growth and sustenance and that which tends to impair, wither, destroy or cause deterioration in the neighborhood, adversely affecting the general welfare of its inhabitants.
BOROUGH
The Borough of Montvale, County of Bergen, State of New Jersey.
BUILDING
A combination of materials intended to form a safe and stable structure for human habitation or otherwise and includes any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.
DETERIORATION
The condition of a building, or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, lacking structural maintenance, whether interior or exterior.
DWELLING UNIT
Any room or group of rooms forming a single habitable unit which includes or is intended to include living, sleeping, bathing, toilet and cooking facilities.
EXPOSED TO PUBLIC VIEW
Any building or premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway or parking lot or from any adjoining or neighboring premises.
EXTERIOR OF PREMISES
Those portions of a building which are exposed to public view or the elements and the open space of any premises not occupied by any building.
EXTERMINATION
The control and elimination of insects, rodents and vermin by eliminating their harborage places or by removing or making inaccessible material that may serve as their food or by poisoning, spraying, fumigating, trapping or any other approved means of pest elimination.
GARBAGE
Animal, vegetable and other organic waste resulting from handling, preparing, cooking and consumption of food or other products (see also "refuse" and "rubbish").
HABITABLE ROOM
A room occupied by one or more persons for living, eating or sleeping, but not including bathrooms, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, boiler and utility rooms or spaces that are not used frequently or for an extended period of time, or areas that have less than 50 square feet of floor area.
INFESTATION
The presence, on or within a premises, of any insects, rodents or other pests.
MIXED OCCUPANCY
Any building containing two or more dwelling units and also having a portion thereof devoted to nonresidential uses. The applicable provisions for residential and nonresidential buildings shall control.
NONRESIDENTIAL
The use of the word refers only to the nondwelling use of a mixed-occupancy building.
NUISANCE
(1) 
Any public nuisance known at common law or in law or equity jurisprudence, or as provided by the statutes of the State of New Jersey or the ordinances of the Borough.
(2) 
Physical conditions dangerous to human life or detrimental to health of persons, including but not limited to any inadequately protected well, shaft, basement, excavation, abandoned motor vehicle, icebox and refrigerator, structurally unsound fence, wall or building, lumber, trash, debris or vegetation, such as but not limited to poison ivy, oak or sumac, or detrimental to the safety or health of persons.
(3) 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
(4) 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
(5) 
Fire hazards.
OCCUPANCY UNIT
Any room or group of rooms or part thereof forming a single usable unit (used or intended to be used or designed to be used for nonresidential purposes) and located within a building used or intended to be used or designed to be used, in whole or in part, for commercial business, industrial or any other nonresidential occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
OCCUPANT
Any person or persons, including the owner, having actual possession of and using the entire building or any part thereof.
OPERATOR
Any person who has charge, care or control of a premises or part thereof, whether with or without the knowledge and consent of the owner.
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 unit as owner or agent of the owner or as executor, administrator, trustee, receiver or guardian of an estate or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee, a sublessee or assignee of all or any part of the building shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by such lessee.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PERSON
Same meaning as defined in N.J.S.A. 1:1-2.
PREMISES
A lot, plot or parcel of land and any buildings located thereon, including but not limited to sidewalks, yards and parking areas.
PUBLIC OFFICER
The person or persons who are authorized by this article to exercise powers prescribed by this code.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to brush, weeds, broken glass, debris of any description, garbage, rubbish, ashes, street cleaning, dead animals, abandoned motor vehicles and solid market and industrial wastes.
RUBBISH
Includes all combustible and noncombustible waste material excluding garbage but including liquid commercial and industrial wastes.
STRUCTURE
An assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.
WATER CLOSET COMPARTMENT
An enclosure containing a single water closet.
WEATHERING
Deterioration, decay or damage caused by exposure to the elements.
WINDOW
An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent material.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
WINDOW DISPLAY AREA
That area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business therein.
B. 
Meaning of certain words. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person and to females as well as males and to bodies corporate as well as individuals and to several matters and things as well as one matter or thing. The word "shall" shall be applied retroactively as well as prospectively.
A. 
Applicability. All of the provisions contained in this section shall be applicable to both residential and nonresidential premises.
B. 
Nuisances and hazards. The exterior of any premises shall be kept free of refuse, nuisances and any hazards to the safety of occupants, pedestrians, invitees and other persons utilizing the premises, and free of unsanitary conditions. It shall be the duty of the owner or operator to keep the premises free of, or to remove, abate and correct the premises against, such conditions, which include but are not limited to the following:
(1) 
Plantings and certain structures. In the form of walls, berms, shrubs, bushes, trees or other vegetation, except those placed, or approved for placement, therein by the governmental authority having jurisdiction thereof, the placement of any plant material or the sufferance thereof, or other vegetation in excess of a height of two feet six inches, by any owner, occupant or operator within 30 feet of a point formed by the intersection of two public rights-of-way. In addition, the limbs and foliage of any tree shall not be permitted to fall nearer to the ground than six feet where such limbs or foliage overhang or are over or upon land within the aforementioned distance from an intersection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Unsafe exterior porches, landings, balconies, stairs and fire escapes. In all buildings other than one-family dwellings, exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and kept structurally sound and in good repair.
(3) 
Overhangings. Loose, overhanging and projecting objects which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof.
(4) 
Dangerous unsanitary conditions. Holes, excavations, breaks, projections, icy conditions, uncleared snow, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.
(5) 
Recurring accumulation of stormwater. Adequate runoff drains shall be provided and maintained in accordance with applicable Borough ordinances to eliminate recurrent accumulations of stormwater, so as to prevent infestation.
(6) 
Sources of infestation.
(7) 
Defective walls. Foundation walls and retaining walls shall be kept structurally sound, free from defects and damage and capable of sustaining imposed loads safely.
(8) 
Sidewalks, driveways, etc. All sidewalks, driveways, walkways and entrance stairways shall be maintained in a safe condition, such as will not constitute a hazard to persons using the premises. Such shall include an obligation to keep such areas free from the encroachment of plantings, as well as overhanging vegetation and branches, to a height of eight feet in the case of sidewalks, walkways and entranceways and 11 feet along driveways and other areas.
(9) 
Waterways, brooks, etc. Property adjoining waterways, brooks, channels, canals, drainage ditches and swales, through which the same shall flow, shall be maintained in such a manner so as to prevent material located on the property, whether in the form of personalty or dead or diseased vegetation, including that which may be attached to living plants and trees as well as leaves, grass clippings or other debris, from entering the waterways, thus impeding or tending to impede the free flow of water, either intrinsically or in conjunction with other material located within the flow way.
(10) 
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description and as further defined under "refuse."[1]
[Added 5-27-1997 by Ord. No. 97-1060]
[1]
Editor's Note: See § 305-6, Definitions and word usage.
(11) 
Natural growth. Dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.[2]
[Added 5-27-1997 by Ord. No. 97-1060]
[2]
Editor's Note: Original § 86-7B(12) of the 1966 Code, Foundation walls, added 5-27-1997 by Ord. No. 1060, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(12) 
Chimneys and flue and vent attachments thereto. Chimneys and flue and vent attachments 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 and constructed. Chimneys, flues, gas vents and other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
[Added 5-27-1997 by Ord. No. 97-1060]
(13) 
Debris in streets and gutters. Dirt, stones and debris shall be prevented from accumulating in streets and gutters and should be removed by the abutting property owner.
[Added 5-27-1997 by Ord. No. 97-1060]
C. 
Repair and maintenance. The exterior of the premises, the exterior of dwelling structures and the condition of accessory structures shall be maintained in the manner so as to prevent a blighting effect on the surrounding neighborhood. For the purpose of this article, "blight" shall be defined in the manner as set forth herein and otherwise according to law.
D. 
Site plan. Whenever premises have been developed after application to a board of the Borough wherein a site plan application has been approved, the owner shall be responsible for the continuing maintenance of the premises, including but not limited to landscaping and grading as per the approved site plan.
E. 
Removal of refuse. If the owner or operator of any lands or buildings in the Borough shall fail or neglect to remove refuse within 10 days after notice to remove same, in the manner and within the time provided, the Public Officer may, in addition to such other remedies provided herein, cause same to be removed by the Borough. In such cases, the Public Officer shall certify the cost thereof to the Mayor and Council, which shall examine the certificate and, if found correct and reasonable, shall by resolution approve the cost as shown thereon to be charged against said lands. The amount so charged shall become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as are taxes.
F. 
Except for premises upon which the business of an automobile dealership is actively being operated in accordance with all applicable municipal ordinances and regulations, no person shall in any manner expose for sale any automobile or vehicle on any premises unless the automobile or vehicle has been duly registered at the address of the premises for a period of at least 60 days prior to its being so exposed for sale.
[Added 2-11-1997 by Ord. No. 97-1049]
G. 
Landscaping. Where exposed to public view, 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 such 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.
[Added 5-27-1997 by Ord. No. 97-1060]
H. 
Repair and painting of exteriors of buildings. All storefronts and the exteriors of all buildings shall be kept in good repair, painted where required or otherwise provided with protective treatment sufficient to prevent deterioration, and shall not hereby constitute a safety hazard or nuisance. In the event that repairs to a storefront become necessary, such repairs shall be made in harmony with the original design, with the same materials or materials of appearance similar to those used in the construction of the storefront, in such a manner as to permanently repair the damaged area or areas.
[Added 5-27-1997 by Ord. No. 97-1060]
I. 
Signs or advertisements. It is understood that the provisions of the Montvale Sign Ordinance[3] shall control.
[Added 5-27-1997 by Ord. No. 97-1060]
[3]
Editor's Note: See Ch. 400, Zoning, Art. IX, Signs.
J. 
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 be so maintained as to not constitute a nuisance or a safety hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event that any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on street, sidewalks or other parts of the public domain.
[Added 5-27-1997 by Ord. No. 97-1060; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
K. 
Scaffolding. No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period of six months after erection or placement thereof, without permission of the Public Officer.
[Added 5-27-1997 by Ord. No. 97-1060]
L. 
No person shall park any automobile or vehicle on any premises utilized for residential purposes other than on driveways servicing said premises.
[Added 5-27-1997 by Ord. No. 97-1060]
M. 
No commercial vehicle shall be parked in any residential district between sundown and sunup unless the same is placed in an enclosed garage or otherwise actively engaged in use.
[Added 5-27-1997 by Ord. No. 97-1060]
All residential and nonresidential buildings and premises and all parts of all premises shall be kept free of nuisances or other conditions which may constitute health, safety or fire hazards. The owner, operator or occupant of every building and its premises shall, along with other responsibilities necessary to attain these objectives:
A. 
Maintain all parts of premises to prevent infestation.
B. 
Not store on the premises flammable, combustible or explosive materials unless they are of a type approved for storage by municipal regulations and then only in such quantities and in such fireproof storage containers as may be prescribed by the Uniform Fire Code adopted February 18, 1985, as the same may be amended and supplemented.
C. 
Provide at least one twenty-gallon watertight receptacle with a tight-fitting cover or equivalent in total gallonage for each dwelling unit for the temporary storage of garbage. These containers shall be placed or kept on the property not nearer to the street than the building line, accessible for private or municipal collection. Privately collected garbage shall be collected at least twice a week.
D. 
Place rubbish and receptacles containing same in areas designated by the Public Officer or Department of Public Works for collections. Rubbish shall not be placed in such designated areas earlier than 5:00 p.m. of the day prior to scheduled collections, and the empty receptacles shall be removed to areas not exposed to public view by 8:00 p.m. on the collection day. Under unusual circumstances, such as the need to move heavy items when the required personnel are available, certain items may be placed in the designated area earlier than the time prescribed above. The frequency and duration of such exceptions shall be kept to a minimum, and repeated abuse of this exception will be considered a violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
In buildings containing not more than four occupancy units, it shall be the responsibility of each of the occupants and, in buildings containing more than four occupancy units, it shall be the responsibility of the owner and operator to furnish such receptacles as are needed for the proper storage of garbage and rubbish from the premises in accordance with the regulations and ordinances of the Borough of Montvale.
[Added 5-27-1997 by Ord. No. 97-1060]
F. 
Floors shall be maintained in a structurally sound condition, capable of safely bearing imposed loads, and shall be maintained at all times in a condition so as to be free of hazards.
[Added 5-27-1997 by Ord. No. 97-1060]
G. 
Supporting structural members shall be kept structurally sound, free from deterioration and capable of safely bearing imposed loads.
[Added 5-27-1997 by Ord. No. 97-1060]
H. 
Bathroom and water closet compartment floors shall be surfaced with water-resistant material and shall be kept in a dry, clean and sanitary condition at all times.
[Added 5-27-1997 by Ord. No. 97-1060]
I. 
Every building shall be provided with electric service, where required, in accordance with the standards of the National Electrical Code, as amended from time to time.
[Added 5-27-1997 by Ord. No. 97-1060]
J. 
Every bathroom and water closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wall plates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water supply fixture.
[Added 5-27-1997 by Ord. No. 97-1060]
K. 
Maximum fuse sizes, as specified by the National Electrical Code, as amended from time to time, shall be posted conspicuously on the inside cover of all fuse boxes, and no fuse shall be installed therein in excess of the stated maximums. Owners and operators shall not be held responsible for violations of fuse sizes, where the correct maximum size is stated and the fuse box is located within any part of the building which is the exclusive possession of an occupant or occupants other than the owner.
[Added 5-27-1997 by Ord. No. 97-1060]
In addition to the standards and regulations set forth in this article, which standards and regulations are incorporated by reference in this section as if set forth at length herein, the following additional standards and regulations shall apply to mixed-occupancy buildings and premises:
A. 
Storage of commercial and industrial material. There shall not be stored or used at a location exposed to public view equipment and materials relating to commercial or business uses.
B. 
Standards of maintenance. The exterior of mixed-occupancy buildings and premises shall be maintained so that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties.
C. 
Signs and billboards. All permanent signs and billboards exposed to public view permitted by Borough ordinance and regulated by the Sign Ordinance[1] or other regulations shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith. All campaign or garage sale signs shall be removed after the event or sale.
[1]
Editor's Note: See Ch. 400, Zoning, Art. IX, Signs.
A. 
Public officer. The Borough Council shall designate the Public Officer, who shall serve for a term of one year, to exercise the powers prescribed by this code and by the laws of the State of New Jersey. The Public Officer may be Building Code or Subcode Official or may be otherwise designated as the Property Maintenance Subcode Official.
[Amended 4-12-1988 by Ord. No. 88-860]
B. 
Inspections. All nonresidential premises within the Borough covered by this code shall be subject to inspection from time to time by the Public Officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the Public Officer is hereby authorized to enter, with the express consent of the occupant, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the persons in possession.
C. 
Search warrant. If the Public Officer is denied the right of inspection, he may, upon affidavit establishing good cause, apply to the Municipal Court or such other court of competent jurisdiction for a search warrant to permit entry into the premises in question.
D. 
Notice and hearing where violation discovered.
(1) 
Where a violation of this code is found to exist, or upon petition of at least five Borough residents and investigation by the Public Officer, a written notice from the Public Officer shall be served on the person or persons responsible for the correction thereof.
(2) 
The notice shall specify the violation or violations committed, what must be done to correct or abate same, a reasonable period of time not to exceed 30 days to make such corrections, the right of the person served to request a hearing and that the notice shall become an order of the Public Officer 10 days after service unless a hearing is requested pursuant to this section. The thirty-day time limit set forth herein shall not be effective where specific time limits are set forth in other sections of this code.
(3) 
Notice may be served personally on an owner, operator or occupant or agent for the owner or operator as set forth in § 305-6 of this Code. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place upon the premises where the owner or lessor has failed to register, pursuant to § 305-6. Where the notice is directed to an occupant, service may also be made by posting same on the door or entrance to the area he occupies.
(4) 
Ten days from 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 Public Officer. Such 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 Public Officer, 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.
(5) 
Hearing board.
(a) 
At any hearing required hereunder, a hearing board shall conduct and decide issues presented to it. Said hearing board shall consist of the following members, of which three members shall constitute a quorum:
[1] 
Building Subcode Official or his delegate.
[2] 
Chief of the Fire Prevention Bureau.
[3] 
Two citizens of the Borough, who shall be appointed by the Mayor with the consent of the Council for a term of two years.
(b) 
The hearing board 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 such hearing which may be pertinent to matters to be determined by it and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. A determination shall be made within 10 days from the completion of the hearing. The hearing board shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
(6) 
The Public Officer or the hearing board, where necessary, 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.
(7) 
Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Public Officer may either abate the violation or condition immediately or order the owner, operator or occupant to abate the violation or condition within a period of time not to exceed three days; and upon failure to do so, the Public Officer shall abate the condition immediately thereafter.
(8) 
Where the person or entity responsible for the abatement of any nuisance, as nuisance is defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to comply with the requirements of any municipal ordinances or state law applicable thereto fails to comply with the time specified for abatement, correction or maintenance set forth in the notice provided by the Public Officer, and where such abatement, correction or maintenance requires expending Borough moneys therefor, the Public Officer shall be authorized to abate the nuisance, correct the defect or perform such work as is necessary to place the premises in the proper condition and in compliance with the ordinances of the Borough and the laws of the state. Thereafter, the Public Officer shall present a report of the work performed to accomplish the foregoing to the Mayor and Council with the actual costs and expenses thereof, along with a summary of the proceedings undertaken by the Public Officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearings and the order of the hearing board with reference thereto. The Mayor and Council may, thereupon, by resolution, approve the said expenses and costs; and they shall become a lien against the said premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as are taxes. A copy of the resolution approving the said expenses and costs shall be certified by the Mayor and Council and filed with the Tax Collector, and a copy of this report and resolution shall be sent by certified mail to the owner.
[Amended 10-9-2018 by Ord. No. 2018-1462]
A. 
Public officer may act as custodian. In addition to other remedies provided herein, where the Public Officer has issued an order requiring the abatement of the nuisance, correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to the ordinances of the Borough and laws of the state applicable thereto and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the Public Officer may, for the purpose of correcting any of the foregoing conditions, act as custodian of any building or structure and may, as custodian, enter into and take care of the premises and supervise the abatement of any nuisance, correction or defect or the placing of the premises in compliance with municipal ordinances and state laws. For the performance of the duties of custodian, the Borough shall receive for the services, from the owner, operator and lessor of the premises, compensation approved by the Mayor and Council not exceeding $5 a day per dwelling unit or $30 a week per dwelling unit in the premises, whichever is less, as costs and expense, the same to be certified and collected as provided in § 305-10D(8) hereof.
B. 
Appointment of receiver. Where the owner, operator or lessor of the building violates this code or any other municipal ordinance pertaining to said structure or fails to abate any violation of this code or violates an order of the Public Officer with respect thereto, the Borough Attorney, upon resolution duly approved by the Mayor and Council, shall commence an action in the Superior Court seeking appointment of the Public Officer as receiver ex officio of the rents and income from the said property. The said rents and income shall be collected by the said receiver and shall be expended and allocated to secure compliance with the ordinances of the Borough and laws of the state, as set forth in the order of the Public Officer, and shall be utilized to defray such costs and expenses of the receivership as may be adjudged by the Superior Court and shall be applied towards payment to the Borough of any fines or penalties with costs which may have been imposed on the owner, operator or lessor for violation of the ordinances of the Borough and which have remained unpaid.
C. 
Additional powers. Notwithstanding the provisions of § 305-10D hereof, the Public Officer may, at his election, prosecute violations of any section of this code involving public health or safety by the filing of a complaint with the Municipal Court of the Borough of Montvale.
A. 
Who may apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this code without having right of access to the building or premises through or across adjoining premises not owned by him or under his control and where right of access has been refused the owner, operator or occupant or where the owner or person responsible for granting permission cannot be found or located, then, upon an affidavit setting forth the facts having been filed with the Public Officer, the Public Officer shall serve a five-day written notice of hearing in accordance with the provisions for service contained in this code upon the owner, operator or occupant of any adjoining premises affected by the application.
B. 
Hearing. On the day fixed for hearing, the Public Officer shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access shall not be granted across such adjoining properties.
C. 
Issuance; conditions. If the Public Officer determines that access is necessary to accomplish or complete repairs or improvements necessary for compliance with this code, then the Public Officer shall issue a certificate of necessity, setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect the adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the Public Officer deems proper, that a bond be procured, at the expense, if any, of the person seeking access, to secure the adjoining property against damage to persons or property arising out of such rights of access. The bond shall not exceed in amount $25,000, and the amount set shall take into consideration the extent, nature and duration of the repairs, the proximity of the improvement on the premises affected and the potential risk of damage thereto. The bond shall be filed with the Public Officer.
D. 
Procedure where access refused. Any refusal to comply with this article or any interference with the access to premises pursuant to a certificate issued hereunder shall be a violation of this code, and in addition to the penalties provided hereunder, the Public Officer may, upon affidavit, apply to the Municipal Court Judge for a warrant under the procedure set forth in the applicable section of this code authorizing access to the premises under appropriate conditions and circumstances as provided above.
[Amended 2-27-2007 by Ord. No. 2007-1262]
See Ch. 1, General Provisions, Article I, General Penalty.[1]
[1]
Editor's Note: Original § 86-14 of the 1966 Code, Severability, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All ordinances or parts of ordinances inconsistent with or in conflict with this article are hereby repealed as to said inconsistencies and conflict.
If any section, part of any section or clause or phrase of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining provisions of this article. The governing body of the Borough of Montvale declares that it would have passed the article and each section and subsection hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
This article shall take effect immediately upon passage and publication according to law.